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w CITY OF RENTON 411 MAY 2 2 2012 VA'♦ y --�•� r 4 C f 1 RECEIVED PROPERTY ACQUISITION OR SALE CHECKLIST CrrY LERK'SOFFICE PERMANENT FILE DOCUMENTATION TO: CITY CLERK DIVISION DATE: May 22,2012 STAFF NAME& EXTENSION NUMBER: Stephanie Rary,x6493 City is buyer or seller? Seller Number of acres or S.F. 20,000 s.f. lot If City is seller, list approx.date of original acquisition by City: I a I a-) 179 Property address: 17040 108th Ave SE, Renton,WA 98055 Nearest cross streets: Date of Council/Executive approval: Purpose of acquisition or sale: Sale of surplus Fire Station 13 Other file numbers, document names or key words for cross-referencing: Buyer: Fieldbrook Commons LLC K.C. Parcel I.D#(s) 2123059168 Documents to forward to City Clerk Division.(check off items:or mark N/A►: Document Or' final copy X Purchase and Sale Agreement IZ JI-q-1 X Addendum to Purchase&Sale Agreement Owner's Title Policy Correspondence for Permanent File/Minutes X Closing Statement X Recorded Deed (orig. only) X Other Copy of Closing Documents X X Other Assignment of Purchase and Sale Agreement X �t Gl,p p���S ✓� DOCUMENTS MAY BE SUBMITTED TO CC OFFICE IN PHAS WITH THIS FORM,AS NECESSARY. NO LESS THAN ONE CHECKLIST MUST BE COMPLETED AND SUBMITTED TO CITY CLERK OFFICE BY COMPLETION OF TRANSACTION. -—-------—-------------------------------------------------------------------------------------------------------------------------------------------------------------- For City Clerk Office Use: Add to file: Copy of Minutes, Ordinances, & Resolutions applicable Index cross references as necessary �y FILE NO.AC- 070 d 12/2010 WASHINGTON LAND TITLE ASSOCIATION FORM NO.W-4000 STANDARD FORM REVISED 10-5-77 Policy of Title Insurance Issued by Transamerica Title Insurance Company hereinafter called the Company, a California corporation, for valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations in- cluded in the definition of"the insured" as set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof,otherwise than as stated in item 2 of Schedule A;or 2. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown in Schedule B;or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A,or priority, at the date hereof, over any such instrument, of any lien or encumbrance not shown in Schedule B;or 4. Unmarketability of such title; provided, however, the Company shall not be liable for any loss, damage or expense re- sulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. In witness whereof, THE COMPANY has caused this policy to be authenticated by the facsimile signature of its President, and its Secretary. Transamerica Title Insurance Company By a f -7 President By Secretary •V alnpagaS ui paglaasap luauznalsui Alianaas aaglo ao 'paap lsnal 'lsnal 3o paap 'a2u2laout :,,a2u24aouu„ (;) '.uiaaag umogs ssaappu agI In Auudmo2) agI ;o aatgo agI :,,aag;o alsls„ (a) '.alulsa Iuaa plus of Iaadsaa giim aatlou aniianaisuoa laudug 'smsl 2utpaoaaa agI aapun 'gaigm spaoaaa :,,spaoaaa ailgnd„ (p) '.V alnpagaS ui pagtaads alnulm pun anog 'Sup lasxa aql :,,;oaaag aiup„ (a) :paansui pautuu aivaodaoa s ;o uoilspilosuoa ao 'aa2aaut 'uoiinlossip agI So uosaaa Aq ao paansui patusu u ;o aasinap ao aiag un su alt,lsa lnaa plus lei Isaaalui ao aluisa un 2uiniaap uoilsaodaoa ao uosaad Sun (J) pun ';oaaagi iasd Auu ao ssaupalgapui plus saa4uuaun2 ao saansui gatgzA Alilsivauunalsui ao Aau92s Iu4u9utuaano2 Aus (g) ';oaaagl laud Aus ao ssaupalgapui pies ;o uotlas3st4us ui suuatu in3mul Sq ';oaaagl laud Auu ao 'V alnpagaS ;o f, uuall ut pagiaasap alslsa Inaa agI of allil saainbas oqm ssaupa -Igapui Bans Auu;o digsaaumo ui aossaaans ao aaumo Aule (g) IV alnpagaS ;o g uuall ui umogs a2u24aom Aun Aq paanaas ssaupalgap -ui Aus to digsaaumo ui aossaaans gana (j) giim aag4a2o4 paansui pauuuu Bans :,,paansui agI„ (q) '.Aailod sigl ;o V alnpagaS ut paansui st- pauuuu suoilnaodaoa pus suosaad agI :,,paansut pauzuu„ (u) :uuauu Aailod sigl ui pasn uagm sutaal 2uimoilo3 agy •V •Amiod sigl 3o suoiluliuiil pus suotl -ipuoa 'suuaai aql aapun Aluo alquaaaojua aq llugs pule utaaaq pa2aauu aan 'Aailod sigi ;o aauunsst agI glim uotlaauuoa lei paaapuaa Bali -Alas of Iaadsaa giim Auuduuo2) agI Isum2u 2umq Arm ao ansg At,uu paansui agI Ingl uotlau ;o s4g2ta ao suotlau ao uoilau aaglo AuV -Aailod sigl ;o suotsinoad agI uo pasuq aq lsnuu AuuduuoD agI isutu2u s2uipaaaoad ao suotlau IIV -Aailod stgl aapun Altltquit agI oluul oad aanpaa llugs ;oaaaq V alnpagaS ui pagiaasap alulsa luaa agI of Iaadsaa glim Aailod a2u2laouz plus uo Auuduzoo agI Aq luauiSsd Aut, 'ainpagas alsa let papinoad su uunimaad anssi snoauullnuuis aoj pule Aailod sigl glim Alsnoaunlinugs panssi si a2u24aouu U 3o uail agI 2umnsui Aailod u 3I •aluuttuaal uodnaaagl dugs AuuduuoD agI ;o Sliliquil Ilu pun 'ssaupalgapui agI So uotlau;stius Iuilaud ao lin3 ut paatnbau Aiaadoad Sus AuuduuoD agI of AaAUOa llugs pun 'auzus agI 2uianaas ao 2utauapina sluauunalsui Ilu glim 'Sgoaagl paanaas ssaupalgapui agI pun a2u24aouu agI AuuduuoD agI of u2issu llugs paansut agI uodnaaagl pun ssaupalgapui aailua agI And Arm AuuduuoD agI 'aapunaaaq apuuu st urtuia pun 'a2u2laom u So uail agI saansui Satlod sigl 3I •utaaag pa4u2aa2as Allua -gtaads asimaaglo si Aliliquti ssalun 'laajap aq; ;o Aaanoasip agI ;o auttl agI Ile alogm agI So anlsA agI of saleaq uoilaod aetlaa;ap aql 3o anluA aq; gaigm Aatlod sigl So lunouuu aauj agI ;o uotlaodoad aql oI paliuull aq dugs Altitqutl 'uiaaag pagiaasap uaau agI ;o uoilaod le oI alltl agI ui laa;ap n ;o uosaaa Aq Aailod sigl 3o suual agI aapun uutleia n And oI palt,2ilgo aq Ilugs AuudwoE) agI aaAauagM •alnuotlaodoad aq lllegs uoi4u2oagns Bans 'paansui agI ;o ssol agI aanoa iou saop Auuduzo2) agI Aq apum luautAud agI 3I •AuuduuoD agI oI s4g2ia Bans llu ialsuual Ilugs paansui agI put, 'panssi uaaq Iou pug Sailod sigl 3i anug pinom ao 'uuiula Bans of Iaadsaa glim Alaadoad ao uosaad Sun 4suis2n anuq Auuu paansut agI gaigm saipauuaa pun slg2ia Ilu of pa4u2oagns aq lllegs It aapun -aaaq uuiula n ptud anug hugs Auudmo2) agI uagM •Sud oI pa4n2ilgo si AusduzoD agI gaigm slsoa pun paansui agI ;o ssol lunlau aql paaaxa asna ou ut slugs SundtuoD agI ;o Aliliqutl ag.L •piud iunoutu agI Aq AuuduuoD agI So Altliquil agI aanpaa Ilugs 'aapunaaag Suitnia ;o Iuauxalllas ao asualap oI Iuaptaui us st, Sut,dmoD agI Sq paaammi slsoa Jo anisnlaxa 'Ausduuo2) agI Aq apuut luaus -And AaaAH •aluutuuaal dugs AuuduuoD agI ;o AI?Itgnti [In uodnaaagm 'llnj ui Aailod sigl And auutl Auu In Aunt AuuduzoD aqZ •g paansui pauunu Bans ;o aossaaans su aapunaaag paansui ut, auzoaaq hugs ogm uoiluaodaoa ao uosaad Aus Isuiu2u alqulisnu Allunba aq llugs paansui pautuu u lsuiu2u SuuduzoD aql ;o sasua;ap ao s4g2ia SUV •sdsp Alalgl plus ;o uoiluaidxa agI aal;u auaA auo uiglim uoaaagl paauaututoa uaaq anuq llugs uoilas uu ssalun psq aq dugs AaaAOaaa ou pule pagsivanj uaaq anug hugs ivatualuls Bans aalln sAup Alatull Iilun olaaagl Iaadsaa giim anaaan Bugs uotlau ;o Ig2ia oN •pauiulaaass uaaq anug hugs a2utuup ao ssol Bans aal;u sAup Alxis uiglim aauUo alms sli In AusduuoD agI of pagsivan; aq ilsgs `alquil si AuudutoD aql pauziula st It gaigm aoj 1a2sutsp ao ssol Auu ;0 2u14tam let ivautaluis V •papinoad uiaaag su apnuu aq Aunt ugsla 'utaaag paldaaxa ao glao; Ias Iou aauuaquunaua ao uatl 'Isaaalui asaanpu Auu So uosaaa Aq paaiuduti ao palua;ap si paans -ui Isaaalui ao uail 'alnlsa agI gaigm aapun 'uoilaipsianf lualadutoa ;o lanoa n Aq uoilnuiuuaalap Imatpnf Iuut; ;o liana agI ul •Z •aaipnfaad Bans;o ivaixa agI of Aluo uagi pun aanliu;Bans Aq paaipnfaad Allunlas aq llsgs AuudutoD agI ssalun paansui agI;o ulinla agI aaipnfaad asna ou lei Ilsgs aatlou Bons ant2 of aanliu;Ingl'aanamog'papinoad '.aluuiuuaal Ilugs'olaaagl luapiaui asuadxa Aule pun's2uipaaa -oad ls2al ao puuutap Bans ;o aallsuz laafgns agI of pau2aa glim AusdutoD agI;o AI?Iiquil Iis uagl'papinoad anoqu st'paanaas pualap of lg2ta agI ao 'uan12 aq Iou llugs aatlou Bans;I •asuajap Bans ut aauulsissn alquuosuaa Ilu aapuaa Ilugs paansui agI pun 'paansui agI laaload of Aaussaaau su au; os paansui agI So autuu agI ui s2uipaaaoad In2al Bans puejap of 4g2ia agl'paansui agI uodn ssoaoad lsatp;o aainaas aoi;u sAup uai utglim'AuuduuoD agI of aanaas's2uipoaaoad lu2al Bans oI Alaud n si paansui agI 3i'pun 10186 uol2uigsuM'al4leas 'IaaalS AlisaaAtuIl In anuaAV gixiS 'aauld Bland 'aaWo alms sit In AuuduzoD agI of 2ui41am lei;oaaagl aaiiou 9ni2 aauo In hugs paans ! -lei agI palnliisut aq Ilugs s2uipaaaoad Iu29I Bans Awe ao palaassu aq Ilugs punutap Bans Aun asna uI •IIn; ut Aailod sigl ;o lunouve agi 2uiAud ao uuiula agI 2uil44as So augl Sun In uoildo agI 'aanamog '2u1na9s9a :uiaaag paldaaxa ao giaoj Ias Iou si pun jo'aaag alup agI of aoiad paisixa anog of paugula si ao paisixa gaigm laa;ap ao aauuaquunaua 'ailil 3o winla le uodn papunol s2uipaaaoad f lu2al pun spuuuuap Ilia of Iaadsaa glim paansui agI pua;ap 'asuadxa umo sli In 'Iiim put, 'oi 41q2ia agI anug Ilugs Auudu oD aqy •T Smoilv'IIIdIZS (INV SKOIZIUMOD ALASKA AND WLTA POLICY Form No.W&AK 4000-1 (IPT) SCHEDULE A No. 01-02-429247 Amount $ 51,400. 00 Date December 27 , 1979 at 8 : 30 A.M. Premium $ 238 . 00 1. Insured — THE CITY OF RENTON, a municipal corporation 2. Title to the estate, lien or interest insured by this policy is vested in The named insured 3. Estate, lien or interest insured Fee simple estate 4. Description of the real estate with respect to which this policy is issued The North 100 feet of the West 230 feet of the South 1/2 of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 29, Township 23 North, Range 5 East , W.M. ; EXCEPT portion lying within Secondary State Highway No. 5-C. Situate in the County of King, State of Washington. sc WLTA WASHINGTON POLICY Form No. W 4000-2 (1PT) Revised 2-15-1978 SCHEDULE B Defects, liens, encumbrances and other matters against which the company does not insure: GENERAL EXCEPTIONS _ 1. Encroachments or questions of location,boundary and area,which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records;material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage removal. 2. Exceptions and reservations in United States Patents: right of use,control or regulation by the United States of America in the exer- cise of powers over navigation; limitation by law or governmental regulation with respect to subdivision,use enjoyment or occupancy; any prohibition of or limitation of the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not disclosed by the public records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies,if any,preceding the same becoming a lien. 4. "Consumer credit protection," "truth-in-lending," or similar law, or the failure to comply with said law or laws. Special exceptions 1. ASSESSMENT: Amount : $13 , 918. 59 Interest: 8% From: March 21 , 1979 Annual Installments : 15 Installments Paid: 0 Next Installment Delinquent: March 21 , 1980 Levied By: Cascade Sewer District For: Sewers L.I .D. No. . 33 (Covers property herein described and other property) 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: Puget Sound Power & Light Company Purpose: Electric transmission line Area Affected: Center line being 1 foot East and parallel to the West line Recording No. : 3038465 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: Cascade Sewer District , a municipal corporation Purpose : Sewer mains Area Affected: The West 20 feet Recording No. : 780927-0194 OWNER'S INFLATION PROTECTION INDORSEMENT Attached to Policy No. Issued By Transamerica Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in the Policy to which this Indorsement is attached, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maxim,m amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States Depart- ment of Commerce Composite Construction Cost Index (base period 1967) for the month of September immedi- ately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Contruction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Com- pany of the first notice of such claim, whichever shall first occur. PROVIDED, HOWEVER, this indorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described in this Policy is a parcel on which there is only a one-to-four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or b. The land consists of a residential condominium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This Indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Tpansamepica Title Insurance Company AW By President 4f AY 23, N NN_ �A � .W lFOR�� AW NOTE: In connection with any renewal policy subsequently issued on said land, the renewal rate (if applicable at all) will be allowed based only upon the original face amount of insurance as stated in Schedule A of said Policy. T/A Indorsement Form No. W&AK T/A-1 (Effective U-4-74 Washington) (Effective 4-17-75 Alaska) HOMEOWNER'S ADDITIONAL PROTECTION INDORSEMENT Attached to Policy No. Issued By Transamerica Tale Insurance Company This Indorsement shall be effective only if at Date of policy there is located on the land described in said Policy one-to-four family residential structure, in which the Insured Owner resides or intends to reside. For the purpose of this Indorsement the term "residential structure" is defined as including the principal dwell- ing structure located on said land and all improvements thereon related to residential use of the property, except plantings of any nature and except perimeter fences and perimeter walls. The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the following matters: (1) lack of a right of access from said land to a public street; (2) any taxes or assessments (excluding utility connection and service charges) levied by a public authority against the estate or interest insured which constitute liens thereon and are not shown as exceptions in Schedule B of said Policy; (3) any unrecorded statutory liens for labor or material attaching to said estate or interest arising out of any work of improvement on said land in progress or completed at Date of Policy, except a work of improvement for which said Insured Owner has agreed to be responsible; b. the enforced removal of said residential structure or interference with the use thereof for ordinary residential purposes based upon the existence at Date of Policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement shown as an exception in Schedule B of said Policy, or onto any unrecorded subsurface easement; (2) any violation of any enforceable covenants, conditions or restrictions affecting said land and shown in Schedule B; (3) any violation of applicable zoning ordinances, but this Indorsement does not insure compliance with, nor is it in any way concerned with, building codes or other exercise of governmental police power; c. damage to said residential structure resulting from the exercise of any right to use the surface of said land for the extraction or development of minerals, if minerals are excepted from the description of said land or shown as an exception or reservation in Schedule B. The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in the aggregate, the amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Transamerica Title Insurance Company � �i INS& 1 AW B ��C Y ttP President Y 23, ANW T/A Indorsement Form No. W T/A-2 (Effective 5-15-76) • Form No.W-AK-555.1 (Previous Form No.80$P) Drawn by Checked Date Plat VoL PG. Order No. SKETCH OF PROPERTY SE OUT IN ATTACHED ORDER To assist in locating the premises. It is not based on a survey, and the company assumes no liability for variations if any, in dimensions and location. 5Se3 y 28 w 0 U +1 '2.2 9 9S y' tb W IV " Z8r . FSM 7 s �! - 6307/80 ` G3o ,o 9 LO b 20el h � Note—This map does not purport to show all highways, roads or easements affecting the property. z 3 .� k a c Z '- a m mD °—'0 000 wZ cmA °c �-� n m N O A -D— Tm i p m »m m rOD 0olp ?'n m� N mo ion �W =? 7 cmO o> mo = Fa O Gomm 01 j»m m o'Fmto _'oo m N�'D scow ? wm� �°ma n ��o C1 mD� o c.o O o�p S E;c o O o- O. omn K ao10 0- n m mm 0�1 7o m 5 �? M �n 7 122 a m 70 m �C)m C. Wm mom Ol �p mm a "n O �' A c 7 O a mm y oo fll mm is y_.3.0 mom O ru02 Q .�<!/l O 1.)Za O .. moa mn p m-_- O N D Q <o- o Nm?CV • �•7m IC • "m • Nm�v a rnm m' • fwOfm • �cim 0 • �p? Q • �m mr • "=o -a • mH CL.0 • wn3 O >> a6 1p °i O B-m m .'O 7, 'po m �. ivo m N m m -n 0 am •°i >C MCM » pmD COO �m m -•a Ap,m N w-'m w3 0�3 a m»<o Ol v.. �w .m. m m m o�-''O m m oo Ol m-. Ol m A+' n a,omm mom �mm 'ap< OI ��m °Xm N °o?D » °omit °o�.? w5 =mm .m. 000» O �• ° y O m G ''o O �mm JCA— o . omq O m: O � n mZ �m W 0 7 Nc 7 0m 7 o m �' mm O PO O m�� cAnm � N°om 0 m m m p(MJ N» m`mG Nm w » f0 co ? ° N.� Am i Om/.-. W» W A» W Co N � N c _ c Co n (5 Q C O n MI CD 3 CA m r± i M y n D Z `m n_ ao 11 m Z { 0 D M = rn , � D m OC O D 2 Z < 7C D D M m m D O Z D 0 vii Z Z A y D 0 Z 61 = 3 Z C A to `�„ D 3 0 Z v -i Z y N 3 Z Z ° _ N rn M > y n r 2 a y -4 oZ o y `2 C 2 C Z (A O Z 71 7C N m M Z 7C < ` D 2 v+ O D D N M r- m D m 0 D 2 O D D 3 r- ~ n D D x A O 2 m Z D m n 0 0 m y D 0 W rn D y 3 3 n D �'-� D O 0 C�i �+ O O � '" z 3 '� ni v Y a D D Z O O z N m n D Z H N r 3 Z 2 Z m ASSIGNMENT OF REAL ESTATE PURCHASE AND SALE AGREEMENT This Assignment of the Real Estate Purchase and Sale Agreement is made on this 10th day of April, 2012, ("Assignment") by and between PNW Holdings, LLC, a Washington limited liability company (the "Assignor") and Fieldbrook Commons, LLC, a Washington limited liability company ("Assignee"). WITNESSETH WHEREAS, Assignor (as Buyer) and the City of Renton, a Municipal Corporation (as Seller) entered into that certain Real Estate Purchase and Sale Agreement(Raw Land Washington)dated October 25, 2011,("Agreement"), a copy of which is attached hereto as Exhibit "A", for the sale of the Property (as defined in the Agreement). WHEREAS, Assignor has the right to assign the Agreement pursuant to Section 19(I) of the Agreement. AND WHEREAS, Assignor desires to assign its interest in the Agreement to Assignee, and Assignee desires to assume all of Assignor's obligations under the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged,the parties hereby agree as follows: 1. Recitals. The above-stated recitals are true and correct and incorporated herein by this reference. 2. Transfer of Agreement. Assignor hereby assigns, sets over and transfers to Assignee all of its right, title, and interest (including liabilities and obligations) in, to and under the Agreement and the Property. Assignee hereby assumes all of Assignor's right,title, and interest(including liabilities and obligations)in,to and under the Agreement and the Property. 3. Signatures. This Assignment may be executed in multiple counterparts, all of which shall be considered one and the same Assignment. Facsimile copies of signatures hereto shall be deemed originals. 4. Definitions. All definitions and capitalized terms used in the Agreement shall apply for the purposes of this Assignment. IN WITNESS WHEREOF, the parties duly execute and make effective this Assignment as of the date first above written. ASSIGNOR: ASSIGNEE: PNW HoldinoLc Fieldbr0000kk Commons, LLC By: By: !% Mic 1 Gladstein Joel Mezistrano Its: Manager Its: Manager Exhibit"A" Purchase and Sale Agreement AC-070 REAL ESTATE PURCHASE AND SALE AGREEMENT (Raw Land-Washington) This Real Estate Purchase and Sale Agreement("Agreement")is made and entered this 25th day of October,2011,by and between The City of Renton,a Municipal Corporation("Seller")and PNW Holdings LLC,a Washington Limited Liability Company,and/or assigns("Buyer"). In consideration of the promises and mutual covenants set forth herein, Buyer and Seller agree as follows: DESCRIPTION OF PROPERTY TO BE CONVEYED - Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and conditions hereinafter set forth,teat certain real Property described as follows: THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTZMWT QUARTER OF THE SOUTHEAST QUARTER OFSEC7ION29, TOWNSHIP 23 NORTH, RANGE S EAST, WM., IN KING COUNTY, WASHINGTON, together with all improvements and fixtures thereon and all related rights and appurtenances thereto,as well as all Intangible Property associated therewith.Seller warrants that this is the correct legal description of the Property to be conveyed pursuant to this Agreement. If the above legal description is not a complete legal description of the Property to be conveyed, . Seller shall provide Buyer with a complete legal description. Seller and Buyer hereby authorize Escrow to insert over their signatures the correct legal description of the real Property. 1. PURCHASE PRICE-The purchase price shall be One Hundred Sixty Five Thousand Dollars ($165,000). The purchase price shall be paid in cash at the time of closing, less any earnest money previously paid by Buyer. 2. EARNEST MONEY RECEIPT-Upon the date Buyer acknowledges receipt of a fully executed copy of this Agreement C`Mutual Acceptance"), Buyer shall deliver and deposit with First American Title Insurance Company ("Escrow') an Earnest Money Promissory Note. The Earnest Money Note shall be payable in the sum of Five Thousand Dollars($5,000).All earnest money shall be applicable to the purchase price at closing. Within five (5) business days after Buyer notifies Seller that it has removed the Feasibility Contingency stated below, Buyer shall convert the Earnest Money Note to cash and release its proceeds to Escrow with instructions to release the money to Seller. Earnest Money shall be considered non refundable once released to Seller,except in the case of Seller default. 3. FEASIBILITY CONTI MENCY-This Agreement is expressly subject to Buyer completing,at its sole expense, a feasibility study for the development of the Property. This feasibility study shall be completed within Thirty(30)business days from the later of Mutual Acceptance or the date Seller has provided Buyer with all of the Property Documents described below (the "Feasibility Period"). If Buyer shall deem, in its sole and absolute discretion, that its intended use of the Property appears to be economically viable and architecturally feasible, then PNW Holdings LLC/City of Renton/FS13 Property page 1 notification shall be provided to Seller in writing, on or before the last day of the Feasibility Period, stating that the contingency has been removed If Buyer elects not to proceed with the transaction, no notice shall be given to Seller, this transaction shall be null and void unless otherwise agreed upon by the parties to this Agreement,and all Earnest Money deposited under this transaction together with any accrued interest shall be returned to Buyer. 4. SELLER'S COOPERATION - Seller agrees that Buyer and/or its nominee may seek to obtain PUD approval,binding site plan approval,subdivide,rezone and/or develop any or all portions of the Property described in this.Agreement.Seller agrees to join with Buyer in the signing of all application documents, easements, acquisition of utilities, requests for zoning, conditions, covenants and restrictions, etc. Seller does not waive its independent right to ensure that any proposal meets its codes and complies with all Federal and State laws, including the State Environmental Protection Act(SEPA). 5. CLOSING-This transaction shall close within One Hundred Twenty(120)days after the date Buyer removes its Feasibility Contingency as noted in Section 3 above. The closing of this transaction shall take place at Escrow. Buyer reserves the right to close this transection and waive all contingencies at any time if,in Buyer's sole discretion,this action is warranted. 6. CONVEYANCING- Title to the Property shall be conveyed to Buyer at closing by warranty deed free of encumbrances or defects and Seller shall deliver possession of the Properly to Buyer free of all tenancies on the date of closing.In addition,Seller shall provide Buyer with a written assignment of the Intangible Property relating to the Property at Closing. 7. CLOSING ADJUSTMENTS AND COSTS a) Any and all rents, or other income and operating expenses for or pertaining to the Property, shall be pro-rated between Seller and Buyer as of the closing date. Any pro- rations based on estimates shall be subsequently adjusted after closing when actual costs and pro-rations can be calculated,and the obligated party for any overage or adjustment shall promptly pay the amount due to the other party. b) Seller shall pay for the cost of the Standard Title Policy,transfer taxes, one-half of the Escrow fee and all other customary closing costs for Seller. Buyer shall pay the cost- the Extended portion of the Title Policy,recording the deed,one-half of the Escrow fee and all other customary closing costs for Buyer. 8. I1V'MKIM ACTIONS/RIGHT OF ACCESS After the date of Mutual Acceptance, Buyer, its agents and employees shall have the right to enter onto the Property for the purpose of accomplishing Buyer's objectives for the study and development of the Property. Buyer shall restore the Property reasonably consistent with its Present condition in the event of termination of this Agreement except in the case of Seller's default. PNW Holdings LLC/City of Renton/FS13 Property page 2 9. SELLER'S REPRESENTATIONS AND WARRANTIES - Seller represents, warrants and covenants the following to Buyer: a) Power and Authority-Seller is the owner of the Property and has the legal power,right and authority to enter into this Agreement and to consummate the transaction provided for herein. This Agreement and all other documents executed and delivered by Seller constitute a legal, valid, binding and enforceable obligation of Seller. Each person signing below on behalf of Seller represents and warrants that it has the legal power, right and authority to enter into this Agreement on behalf of Seller and that its signature to this Agreement binds Seller to the terms of this Agreement. b) Title-Seller has fee simple title to the Property which as of the Closing Date,will be fine and clear of all encumbrances, defects, and encroachments. The term Property includes any easements, rights of way, or appurtenances necessary to record the final plat, obtain building permits, and certificates of occupancy. Buyer acknowledges an existing fence line dispute with a neighboring property and agrees to waive any rights it may have under this section regarding warranties against encroachments. c) Hazardous Substances-To the best of Seller's knowledge,there is no hazardous waste or hazardous substances on the Property(including the land,surface water,ground water, and any improvements)as such terns are defined by any law, ordinance, or regulation applicable to the Property. d) Other Claims or Commitments-There are no written or verbal contracts or agreements for the sale,lease,rental or use of the Property or any portion thereon which contract or agreement may be binding against the Property and may subsequently result in a claim against Buyer. e) I&jW Action-There is no action,suit,proceeding or investigation pending,or to Seller's knowledge threatened,before any agency, court or other governmental authority which relates to the Property or Buyer's intended use thereof. fl Foreign Person or Entity - Seller is not a foreign person, non-resident alien, foreign corporation,foreign partnership,foreign trust or foreign estate,as those terms are defined in the Internal Revenue Code and the Income Tax Regulations promulgated thereunder. At closing,Seller shall deliver to Escrow a certificate of non foreign status in the form required by Income Tax Regulations and reasonably acceptable to Buyer. In the event Seller shall not deliver such certificate to Escrow at closing,Escrow shall withhold the amount required pursuant to Section 1445 of the Internal Revenue Code and submit such withholding to the Internal Revenue Service. g) Loal Lot—The Property conveyed at closing shall be a legal lot in compliance with state statutes and local ordinances. PNW Holdings LLC/City of Renton/PS13 Property page 3 r r' h) No Artifacts or Protected Species - The Property is free of historical or archaeological artifacts and/or protected species. i) Utilities -The Property is presently served by a public water main, public sewer main, gas main,and electric distribution line.The term"served by"means that a main or line capable of adequately serving the entire property abuts or adjoins the Property at some point. IO.SELLER'S OBLIGATIONS PENDING CLOSING - During the term of this Agreement until termination as herein provided, Seller covenants and agrees to perform the following obligations: a) Property Documents-Seller shall provide Buyer with copies of all documents pertaining to the Property which shall include but not be limited to the preliminary plat approval containing conditions required for final plat approval,the recorded plat if recorded,any and all engineering and other consulting studies, soils reports, surveys, environmental reports, development plans and specifications, permit applications, governmental licenses, permits and approvals, warranties from third parties, utility rights and agreements (collectively"Intangible Property'). In addition, Seller shall provide Buyer with all governmental communications, unrecorded covenants, restrictions, easements, and/or other potential encumbrances pertaining to the Property. Any additional documents received by Seller subsequent to the date of Mutual Acceptance, shall be promptly forwarded to Buyer. b) Sell or Encumber Property - Seller shall not sell, assign, or convey any right, title or interest whatsoever in or to the Property to any third party, or create or permit to exist any lien,encumbrance or charge thereon which will not be paid in full at closing. c) Rgntations and Warranties - Seller shall not take any action, or omit to take any action, that would have the effect of violating any of its representations, warranties, covenants,and agreements contained herein. d) Existing Financing-Seller shall continue to make all payments required under the terms of any existing financing on the Property and shall not suffer a default or permit a default to arise thereunder. e) Memorandum of Agreement - Seller shall, upon request by Buyer, execute a memorandum of this Agreement which Buyer may record. 11-TIlTLE INSURANCE-As soon as possible after the date of the Mutual Acceptance,Seller shall cause First American Title Insurance Company(the"Title Company,) to issue a commitment for an ALTA Owners Extended Coverage Title Policy (including copies of all exception documents referenced in said commitment) in an amount equal to the Purchase Price,which commitment shall provide for the; issuance of a final title policy as of the Closing Date, PNW Holdings LLC/City of Renton/FS13 Property page 4 subject to no liens or encumbrances and include such endorsements,affirmative coverage,and other modifications required by Buyer and Buyer's lender. The Title Company shall issue the Title Policy to Buyer as soon as possible after Closing. 11CONDTTION OF PROPERTY AT CLOSING a) Condition of Properly-Between the date of Mutual Acceptance and the date of closing, there shall be no material adverse change(s) in the condition of the Property. Prior to Closing,Seller shall remove all junk and debris from the Property. b) Y or Condemnation-If prior to closing,there is a loss of the Property by casualty or condemnation,Buyer shall have the option to: 1)accept title to the Property without any adjustment of the purchase price, in which event at the closing all of the condemnation awards shall be assigned by Seller to Buyer and all moneys received by Seller in connection with such loss shall be paid over to Buyer, or 2) terminate this Agreement, in which event all earnest money deposits,whether refundable or not,shall be returned to Buyer,and this Agreement shall then be null and void. c) Moratorium - As of the closing date there shall be no actions imposed, pending, or contemplated by any utility supplier or other authority having jurisdiction over the Property that would result in restricting,reducing,delaying,or denying permits necessary for the development, construction, use or occupancy of the Property as a residential development. 11CO1`iDI TIONS PRECEDENT TO CLOSING- If any of Seller's obligations contained herein have not been completed then Buyer shall have the right to extend the closing date until the date which is 15 business days after Seller completed the condition or may terminate this Agreement and have all Earnest Money refined to Buyer. 14.DEFAULT PROVISIONS a) Buyer's Remedies-In the event of Seller's breach of this Agreement,Buyer shall have the right to enforce this Agreement by specific performance or by any other remedy available in law or equity. Buyer, at its option, may elect to waive the performance of any condition,contingency or provision in Buyer's favor set forth in this Agreement. b) Seller's Remedies - In the event Buyer fails, without legal excuse, to complete the purchase of the Property,any Earnest Money deposit(s)paid to Seller shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure.This limitation shall include any claims for attorneys' fees, interest and actual or consequential damages.It is agreed that the Earnest Money shall represent the reasonable estimate by the parties of the amount of damages that Seller would suffer by reason of Buyer's default under this Agreement. Seller hereby waives any other remedy it may PNW Holdings LLC/City of Renton/PS13 Property page 5 V have. In the event Seller fails to receive any payment or notice required herein, Seller shall so notify Buyer and Buyer shall then have ten(10)days to cure performance 15 NOTICES-All notices shall(i)be in writing;(ii)be sent by mail,courier service,or facsimile transmission; and (iii) be effective on the date it is officially recorded as delivered. The addresses to be used in this Agreement are: Buyer's Address: PNW Holdings,LLC Attn:Michael Gladstein-Manager 9725 SE 36"St.Suite 214 Mercer Island,Washington 98040 Phone:(206)588-1147 Seller's Address: City of Renton c/o Peter M.Renner,CFM Facilities Director copy to Larry Warren,City Attorney Renton City Hall 1055 South Grady Way Renton,WA 98057 Phone:(425)430-6605 16-OPEN SPACE/AGRICULTURAL TAXATION PENALTIES -Seller shall pay all applicable "back"or"roll-back"real estate taxes,interest and/or penalties to bring the subject Property out of any open space designation, green belt, farm, forest, other property deferral, current use taxation program or similar restrictive designation.Such back taxes,interest or penalties shall be paid by Seller before closing. If Seller is unable to complete this obligation prior to closing, Buyer shall have the option of delaying closing until the county tax assessor has cleared the matter, or proceeding to close with an escrow hold-bards in the amount of one hundred fifty percent(150%)of the estimated back taxes and penalties. 17.COVENANTS CONDITIONS & RESTRICTIONS - If Covenants, Conditions and Restrictions("CC&R'S)have not already been recorded against the Property as of the date of this Agreement, Seller.agrees not to record any against the Property prior to closing without Buyer's prior written consent. 18-REAL ESTATE COMMISSION-Each party represents and warrants to the other that it has not used the services of any real estate agent, broker or finder with respect to the transaction contemplated hereby. Each party agrees to indemnify and hold harmless the other against and from any inaccuracy in such party's representation under this Paragraph. PNW Holdings U.0/City of Renton/FS13 Property page 6 19.MISCELLANEOUS a) Entire areernent No Oral Modifications - This Agreement, and any exhibits hereto, constitute the final and complete Agreement,and supersede all prior correspondence or agreements between the parties relating to the subject matter hereof. This Agreement cannot be changed or modified other than by a written agreement executed by both parties. b) Successors Bound-The provisions of this Agreement shall extend to,bind and inure to the benefit of the parties hereto and their respective heirs,successors,and assigns. c) Governing Law-This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. d) a il' - If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable,the remaining terms and provisions of this Agreement shall not be affected thereby,but each remaining term and provision shall be valid and enforced to the fullest extent permitted by the law. e) Construction - Seller and Buyer acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement(including exhibits)or any amendments thereto,and that the Agreement shall be given a reasonable interpretation in accordance with the plain meaning of its terms and the intent of the parties. f) Survival of Terms-The terms and provisions of this Agreement shall survive the closing and shall not be merged into the deed or extinguished thereby, but shall remain in full force and effect thereafter. g) Tine Periods-All time periods set forth in this Agreement shall be measured from the date of Buyer's receipt of a Seller signed original of this Agreement,which date shall be considered to be the"date"of this Agreement and is set forth below. If the date of any performance under the terms of this Agreement falls on a weekend or holiday,the time for performance shall be extended to the next business day. h) Time of the Essence-Time is of the essence,and shall apply to all terms and conditions of this Agreement. i) Count -This Agreement may be executed in counterparts, each of which shall be deemed to be an original,and together shall constitute one and the same Agreement. j) Facsimile Transmission - Facsimile transmission of any signed original document,and retransmission of any signed facsimile transmission,shall be the same as delivery of an PNW Holdings LLC/City of Renton/FS13 Property page 7 original. At the request of either party, or Escrow, the parties will confirm facsimile transmitted signatures by signing an original document. k) Multiple Parties - In the event Seller is composed of more than one party, obligations arising from this Agreement are and shall be joint and several as to each such party. Each person executing this Agreement does so in his or her individual capacity and on behalf of his or her marital community. 1) Assilmment of Agreement-Buyer shall have the right to assign this Agreement and its rights hereunder and to be relieved of any future liability under this Agreement,provided that the assignee shall assume all of the obligations of Buyer hereunder. m) Financing Extension of Closing Date - Seller agrees that the closing date may be extended up to fifteen business days, if necessary,to permit Buyer's lender to prepare financing documents. n) 1031 Exchange-Buyer agrees to cooperate with Seller if Seller decides to participate in a 1031 exchange of properties, provided that such exchange shall be at no expense to Buyer and shall not delay closing,and provided further that Buyer shall not be required to take title to any property other than the Property. o) No Waiv -No waiver of any of the provisions of this Agreement shall be deemed,or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless excused in writing by the party making the waiver. p) Further Acts - Each party shall, at the request of the other, execute, acknowledge (if appropriate)and deliver whatever additional documents,and do such other acts as may be reasonably required in order to accomplish the intent and purposes of this Agreement. q) Attomevs Fees-In the event that either party hereto brings an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive reliez or for an alleged breach or default of this Agreement, or any other action arising out of this Agreement or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys fees and court costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. r) No Partnerships - Nothing in this Agreement shall be deemed in any way to create between the parties any relationship of partnership,joint venture or association,and the parties disclaim the existence thereof. PNW Holdings LLC/City of Renton/FS13 Property page 8 20.BUYER'S OFFER - The undersigned Buyer, on this 25th day of October, 2011, hereby offers this Agreement to Seller to purchase the Properly described herein; pursuant to the terms and conditions contained herein. Buyer: PNW Holdings,LLC Justin R.lWers Director of Land Acquisitions 21.TIME FOR ACCEPTANCE - Buyer's offer is made subject to the acceptance of Seller, on or before twelve o'clock midnight of November 11,2011. If Seller does not accept this Agreement within the time specified, the Earnest Money note shall be returned to Buyer, and this Agreement shall be null and void. 22.SELLER'S ACCEPTANCE - The undersigned Seller on this_ Lday of AI&Jpto bel, 2011, hereby accepts and approves this Agreement,and agrees to carry out all of the terms thereof. Seller: Ci of Renton,a nicipal Corporation By By: Printed Name: Denis Law Printed Name: Bonnie Walton Title:Mayor,City of Renton Title:City Clerk,City of Renton 23.BUYER'S RECEIPT - Buyer hereby acknowledges receipt of a Seller .signed copy of this Agreement,on /*u— 4 ,2011. Buyer: P oldings, LC By: US ' .Lagers Director of Land Acquisitions PNW Holdings LLC/City of Renton/FS13 Property page 9 EARNEST MONEY PROMISSORY NOTE $5,000.00 Mercer Island,Washington October 25,2011 FOR VALUE RECEIVED, the undersigned ("Buyer") agree(s) to pay to the order of The City of Renton, a Municipal Corporation ("Seller") the sum of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00),without interest, PAYABLE AS FOLLOWS: This note is evidence of the obligation to pay earnest money under the terms and provisions of a real estate Purchase and Sale Agreement between ("Seller") and ("Buyer") dated October 25, 2011. Buyer's failure to pay the earnest money pursuant to the terms of said Purchase and Sale Agreement shall constitute a default on said Purchase and Sale Agreement as well as on this note. This note is due and payable within 5 (five) business days of Buyer and Seller agreeing that the conditions, contingencies, and inspections given in the said Purchase and Sale Agreement have been met. In the event that this note is not paid when due and suit is instituted for the collection thereof, the undersigned promises to pay to the holder of this note all reasonable costs and expenses of suit, including all reasonable attorney's fees, to be determined by the court in which such action may be brought. PNW Holdings LLC a Washington Limited Liability Company Robert Gladstein—Manager .asp ��aF,rsr�"r First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 Jackie Engholm Direct Phone Number:(206)615-3126 Commercial Escrow Assistant FAX:(866)678-0590 jengholm@frstam.com Rpr�f-ZIVFV / �{.y City of Renton s k ^,y. ; .r, ► April 18, 2012 File No.: NCS-500241-WAl (vic) Re: 17040 108th Avenue Southeast, Renton, WA 98055 The above referenced transaction was closed on April 17, 2012. Enclosed please find the following for your records: (Keep these instruments in a safe place as some of them cannot be replaced.) • Copy of Final HUD-I and Closing Statement [ X] Certified • Your proceeds in the amount of$158,590.36 [ ] are enclosed by check; [ X] have been wire transferred in accordance with your instructions. • I Sincerely, F' st American le Insurance Company J ie Engholm, mmercial Escrow Assistant Page 1 of 1 je/04/18/2012 4-` < �: FirstAmerican Title Insurance Company National Commercial Services ' [ 818 Stewart Street,Suite 800•Seattle,WA 98101 x Seller's Final Settlement Statement ;t tifi t InsUranc h!5 the or1�f�ya be a trUe and Property: 17040 108th Avenue Southeast,Renton, WA 98055 File No: NCS-50 41 Al Officer: Victoria . oats/JE New Loan No: Settlement Date: 04/17/2012 Disbursement Date: 04/17/2012 Print Date: 04/18/2012, 1:03 PM Buyer: Fieldbrook Commons, LLC Address: 9725 Southeast 36th Street, Suite 214,Mercer Island,WA 98040 Seller: City of Renton Address: Charge Desc!j tion Seller Charge Seller Credit Consideration: Total Consideration 165,000.00 Prorations: County Tax 04/17/12 to 01/01/13 @$12.08/yr 8.57 Title/Escrow Charges to: Closing-Escrow Fee to First American Title Insurance Company National Commercial Services$425.00 465.38 Sales Tax:$40.38 Policy-Standard ALTA 2006 Owner's to First American Title Insurance Company National Commercial 930.75 Services$850.00 Sales Tax:$80.75 Excise Tax to First American Title Insurance Company National Commercial Services 10.00 Disbursements Paid: Release of Deposit to Seller to City of Renton 5,000.00 2012 taxes to King County Treasurer 12.08 Cash(X To)( From)Seller 158,590.36 Totals 165,008.57 1 165,008.57 �St J.UFRjr FirstAmerican Tide Insurance Company �1► National Commercial Services 818 Stewart Street,Suite 800•Seattle,WA 98101 Seller's Estimated Settlement Statement Property: 17040 108th Avenue Southeast,Renton,WA 98055 File No: NCS-500241-WAI Officer: Victoria L.Coats/vlc New Loan No: Estimated Settlement Date: 04/17/2012 Disbursement Date: Print Date: 04/12/2012,11:33 AM Buyer: Fieldbrook Commons,LLC Address: 9675 Southeast 36th Street,Suite 105,Mercer Island,WA 98040 Seller: City of Renton Address: 1055 South Grady Way,Renton,WA 98057. Charge Description Seller Charge Seller Credit Consideration: Total Consideration 165,000.00 i Prorations• County Tax 04/17/12 to 01/01/13 RS12.08/yr 8.57 i Title/Escrow Charges to: Closing-Escrow Fee to First American Title Insurance Company National Commercial Services$425.00 465.38 Sales Tax:$40.38 Policy-Standard ALTA 2006 Owner's to First American Title Insurance Company National Commercial 930.75 j Services$850.00 Sales Tax:$80.75 Excise Tax to First American Title Insurance Company National Commercial Services 10.00 i Disbursements Paid: Release of Deposit to Seller to Ci y of Renton 5,000.00 2012 taxes to King County Treasurer 12.08 I Cash(X To)( From)Seller 158,590.36 Totals 165,008.57 1 165,008.57 Notice - This Estimated Settlement Statement is subject to changes, corrections or additions at the time of final computation of Escrow Settlement Statement. SELLERM: City of R to By: Denis Law Mayor Page 1 of 1 r SELLER'S CFICATION OF NON-FOREIGN QTUS UNDER FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") (26 U.S.C. 1445) File No: NCS-500241-WAl April 12, 2012 THIS SECTION FOR INDIVIDUAL TRANSFEROR: Section 1445 of the Internal Revenue Code provides that a transferee(buyer) of a U.S. real property interest must withhold tax if the transferor(seller) is a foreign person. To inform the transferee(buyer)that withholding of tax is not required upon my disposition of a U.S. real property interest, I, , hereby certify the following: 1. I am not a nonresident alien for purposes of U.S. income taxation; 2. My U.S. taxpayer identification number(Social Security Number) is 3. My home address is I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made here could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete. Date Signature Typed or Printed Name THIS SECTION FOR ENTITY TRANSFEROR: Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by City of Renton - [name of transferor] ('Transferor"), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor is not a disregarded entity as defined in Section 1.1445-2(b)(2)(iii); 3. Transferor's U.S. employer identification number is 91-6001271 ; 4. Transferor's office address is 1055 S Grady Way, enton, WA 98057 ; Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and f her declare t t I have authority to sign this document on behalf of Transferor. April l), 2012 Date Signature Denis Law, Mayor Typed or Printed Name ash hHFR,� -,-c ti \ ve First American Title Insurance Company National Commercial Services 818 Stewart Street Suite 800 Seattle, Washington 98101 DISCLOSURES TO THE PARTIES UNDER APR-12 Escrow No: NCS-500241-WA1 Date: 04/12/2012 IN ACCORDANCE WITH THE REQUIREMENTS OF A.P.R. 12 OF THE SUPREME COURT OF THE STATE OF WASHINGTON, FIRST AMERICAN TITLE INSURANCE COMPANY AND THE CLOSING OFFICER SPECIFIED BELOW HAVE THE DUTY TO INFORM YOU OF THE FOLLOWING: 1) The Closing Officer is not acting as the advocate or representative of either party; 2) The Closing Officer will prepare documents which affect the legal rights of both parties; 3) The parties may have differing interests in the documents; 4) The parties have the right to be represented by lawyers of their own selection and each party may have a separate lawyer; 5) The Closing Officer cannot give legal advice to the parties concerning the manner in which the documents affect those parties. The Closing Officer is only permitted to select and complete documents which have been approved by the Limited Practice Board in accordance with a written Agreement between the parties and/or Lender's Instructions which contains all of the basic terms of the transaction. The Closing Officer is not permitted to negotiate terms which are not included in the written Agreement and/or Lender's Instructions. The Closing Officer is not permitted to practice law. In this transaction your Closing Officer is: Victoria L. Coats, his/her Limited Practice License No. is: 10034. FIRST AMERICAN TITLE INSURANCE COMPANY BY: Victoria L. Coats Page 1 of 4 Victoria L.Coats/Vic/04/12/2012/NCS-500241-WAl/206 Please acknowledge receipt of the foregoing Notice of Compliance with A.P.R. 12 and that you have read the same by signing your name(s)to the copy of this Notice on the signature.line(s) below. (If such Notice has been hand-delivered or mailed to you, please return the copy of the Notice showing your signature(s) in the enclosed, stamped, self addressed envelope.) We will be unable to continue with the closing until we have received the signed Notice from you. I have received and read a copy of the Disclosure, and understand its contents this r/ day of April 2012 Buyer: Seller: Fieldbrook Commons, LLC, a Washington City of Renton limited liability company By: Denis Law By: Mayor Managing Member Page 2 of 4 Victoria L.Coats/vlc/04/12/2012/NCS-500241-WAl/206 ATTACHMENT TO DISCLOSURES TO THE PARTIES UNDER APR 12 Date: April 12, 2012 File No.: NCS-500241-WA1 (VIC) THE FOLLOWING DOCUMENTS INITIALED HAVE BEEN SELECTED AND PREPARED BY THE LIMITED PRACTICE OFFICER. x EXCISE TAX AFFIDAVIT SUPPLEMENTAL EXCISE TAX AFFIDAVIT x LPB 10 STATUTORY WARRANTY DEED LPB 11 STATUTORY WARRANTY DEED (FULFILLMENT OF REC) LPB 12 QUIT CLAIM DEED LPB 13 SELLER'S ASSIGNMENT OF CONTRACT AND DEED LPB 14 PURCHASER'S ASSIGNMENT OF CONTRACT AND DEED LPB 15 BARGAIN AND SALE DEED LPB 16-09 SPECIAL WARRANTY DEED LPB 20 DEED OF TRUST(SHORT FORM) LPB 21 ASSIGNMENT OF DEED OF TRUST LPB 22 DEED OF TRUST(LONG FORM) LPB 22A DEED OF TRUST LPB 23 REQUEST FOR FULL RECONVEYANCE LPB 24 REQUEST FOR PARTIAL RECONVEYANCE LPB 28A PROMISSORY NOTE LPB 29 REQUEST FOR NOTICE LPB 30 BILL OF SALE LPB 35 SUBORDINATION AGREEMENT LPB 44 REAL ESTATE CONTRACT(SHORT FORM) LPB 45 REAL ESTATE CONTRACT(LONG FORM) LPB 50 MORTGAGE (STATUTORY FORM) LPB 51 SATISFACTION OF MORTGAGE LPB 52 PARTIAL RELEASE OF MORTGAGE LPB 60 RELEASE OF LIEN LPB 61 PARTIAL RELEASE OF LIEN LPB 62 SATISFACTION OF JUDGMENT INITIALS: Page 3 of 4 Victoria L.Coats/vic/04/12/2012/NCS-500241-WAl/206 ATTACHMENT TO DISCLOSURES TO THE PARTIES UNDER APR 12 continued Date: April 12, 2012 File No.: NCS-500241-WAl (VIC LPB 63 PARTIAL RELEASE OF JUDGMENT LPB 64 WAIVER OF LIEN LPB 65 PARTIAL WAIVER OF LIEN LPB 70 SPECIAL POWER OF ATTORNEY (SALE) LPB 71 SPECIAL POWER OF ATTORNEY(PURCHASE/ENCUMBER) LPB 72S CONSUMER USE TAX RETURN (DEPARTMENT OF REVENUE) AUDITOR'S COVER SHEET UCC UCC UCC DEPARTMENT OF LICENSING FORMS LENDER LOAN DOCUMENTS THAT ARE APPROVED AND DESIGNED FOR USE BY THE SECONDARY MORTGAGE MARKET INCLUDING NOTES, DEEDS OF TRUST AND RIDERS, ASSIGNMENT OF MORTGAGE, ASSIGNMENT OF REVERSE ACCOUNT FUNDS, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DOCUMENTS. THE LIMITED PRACTICE OFFICER DID NOT PREPARE TRUTH-IN- LENDING DISCLOSURE. FMHA LOAN DOCUMENTS INITIALS: Page 4 of 4 Victoria L.Coats/vlc/04/12/2012/NCS-500241-WAl/206 X N1 F First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 Fax (206)448-6348 Escrow File No.: NCS-500241- WA1 Title Order No: NCS-500241- WA1 Purchaser(s): Fieldbrook Commons, LLC Seller: City of Renton ESCROW INSTRUCTIONS For Purchase and Sale Transaction The undersigned buyer and seller (referred to herein as "the parties") hereby designate and appoint FIRSTAMERICAN TITLE INSURANCE COMPANY (referred to herein as "the closing agent") to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED,AND THE CLOSING AGENT IS INSTRUCTED,AS FOLLOWS: Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties' agreement"), which is made a part of these instructions by this reference. Any changes to the parties' agreement will be made a part of these instructions, without further reference, when signed by the parties and delivered to the closing agent. These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control. Description of Real Property. The real property which is the subject of the transaction (referred to herein as "the property") is identified in the parties' agreement. The documents required to close the transaction must contain the "legal description" of the property. If the parties' agreement does not yet contain the correct legal description, the parties or the real estate agent shall obtain an addendum setting forth the legal,description as soon as possible and deliver it to the closing agent. Closing Date. The date on which the documents required to close the transaction are filed for record (referred to herein as "the closing date") shall be on or before the date for closing of the transaction specified in the parties' agreement or in an addendum extending that date. Page 1 of 5 Victoria L.Coats/vlc/04/12/2012/NCS-500241-WAl/206 Documents. The closing agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close the transaction. The closing agent may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing agent before the closing date. Execution of any document will be considered approval of its form and contents by each party signing such document. Deposits and Disbursements of Funds. Before the closing date, each party shall deposit with the closing agent all funds required to be paid by such party to close the transaction, less any earnest money previously deposited. The closing agent is authorized, but not required, to consider a lending institution's written commitment to deposit funds as the equivalent of a deposit of such funds, if all conditions of the commitment will be met on or before the closing date. All funds received by the closing agent shall be deposited in a trust account with any bank doing business in the State of Washington and may be transferred to any other such accounts. The closing agent shall not be required to disburse any funds deposited by check or draft until it has been advised by its bank that such check or draft has been honored. Settlement Statement. The closing agent is instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursements from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement. Some items may be estimated, and the final amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement. The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any monetary error is found, the amount will be immediately paid by the party liable for such payment to the party entitled to receive it. Prorations. Adjustments or pro-rations of real estate taxes, and other charges if any, shall be made on a per-diem basis using a 365 day year, unless the closing agent is otherwise instructed. Title Insurance. The closing agent is instructed to obtain and forward to the parties a preliminary commitment for title insurance on the property and on any other parcel of real property that will be used to secure payment of any obligation created in the transaction (referred to herein as "the title report"). Verification of Existing Encumbrances. The closing agent is instructed to request a written statement from the holder of each existing encumbrance on the property, verifying its status, terms, balance owing and, if it will not be removed at closing, the requirements that must be met to obtain a waiver of any due-on-sale provision. The closing agent is authorized to rely upon such written statements in the performance of its duties, without liability or responsibility for their accuracy or completeness. Instructions From Third Parties. If any written instructions necessary to close the transaction according to the parties' agreement are given to the closing agent by anyone other than the parties or their attorneys, including but not limited to lenders, such instructions are accepted and agreed to by the parties. Disclosure of Information to Third Parties. The closing agent is authorized to furnish, upon request, copies of any closing documents, agreements or instructions concerning the transaction to the parties' attorneys, and to any real estate agent, lender or title insurance company involved in the transaction. Other papers or documents containing personal or financial information concerning any party may not be released to anyone other than the party's attorney or lender, without prior written approval. Potential Legal Problems. If the closing agent becomes aware of any facts, circumstances or potential problems which in the closing agent's opinion should be reviewed by any of the parties' attorneys, the closing agent is authorized, in its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. - Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for the services set forth in these instructions. If additional services are required to comply with any charge or addition to the parties' agreement or these instructions, or as a result of any party's assignment of interest or delay in Page 2of5 Victoria L.Coats/vic/04/12/2012/NC5-500241-WAI/206 performance, the parties agree to pay a reasonable additional fee for such services. The parties shall also reimburse the closing agent for any out-of-pocket costs and expenses incurred by it under these instructions. The closing agent's fees, costs and expenses shall be due and payable on the closing date or other termination of the closing agent's duties and responsibilities under these instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise provided in the parties' agreement. Cancellation. These instructions may be canceled by a written agreement, signed by all of the parties, and payment of the closing agent's fees, costs and expenses. Upon receipt of such agreement and payment, the closing agent shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions. Inability to Comply With Instructions. If the closing agent receives conflicting instructions or determines, for any reason, that it cannot comply with these instructions by the date for closing specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructions, and in its discretion: (1) continue to perform its duties and close the transaction as soon as possible after receiving further instructions, or (2) if no conflicting instructions have been received, return any money or documents then held by it to the parties that deposited the same, less any fees and expenses chargeable to such party, or (3) commence a court action, deposit the money and documents held by it into the registry of the court, and ask the court to determine the rights of the parties. When the money and documents have been returned to the parties or deposited into the registry of the court, the closing agent shall have no further duties or responsibilities under these instructions. Disputes. Should any dispute arise between the parties, or any of them, and/or any other party, concerning the property or funds involved in the transaction, the closing agent may, in its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to determine the rights of the parties. Upon depositing said funds and documents with the court, the closing agent shall have no further duties or responsibilities under these instructions. The parties jointly and severally agree to pay the closing agent's costs, expenses and reasonable attorney's fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person. Notices. Any notice, declaration or request made under these instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other parties at their addresses set forth in these instructions. Amendments. Any amendment, addition or supplement to these instructions must be in writing, signed by the appropriate parties and delivered to the closing agent. Counterparts. These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy. Effect. These instructions shall bind and benefit the parties, the closing agent, and their successors in interest. Definitions. when used herein or in any amendment, addition or supplement hereto, words and phrases are defined and are to be construed as follows: The words "buyer" and "seller" refer to all persons and entities identified as such by their signatures on this document,jointly and severally unless otherwise indicated, and shall be construed interchangeably with other similar terms such as "purchaser", "vendee", "vendor", "grantee" or "grantor" as may be appropriate in the context and circumstances to which such words apply. The word "lender" refers to any lending institution or other party, including the seller if appropriate, that has agreed to provide all or part of the financing for the transaction or to which the buyer has made a loan application. The phrase "these instructions" refers to the agreements, instructions and provisions set forth in this document and all amendments, additions and supplements to this document. Page 3 of 5 Victoria L.Coats/vic/04/12/2012/NCS-500241-WAl/206 The phrase "the property" refers to the real property identified in the parties agreement, including any other parcel of real property that will be used to secure payment of any obligation created in the transaction, and does not include any items of personal property unless otherwise specifically stated in these instructions. The phrase "outside of escrow" refers to any duty, obligation or other matter which is the sole responsibility of the parties or of any party, and for which the closing agent shall have no responsibility or liability. In these instructions, singular and plural, masculine and feminine words, shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply. MATTERS TO BE COMPLETED BY THE BUYER AND SELLER IMPORTANT-READ CAREFULLY The following items must be completed by the parties,outside of escrow, and are not part of the closing agents'duties under these instructions. Disclosures, Inspection and Approval of the Property. Any required disclosures concerning the property, or inspections or approvals of the property or of improvements, additions or repairs to the property will be arranged and completed by the parties, outside of escrow. The closing agent shall have no liability with respect to the accuracy of any disclosures made, or for the physical condition of the property, or any buildings, improvements, plumbing, heating, cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise determine or disclose its physical condition, or to determine whether any required disclosures have been made, or whether any required improvements, additions or repairs have.been satisfactorily completed. Personal Property. Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property, sales or use taxes, will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility with respect to such personal property and shall not be required to determine the status or condition of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro-rate, collect, prepare returns for or pay any personal property tax, . sales tax or use tax arising from the transaction. Utilities. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilities or public services will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility to determine, collect, pay, pro-rate or adjust charges for installation or service for any utilities or public services, except to pro-rate existing recurrent assessments for public improvements, if any, which appear on the title report. Fire & Casualty Insurance. If a new policy of fire, hazard or casualty insurance on the property is necessary to close the transaction, the buyer will arrange for the policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the closing agent before the closing date. Unless otherwise instructed, the closing agent shall have no responsibility to contract for or obtain any policy of fire, hazard or casualty insurance on the property, or any assignment of such policy. Possession of the Property. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the closing agent. Collection Account. If any financing for the transaction will be provided by a private party, the parties are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the closing agent. Page 4 of 5 Victoria L.Coats/Ac/04/12/2012/NCS-500241-WAl/206 Payment of Omitted Taxes. If any additional real property taxes are assessed for recent improvements made to the property and not added to the tax rolls before the closing date, the parties shall pay their respective shares of such omitted taxes, pro-rated as of the closing date, within 30 days after receipt of notification that such taxes have been assessed. The closing agent shall not be responsible or liable for any assessment, collection or payment of omitted taxes. Individual Taxes. The parties are advised to consult with their attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The closing agent shall have no responsibility for the parties' individual tax consequences arising from the transaction. Foreign Investment in Real Property Tax Act. If any seller is, or may be, a non-resident alien or a foreign corporation, partnership, trust or estate for the purposes of United States in income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (section 1445 et seq. of the Internal Revenue Code). The closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such act. Approvals and Permits. The parties are advised to consult with their attorneys to determine whether any building, zoning, subdivision, septic system, or other construction or land use permits or approvals will be required, either before or after the closing date. The closing agent shall have no responsibility with respect to any such permit or approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any governmental authority to grant, any such permit or approval. Compliance With Certain Laws. The parties are advised to consult with their attorneys to determine their rights and responsibilities, if any, with respect to disclosures concerning the condition of the property, or under the Consumer Protection Act, Truth-in-Lending Act, Interstate Land Sales Act or other similar laws. The closing agent shall have no responsibility for disclosures concerning the condition of the property, or for the parties compliance, nor any liability arising from the failure of any party to comply, with any such requirement or law. Additional Instructions. Fieldbrook Commons, LLC, a Washington City of Renton limited liability company By. Denis Law By: , Mayor Managing Member Page 5 of 5 Victoria L.Coats/vic/04/12/2012/NCS-500241-WAI/206 Supplement to ESCROW INSTRUCTIONS For Purchase and Sale Transaction Including Instructions to Record Documents and Disburse Funds Escrow File No.: NCS-500241- WA1 Title Order No: NCS-500241- WA1 Purchaser(s): Fieldbrook Commons, LLC Seller: City of Renton This is a part of the Escrow Instructions signed by the parties under the FirstAmerican Title Insurance Company, (hereinafter Escrow Agent) escrow file number set forth above. Except as expressly modified, changed or amended by this supplement, all terms and conditions of the Escrow Instructions, and any previous supplements, additions or amendments thereto, shall remain in effect. THE SELLER HAS APPROVED, SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE ESCROW AGENT UNDER THESE INSTRUCTIONS: [x] Statutory Warranty Deed [x] Foreign Investment in Real Property Tax Act(FIRPTA) [ ] Purchaser's Assignment of Contract and Deed [ ] Bill of Sale (for personal property) [x] Real Estate Excise Tax Affidavit [ ] Assignment and Assumption of Leases, Rents and Security Deposits [x] Owner's Affidavit of Title I I THE BUYER HAS APPROVED, SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE ESCROW AGENT UNDER THESE INSTRUCTIONS: [ ] Copy of Statutory Warranty Deed [x] Real Estate Excise Tax Affidavit [ ] Promissory Note [ ] Deed of Trust [ ] Security Agreement(for personal property) [ ] Financing Statement(for personal property) [ ] Assignment and Assumption of Leases, Rents and Security Deposits [ ] Exchange Instructions [ ] Assignment Agreement Page 1 of 3 Victoria L.Coats/vlc/04/12/2012 1 NCS-500241-WAl/206 BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES: Conditions of Parties'Agreement Satisfied. All terms and conditions of the parties' agreement have been met to my satisfaction,or will be met, satisfied or complied with outside of escrow. Title Report Approved. The Preliminary Commitment for Title Insurance, including the legal description of the property and all attachments, supplements and endorsements to that report, issued by First American Title Insurance Company under order number NCS-500241-WAl, are approved by me and made a part of these instructions by this reference. Settlement Statement Approved. The settlement statement prepared by the Escrow Agent is approved by me, made a part of these instructions by this reference, and I agree to pay my costs, expenses and other obligations itemized on that statement. I understand that any estimated amounts will be adjusted to reflect the exact amounts required when the funds are disbursed,that the settlement statement continues to be subject to audit at any time, and if any monetary error is found, the amount will be paid by the party liable for such payment to the party entitled to receive it. Limitation of Escrow Agent's Duties. Under these instructions, the Escrow Agent may select and prepare documents used to transfer title to certain items of real and/or personal property, and will perform other services ordinarily required to close that portion of the transaction. Since the transaction involves business or commercial property, there will be other legal requirements which must be met by the parties. The Escrow Agent is not permitted to determine what those requirements may be, nor to advise the parties concerning them. Recommendation to Consult Legal Counsel. The parties are strongly advised to consult with their attorneys to determine their rights and responsibilities with respect to the business and legal requirements arising from this transaction. BY SIGNING THIS DOCUMENT,THE BUYER FURTHER ACKNOWLEDGES: Property Approved. I have had adequate opportunity to inspect the property and to determine the exact location of its boundaries. The location and physical condition of the property and any buildings, improvements, plumbing, heating, cooling, electrical or septic systems on the property are approved. I understand that all inspections and approvals of the location and physical condition of the property are my sole responsibility,and are not part of the Escrow Agent's duties and responsibilities. I hereby release and agree to hold the Escrow Agent harmless from any and all claims of liability for loss or damage arising or resulting from any physical condition or defect on the property, or from the location of its boundaries. Assumed Encumbrances Approved. I have had adequate opportunity to review the terms of payment, interest rates and conditions of any existing notes, deeds of trust, mortgages, contracts, assessments or other debts or obligations that I will assume and agree to pay in this transaction, and hereby approve the same. THE ESCROW AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS: Instruction to Close. The Escrow Agent is instructed to perform its customary closing duties under these instructions, to deliver and record documents according to these instructions, and to disburse the funds according to the settlement statement, adjusting estimated amounts, when the Escrow Agent has the documents required to close the transaction in its possession and has, or will obtain when the documents have been delivered'and recorded: 1. Sale proceeds for the seller's account in the sum of 165,000.00, to be disbursed subject to and in accordance with the settlement statement . Page 2 of 3 Victoria L.Coats/vlc/04/12/2012/NCS-500241-WAl/206 2. A policy of title insurance issued pursuant to the Preliminary Commitment for Title Insurance referred to above, insuring the buyer with () owner's or(x) purchaser's() standard or(x) extended coverage with liability of$165,000.00, having the usual clauses, provisions and stipulations customarily contained in the printed provisions and schedules of such policy forms, insuring the buyer's title to the property against all defects or encumbrances except those set forth in the printed exceptions and exclusions customarily contained in the printed provisions and schedules of such policy forms, matters attaching by, through or under the buyer, taxes not yet due, and the matters set forth in the following numbered paragraphs of Schedule B of the Preliminary Commitment for Title Insurance: 2012 taxes (any supplemental taxes due after conveyance), 3, 4, 6, and any matters that would be disclosed by a recent survey of the property 3. Such other policies of title insurance as may be required by any lenders that are providing financing for the transaction. Completion or Correction of Documents. The Escrow Agent is instructed to correct any errors found in any document deposited under these instructions, and to insert as necessary the closing date, the date on which interest begins to accrue, and the dates on which payments must be made, if such items are incomplete. Adjustments and Pro-rations. The closing agent is instructed to adjust and pro-rate as of(x), the closing date or() , real estate taxes for the current year, recurrent assessments if any . Reconciliation of the actual amount of any revenues or liabilities between Buyer and Seller for post-closing adjustments, collections and payments, pursuant to paragraph of the Agreement, will be handled between the parties outside of escrow and Escrow Agent will not be responsible nor liable for determination of any adjustments, collections, or payments. Proceeds Check: () Seller will pick up proceeds check. () Mail proceeds check to seller at: QjX Wire transfer- instructions attached Additional Instructions: Additional instruction shall be in writing and deposited with Escrow Agent prior to disbursement of funds and recording of and documents deposited herewith. BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES: The Escrow Agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I seek independent legal counsel if I have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions and all other documents referred to in these instructions. Fieldbrook Commons, LLC, a Washington City of Renton limited liability company By: Denis Law , By. Mayor Managing Member Page 3 of 3 Victoria L.Coats/vlc/04/12/2012/NCS-500241-WAl/206 CITY OF RENTON 1055 S Grady Way Renton, WA 98057 Wire Instructions Account# 1 535 0069 8326 ABA# 125000105 Please reference: 316.220006.020.395.10.00.000 PROCEEDS FROM SALE OF FIRE STATION 13 1 First American Title Insurance Company Commercial Owner's Affidavit STATE OF WASHINGTON } } COUNTY OF KING } The undersigned affiant first being duly sworn, deposes and says: THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,WASHINGTON. EXCEPT THE WEST 30 FEET FOR HIGHWAY. 1. That there have been no construction, repairs, alterations, improvements made, ordered or contracted to be made on or to the Property, nor materials ordered within the last 6 months (or 90 days after completion of work) which have not been paid for, nor are there any fixtures attached to the Property which have not been paid for in full; and there are no outstanding or disputed claims for any such work or item, except: N/A That the work of improvement, if any: [ ] Started on [ ] Was completed on [ ] Will be completed on 2. That there has been no work done, nor notice received that work is to be done by the municipality(city, borough, or township), or at its direction, including but not limited to the installation of water or sewer lines,or for improvements such as paving or repaving of streets or alleys, or the installation of curbs or sidewalks. 3. That there are no unrecorded leases or agreements affecting the Property, and there is no one in possession of or that has access to the Property, other than: (enter N/A if such is true) [ ] the undersigned [ ] tenants based on month-to month rental agreements [ ] lessees based on existing leases, copies of which are attached hereto [ ] afflant(s) please remember to attach copies of leases. [� N/A 4. That there are no rights of first refusal or options to purchase all or any part of the Property except: N/A (enter"none" or N/A if such is true) Page 1 of 2 Victoria L.Coats/v c/04/12/2012/NCS-500241-WAS/206 1 Date: April 12, 2012 Owner's Affidavit-continued File No.: NCS-500241- (/ WA1 (vic) 5. That there are no unpaid real estate taxes or assessments except as shown on the current tax roll. That the undersigned has not received any supplemental tax bill which is unpaid. 6. That no actions in bankruptcy have been filed by or against the corporation in any federal court or any other court of competent jurisdiction. 7. That there are no matters pending against the Affiant that could give rise to a lien that would attach to the property between the most recent effective date of the title commitment and the recording of the interest to be insured, and that the Affiant has not and will not execute any instrument that would adversely affect the title or interest to be insured. 8. That this affidavit is given for the purpose of inducing First American Title Insurance Company and/or its agent to issue its policies of title insurance which may provide coverage as to the matters listed above. The undersigned acknowledge that they have read the foregoing and fully understand the legal aspects of any misrepresentation and/or untrue statements made herein and indemnify and hold harmless FIRST AMERICAN TITLE INSURANCE COMPANY against liability occasioned by reason of reliance upon the statements made herein. City of Renton By: Denis Law , Mayor Page 2 of 2 Victoria L.Coats/Ac/04/12/2012/NCS-500241-WAl/206 AFTER RECORDING MAIL TO: Fieldbrook Commons, LLC 9675 SE 36th Street, # 105 Mercer Island, WA 98040 Filed for Record at Request of: SMm above this fine for Recorders use only First American Title Insurance Company National Commercial Services STATUTORY WARRANTY DEED File No: NCS-500241-WAl (vlc) Date: April 12, 2012 Grantor(s): City of Renton Grantee(s): Fieldbrook Commons, LLC Abbreviated Legal: Ptn NWIA of SETA Sec 29,T23N, R5E Additional Legal on page: Assessor's Tax Parcel No(s): 292305-9168-02 THE GRANTOR(S) City of Renton for and in consideration of Ten Dollars and other Good and Valuable Consideration, in hand paid, conveys, and warrants to Fieldbrook Commons, LLC, a Washington limited liability company, the following described real estate, situated in the County of King, State of Washington. LEGAL DESCRIPTION: Real property in the County of King, State of Washington, described as follows: THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON. EXCEPT THE WEST 30 FEET FOR HIGHWAY. Subject To: This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. Page 1 of 2 LPB 10-05 APN: 292305-9168-02 Statutory Warranty Deed File No.:NCS-500241-WAI(vic) -continued City of Renton By: Denis Law , Mayor STATE OF Washington ) )-ss COUNTY OF King ) I certify that I know or have satisfactory evidence that Denis Law is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oath stated that he/she/they is/are authorized to execute the instrument and acknowledged it as the Mayor of City of Renton to be the free and voluntary act of such party(ies)for the uses and purposes mentioned in this instrument. Dated: 4//�, Notary Public i and for the State of Washington Residing at: .nJ� My appointment expires: U Y , v L1� Page 2 of 2 LPB 10-05 e Depart ment of Revenue Washington Statte e ` REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt , PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) E] Check box if partial sale of property If multiple owners,list percentage of ownership next to name. Name: City of Renton Name: Fieldbrook Commons,LLC,a Washington limited liability company 7'91150�z, Mailing Address 1055 South Grady Way w Mailin Address 9725 Southeast 36th Street,Suite 214 City/State/Zip Renton,WA 98057 City/State/Zip Mercer Island,WA 98040 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to: Ed Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers-check box if personal property Name 292305-9168-04 n Mailing Address n City/State Zip n Phone No.(including area code) 2132 n © Street address ofproperty: 17040 108th Avenue Southeast,Renton,WA 98055 This property is located in Renton Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON. EXCEPT THE WEST 30 FEET FOR HIGHWAY. Select Land Use Code(s): List all personal property(tangible and intangible)included in selling 91 Price. enter any additional codes: NONE (See back of last page of instructions) YES NO Is this property exempt from property tax per chapter ❑ 84.36 RCW(non profit organization)? YES NO If claiming an exemption,list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑X Is this property classified as current use(open space,farm and ❑X WAC No.(Section/Subsection) 458-61A-205(2) agricultural,or timber)land per Chapter 84.34? Is this property receiving special valuation as historical property F] N Reason for exemption Government entity selling real property per Chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S): To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or timber)land,you Date of Document April , 2012 must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the land no Gross Selling Price $ 165,000.00 longer qualifies or you do not wish to continue the designation or classification,it *Personal Property(deduct) $ will be removed and the compensating or additional taxes will be due and payable Exemption Claimed(deduct) $ 165,000.00 by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing(3)below,you may contact your local county assessor Taxable Selling Price $ 0.00 for more information. Excise Tax: State $ This land ❑ does 0 does not qualify for continuance. Local $ *Delinquent Interest: State $ DEPUTY ASSESSOR DATE Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property,sign(3) Subtotal $ below. If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor *State Technology Fee $ 5.00 at the time of sale. *Affidavit Processing Fee $ 5.00 (3)OWNER(S)SIGNATURE Total Due $ 10,00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I=TALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agent Name(print) DeniS LBW, Mayor Name(print) Date&city of signing: April 4 2012 Renton Date&city of signing: April_2012 Mercer Island Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1 C)). REV 84 0001ae(9/2/11) THIS SPACE-TREASURER'S USE ONLY COUNTY TREASURER Department of Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale of property If multiple owners,list percentage of ownership next to name. Name: City of Renton Name: Fieldbrook Commons,LLC,a Washington limited liability company a 0 Mailing Address 1055 South Grady Way Mailing Address 9725 Southeast 36th Street,Suite 214 City/State/Zip Renton,WA 98057 m City/State/Zip Mercer Island,WA 98040 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to: �X Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers-check box if personal property Name 292305-9168-04 n Mailing Address City/State Zip Phone No.(including area code) 2132 n © Street address of property: 17040 108th Avenue Southeast,Renton,WA 98055 This property is located in Renton Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON. EXCEPT THE WEST 30 FEET FOR HIGHWAY. Select Land Use Code(s): List all personal property(tangible and intangible)included in selling 91 price. enter any additional codes: NONE (See back of last page of instructions) YES NO Is this property exempt from property tax per chapter ❑ 84.36 RCW(non profit organization)? YES NO If claiming an exemption,list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? F-1 ❑X Is this property classified as current use{open space,farm and ❑X WAC No.(Section/Subsection) 458-61A-205(2) agricultural,or timber)land per Chapter 84.34? Is this property receiving special valuation as historical property OX Reason for exemption Government entity selling real property per Chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S): To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or timber)land,you Date of Document April ,2012 must sign on (3)below. The county assessor must then determine if the land 000.00 transferred continues to qualify and will indicate by signing below. If the land no Gross Selling Price $ 165, longer qualifies or you do not wish to continue the designation or classification,it *Personal Property(deduct) $ will be removed and the compensating or additional taxes will be due and payable Exemption Claimed(deduct) $ 165,000.00 by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing(3)below,you may contact your local county assessor Taxable Selling Price $ 0.00 for more information. Excise Tax: State $ This land ❑ does 1-1 does not qualify for continuance. Local $ *Delinquent Interest: State $ DEPUTY ASSESSOR DATE Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property,sign(3) Subtotal $ below. If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor *State Technology Fee $ 5,00 at the time of sale. *Affidavit Processing Fee $ 5.00 (3)OWNER(S)SIGNATURE Total Due $ 10.00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERT UNDER PEN TY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agent Name(print) Denis Law, Mayor Name(print) Date&city of signing: April F /�2012 Renton Date&city of signing: April ,2012 Mercer Island Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1 Q. REV 84 0001ae(9/2/11) THIS SPACE-TREASURER'S USE ONLY COUNTY ASSESSOR Department of Revenue`te Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is our receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale of property If multiple owners,list percentage of ownership next to name. Name: City of Renton Name: Fieldbrook Commons,LLC,a Washington limited liability company a H Mailing Address 1055 South Grady Way Mailing Address 9725 Southeast 36th Street,Suite 214 a r� w City/State/Zip Renton,WA 98057 pq� City/State/Zip Mercer Island,WA 98040 7 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to: ❑X Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers-check box if personal property Name 292305-9168-04 n Mailing Address City/State Zip Phone No.(including area code) 2132 F1 Street address ofproperty: 17040 108th Avenue Southeast,Renton,WA 98055 This property is located in Renton Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON. EXCEPT THE WEST 30 FEET FOR HIGHWAY. Select Land Use Code(s): List all personal property(tangible and intangible)included in selling 91 price. enter any additional codes: NONE (See back of last page of instructions) YES NO Is this property exempt from property tax per chapter F-1 ❑X 84.36 RCW(non profit organization)? YES NO If claiming an exemption,list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? F] ❑X Is this property classified as current use(open space,farm and © WAC No.(Section/Subsection) 458-61A-205(2) agricultural,or timber)land per Chapter 84.34? Is this property receiving special valuation as historical property ❑ ❑X Reason for exemption Government entity selling real property per Chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S): To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or timber)land,you Date of Document April ,2012 must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the land no Gross Selling Price $ 165,000.00 longer qualifies or you do not wish to continue the designation or classification,it *Personal Property(deduct) $ will be removed and the compensating or additional taxes will be due and payable Exemption Claimed(deduct) $ 165,000.00 by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing(3)below,you may contact your local county assessor Taxable Selling Price $ 0.00 for more information. Excise Tax: State $ This land El does ❑ does not qualify for continuance. Local $ *Delinquent Interest: State $ DEPUTY ASSESSOR DATE Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property,sign(3) Subtotal $ below. If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor *State Technology Fee $ 5.00 at the time of sale. *Affidavit Processing Fee $ 5.00 (3)OWNER(S)SIGNATURE Total Due $ 10.00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS ICE IFY UNDER PE LTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agent Name(print) Denis Law, Mayor Name(print) Date&city of signing: April`�2012 Renton Date&city of signing: April_2012 Mercer Island Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1 Q. REV 84 0001ae(9/2/11) THIS SPACE-TREASURER'S USE ONLY DEPT OF REVENUE Department of Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale of property If multiple owners,list percentage of ownership next to name. Name: City of Renton Name: Fieldbrook Commons,LLC,a Washington limited liability company 70"0 Mailing Address 1055 South Grady Way Mailin Address 9725 Southeast 36th Street,Suite 214 City/State/Zip Renton,WA 98057 Fq City/State/Zip Mercer Island,WA 98040 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to: ❑X Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers-check box if personal property Name 292305-9168-04 n Mailing Address n City/State Zip n Phone No.(including area code) 2132 n Street address ofproperty: 17040 108th Avenue Southeast,Renton,WA 98055 This property is located in Renton ❑ Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) THE-NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON. EXCEPT THE WEST 30 FEET FOR HIGHWAY. Select Land Use Code(s): List all personal property(tangible and intangible)included in selling 91 price. enter any additional codes: NONE (See back of last page of instructions) YES NO Is this property exempt from property tax per chapter El [_X1 84.36 RCW(non profit organization)? YES NO If claiming an exemption,list WAC number and reason for exemption: IS this property designated as forest land per chapter 84.33 RCW? ❑ N Is this property classified as current use(open space,farm and ❑ ❑X WAC No.(Section/Subsection) 458-61A-205(2) agricultural,or timber)land per Chapter 84.34? Is this property receiving special valuation as historical property 11 ❑ Reason for exemption Government entity selling real property per Chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S): To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or timber)land,you Date of Document April , 2012 must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the land no Gross Selling Price $ 165,000.00 longer qualifies or you do not wish to continue the designation or classification,it *Personal Property(deduct) $ will be removed and the compensating or additional taxes will be due and payable Exemption Claimed(deduct) $ 165,000.00 by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing(3)below,you may contact your local county assessor Taxable Selling Price $ 0.00 for more information. Excise Tax: State $ This land ❑ does ❑ does not qualify for continuance. Local $ *Delinquent Interest: State $ DEPUTY ASSESSOR DATE Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property,sign(3) Subtotal $ below. If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor *State Technology Fee $ 5,00 at the time of sale. *Affidavit Processing Fee $ 5.00 (3)OWNER(S)SIGNATURE Total Due $ 10,00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIF NDER PENALT OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agent Name(print) Denis Law, Mayor Name(print) Date&city of signing: April 14,2012 Renton Date&city of signing: April.2012 Mercer Island Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)). 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O N O "C o� o a° E� �� C. w _ °= CA o �? a� �' 5' ° a •� —� �F IIc�o ° v p P= o° mo 3 �.q nao w m w o a o ° °vim coo �a�o o 5 0 ¢ Cl ' �n.�n.`D Z Aft +' AC-070 REAL ESTATE PURCHASE AND SALE AGREEMENT (Raw Land-Washington) This Real Estate Purchase and Sale Agreement("Agreement") is made and entered this 25th day of October, 2011, by and between The City of Renton, a Municipal Corporation ("Seller") and PNW Holdings LLC,a Washington Limited Liability Company,and/or assigns('Buyer"). In consideration of the promises and mutual covenants set forth herein, Buyer and Seller agree as follows: DESCRIPTION OF PROPERTY TO BE CONVEYED - Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and conditions hereinafter set forth, that certain real Property described as follows: THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE S EAST, W.M., IN KING COUNTY, WASHINGTON, together with all improvements and fixtures thereon and all related rights and appurtenances thereto,as well as all Intangible Property associated therewith. Seller warrants that this is the correct legal description of the Property to be conveyed pursuant to this Agreement. If the above legal description is not a complete legal description of the Property to be conveyed, Seller shall provide Buyer with a complete legal description. Seller and Buyer hereby authorize Escrow to insert over their signatures the correct legal description of the real Property. 1. PURCHASE PRICE - The purchase price shall be One Hundred Sixty Five Thousand Dollars ($165,000). The purchase price shall be paid in cash at the time of closing, less any earnest money previously paid by Buyer. 2. EARNEST MONEY RECEIPT-Upon the date Buyer acknowledges receipt of a fully executed copy of this Agreement ("Mutual Acceptance"), Buyer shall deliver and deposit with First American Title Insurance Company ("Escrow") an Earnest Money Promissory Note. The Earnest Money Note shall be payable in the sum of Five Thousand Dollars($5,000). All earnest money shall be applicable to the purchase price at closing. Within five (5) business days after Buyer notifies Seller that it has removed the Feasibility Contingency stated below, Buyer shall convert the Earnest Money Note to cash and release its proceeds to Escrow with instructions to release the money to Seller. Earnest Money shall be considered non-refundable once released to Seller,except in the case of Seller default. 3. FEASIBILITY CONTINGENCY-This Agreement is expressly subject to Buyer completing,at its sole expense, a feasibility study for the development of the Property. This feasibility study shall be completed within Thirty (30)business days from the later of Mutual Acceptance or the date Seller has provided Buyer with all of the Property Documents described below (the "Feasibility Period"). If Buyer shall deem, in its sole and absolute discretion, that its intended use of the Property appears to be economically viable and architecturally feasible, then PNW Holdings LLC/City of Renton/FS13 Property page 1 notification shall be provided to Seller in writing, on or before the last day of the Feasibility Period, stating that the contingency has been removed. If Buyer elects not to proceed with the transaction, no notice shall be given to Seller, this transaction shall be null and void unless otherwise agreed upon by the parties to this Agreement, and all Earnest Money deposited under Us transaction together with any accrued interest shall be returned to Buyer. 4. SELLER'S COOPERATION - Seller agrees that Buyer and/or its nominee may seek to obtain PUD approval, binding site plan approval, subdivide, rezone and/or develop any or all portions of the Property described in this.Agreement. Seller agrees to join with Buyer in the signing of all application documents, easements, acquisition of utilities, requests for zoning, conditions, covenants and restrictions, etc. Seller does not waive its independent right to ensure that any proposal meets its codes and complies with all Federal and State laws, including the State Environmental Protection Act(SEPA). 5. CLOSING - This transaction shall close within One Hundred Twenty (120) days after the date Buyer removes its Feasibility Contingency as noted in Section 3 above. The closing of this transaction shall take place at Escrow. Buyer reserves the right to close this transaction and waive all contingencies at any time if,in Buyer's sole discretion,this action is warranted. 6. CONVEYANCING - Title to the Property shall be conveyed to Buyer at closing by warranty deed free of encumbrances or defects and Seller shall deliver possession of the Property to Buyer flee of all tenancies on the date of closing.In addition, Seller shall provide Buyer with a written assignment of the Intangible Property relating to the Property at Closing. 7. CLOSING ADJUSTMENTS AND COSTS a) Any and all rents, or other income and operating expenses for or pertaining to the Property, shall be pro-rated between Seller and Buyer as of the closing date. Any pro- rations based on estimates shall be subsequently adjusted after closing when actual costs and pro-rations can be calculated, and the obligated party for any overage or adjustment shall promptly pay the amount due to the other party. b) Seller shall pay for the cost of the Standard Title Policy, transfer taxes, one-half of the Escrow fee and all other customary closing costs for Seller. Buyer shall pay the cost of the Extended portion of the Title Policy,recording the deed, one-half of the Escrow fee and all other customary closing costs for Buyer. 8. INTERIM ACTIONS/RIGHT OF ACCESS After the date of Mutual Acceptance, Buyer, its agents and employees shall have the right to enter onto the Property for the purpose of accomplishing Buyer's objectives for the study and development of the Property. Buyer shall restore the Property reasonably consistent with its present condition in the event of termination of this Agreement except in the case of Seller's default. PNW Holdings LLC/City of Renton/FS13 Property page 2 9. SELLER'S REPRESENTATIONS AND WARRANTIES - Seller represents, warrants and covenants the following to Buyer: a) Power and Authority- Seller is the owner of the Property and has the legal power,right and authority to enter into this Agreement and to consummate the transaction provided for herein. This Agreement and all other documents executed and delivered by Seller constitute a legal, valid, binding and enforceable obligation of Seller. Each person signing below on behalf of Seller represents and warrants that it has the legal power, right and authority to enter into this Agreement on behalf of Seller and that its signature to this Agreement binds Seller to the terms of this Agreement. b) Title - Seller has fee simple title to the Property which as of the Closing Date,will be free and clear of all encumbrances, defects, and encroachments. The term Property includes any easements, rights of way, or appurtenances necessary to record the final plat, obtain building permits, and certificates of occupancy. Buyer acknowledges an existing fence line dispute with a neighboring property and agrees to waive any rights it may have under this section regarding warranties against encroachments. c) Hazardous Substances - To the best of Seller's knowledge, there is no hazardous waste or hazardous substances on the Property(including the land, surface water,ground water, and any improvements) as such terms are defined by any law, ordinance, or regulation applicable to the Property. d) Other Claims or Commitments - There are no written or verbal contracts or agreements for the sale, lease, rental or use of the Property or any portion thereof, which contract or agreement may be binding against the Property and may subsequently result in a claim against Buyer. e) Legal Action-There is no action,suit,proceeding or investigation pending,or to Seller's knowledge threatened, before any agency, court or other governmental authority which relates to the Property or Buyer's intended use thereof. f) Foreign Person or Entity - Seller is not a foreign person, non-resident alien, foreign corporation,foreign partnership,foreign trust or foreign estate,as those terms are defined in the Internal Revenue Code and the Income Tax Regulations promulgated thereunder. At closing, Seller shall deliver to Escrow a certificate of non-foreign status in the form required by Income Tax Regulations and reasonably acceptable to Buyer. In the event Seller shall not deliver such certificate to Escrow at closing, Escrow shall withhold the amount required pursuant to Section 1445 of the Internal Revenue Code and submit such withholding to the Internal Revenue Service. g) Lem — The Property conveyed at closing shall be a legal lot in compliance with state statutes and local ordinances. PNW Holdings LLC/City of Renton/FS13 Property page 3 h) No Artifacts or Protected Species - The Property is free of historical or archaeological artifacts and/or protected species. i) Utilities - The Property is presently served by a public water main, public sewer main, gas main, and electric distribution line. The term "served by"means that a main or line capable of adequately serving the entire property abuts or adjoins the Property at some point. IO.SELLER'S OBLIGATIONS PENDING CLOSING - During the term of this Agreement until termination as herein provided, Seller covenants and agrees to perform the following obligations: a) Property Documents- Seller shall provide Buyer with copies of all documents pertaining to the Property which shall include but not be limited to the preliminary plat approval containing conditions required for final plat approval, the recorded plat if recorded, any and all engineering and other consulting studies, soils reports, surveys, environmental reports, development plans and specifications, permit applications, governmental licenses, permits and approvals, warranties from third parties, utility rights and agreements (collectively "Intangible Property"). In addition, Seller shall provide Buyer with all governmental communications, unrecorded covenants, restrictions, easements, and/or other potential encumbrances pertaining to the Property. Any additional documents received by Seller subsequent to the date of Mutual Acceptance, shall be promptly forwarded to Buyer. b) Sell or Encumber Property - Seller shall not sell, assign, or convey any right, title or interest whatsoever in or to the Property to any third party, or create or permit to exist any lien,encumbrance or charge thereon which will not be paid in full at closing. c) Representations and Warranties - Seller shall not take any action, or omit to take any action, that would have the effect of violating any of its representations, warranties, covenants,and agreements contained herein. d) Existing Financing-Seller shall continue to make all payments required under the terms of any existing financing on the Property and shall not suffer a default or permit a default to arise thereunder. e) Memorandum of A egrr ement - Seller shall, upon request by Buyer, execute a memorandum of this Agreement which Buyer may record. I I.TTI'LE INSURANCE-As soon as possible after the date of the Mutual Acceptance, Seller shall cause First American Title Insurance Company (the "Title Company") to issue a commitment for an ALTA Owners Extended Coverage Title Policy (including copies of all exception documents referenced in said commitment) in an amount equal to the Purchase Price, which commitment shall provide for the issuance of a final title policy as of the Closing Date, PNW Holdings LLC/City of Renton/FS13 Property page 4 subject to no liens or encumbrances and include such endorsements, affirmative coverage,and other modifications required by Buyer and Buyer's lender. The Title Company shall issue the Title Policy to Buyer as soon as possible after Closing. 12.CONDITION OF PROPERTY AT CLOSING a) Condition of Prope ��rt -Between the date of Mutual Acceptance and the date of closing, there shall be no material adverse change(s) in the condition of the Property. Prior to Closing, Seller shall remove all junk and debris from the Property. b) Casualty or Condemnation-If prior to closing,there is a loss of the Property by casualty or condemnation, Buyer shall have the option to: 1) accept title to the Property without any adjustment of the purchase price, in which event at the closing all of the condemnation awards shall be assigned by Seller to Buyer and all moneys received by Seller in connection with such loss shall be paid over to Buyer; or 2) terminate this Agreement, in which event all earnest money deposits, whether refundable or not, shall be returned to Buyer,and this Agreement shall then be null and void. c) Moratorium - As of the closing date there shall be no actions imposed, pending, or contemplated by any utility supplier or other authority having jurisdiction over the Property that would result in restricting,reducing,delaying,or denying permits necessary for the development, construction, use or occupancy of the Property as a residential development. 11CONDITIONS PRECEDENT TO CLOSING - If any of Seller's obligations contained herein have not been completed then Buyer shall have the right to extend the closing date until the date which is 15 business days after Seller completed the condition or may terminate this Agreement and have all Earnest Money refunded to Buyer. 14.DEFAULT PROVISIONS a) Buyer's Remedies - In the event of Seller's breach of this Agreement, Buyer shall have the right to enforce this Agreement by specific performance or by any other remedy available in law or equity. Buyer, at its option, may elect to waive the performance of any condition,contingency or provision in Buyer's favor set forth in this Agreement. b) Seller's Remedies - In the event Buyer fails, without legal excuse, to complete the purchase of the Property, any Earnest Money deposit(s) paid to Seller shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure.This limitation shall include any claims for attorneys' fees, interest and actual or consequential damages.It is agreed that the Earnest Money shall represent the reasonable estimate by the parties of the amount of damages that Seller would suffer by reason of Buyer's default under this Agreement. Seller hereby waives any other remedy it may PNW Holdings LLC/City of Renton/FS13 Property page 5 have. In the event Seller fails to receive any payment or notice required herein, Seller shall so notify Buyer and Buyer shall then have ten(10)days to cure performance 15.NOTICES-All notices shall (i)be in writing; (ii)be sent by mail,courier service,or facsimile transmission; and (iii) be effective on the date it is officially recorded as delivered. The addresses to be used in this Agreement are: Buyer's Address: PNW Holdings,LLC Attn:Michael Gladstein-Manager 9725 SE 36"St. Suite 214 Mercer Island,Washington 98040 Phone: (206)588-1147 Seller's Address: City of Renton c/o Peter M.Renner,CFM Facilities Director copy to Larry Warren,City Attorney Renton City Hall 1055 South Grady Way Renton,WA 98057 Phone: (425)430-6605 16.OPEN SPACE/AGRICULTURAL TAXATION PENALTIES - Seller shall pay all applicable "back" or"roll-back"real estate taxes,interest and/or penalties to bring the subject Property out of any open space designation, green belt, farm, forest, other property deferral, current use taxation program or similar restrictive designation. Such back taxes,interest or penalties shall be paid by Seller before closing. If Seller is unable to complete this obligation prior to closing, Buyer shall have the option of delaying closing until the county tax assessor has cleared the matter, or proceeding to close with an escrow hold-back in the amount of one hundred fifty percent(150%)of the estimated back taxes and penalties. I TCOVENANTS CONDITIONS & RESTRICTIONS - If Covenants, Conditions and Restrictions ("CC&R'S) have not already been recorded against the Property as of the date of this Agreement, Seller,agrees not to record any against the Property prior to closing without Buyer's prior written consent. 18.REAL ESTATE COMMISSION-Each party represents and warrants to the other that it has not used the services of any real estate agent, broker or finder with respect to the transaction contemplated hereby. Each party agrees to indemnify and hold harmless the other against and from any inaccuracy in such party's representation under this Paragraph. PNW Holdings LLC/City of Renton/FS13 Property page 6 19.MISCELLANEOUS a) Entire AgLeement No Oral Modifications - This Agreement, and any exhibits hereto, constitute the final and complete Agreement, and supersede all prior correspondence or agreements between the parties relating to the subject matter hereof. This Agreement cannot be changed or modified other than by a written agreement executed by both parties. b) Successors Bound - The provisions of this Agreement shall extend to,bind and inure to the benefit of the parties hereto and their respective heirs,successors,and assigns. c) Governing Law-This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. d) Severability - If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable,the remaining terms and provisions of this Agreement shall not be affected thereby,but each remaining term and provision shall be valid and enforced to the fullest extent permitted by the law. e) Construction - Seller and Buyer acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement(including exhibits)or any amendments thereto,and that the Agreement shall be given a reasonable interpretation in accordance with the plain meaning of its terms and the intent of the parties. f) Survival of Terms-The terms and provisions of this Agreement shall survive the closing and shall not be merged into the deed or extinguished thereby, but shall remain in full force and effect thereafter. g) Time Periods - All time periods set forth in this Agreement shall be measured from the date of Buyer's receipt of a Seller signed original of this Agreement,which date shall be considered to be the "date" of this Agreement and is set forth below. If the date of any performance under the terms of this Agreement falls on a weekend or holiday, the time for performance shall be extended to the next business day. h) Time of the Essence-Time is of the essence,and shall apply to all terms and conditions of this Agreement. i) Counterparts -This Agreement may be executed in counterparts, each of which shall be deemed to be an original,and together shall constitute one and the same Agreement. j) Facsimile Transmission - Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as delivery of an PNW Holdings LLC/City of Renton/FS13 Property page 7 original. At the request of either party, or Escrow, the parties will confirm facsimile transmitted signatures by signing an original document. k) Multiple Parties - In the event Seller is composed of more than one party, obligations arising from this Agreement are and shall be joint and several as to each such party. Each person executing this Agreement does so in his or her individual capacity and on behalf of his or her marital community. 1) Assignment of Agreement- Buyer shall have the right to assign this Agreement and its rights hereunder and to be relieved of any future liability under this Agreement,provided that the assignee shall assume all of the obligations of Buyer hereunder. m) Financing Extension of Closing - Seller agrees that the closing date may be extended up to fifteen business days, if necessary, to permit Buyer's lender to prepare financing documents. n) 1031 Exchange -Buyer agrees to cooperate with Seller if Seller decides to participate in a 1031 exchange of properties, provided that such exchange shall be at no expense to Buyer and shall not delay closing, and provided further that Buyer shall not be required to take title to any property other than the Property. o) No Waiver- No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless excused in writing by the party making the waiver. p) Further Acts - Each party shall, at the request of the other, execute, acknowledge (if appropriate) and deliver whatever additional documents, and do such other acts as may be reasonably required in order to accomplish the intent and purposes of this Agreement. q) Attorneys Fees-In the event that either party hereto brings an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, or for an alleged breach or default of this Agreement, or any other action arising out of this Agreement or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys fees and court costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. r) No Partnerships - Nothing in this Agreement shall be deemed in any way to create between the parties any relationship of partnership,joint venture or association, and the parties disclaim the existence thereof. PNW Holdings LLC/City of Renton/FS13 Property page 8 20.BUYER'S OFFER - The undersigned Buyer, on this 25th day of October, 2011, hereby offers this Agreement to Seller to purchase the Property described herein, pursuant to the terms and conditions contained herein. Buyer: PNW holdings,LLC fir ole Justin R.Wers Director of Land Acquisitions 2LTIME FOR ACCEPTANCE - Buyer's offer is made subject to the acceptance of Seller, on or before twelve o'clock midnight of November 11,2011. If Seiler does not accept this Agreement within the time specified, the Earnest Money note shall be returned to Buyer, and this Agreement shall be null and void. 22.SELLER'S ACCEPTANCE - The undersigned Seller on this '� day of e446/ 2011, hereby accepts and approves this Agreement,and agrees to carry out all of the terms thereof. Seller• of Renton,a M nicipal Corporation By: By: ,.�,c, .1 L�alte� Printed Name:Denis Printed Name:Bonnie Walton Title:Mayor,City of Renton Title: City Clerk,City of Renton 23.BUYER'S RECEIPT - Buyer hereby acknowledges receipt of a Seller signed copy of this Agreement,on/Yo vt rr� 7 0' ,2011. Buyer: PNW holdings,L C By. Justi , agers Dire for of Land Acquisitions PNW Holdings LLC J City of Renton/FS13 Property page 9 EARNEST MONEY PROMISSORY NOTE $5,000.00 Mercer bland,Washington October 25,2011 FOR VALUE RECEIVED, the undersigned ("Buyer") agree(s) to pay to the order of The City of Renton, a Municipal Corporation ("Seller") the sum of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00),without Interest,PAYABLE AS FOLLOWS: This note is evidence of the obligation to pay earnest money under the terms and provisions of a real estate Purchase and Sale Agreement between ("Seller") and ("Buyer") dated October 25, 2011. Buyer's failure to pay the earnest money pursuant to the terms of said Purchase and Sale Agreement shall constitute a default on said Purchase and Sale Agreement as well as on this note. This note is due and payable within 5 (five) business days of Buyer and Seller agreeing that the conditions, contingencies, and inspections given in the said Purchase and Sale Agreement have been met. In the event that this note Is not paid when due and suit is instituted for the collection thereof, the undersigned promises to pay to the holder of this note all reasonable costs and expenses of suit, Including all reasonable attorney's fees, to be determined by the court in which such action may be brought. PNW Holdings LLC a Washington Limited Liability Company Robert G SUMMARY APPRAISAL REPORT Property Type: Vacant Land Located at: 17040 108th Ave SE Renton, Washington Prepared for: City of Renton Peter Renner 1055 South Grady Way Renton, Washington 98057 Effective Date: September 27, 2011 LHL Job No.:S011-227 CLIENT FILE NO.: Fire Station 13 Prepared by: Valerie A. Dreas Washington General Certified Appraisers 4025 DELRIDGE WAY SW, SUITE 530, SEATTLE,WA 98106 WWW.LAMBHANSONLAMB.COM,TELE: (206) 903-1500 FAX: (206) 903-0648 4025 DELRIDGE WAY SW, SUITE 530, SEATTLE,WA 98106 WWW.LAMBHANSONLAMB.COM,TELE: (206) 903-1500 FAX: (206) 903-0648 LAMB HANSON LAMB APPRAISAL ASSOCIATES, INC. September 29, 2011 City of Renton Peter Renner 1055 South Grady Way Renton, Washington 98057 Re: LHL File No.: S011-227 Client File No.: Fire Station 13 Property Name Former Fire Station 13 Property Address 17040 108th Ave SE Renton, Washington Upon your authorization, the undersigned appraisers have performed the necessary site visit and analysis to appraise the above referenced property. The attached summary appraisal report provides essential data and detailed reasoning employed in reaching the stated opinion of value. The purpose of the following report is to determine the fee simple interest in the property as of September 27, 2011. The intended use of the report is for purchase and sale. Intended users of the report are City of Renton. The value reported is qualified by certain definitions, limiting conditions, and certifications that are set forth in the attached report. The analysis contained in the report that follows is provided in a summary narrative appraisal report format. Based on the information contained in this report, it is the opinion of the certifying appraiser that the fee simple interest of the main subject property as of September 27, 2011, is $165,000 For the value opinion set forth in this letter to be considered valid, it must remain attached to the report, which contains 55 pages plus related exhibits. 4025 DELRIDGE WAY SW, SUITE 530, SEATTLE, WA 98106 WWW.LAMBHANSONLAMB.COM, TELE: (206) 903-1500 FAX: (206) 903-0648 1 Certificate of Appraiser We certify that, to the best of our knowledge and belief: I. The statements of fact contained in this report are true and correct. II. The reported analyses, opinions, and conclusions are limited only by the reported assumptions, limiting conditions, and legal instructions, and are the personal, unbiased professional analyses, opinions, and conclusions of Lamb Hanson Lamb Appraisal Associates, Inc. and the signatories identified below. Ill. Lamb Hanson Lamb Appraisal Associates, Inc., its employees, and the signatories identified below, have no present or prospective interest in the property appraised, and no personal interest or bias with respect to the parties involved in this assignment. IV. The compensation received by the appraiser for the appraisal is not contingent on the analyses, opinions, or conclusions reached or reported. VII. The appraisal was made and the appraisal report prepared in conformity with the Uniform appraisal Standards for Federal Land Acquisitions. VIII. The appraisal was made and the appraisal report prepared in conformity with the Appraisal Foundation's Uniform Standards for Professional Appraisal Practice, except to the extent that the Uniform Appraisal Standards for Federal Land Acquisitions required invocation of USPAP's Jurisdictional Exception Rule, as described in Section D-1 of the Uniform Appraisal Standards for Federal Land Acquisitions. IX. Valerie A. Dreas has made a personal inspection of the property appraised and that the property owner, or his/her designated representative, was given the opportunity to accompany the appraiser on the property inspection. X. Valerie A. Dreas performed this appraisal. No one else provided significant professional assistance to the valuation of this appraisal. XI. Valerie A. Dreas is currently licensed as a Certified General Real Estate Appraiser by the State of Washington under License No. 1101092. She is in compliance with all State continuing education requirements. 4025 DELRIDGE WAY SW, SUITE 530, SEATTLE,WA 98106 ii WWW.LAMBHANSONLAMB.COM, TELE: (206) 903-1500 FAX: (206) 903-0648 Y XII. It is the opinion of the undersigned appraisers that the value of the subject property is $165,000 Your attention is directed to the accompanying Assumptions and Limiting Conditions, which are an integral part of this report. Respectfully Submitted, Lamb Hanson Lamb Appraisal Associates, Inc. l Valerie A. Dreas Certified General RE Appraiser Washington License No. 1101092 4025 DELRIDGE WAY SW, SUITE 530, SEATTLE, WA 98106 iii WWW.LAMBHANSONLAMB.COM, TELE: (206) 903-1500 FAX: (206) 903-0648 0 N Q N M N Sc 'm Z ro O m x �. v O p d H d U L N m Y Y g z co N F N K C7 CpO� Q C Y lG O V J d to lA Q Q ■®■ a (y vl 2 r r z w moWO :: c=F cm ca w� cEn CL < Z EE0O E CL LL CE c w > R C V m O N (Np A 0 O W R Z O t S2 R N Q CO N— CO N R = C ~ O)j. 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Renner,CFM Facilities Director 425-430-6605 425-430-6603 fax prenner @rentonwa.gov 1 REAL ESTATE PURCHASE AND SALE AGREEMENT (Raw Land-Washington) This Real Estate Purchase and Sale Agreement("Agreement")is made and entered this 25th day of October, 2011, by and between The City of Renton, a Municipal Corporation ("Seller") and PNW Holdings LLC,a Washington Limited Liability Company,and/or assigns("Buyer"). In consideration of the promises and mutual covenants set forth herein, Buyer and Seller agree as follows: DESCRIPTION OF PROPERTY TO BE CONVEYED - Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and conditions hereinafter set forth, that certain real Property described as follows: THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, together with all improvements and fixtures thereon and all related rights and appurtenances thereto,as well as all Intangible Property associated therewith. Seller warrants that this is the correct legal description of the Property to be conveyed pursuant to this Agreement. If the above legal description is not a complete legal description of the Property to be conveyed, Seller shall provide Buyer with a complete legal description. Seller and Buyer hereby authorize Escrow to insert over their signatures the correct legal description of the real Property. 1. PURCHASE PRICE - The purchase price shall be One Hundred Sixty Five Thousand Dollars ($165,000). The purchase price shall be paid in cash at the time of closing, less any earnest money previously paid by Buyer. 2. EARNEST MONEY RECEIPT-Upon the date Buyer acknowledges receipt of a fully executed copy of this Agreement ("Mutual Acceptance"), Buyer shall deliver and deposit with First American Title Insurance Company ("Escrow") an Earnest Money Promissory Note. The Earnest Money Note shall be payable in the sum of Five Thousand Dollars($5,000). All earnest money shall be applicable to the purchase price at closing. Within five (5) business days after Buyer notifies Seller that it has removed the Feasibility Contingency stated below, Buyer shall convert the Earnest Money Note to cash and release its proceeds to Escrow with instructions to release the money to Seller. Earnest Money shall be considered non-refundable once released to Seller,except in the case of Seller default. 3. FEASIBILITY CONTINGENCY-This Agreement is expressly subject to Buyer completing,at its sole expense, a feasibility study for the development of the Property. This feasibility study shall be completed within Thirty(30) business days from the later of Mutual Acceptance or the date Seller has provided Buyer with all of the Property Documents described below (the "Feasibility Period"). If Buyer shall deem, in its sole and absolute discretion, that its intended use of the Property appears to be economically viable and architecturally feasible, then PNW Holdings LLC/City of Renton/FS13 Property page 1 notification shall be provided to Seller in writing, on or before the last day of the Feasibility Period, stating that the contingency has been removed. If Buyer elects not to proceed with the transaction, no notice shall be given to Seller, this transaction shall be null and void unless otherwise agreed upon by the parties to this Agreement,and all Earnest Money deposited under this transaction together with any accrued interest shall be returned to Buyer. 4. SELLER'S COOPERATION - Seller agrees that Buyer and/or its nominee may seek to obtain PUD approval, binding site plan approval, subdivide, rezone and/or develop any or all portions of the Property described in this Agreement. Seller agrees to join with Buyer in the signing of all application documents, easements, acquisition of utilities, requests for zoning, conditions, covenants and restrictions, etc. Seller does not waive its independent right to ensure that any proposal meets its codes and complies with all Federal and State laws, including the State Environmental Protection Act(SEPA). 5. CLOSING - This transaction shall close within One Hundred Twenty (120) days after the date Buyer removes its Feasibility Contingency as noted in Section 3 above. The closing of this transaction shall take place at Escrow. Buyer reserves the right to close this transaction and waive all contingencies at any time if,in Buyer's sole discretion,this action is warranted. 6. CONVEYANCING - Title to the Property shall be conveyed to Buyer at closing by warranty deed free of encumbrances or defects and Seller shall deliver possession of the Property to Buyer free of all tenancies on the date of closing. In addition, Seller shall provide Buyer with a written assignment of the Intangible Property relating to the Property at Closing. 7. CLOSING ADJUSTMENTS AND COSTS a) Any and all rents, or other income and operating expenses for or pertaining to the Property, shall be pro-rated between Seller and Buyer as of the closing date. Any pro- rations based on estimates shall be subsequently adjusted after closing when actual costs and pro-rations can be calculated, and the obligated party for any overage or adjustment shall promptly pay the amount due to the other party. b) Seller shall pay for the cost of the Standard Title Policy, transfer taxes, one-half of the Escrow fee and all other customary closing costs for Seller. Buyer shall pay the cost of the Extended portion of the Title Policy, recording the deed, one-half of the Escrow fee and all other customary closing costs for Buyer. 8. INTERIM ACTIONS/RIGHT OF ACCESS After the date of Mutual Acceptance, Buyer, its agents and employees shall have the right to enter onto the Property for the purpose of accomplishing Buyer's objectives for the study and development of the Property. Buyer shall restore the Property reasonably consistent with its present condition in the event of termination of this Agreement except in the case of Seller's default. PNW Holdings LLC/City of Renton/FS13 Property page 2 9. SELLER'S REPRESENTATIONS AND WARRANTIES - Seller represents, warrants and covenants the following to Buyer: a) Power and Authority - Seller is the owner of the Property and has the legal power, right and authority to enter into this Agreement and to consummate the transaction provided for herein. This Agreement and all other documents executed and delivered by Seller constitute a legal, valid, binding and enforceable obligation of Seller. Each person signing below on behalf of Seller represents and warrants that it has the legal power, right and authority to enter into this Agreement on behalf of Seller and that its signature to this Agreement binds Seller to the terms of this Agreement. b) Title- Seller has fee simple title to the Property which as of the Closing Date, will be free and clear of all encumbrances, defects, and encroachments. The term Property includes any easements, rights of way, or appurtenances necessary to record the final plat, obtain building permits, and certificates of occupancy. Buyer acknowledges an existing fence line dispute with a neighboring property and agrees to waive any rights it may have under this section regarding warranties against encroachments. c) Hazardous Substances - To the best of Seller's knowledge, there is no hazardous waste or hazardous substances on the Property(including the land,surface water,ground water, and any improvements) as such terms are defined by any law, ordinance, or regulation applicable to the Property. d) Other Claims or Commitments - There are no written or verbal contracts or agreements for the sale, lease, rental or use of the Property or any portion thereof, which contract or agreement may be binding against the Property and may subsequently result in a claim against Buyer. e) Legal Action-There is no action,suit,proceeding or investigation pending,or to Seller`s knowledge threatened, before any agency, court or other governmental authority which relates to the Property or Buyer's intended use thereof. f) Foreign Person or Entity - Seller is not a foreign person, non-resident alien, foreign corporation,foreign partnership,foreign trust or foreign estate,as those terms are defined in the Internal Revenue Code and the Income Tax Regulations promulgated thereunder. At closing, Seller shall deliver to Escrow a certificate of non-foreign status in the form required by Income Tax Regulations and reasonably acceptable to Buyer. In the event Seller shall not deliver such certificate to Escrow at closing, Escrow shall withhold the amount required pursuant to Section 1445 of the Internal Revenue Code and submit such withholding to the Internal Revenue Service. g) Legal Lot — The Property conveyed at closing shall be a legal lot in compliance with state statutes and local ordinances. PNW Holdings LLC/City of Renton/FS13 Property page 3 h) No Artifacts or Protected Species - The Property is free of historical or archaeological artifacts and/or protected species. i) Utilities - The Property is presently served by a public water main, public sewer main, gas main, and electric distribution line. The term "served by"means that a main or line capable of adequately serving the entire property abuts or adjoins the Property at some point. IO.SELLER'S OBLIGATIONS PENDING CLOSING - During the term of this Agreement until termination as herein provided, Seller covenants and agrees to perform the following obligations: a) Property Documents- Seller shall provide Buyer with copies of all documents pertaining to the Property which shall include but not be limited to the preliminary plat approval containing conditions required for final plat approval, the recorded plat if recorded, any and all engineering and other consulting studies, soils reports, surveys, environmental reports, development plans and specifications, permit applications, governmental licenses, permits and approvals, warranties from third parties, utility rights and agreements (collectively "Intangible Property"). In addition, Seller shall provide Buyer with all governmental communications, unrecorded covenants, restrictions, easements, and/or other potential encumbrances pertaining to the Property. Any additional documents received by Seller subsequent to the date of Mutual Acceptance, shall be promptly forwarded to Buyer. b) Sell or Encumber Property - Seller shall not sell, assign, or convey any right, title or interest whatsoever in or to the Property to any third party, or create or permit to exist any lien,encumbrance or charge thereon which will not be paid in full at closing. c) Representations and Warranties - Seller shall not take any action, or omit to take any action, that would have the effect of violating any of its representations, warranties, covenants,and agreements contained herein. d) Existing Financing - Seller shall continue to make all payments required under the terms of any existing financing on the Property and shall not suffer a default or permit a default to arise thereunder. e) Memorandum of Agreement - Seller shall, upon request by Buyer, execute a memorandum of this Agreement which Buyer may record. I LTTTLE INSURANCE-As soon as possible after the date of the Mutual Acceptance, Seller shall cause First American Title Insurance Company (the "Title Company") to issue a commitment for an ALTA Owners Extended Coverage Title Policy (including copies of all exception documents referenced in said commitment) in an amount equal to the Purchase Price, which commitment shall provide for the issuance of a final title policy as of the Closing Date, PNW Holdings LLC/City of Renton/FS13 Property page 4 subject to no liens or encumbrances and include such endorsements, affirmative coverage,and other modifications required by Buyer and Buyer's lender. The Title Company shall issue the Title Policy to Buyer as soon as possible after Closing. 11CONDITION OF PROPERTY AT CLOSING a) Condition of Proneriv-Between the date of Mutual Acceptance and the date of closing, there shall be no material adverse change(s) in the condition of the Property. Prior to Closing, Seller shall remove all junk and debris from the Property. b) Casualty or Condemnation-If prior to closing,there is a loss of the Property by casualty or condemnation, Buyer shall have the option to: 1) accept title to the Property without any adjustment of the purchase price, in which event at the closing all of the condemnation awards shall be assigned by Seller to Buyer and all moneys received by Seller in connection with such loss shall be paid over to Buyer; or 2) terminate this Agreement, in which event all earnest money deposits, whether refundable or not, shall be returned to Buyer,and this Agreement shall then be null and void. c) Moratorium - As of the closing date there shall be no actions imposed, pending, or contemplated by any utility supplier or other authority having jurisdiction over the Property that would result in restricting,reducing,delaying,or denying permits necessary for the development, construction, use or occupancy of the Property as a residential development. 11CONDITIONS PRECEDENT TO CLOSING - If any of Seller's obligations contained herein have not been completed then Buyer shall have the right to extend the closing date until the date which is 15 business days after Seller completed the condition or may terminate this Agreement and have all Earnest Money refunded to Buyer. 14.DEFAULT PROVISIONS a) Buyer's Remedies - In the event of Seller's breach of this Agreement, Buyer shall have the right to enforce this Agreement by specific performance or by any other remedy available in law or equity. Buyer, at its option, may elect to waive the performance of any condition,contingency or provision in Buyer's favor set forth in this Agreement. b) Seller's Remedies - In the event Buyer fails, without legal excuse, to complete the purchase of the Property, any Earnest Money deposit(s) paid to Seller shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure.This limitation shall include any claims for attorneys' fees, interest and actual or consequential damages.It is agreed that the Earnest Money shall represent the reasonable estimate by the parties of the amount of damages that Seller would suffer by reason of Buyer's default under this Agreement. Seller hereby waives any other remedy it may PNW Holdings LLC/City of Renton/FS13 Property page 5 have. In the event Seller fails to receive any payment or notice required herein, Seller shall so notify Buyer and Buyer shall then have ten(10)days to cure performance 15.NOTICES -All notices shall (i)be in writing; (ii)be sent by mail,courier service,or facsimile transmission; and (iii) be effective on the date it is officially recorded as delivered. The addresses to be used in this Agreement are: Buyer's Address: PNW Holdings,LLC Attn: Michael Gladstein-Manager 9725 SE 36h St. Suite 214 Mercer Island,Washington 98040 Phone: (206)588-1147 Seller's Address: City of Renton c/o Peter M.Renner,CFM Facilities Director copy to Larry Warren,City Attorney Renton City Hall 1055 South Grady Way Renton,WA 98057 Phone: (425)430-6605 16.OPEN SPACE/AGRICULTURAL TAXATION PENALTIES - Seller shall pay all applicable "back" or"roll-back"real estate taxes, interest and/or penalties to bring the subject Property out of any open space designation, green belt, farm, forest, other property deferral, current use taxation program or similar restrictive designation. Such back taxes, interest or penalties shall be paid by Seller before closing. If Seller is unable to complete this obligation prior to closing, Buyer shall have the option of delaying closing until the county tax assessor has cleared the matter, or proceeding to close with an escrow hold-back in the amount of one hundred fifty percent(150%)of the estimated back taxes and penalties. ITCOVENANTS CONDITIONS & RESTRICTIONS - If Covenants, Conditions and Restrictions ("CC&R'S) have not already been recorded against the Property as of the date of this Agreement, Seller agrees not to record any against the Property prior to closing without Buyer's prior written consent. 18.REAL ESTATE COMMISSION-Each party represents and warrants to the other that it has not used the services of any real estate agent, broker or finder with respect to the transaction contemplated hereby. Each party agrees to indemnify and hold harmless the other against and from any inaccuracy in such party's representation under this Paragraph. PNW Holdings LLC/City of Renton/FS13 Property page 6 19.MISCELLANEOUS a) Entire Agreement No Oral Modifications - This Agreement, and any exhibits hereto, constitute the final and complete Agreement, and supersede all prior correspondence or agreements between the parties relating to the subject matter hereof. This Agreement cannot be changed or modified other than by a written agreement executed by both parties. b) Successors Bound -The provisions of this Agreement shall extend to, bind and inure to the benefit of the parties hereto and their respective heirs, successors,and assigns. c) Governing Law-This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. d) Severabilitv - If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable,the remaining terms and provisions of this Agreement shall not be affected thereby,but each remaining term and provision shall be valid and enforced to the fullest extent permitted by the law. e) Construction - Seller and Buyer acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement(including exhibits)or any amendments thereto,and that the Agreement shall be given a reasonable interpretation in accordance with the plain meaning of its terms and the intent of the parties. f) Survival of Terms-The terms and provisions of this Agreement shall survive the closing and shall not be merged into the deed or extinguished thereby, but shall remain in full force and effect thereafter. g) Time Periods - All time periods set forth in this Agreement shall be measured from the date of Buyer's receipt of a Seller signed original of this Agreement,which date shall be considered to be the "date" of this Agreement and is set forth below. If the date of any performance under the terms of this Agreement falls on a weekend or holiday, the time for performance shall be extended to the next business day. h) Time of the Essence-Time is of the essence,and shall apply to all terns and conditions of this Agreement. i) Counterparts - This Agreement may be executed in counterparts, each of which shall be deemed to be an original,and together shall constitute one and the same Agreement. j) Facsimile Transmission - Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as delivery of an PNW Holdings LLC/City of Renton/FS13 Property page 7 original. At the request of either party, or Escrow, the parties will confirm facsimile transmitted signatures by signing an original document. k) Multiple Parties - In the event Seller is composed of more than one party, obligations arising from this Agreement are and shall be joint and several as to each such party. Each person executing this Agreement does so in his or her individual capacity and on behalf of his or her marital community. 1) Assignment of AgM ement - Buyer shall have the right to assign this Agreement and its rights hereunder and to be relieved of any future liability under this Agreement,provided that the assignee shall assume all of the obligations of Buyer hereunder. m) Financing Extension of Closing Date - Seller agrees that the closing date may be extended up to fifteen business days, if necessary, to permit Buyer's lender to prepare financing documents. n) 1031 Exchange -Buyer agrees to cooperate with Seller if Seller decides to participate in a 1031 exchange of properties, provided that such exchange shall be at no expense to Buyer and shall not delay closing, and provided further that Buyer shall not be required to take title to any property other than the Property. o) No Waiver- No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless excused in writing by the party making the waiver. p) Further Acts - Each party shall, at the request of the other, execute, acknowledge (if appropriate) and deliver whatever additional documents, and do such other acts as may be reasonably required in order to accomplish the intent and purposes of this Agreement. q) Attorneys Fees- In the event that either party hereto brings an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, or for an alleged breach or default of this Agreement, or any other action arising out of this Agreement or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys fees and court costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. r) No Partnerships - Nothing in this Agreement shall be deemed in any way to create between the parties any relationship of partnership,joint venture or association, and the parties disclaim the existence thereof. PNW Holdings LLC/City of Renton/FS13 Property page 8 20.BUYER'S OFFER - The undersigned Buyer, on this 25th day of October, 2011, hereby offers this Agreement to Seller to purchase the Property described herein, pursuant to the terms and conditions contained herein. Buyer: PNW Holdings, LLC Justin R. gers Director of Land Acquisitions 21 TIME FOR ACCEPTANCE - Buyer's offer is made subject to the acceptance of Seller, on or before twelve o'clock midnight of November 11, 2011. If Seller does not accept this Agreement within the time specified, the Earnest Money note shall be returned to Buyer, and this Agreement shall be null and void. 22-SELLER'S ACCEPTANCE- The undersigned Seller on this day of 72011, hereby accepts and approves this Agreement,and agrees to carry out all of the terms thereof. Seller: City of Renton,a Municipal Corporation By: By: Printed Name: Denis Law Printed Name: Bonnie Walton Title:Mayor, City of Renton Title: City Clerk, City of Renton 23.BUYER'S RECEIPT - Buyer hereby acknowledges receipt of a Seller signed copy of this Agreement,on , 2011. Buyer: PNW Holdings,LLC By: Justin R. Lagers Director of Land Acquisitions PNW Holdings LLC/City of Renton/FS13 Property page 9 EARNEST MONEY PROMISSORY NOTE $5,000.00 Mercer Island,Washington October 25,2011 FOR VALUE RECEIVED, the undersigned ("Buyer") agree(s) to pay to the order of The City of Renton, a Municipal Corporation ("Seller") the sum of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00),without interest, PAYABLE AS FOLLOWS: This note is evidence of the obligation to pay earnest money under the terms and provisions of a real estate Purchase and Sale Agreement between ("Seller") and ("Buyer") dated October 25, 2011. Buyer's failure to pay the earnest money pursuant to the terms of said Purchase and Sale Agreement shall constitute a default on said Purchase and Sale Agreement as well as on this note. This note is due and payable within 5 (five) business days of Buyer and Seller agreeing that the conditions, contingencies, and inspections given in the said Purchase and Sale Agreement have been met. In the event that this note is not paid when due and suit is instituted for the collection thereof, the undersigned promises to pay to the holder of this note all reasonable costs and expenses of suit, including all reasonable attorney's fees, to be determined by the court in which such action may be brought. PNW Holdings LLC a Washington Limited Liability Company Robert Gladstein—Manager -- �:--- W V City of III EXECUTIVE DEPARTMENT p o M E M O R A N D U M DATE: November 8, 2011 TO: Peter Renner, CS- Facilities FROM: /^ �ynthia Moya; Records Management Specialist SUBJECT: AC-070—Former Firestation#13 (Real Estate Purchase &Sale Agreement) The attached original documents have been signed by City officials and are being returned to you for execution by other parties. When you receive the fully executed documents, please forward a signed original to the City Clerk's office for our permanent record file. This matter will be on a periodic call-up schedule to remind you of this requirement until our office receives the fully executed document. Thank you! hAcityclerk\records specialist\correspondence &memos - cindy\acquisition-need sigs.doc COMMUNITY SERVI D city of DEPARTMENT Q �O M E M O R A N D U M DATE: October 31, 2011 Q ffY OF RENTON l� TO: Denis Law, Mayor 2 2011 CC: Terri Briere, Council President NOV 0 FROM: Terry Higashiyama, Community Services Administrator CITY C ERKSOFFICE STAFF CONTACT: Peter Renner, Facilities Director SUBJECT: Sale of Surplus Vacant Property—former Fire Station 13 City Policy 100-12, Surplus Real Property, provides the mechanism for determining and disposing of surplus properties. Resolution 4115, passed by City Council and signed by you on September 12th, empowers you and the City Clerk to sign whatever documents are needed to consummate the conveyance of the property. Per the public hearing process that preceded Resolution 4115,the fair market value of the property was determined to be $165,000. This amount was established by a summary appraisal that we authorized and paid for,the first five pages of which are attached hereto. One of the abutting property owners had previously expressed an interest in acquiring this property, and per section 7.6 of City Policy 100-12, we entered into negotiations with him for the purchase of this parcel. The result of that is the attached Real Estate Purchase and Sale Agreement from PNW Holdings LLC to purchase the former Renton Fire Station 13 property located at 17040 108th Ave SE. The City Attorney has reviewed and approved the Agreement. The stipulated price is for the full appraised value and we recommend acceptance of the offer. It should also be noted that the City's parcel has supplementary value to a significant multi-family housing project, "Fieldbrook Commons"that the purchaser has taken to an advanced state in the planning process. The City's Planning Division feels this project, with copious open and green spaces, will help set a higher standard for future development. We have attached copies of preliminary site and building plans to illustrate, as well as a site map showing the Fire Station 13 property (yellow section). Attachments Cc: Jay Covington,Chief Administrative Officer Larry Warren,City Attorney Iwen Wang,Administrator Finance/IT Bonnie Walton,City Clerk c:\users\spilat\appdata\local\microsoft\windows\temporary internet files\content.outlook\gvkbw5ht\mayormemopands.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. 4115 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING THE SITE OF OLD FIRE STATION 13, LOCATED AT 17040 108" AVE SE, SURPLUS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SUCH DOCUMENTS AS NECESSARY TO TRANSFER TITLE. WHEREAS, the City of Renton after a news release and publication of a public notice for 1P*^ Se 1e.6%6de public hearing, did hold on the,%day of3uOasr, 2011, a public hearing to consider the issue of declaring certain real property surplus, such property being legally described in Exhibit A attached hereto and incorporated by reference as if fully set forth, such property being commonly known as Old Fire Station 13,the street address of 17040 108th Ave SE; and WHEREAS, those members of the public who wished to testify were duly allowed to testify and the testimony was considered by the City Council; and WHEREAS,the law requires an appraisal; and WHEREAS, the City administration has ordered an appraisal of the value of this real property; and WHEREAS, the City Council has determined that the sale of this property is in the public interest; NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The property in question is declared surplus. SECTION III. The Mayor and City Clerk are hereby authorized to sign the necessary documents to consummate the conveyance of the real estate that has been declared surplus, 1 w RESOLUTION NO. 4115 contingent upon the property being sold for a minimum price as determined by appraisal except as permitted by RCW 39.33.010 and on the most advantageous terms, including price, that the City can obtain. PASSED BY THE CITY COUNCIL this 12th dayof September , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 12th dayof September 2011. 1 `�- Denis Law, Mayor Approved as to form: {l: y G ,� e Lawrence J. Warren, City Attorney -r ' RES.1511:6/16/2011:scr 2 ! E F � � � I 1 1 • t k i ' Private Rd 3 ! l E F{j f 4 S 9t Q . SE 170th St LU cOa> � >.. ; i t1 t F( ! Pnvate-Fed-----` � I ! F � r r s F I 3 ! j �C�D 3 LU i t k!S k t i i h 595 U) 1 s > SE 173rd St i ST`S co N o i I L___# F File Name::ICEDRarming IGISIGIS,projectslfire—depfl mxdslFire Station Vicinity Map 8xi1-Aug2011.mxd o ,z2 5 250 Surplus u s P ro e Fire Station 13 �x�.,,..;. � ..;t..:..",... p P ►�Y Feet August 10,2011 ' f 1:2500 Vicinity Map ��� � �' ,� Vicinity Community& Economic Development s Alex Pietsch,Administrator ` Adriana Abramovich,Planning Technician II � ,�. ®Fire Station 13 Site Parcels September 12, 2011 Renton City Council Minutes Page 278 • #2011-T-01: Sustainability- Develop policies in the Comprehensive Plan addressing sustainability. • #2011-T-02: Growth Management Act(GMA) Review- Update Comprehensive Plan to reflect new GMA growth targets. • #2011-T-03: Transportation Element-Update Transportation Element to reflect current and future needs for transportation system. • #2011-T-04: Complete Streets-Add goal to Transportation Element regarding Complete Streets to reflect work adopted. • #2011-T-05: Economic Development-Amend Economic Development Element to reflect current and future needs for economic development. • #2011-T-06: Landscaping-Amend text for consistency with Title IV (Development Regulations)changes. • #2011-T-07: Assisted Living Density Bonus in Residential Low Density (RLD)-Amend maximum density allowed to reflect adopted bonus allowance for Assisted Living in the Residential One Dwelling Unit per Net Acre (R-1) zone. • #2011-T-08: City Center- Update the Community Planning Element to reflect adoption of the City Center Community Plan. The Committee further recommended that the ordinances regarding this matter be presented for first reading. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See pages 279 for ordinances.) Finance Committee Finance Committee Vice-Chair Taylor recommended approval of Claim Finance:Vouchers Vouchers 305705-306449 and five wire transfers totaling$8,990,698.42, and 1,675 direct deposits, 202 payroll vouchers,and two wire transfers,totaling $5,465,177.98. MOVED BY TAYLOR, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services: South Expressing concern that he was not aware of the plan as mentioned earlier, it Renton Community Garden was MOVED BY ZWICKER,SECONDED BY PARKER, COUNCIL REFER THE ISSUE OF THE SOUTH RENTON COMMUNITY GARDEN TO THE.PLANNING AND DEVELOPMENT COMMITTEE FOR A BRIEFING. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES RESOLUTION#4115 A resolution was read declaring the site of old Fire Station 13, located at 17040 CED: Determination of Surplus 108th Ave.SE,surplus and authorizing the Mayor and City Clerk to sign such Property Status,Old Fire documents as necessary to transfer title. MOVED BY BRIERE,SECONDED BY Station 13 f 4 'f I It ZWICKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. RESOLUTION#4116 A resolution was read authorizing the Mayor and City Clerk to execute the Airport:Taxiway Bravo Federal Aviation Administration's federal grant application and grant Repaving/Rehabilitation, FAA assurances and accept the Federal Aviation Administration grant funding for Grant the Taxiway Bravo Rehabilitation project at the Renton Municipal Airport. MOVED BY PALMER,SECONDED BY ZWICKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. September 12, 2011 Renton City Council Minutes Page 273 PUBLIC HEARINGS This being the date set and proper notices having been posted and published in CED: Determination of Surplus accordance with local and State laws, Mayor Law opened the public hearing to Property Status, Old Fire consider declaring as surplus the real property commonly known as Former Fire Station 13 Station#13, 17040 108th Ave.SE. 1`Q Community and Economic Development Administrator Alex Pietsch introduced n Mapping Coordinator Bob MacOnie. C Mr. MacOnie reported that pursuant to the 2009 asset transfer agreement with King County Fire District 40, approved by Council in conjunction with the Benson Hill Communities annexation, Fire Station 13 was moved from its location at 17040 108th Ave. SE to a new location at 18002 108th Ave.SE. He stated that the former site has been deemed no longer necessary by the Fire and Emergency Services Department, and in accordance with City Policy& Procedure 100-12, Council authorized initiation of surplus property procedures for the site in June of this year. He remarked that the land is currently assessed by King County at$180,000, and a recent appraisal,as authorized by Council, was conducted but was deemed deficient. He noted that a new appraisal is being sought. Mr. MacOnie reported that the property was deeded to the City in December 1979, and construction of the fire station began in January of 1980. He noted that the land was annexed to the City in June of 1980,and that there is no utility infrastructure on the site. Mr. MacOnie displayed older photographs of the property depicting the active fire station and current photos showing the vacant lot. He explained that the fire station dormitory was moved to the Maplewood Golf Course and the engine house (garage)was demolished. Concluding, Mr. MacOnie reported that if the property is declared surplus it is to be offered to City departments,other agencies, abutting property owners, and any other party expressing an interest in the property. He noted that all City departments,the Washington State Department of Transportation, King County, and the Renton Historical Society were offered the property and none of them expressed interest in it. Responding to Councilmember Palmer's inquiries, Mr. MacOnie stated that a large tract of undeveloped property is adjacent to,and a single family residence is just north of,the site. He noted that an abutting land owner is interested in the property. Correspondence was entered into the record from Sylva Jean Coppock (Renton) expressing concern regarding potential disturbance of wildlife if construction or new development occurred the site area. There being no public comment, it was MOVED BY ZWICKER,SECONDED BY PARKER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 278 for resolution.) Responding to Councilmember Zwicker's inquiry, Mr. MacOnie noted that in accordance with the related Community Services Committee report (7/11/2011),funds from the sale of the property will go to Fund 316, General Fund Capital Projects. r s genda Item No.: d RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: all PLEASE PRINT 5 Minute Time Limit 1 5 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 2 6 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 3 7 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 4 8 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: (CONTINUED ON REVERSE SIDE) ( ontinued from Reverse Side- Page 27W RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE PLEASE PRINT 5 Minute Time Limit a y 9 13 Naive: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 10 14 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 11 15 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 12 16 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 1 BACKGROUND Public Hearing Pursuant to the Asset Transfer Agreement on with King County Fire Protection District #40 approved by Council on 2/9/2009 as DISPOSITION OF a part of the Benson Hill Annexation via OLD FIRE STATION 13 Ordinance#5327 setting the effective date thereof as March 1,2008, King County Vacant Site Fire Station 40 became the new home of (17040— 108th Ave SE) the City of Renton's Fire Station 13. September 12,2011 • Fire Station 13 moved about half a mile South from 17040— 1081h Ave SE to 18002— 108th Ave SE RENTOh BACKGROUND BACKGROUND • Per City Policy,Surplus Property definition: ■ Although the Fire Department has no need "property acquired by a division which is of property,it cannot dispose of this no longer needed to fulfill the original or property unless the Council declares this an alternate need." property surplus. • Fire Department determination: ■ City Policy and Procedure 100-12 sets 17040— 108th Ave SE is no longer needed forth the process for determining whether for the purpose for which it was acquired a City-owned property should be declared and is not required for any alternate surplus. purpose. BACKGROUND VALUATION • Initiation of this process requires City • The current assessed value of the property Council approval. is$180,000. ■ The property has been appraised but upon • June 27,2011:Council approved the review that appraisal was determined to be initiation of the Surplus Real Property deficient. Procedure and authorized that an appraisal • A new appraisal is being sought. be ordered. 1 LOCATION PROPERTY HISTORY ■ December 21, 1979:Deeded to the City for "a fire station to be operated by the City of Renton." ■ Construction of the new fire station began in January 1980. ■ June 2, 1980:Effective date of Ordinance #3432 annexing the property to the City. ■ The City has no utility infrastructure on the site. pp w _ x i f d tj I Y y Icy 2 RESEARCH/SURVEY RESEARCH/SURVEY Internal Review Comments ■ If Council should determine this property to be surplus,City policy requires that the ' The following Departments were not property be offered to: interested in acquiring the property: •other City departments •Public Works(5) •other local agencies • Police •abutting property owners •CED •any parties having expressed an •Community Services interest in the property RESEARCH/SURVEY NEXT STEPS Outside Agency Review Comments ■ If Council should decide to declare this • WSDOT property surplus,abutting property owners and any interested parties would be • King County contacted. • Council Action: • Renton Historical Society Call for reading of the Resolution tonight(via motion or Committee report) or Hold the topic in Committee pending receipt of the new appraisal or No action(No surplus property declaration) 3 j� �►��e'c2� ® ��9�f,�1�C�0'yraluLGtJ Sylva Jean CoppZk 4-44-01-0/1 MY OF RENTON 10813 SE 172nd Street, Unit 2A Renton, WA 98055-5966 SEP 0 8 2011 Phone: 425-235-8076 — Email: SylvaCop @comcast.net RECEIVED CITY CLERK'S OFFICE September 5, 2011 City of Renton Community & Economic Development Attention: City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98057 Regarding: Surplus Property Fire Station 13 I have some concerns about the disposition of the property referenced, and the forested area adjacent on the east and south sides of that parcel of land. I have lived at Kelsey Court Condominiums on SE 172nd Street for nearly 20 years and have seen a great deal of wildlife in this area, particularly coming and going from the wooded parcel of land adjacent to where the fire station once stood. At various times I have seen as many as three raccoons at a time frequenting the area and have spotted a coyote from time to time. A doe, with her fawns frequents the woods each spring, and I've watched deer standing on the shoulder of the old Benson Road,waiting for traffic to clear so they can safely cross the road. There are also large communities of rabbits around the property and eagles often rest in the trees. I would be opposed to someone buying that small parcel of property, and then perhaps expanding their holdings to the adjacent wooded area, building a new housing development and, as a result, driving the wildlife away. I will plan to attend the hearing on September 12, 2011 to listen to the public comments from others in this area. A Sylva Coppock July 11, 2011 Renton City Council Minutes Page 222 Separate Consideration Item Mayor Law appointed Harold (KC)Jones to the Airport Advisory Committee, 7_b. Highlands Neighborhood -alternate (position previously held by Michael Appointment:Airport Advisory Krohn), for a term expiring 5/7/2013. Ref F* .* C i+* Committee Councilmember Palmer remarked that the Airport Advisory Committee may meet prior to the next Community Services Committee meeting. She stated that Mr.Jones is highly qualified to serve on the committee and would like to adopt the recommendation as Council concur, rather than referred to a committee. MOVED BY PALMER, SECONDED BY ZWICKER, COUNCIL APPROVE CONSENT AGENDA ITEM 7.b.AS COUNCIL CONCUR. CARRIED. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending approval Finance Committee of Claim Vouchers 303706-304600 and four wire transfers totaling Finance:Vouchers $4,967,940.45, and approval of 1,588 direct deposits,313 payroll vouchers, and two wire transfers totaling$5,410,523.50. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Palmer presented a report Committee recommending concurrence in the staff recommendation to authorize the CED: Determination of Surplus administration to initiate Surplus Real Property procedures(Administrative Property Status, Old Fire Policy and Procedure#100-12), and authorize ordering an appraisal of the Station 13 property known as Old Fire Station 13, located at 17040 108th Ave.SE,to f t � determine the fair market value of the subject property. The Committee also recommended that a public hearing be set on 9/12/2011 to consider declaring 1 the property as surplus. The Committee further recommended that administrative costs associated with the Surplus Real Property procedures be reimbursed to the facilities division from property sale proceeds, and that any proceeds balance be credited to the general government capital projects fund, Fund 316. MOVED BY PALMER,SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Safety Committee Public Safety Committee Chair Taylor presented a report recommending City Attorney:.Massage &Spa concurrence in the staff recommendation to approve the ordinance amending Business Regulations,Code RMC 6-15 entitled "Massage Business." It is well known that in some Amendment "massage" and "spa"establishments, prostitution and prostitution-related criminal conduct has been and continues to take place. The City has successfully prosecuted some purported "massage practitioners" who have added unlawful conduct to the services they offer. This City Code amendment will more effectively regulate massage establishments, massage practitioners, and improve the City's ability to address prostitution, promoting prostitution, and other criminal conduct that is occurring in some so-called "massage" and "spa" establishments. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY TAYLOR,SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 223 for ordinance.) COM MUNiTY SERVICES COMMITTEE_ APPR®VEC� BY COMMITTEE REPORT CITY :COUNCIL Date-- T July 11,2011 Declaring Surplus Old Fire Station.13 Property (Referred June 27,2011) The.Community Services Committee recommends concurrence in the staff recommendations.to authorize the administration to initiate Surplus Real Property procedures (Administrative Policy and Procedure #100=12), and authorize ordering of an-appraisal of the property known as Old Fire Station 13, located at 17040 108th Ave. SE, to determine the fair market value of the subject property. The Committee also recommends that a public hearing be set on September 12, 2011 to consider declaring.the property as surplus: The Committee further recommends that administrative costs associated with the Surplus Real Property Procedures be reimbursed to the facilities division from property sale proceeds, and that any proceeds balance be credited to the general government'capital projects fund, Fund 316. Marcie Palmer, C it Mandy Corman,Vice Chair Zwicker, `er cc: Chip Vincent,Planning Director Peter Renner,Facilities Director Bob Mac Onie,Mapping Coordinator . .. . June 27, 2011 Renton City Council Minutes Page 211 A proclamation by Mayor Law was read declaring June 27 to July 2, 2011 to be "Miss Washington Week" in the City of Renton,and encouraging all citizens to join in this special observance. MOVED BY BRIERE,SECONDED BY PARKER, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Mayor Law remarked that the Miss Washington Scholarship organization has chosen Renton as the host City for the third year in a row. He thanked Brad Brotherton,the Tea Palace Restaurant, and other local businesses for sponsoring the organization. Mayor Law announced that the pageant will be held on Saturday,July 2 at Lindbergh High School. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. Council: Meeting Minutes of Approval of Council meeting minutes of 6/20/2011. Council concur. 6/20/2011 Attorney: Massage&Spa City Attorney recommended adopting an ordinance to amend "massage"and Regulations, Code "spa"establishment regulations and penalties. Refer to Public Safety Amendment Committee. CED: Old Fire Station 13 Community and Economic Development Department requested authorization Property, Declare as Surplus to initiate the process for declaring as surplus City-owned property located at 17040 108th Ave. SE (Old Fire Station 13). Refer to Community Services Committee. Annexation: Gaile,SE 160th PI Community and Economic Development Department submitted 60% Petition to & 131st PI SE Annex for the proposed Gaile Annexation and recommended a public hearing be set on 7/11/2011 to consider the petition,43.6 acres located in the vicinity of SE 160th PI. and 131st Pl.SE. Council concur. Executive: Investigate Executive Department recommended approval of an Interlocal agreement with Assistance,SCORE&South the cities of Auburn, Burien, Des Moines, Federal Way,SeaTac,Tukwila,and County Cities SCORE (South Correctional Entity) regarding investigative assistance requests by SCORE. Council concur. (See page 212 for resolution.) Police: Domestic Violence Police Department requested review,comment,and authorization to submit a Victim Advocate Program, grant application and accept funds in the amount of$36,753 from the Edward Edward Byrne Memorial Byrne Memorial Justice Assistance Grant to help fund the Domestic Violence Justice Grant Victim Advocate program. Council concur. Utility: 2011 Surface Water Utility Systems Division requested amending the 2011 Surface Water Utility Utility Capital Improvement Capital Improvement Program budget, by increasing the budget for the Lake Program, Budget Amendment Ave.S./Rainier Ave. S. Storm System Replacement project in the amount of $350,000 by transferring$100,000 from the Green River Ecosystem Restoration project and $250,000 from the Hardie Ave.SW/SW 7th St. Storm System Improvement project. Council concur. MOVED BY BRIERE,SECONDED BY PARKER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending Finance Committee concurrence in the staff recommendation to authorize a waiver of Maplewood Community Services: High Golf Course fees for Renton, Hazen, Lindbergh, and Liberty High School golf School Golf Teams, Fee Waiver teams for the 2011 season in the amount of$11,600. MOVED BY PERSSON, Request SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT.* CITY OF RENTON COUNCIL AGENDA BILL . c . Subject/Title: Meeting: Determination of Surplus Property Status for Old Regular Council - 27 Jun 2011 Fire Station 13 Located at 17040108th Ave SE Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Community and Economic Development Resolution Staff Contact: Bob Mac Onie x7369 Recommended Action: Refer to Community Services Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Until recently, the property at 17040 108th Ave SE was used as Fire Station 13. In March 2008, the property located at 18002 108th Ave SE, King County Fire Station 40, was annexed to the City of Renton. As part of the annexation agreement with the County, the City took possession of Fire Station 40 with the intention of relocating Fire Station 13 to Fire Station 40. This relocation has been completed. Thus, the property located at 17040 108th Ave SE is no longer needed by the City of Renton. In order to sell or otherwise divest this property, it needs to be declared surplus. STAFF RECOMMENDATION: Approve initiation of the Surplus Property Procedures (Policy& Procedures 100-12) to include authorizing an appraisal of the old Fire Station 13 property and setting a public hearing date. DEPARTMENT I D City of�0� &ECONOMIC M E M O R A N D U M DATE: June 15, 2011 TO: Terri Briere, Council President Members of Renton City Council VIA: Denis Law, Mayor CC: Jay Covington,CAO FROM: Alex Pietsch, Administrator STAFF CONTACT: Bob Mac Onie, Mapping Coordinator(x7369) Peter Renner, Facilities Director(x6605) SUBJECT: Determination of Surplus Property Status for Old Fire Station 13 Located at 17040 108th Ave SE ISSUE: Until recently,the property at 17040 108th Ave SE was used as Fire Station 13. In March 2008,the property located at 18002 108th Ave SE, King County Fire Station 40,was annexed to the City of Renton. As part of the annexation agreement with the County, the City took possession of Fire Station 40 with the intention of relocating Fire Station 13 to Fire Station 40. This relocation has been completed. Thus,the property located at 17040108 th Ave SE is no longer needed by the City of Renton. In order to sell or otherwise divest this property, it needs to be declared surplus. RECOMMENDATION: The Administration requests Council approve the initiation of the Surplus Property Procedures (Policy& Procedures 100-12), authorizing an appraisal of the old Fire Station 13 property, and set a public hearing on this matter for September 12, 2011. BACKGROUND SUMMARY: On March 1, 2008,the effective date of the Benson Hill Annexation, King County Fire Station 40, located at 18002 108th Ave SE, became the new location of the City of Renton's Fire Station 13. Fire Station 13 has been relocated from the City-owned property located at 17040 108th Ave SE to the former King county Fire Station 40 property located at 18002 108th Ave SE and the original Fire Station 13 structures have been demolished. Thus,the property located at 17040 108th Ave SE will no longer be needed by the City of Renton. In order to sell this property,this property needs to be declared surplus. The City's Policy and Procedure 100-12 sets forth the process for declaring City-owned property to be surplus property. Initiation of the process requires City Council approval. Upon approval, Council must authorize that an appraisal be ordered and set a public h:\ced\planning\technical services\projects\fire station 13\issue paper.doc Terri Briere,Council President Page 2 of 2 June 15,2011 hearing date as nearly as possible to 60 days of this approval. At the conclusion of the public hearing and approval of the matter, Council shall declare the property to be surplus to the needs of the City of Renton and adopt a resolution which makes this declaration and which sets the amount of compensation. Upon adoption of such resolution,the property will be offered to other City departments, local governmental agencies, abutting property owners and any parties having expressed interest in the property. If the property is not sold,the property will be advertised for sale for one week following the public hearing using a sealed bid process. The highest and best offer received during the two weeks following this advertisement will be accepted. If the property is not sold during this bid process, marketing will continue on a first-come, first-served basis. h:\ced\planning\technical services\projects\fire station 13\issue paper.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING THE SITE OF OLD FIRE STATION 13, LOCATED AT 17040 108Th AVE SE, SURPLUS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SUCH DOCUMENTS AS NECESSARY TO TRANSFER TITLE. WHEREAS, the City of Renton after a news release and publication of a public notice for public hearing, did hold on the 1ST day of August, 2011, a public hearing to consider the issue of declaring certain real property surplus, such property being legally described in Exhibit A attached hereto and incorporated by reference as if fully set forth, such property being commonly known as Old Fire Station 13,the street address of 17040108Th Ave SE; and WHEREAS, those members of the public who wished to testify were duly allowed to testify and the testimony was considered by the City Council; and WHEREAS,the law requires an appraisal; and WHEREAS, the City administration has ordered an appraisal of the value of this real property; and WHEREAS, the City Council has determined that the sale of this property is in the public interest; NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The property in question is declared surplus. SECTION III. The Mayor and City Clerk are hereby authorized to sign the necessary documents to consummate the conveyance of the real estate that has been declared surplus, 1 RESOLUTION NO. contingent upon the property being sold for a minimum price as determined by appraisal except as permitted by RCW 39.33.010 and on the most advantageous terms, including price, that the City can obtain. PASSED BY THE CITY COUNCIL this day of 12011. Bonnie I. Walton,City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1511:6/16/2011:scr 2 he City Clerk D City of �PesPpST u ; o � ,off O� i Grady Way t t�rrvry s 98057-3232 O u 1D 2 1 , $ 00.414 wcn '+= 00042713599 AUG19 2011 ADDRESS SERVICE REQUESTED au- MAILED FROM ZIP CODE 98032 OF RsIv roN SEP 2 2 2011 9 3809000110 CITY ECEIVEp DESTATEWODROS+SENAIT:WMDU �ERKSOFF/CI 10825 SE 172N D ST U N IT'k;- RENTON, �ETU�i?i TO SENDE'R UNCLf4SMED UNAIBLC TO Ft7i WAF?o OC: x,90.573-- '°,:.',J25.r S4 Uv�� E.d u a v bO 3; � ZE � " �0 SUM E6 � a M2 lthr 00.2 4t 6 y 0075 o 0kf) U "M cxY+ O CM i � a� � ¢ c°�i. b � o� �-0 a-� � bqU r.ia oa� o � i � N -- ;; � 3 wca ¢,i --�� • � ° ono� '�U �= fl. ov�^v� o ¢� one �- Zoo o E ° d 3 = U o.E � o - o ff °,>,u a Y� CL to o r.U)IL O U 2 N �FU3 a� a ¢ .� d°� r STAID - i;i cr bA cd 0 Z Cd 0 9:14 I� O I��M a� � M 0. �1 m O U� cd C Qn � C% 3 n � cn E ^^� N V yam, CA pro ¢ bA cOC O O O� U c � G, O O O b-0 � .� bA3 00 04 Z cn H O M Z � o .dam man 00 �. � � H o CA ana� yo tp to N NNE C 3•� n t � 8 0 0A N C Q �. a°i b'o IC5 &:. 0 bpU to R N 3 �•oo. �� �.� ° ono o c, b... 3 a� o 'tau on 5 CL a° N U3 M..� o Q E� fe O CA O 'C O V1 a.. CL bA cC C) C CA O �' N O � � � O ,� •' � O � b�A � O ~ -- cd U m 1104 CA cl ci O � �O A b o U >,U r cd bA C r- O y b N p 6S cd N 4- Cl oz b 3 r. ° a� o °'1 °' o QUO cl aa ¢ dn3 H a, U m o cn e; ( � O r�o o EP n O Lnn n O rD o g c o c D .+ D � 00 M ' o Q n ° D ln D � o W� n m N rD X--. R m N <oj rD N X- �. m m m ::o < n - 0 -� m r m m n m o to m •i o O 0 . m 0 � O < O m D m = D m r., z w N m 00 iD D m p Z w D o H Dmo in� o -- '• X tD Z = N m OO 00 = Z 0 r^ � H ' m x N 0 O f R poi* O ,m, ') -Ino O �7o - O -4 ' = D O p u yr Z Q m m PRESORTED M Z'n PRESORTED ui C; ;o FIRST CLASS "n, f FIRST CLASS rJ ZHrl ;o D<-1 (D Z U wmc O m _ FJ [Dric O n tJ pIC = r;7;' Z +'t ,... !n o(A C'� n° o = m y 4V � °o UNI D �� UNI tF�s = 0 E� �� ti� �Q D o a 6% u1 Doll �� ^. a, r q t7 DO;rt O to rT' N Q O � O U Q �Q �ti y�� cn p Y co J aye h; rr O O O 1k CD tLi 4: 1� LOCATIONS OF POSTINGS FOR: Declaring as surplus the following real property commonly known as: Former Fire Station #13 Property, 17040 108th Ave. SE, Renton, Washington, Parcel ID#2923059168, Lot size: Approximately 20,000 SF; No Buildings; Zoned: R-14 (Residential, 14 dwelling units per net acre) 1. 5E: 1 �?Oihsl ► o Gt--kxk ccz- - W-5 2. t g 044-`5+ 1 r� 4. \\ 5. \\ 6. CERTIFICATION STATE OF WASHINGTON ) )ss COUNTY`O KING I C llrtieA i n 640cott,1 � hereby certify that � copies of e attached notice were posted by me regarding the property described above on the ILI day of at,,d►,I<C, , 2011. SIGNED t o�Xc ..................................................................................................................... SUBSCRIBED AND SWORN TO BEFORE ME this day of 2011. \\ II, V \ Printed Name. Cynthia)R. Moya C�:�o0a01ARY�c"N: NOTARY PUBLIC in and for the State of Washington, Residing at Renton PUBOG 0 IN My Commission Expires: 8/27/2014 cf+• k:' � =rF OF W Pg���i► Ty r4 NOTIeE RENTON CITY COUNCIL PUBLIC HEARING ON MONDAY, SEPTEMBER 12, 2011 AT 7:00 P.M. RENTON CITY HALL COUNCIL CHAMBERS 1 055 SOUTH GRADY WAY TO CONSIDER THE FOLLOWING: Declaring as surplus the following real property commonly known as: Former Fire Station #13 Property, 17040 108th Ave. SE, Renton, Washington, Parcel ID # 2923059168, Lot size: Approx. 20,000 SF; No Buildings; Zoned: R-14 (Residential, 14 dwelling units per net acre) i� I I I --- S !1:l th St I ► F— F-- I i i i 1 LU =ate-R 1 ( l a L 0 i ' f 1 C SE 172"d St n i : I I i i 1 jj w ) i �CO > f i Q r All interested parties are invited to attend and present written and/or oral comments. Complete legal description & further information available in the City Clerk's Office—425-430-6510 The removal, mutilation, destruction, or concealment of Warning ! this notice is a misdemeanor punishable by fine and imprisonment. August 19, 2011 CERTIFICATE OF MAILING STATE OF WASHINGTON ) COUNTY OF KING ) BONNIE I. WALTON, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that she is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 191h day of August, 2011, at the hour of 4:30 pm your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail to all parties of record, Notice of Public Meeting to consider the following: Declaring as surplus the following real property commonly known as: Former Fire Station #13 Property, 17040 108th Ave. SE, Renton, Washington, Parcel ID # 2923059168, Lot size: Approximately 20,000 SF; No Buildings; Zoned: R-14 (Residential, 14 dwelling units per net acre) Bonnie I. Walton, City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 19th day of August, 2011. 1 ' �1 , t l � �(,•, .... \ k1QTARy Cynt i R. Moya, otary Public In and for the State of Washington •r+�;•••B`� 1a '�0 \\ Residing in Renton "��. �� WAS�''���l� '�•�ii�I/I/lI T AN3AV-09-008-L f w.Ldn-dod paogaJ al jalengJ luawaolep ap sues , ®0915®Au3J1V 3lJaga6 al gas1113n wog°mane°nnnnnn ,ap use amyaey el g salldaa v ; ,salad a salpe;sauenbl 3 0087000285 0087000291 0087000293 SUBIC GEORGE&FRANCES TEUNG YAOTA SUBIC MARGERY PO BOX 89 PO BOX 78414 PO BOX 769 RENTON,WA 98057 SEATTLE,WA 98178 RENTON,WA 98057 0087000295 0087000296 0087000298 ROBISON JAMES L ROBISON JAMES+EDWARDINE NGY TENG+MORANY 9670 RAINIER AVE S 9670 RAINIER AVE S 17003 105TH AVE SE SEATTLE,WA 98118 SEATTLE,WA 98118 RENTON,WA 98055 0087000300 0087000305 2923059022 WILLIAMS CHARLES D BAKER G MARK M B INVESTMENTS 25603 E LK WILDERNESS DR SE 10011 SE 187TH ST 1851 CENTRAL PL S#225 MAPLE VALLEY,WA 98038 RENTON,WA 98055 KENT,WA 98030 2923059026 2923059028 2923059031 DIFRANCESCO LEONARD C LORANGER JONELLE NIEMI DONALD RICHARD+SYDNEY 105 HARVARD AVE E#106 18403 SE 224TH ST 17022 108TH AVE SE SEATTLE,WA 98102 KENT,WA 98042 RENTON,WA 98055 2923059052 2923059094 2923059107 NIEMI DONALD R+SYDNEY J SCHLAMP PHIL R+LINDA NIEMI DONALD RICHARD 17022 108TH SE 10825 SE 170TH ST 17022 108TH AVE SE RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 2923059128 2923059144 2923059145 LOWER KYNA J LYON R B BJORNSTAD DARLENE R TRUST 10819 SE 170TH ST 10817 SE 170TH ST 14624 SE 183RD ST RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98058 2923059147 2923059168 2923059176 KELLY LLANE RENTON CITY OF RUSSELL DANIEL&DEBRA PO BOX 19592 1055 S GRADY WAY 829 S 31ST ST SEATTLE,WA 98109 RENTON,WA 98055 RENTON,WA 98055 3809000010 3809000020 3809000030 KOLCZ ROBERTA I FLAGSTAR BANK FSB LEGGETT JILL L 10817 SE 172ND ST APT 3A 5151 CORPORATE DR 10817 SE 172ND ST UNIT C3 RENTON,WA 98055 TROY MI 48098 RENTON,WA 98055 3809000040 3809000050 3809000060 THOMAS DAVID E THOMPSON MICHAEL VARDANYAN EDUARD 10817 SE 172ND ST#3D 10821 SE 172ND ST#4A 10821 SE 172ND ST#413 RENTON WA 98055 RENTON, WA 98055 RENTON,WA 98055 3809000070 3809000080 3809000090 JUANEDA YARA SANCHEZ SERGIO L+ANALYNN C LINDSTROM JOYCE 10821 SE 172ND ST#4C 10821 SE 172ND ST#D 10825 SE 172ND ST#A5 RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 T ,uEa6p3 do-dod asodxa jaded paaj @09L5 aleldwq @)IGany astl ®09L5®BAH 03 aull 6012 pugg �� yr Slaqel 4b1aad,(se3 T Aa3Ae-09-008-1 11 pjogaj al jaIgAgj luawa6je43 r 0915 H3AV l!jege6 a!zeslyln ' ujorAaane•mmm 'a up a ajn 3e e e za,da op suas ® l P 4 q I . a ; aa!ad V sa!pel sauonbl13 3809000100 3809000110 3809000120 GASPAR ARTURO+VILLA ANITA DESTA TEWODROS+SENAIT WOLDU BONIFANT DEANN MARIE 10825 SE 172ND ST#B 10825 SE 172ND ST UNIT 5C 10825 SE 172TH ST#5D RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 3809000130 3809000140 3809000150 KELLAR ANN MARIE WOODS JENNIFER L LEWIS DANIEL 10829 SE 172ND ST#A6 10829 SE 172ND ST#6 B 10829 SE 172ND ST#C6 RENTON,WA 980555969 RENTON,WA 98055 RENTON,WA 98055 3809000160 3809000170 3809000180 GOLD GLADYS M SUTTER KEIKO+MARYOTT DANA G MILES RICHARD D 10829 SE 172ND ST#D6 10809 SE 172ND ST#1A 108096 SE 172ND ST RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 3809000190 3809000200 3809000210 MADFAI MARK CALLIA GINA+RUTLEDGE KEVIN COPPOCK SYLVA JEAN 3010 ILWACO AVE NE 10809 SE 172ND ST#1D 10813 SE 172ND ST#2A RENTON,WA 98059 RENTON,WA 98055 RENTON,WA 98055 3809000220 3809000230 3809000240 HART DONNA MAE TAMAYAO TERESITA T BACANI DENNIS P+MARIA CIELO 10813 SE 172ND ST#26 10813 SE 172ND ST 32C 10813 SE 172ND ST#D2 RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 3809000250 3809000260 3809000270 REALTY EXCHANGERS INC+NUNER LOOK JANAE D CH00 TIMOTHY+LOURDES 22732 126TH PL SE 350 106TH AVE NE#100 10833 SE 172ND ST#7C KENT,WA 98031 BELLEVUE,WA 98004 RENTON,WA 98055 3809000280 3809000290 3809000300 STEVENS KRISTIN L KELLEY MICHELLE TURPEN SUSAN K 10817 SE 172ND ST#7D 10837 SE 172ND ST#8A 8008 39TH AVE NE RENTON,WA 98055 RENTON,WA 98055 SEATTLE,WA 98115 3809000310 3809000320 3809000330 SIMPSON KEYSHA LOUIE GARLAN W SMITH LAURA L 10837 SE 172ND ST#8C 9311 MAYES CT S 10841 SE 172ND ST#A9 RENTON,WA 98055 SEATTLE,WA 98118 RENTON,WA 98055 3809000340 3809000350 3809000360 ONORATI KAREN M CONE CLARA L GARANA RICHARD 10841 SE 172ND ST 9 B 10841 SE 172ND ST#9C 10841 SE 172ND ST#D RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 3811300020 SEIM JOHN R+CHARLENE A 17203 109TH PL SE RENTON,WA 98055 T � Wla6P3 d0-dod asodxa jaded paa3 f ®0915 oleldwal @AjaAd asD i ®09L5®ANSAV i`11J i of oun 6uale puaa —Iaaa ASe7 CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 12th day of September, 2011, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98057, to consider: Declaring as surplus the following real property commonly known as: Former Fire Station #13 Property 17040 108th Ave. SE, Renton, Washington Parcel ID #2923059168 Lot size: Approximately 20,000 SF; No Buildings; Zoned: R-14 (Residential, 14 dwelling units per net acre) All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. For those unable to attend the public hearing, written comments submitted to the City Clerk by 5:00 p.m. on the day of the hearing will be entered into the public hearing record. Written comments must include the submitter's full name and address. Questions regarding the property may be directed to Bob MacOnie, Mapping Coordinator, at bmaconie@rentonwa.gov or 425-430-7369. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. Bonnie I. Walton City Clerk Published: Renton Reporter September 2, 2011 Account No. 50640 8/19/2011 — Notice sent to 58 Parties of Record per attached labels C. Moya cc: Bob MacOnie G t Private Rd � ' s st PI CO r CO Q 4 f I R t CO -�--. w SE 170th St ' 3 --� J i o i t t I-,i Fria�a�te-�d-- t i I � i C # t I 3 � a I 515 cw SE 173rd St sass Q N CD 3 File/Jame::ICEDIPIanninglGISIG IS�rojedslfire_depfl mxdslFire Station Vicinity Map 8xf 1-Aug2011.mxd o ,22 5 250 ... -Sur p p Surplus s P ro e�Y Fire Station 13 . ;� � . Feet August 10,2011 i 1:2500 ` =r� Vicinity Map Community& Economic Development Alex Pietsch,Administrator Adriana Abramovich,Planning Technician II " r� z ®Fire Station 13 Site City of _ Parcels T A113At1-09-008-6 wsdn-dad pjoclaj Of jalanaa lu8wa6jey:) ( ae e6 a gas►!� i W0XAJ9ne'M Mn ;ap w e ajry�e4 el q xallda8 ap sus, i �Q� ��a adds 2 sa33anbiI0 0087000285 0087000291 0087000293 SUBIC GEORGE&FRANCES TEUNG YAOTA SUBIC MARGERY PO BOX 89 PO BOX 78414 PO BOX 769 RENTON,WA 98057 SEATTLE,WA 98178 RENTON,WA 98057 0087000295 0087000296 0087000298 ROBISON JAMES L ROBISON JAMES+EDWARDINE NGY TENG+MORANY 9670 RAINIER AVE S 9670 RAINIER AVE S 17003 105TH AVE SE SEATTLE,WA 98118 SEATTLE,WA 98118 RENTON,WA 98055 0087000300 0087000305 2923059022 WILLIAMS CHARLES D BAKER G MARK M B INVESTMENTS 25603 E LK WILDERNESS DR SE 10011 SE 187TH ST 1851 CENTRAL PL S#225 MAPLE VALLEY,WA 98038 RENTON,WA 98055 KENT,WA 98030 2923059026 2923059028 2923059031 DIFRANCESCO LEONARD C LORANGER JONELLE NIEMI DONALD RICHARD+SYDNEY 105 HARVARD AVE E#106 18403 SE 224TH ST 17022 108TH AVE SE SEATTLE,WA 98102 KENT,WA 98042 RENTON,WA 98055 2923059052 2923059094 2923059107 NIEMI DONALD R+SYDNEYJ SCHLAMP PHIL R+LINDA NIEMI DONALD RICHARD 17022 108TH SE 10825 SE 170TH ST 17022 108TH AVE SE RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 2923059128 2923059144 2923059145 LOWER KYNA J LYON R B BJORNSTAD DARLENE R TRUST 10819 SE 170TH ST 10817 SE 170TH ST 14624 SE 183RD ST RENTON,WA 98055 RENTON,WA 98055 RENTON, WA 98058 2923059147 2923059168 2923059176 KELLY LLANE RENTON CITY OF RUSSELL DANIEL&DEBRA PO BOX 19592 1055 S GRADY WAY 829 S 31ST ST SEATTLE,WA 98109 RENTON,WA 98055 RENTON,WA 98055 3809000010 3809000020 3809000030 KOLCZ ROBERTA I FLAGSTAR BANK FSB LEGGETTJILL L 10817 SE 172ND ST APT 3A 5151 CORPORATE DR 10817 SE 172ND ST UNIT C3 RENTON,WA 98055 TROY MI 48098 RENTON,WA 98055 3809000040 3809000050 3809000060 THOMAS DAVID E THOMPSON MICHAEL VARDANYAN EDUARD 10817 SE 172ND ST#3D 10821 SE 172ND ST#4A 10821 SE 172ND ST#413 RENTON WA 98055 RENTON, WA 98055 RENTON,WA 98055 3809000070 3809000080 3809000090 JUANEDA YARA SANCHEZSERGIO L+ANALYNN C LINDSTROM JOYCE 10821 SE 172ND ST#4C 10821 SE 172ND ST#D 10825 SE 172ND ST#A5 RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 T00945® V Q a6P3 df1-dod asodxa ....e,., jaded paaj ®0965 a;eldwaj @faany asD ca salt StJOIe pt �e ! ! Sloel'oead Ase3 T �la3AV-09-008-L �W,dO-dod pjogaj al jalanaj luawa6jey� � 0915 H3AV luege6 al zesilm ' wo:)-Ajane-MMM ' a u, a ajn ie e e za,da ap suas P 3. q y I , q 8 ` , jalad 2 salpej sananbll3 J 3809000100 3809000110 3809000120 GASPAR ARTURO+VILLA ANITA DESTA TEWODROS+SENAIT WOLDU BONIFANT DEANN MARIE 10825 SE 172ND ST#B 10825 SE 172ND ST UNIT 5C 10825 SE 172TH ST#5D RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 3809000130 3809000140 3809000150 KELLAR ANN MARIE WOODS JENNIFER L LEWIS DANIEL 10829 SE 172ND ST#A6 10829 SE 172ND ST#6 B 10829 SE 172ND ST#C6 RENTON,WA 980555969 RENTON,WA 98055 RENTON,WA 98055 3809000160 3809000170 3809000180 GOLD GLADYS M SUTTER KEIKO+MARYOTT DANA G MILES RICHARD D 10829 SE 172ND ST#D6 10809 SE 172ND ST#lA 10809B SE 172ND ST RENTON,WA 98055 RENTON, WA 98055 RENTON,WA 98055 3809000190 3809000200 3809000210 MADFAI MARK CALLIA GINA+RUTLEDGE KEVIN COPPOCK SYLVA JEAN 3010 ILWACO AVE NE 10809 SE 172ND ST#1D 10813 SE 172ND ST#2A RENTON,WA 98059 RENTON,WA 98055 RENTON,WA 98055 3809000220 3809000230 3809000240 HART DONNA MAE TAMAYAO TERESITA T BACANI DENNIS P+MARIA CIELO 10813 SE 172ND ST#213 10813 SE 172ND ST32C 10813 SE 172ND ST#D2 RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 3809000250 3809000260 3809000270 REALTY EXCHANGERS INC+NUNER LOOK JANAE D CHOO TIMOTHY+LOURDES 22732 126TH PL SE 350 106TH AVE NE#100 10833 SE 172ND ST#7C KENT,WA 98031 BELLEVUE,WA 98004 RENTON,WA 98055 3809000280 3809000290 3809000300 STEVENS KRISTIN L KELLEY MICHELLE TURPEN SUSAN K 10817 SE 172ND ST#71D 10837 SE 172ND ST#8A 8008 39TH AVE NE RENTON,WA 98055 RENTON,WA 98055 SEATTLE,WA 98115 3809000310 3809000320 3809000330 SIMPSON KEYSHA LOUIE GARLAN W SMITH LAURA L 10837 SE 172ND ST#8C 9311 MAYES CT S 10841 SE 172ND ST#A9 RENTON,WA 98055 SEATTLE,WA 98118 RENTON,WA 98055 3809000340 3809000350 3809000360 ONORATI KAREN M CONE CLARA L GARANA RICHARD 10841 SE 172ND ST 9 B 10841 SE 172ND ST#9C 10841 SE 172ND ST#D RENTON,WA 98055 RENTON,WA 98055 RENTON,WA 98055 3811300020 SEIM JOHN R+CHARLENE A 17203 109TH PL SE RENTON,WA 98055 T X0915 ® ��J\� w,.a5p3 d0-dod asodxa ® jaded paaj 00915 aleldwal @AjaAV as0 of aun Now Pues SlanLn—MaA ASPI CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 12th day of September, 2011, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98057, to consider: Declaring as surplus the following real property commonly known as: Former Fire Station #13 Property 17040 108th Ave. SE, Renton, Washington Parcel ID # 2923059168 Lot size: Approximately 20,000 SF; No Buildings; Zoned: R-14 (Residential, 14 dwelling units per net acre) All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. For those unable to attend the public hearing, written comments submitted to the City Clerk by 5:00 p.m. on the day of the hearing will be entered into the public hearing record. Written comments must include the submitter's full name and address. Questions regarding the property may be directed to Bob MacOnie, Mapping Coordinator, at bmaconie@rentonwa.gov or 425-430-7369. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. Bonnie I. Walton City Clerk Published: Renton Reporter September 2, 2011 Account No. 50640 { Private Rd i S 9t U) i a o m � S 170th St > 86 O b f $ � Private-H- SE-17 n d"St 515 � t i > SE 173rd St S Q Ms's O I I 3 File Name :ICEDIP IanninglGISIGIS_projectslfire_dept) mxdsIFireStation13Wanity Map 801-Aug2011mxd —h. ..- Surplus Property Fire Station 13 0 125 250 ` Feet August 10,2011 \ r_ Vicinity Map 1:2500 . � Community& Economic Development Alex Pietsch,Administrator ®Fire Station 13 Site Adriana Abramovich,Planning Technician II f T Parcels �,,�r�r 1 ty of s i �� N ; + NOTICE RENTON CITY COUNCIL U LICH ARING ON MONDAY, SEPTEMBER 12, 2011 AT 7 :00 P.M. RENTON CITY HALL COUNCIL CHAMBERS 1055 SOUTH GRADY WAY TO CONSIDER THE FOLLOWING: Declaring as surplus the following real property commonly known as: Former Fire Station #13 Property, 17040 108th Ave. SE, Renton, Washington, Parcel ID # 2923059168, Lot size: Approx. 20,000 SF; No Buildings; Zoned : R-14 (Residential, 14 dwelling units per net acre) SE 170th St 3 Priva=te-Rd-- -- - Q s O I r SE 172nd St �172ncr i LU C�D CD y �� o r. Private Rd ! st t SE 17 th St LIJ LU E 1 � U.11 Private FidLL-�- cn Q > s Q O SE 172"d St SE772nd_ i 3 6 �TM i f � I LLJ 515 C/) SE 173rd St i a # tS O j 3 File Name::ICEDIPlanninglG/S1G/S�_projectslfrre_deptl mxdslFire Station 13 Vicinity Map 8x11-Aug2011.mxd Surplus Property Fire Station 13 l 0 125 250 eet August 10,2011 V Clnity Map 1:2500 •.��� a Community& Economic Development ' Alex Pietsch,Administrators ®Fire Station 13 Site Adriana Abramovich,Planning Technician II rti "` Cityof l r c ____! Parcels T ,N,. L.J NOTICE RENTON CITY COUNCIL U LICH ARING ON MONDAY, SEPTEMBER 12, 2011 AT 7:00 P.M. RENTON CITY HALL COUNCIL CHAMBERS 1055 SOUTH GRADY WAY TO CONSIDER THE FOLLOWING: Declaring as surplus the following real property commonly known as: Former Fire Station #13 Property, 17040 108th Ave. SE, Renton, Washington, Parcel ID # 2923059168, Lot size: Approx. 20,000 SF; No Buildings; Zoned: R-14 (Residential, 14 dwelling units per net acre) SE 170th St i LLJ ; > Pri�uate Fed--- --- i Q s 00 O t 1 s f s SE 172"d St ' 3 i f W CIO \� Q All interested parties are invited to attend and present written and/or oral comments. Complete legal description & further information available in the City Clerk's Office — 425-430-6510 ■ The removal, mutilation, destruction, or concealment of a r n n '■ this notice is a misdemeanor punishable by fine and imprisonment. CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 12th day of September, 2011, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98057, to consider: Declaring as surplus the following real property commonly known as: Former Fire Station #13 Property 17040 108th Ave. SE, Renton, Washington Parcel ID# 2923059168 Lot size: Approximately 20,000 SF; No Buildings; Zoned: R-14 (Residential, 14 dwelling units per net acre) All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. For those unable to attend the public hearing, written comments submitted to the City Clerk by 5:00 p.m. on the day of the hearing will be entered into the public hearing record. Written comments must include the submitter's full name and address. Questions regarding the property may be directed to Bob MacOnie, Mapping Coordinator, at bmaconie @rentonwa.gov or 425-430-7369. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. Bonnie I. Walton City Clerk Published: Renton Reporter September 2, 2011 Account No. 50640 , City of Renton Advertisement Request Display Ad (approx 3" X 4")to run in the Renton Reporter on August 26, 2011: Please provide two original Affidavits of Publication to Renton City Clerk, also. Charge to City Clerk account#50640. September 12 Public Hearing on Surplus Property " The City Council of the City of Renton will hold a public hearing on September 12, 2011, to take testimony on a proposal to declare as surplus the following real property commonly known as: Former Fire Station #13 17040 108th Ave. SE, Renton, Washington Parcel ID# 2923059168 Lot size: Approximately 20,000 SF; No Buildings; Zoned R-14 (Residential, 14 dwelling units per net acre) The hearing will be held at 7:00 p.m. in the Council Chambers, 7th floor, Renton City Hall, 1055 S. Grady Way, Renton. The Renton City Council will receive public comment and following the hearing may take action authorizing disposition of the above described parcel pursuant to state law. Anyone having questions regarding the property may contact Bob MacOnie, Mapping Coordinator, at bmaconie @rentonwa.gov or 425-430-7369. Questions regarding the public hearing may be directed to the Renton City Clerk at bwalton @rentonwa.gov or 425-430-6502. O� �r CITY OF RENTON, WASHINGTON ORDINANCE NO. 34.5 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM GENERAL CLANIFICATION DISTRICT (G) TO PUBLIC (MEDICAL, HEALTH, FIRE AND EDUCATION) DISTRICT (P-1) (R-046-80 - CJR FIRE DEPT.) WHEREAS under Chapter 7, Title IV (Building Regulations) of Ordinance No. 1628 known as the "Code of General Ordinances of the City of Renton", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as General Classification District (G); and WHEREAS a proper petition for charge of zone classification of said property has been filed with the Planning Department on or about May 5, 1980, which petition was duly referred to the Hearing Examiner for investigation, study and public hearing, and a public hearing having been held thereon on or about June 17, 1980, and said matter having been duly considered by the Hearing Examiner and said zoning request being In conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto, NOW THEREFORE THE CITY COUNCIL OF THE CIT Y OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I: The following described property in the City of Renton is hereby rezoned to Public(Medical, Health, Fire and Education) District (P-1) as hereinbelow specified; subject to the findings, conclusions and decision of the Hearing Examiner dated June 27, 1980; the Planning Director is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit: See Exhibit "A" attached hereto and made a part hereof as it fully set forth herein. (Said property being located at East side of Benson Road approximately 300 feet north of South 172nd Street) i r. r SECTION II: This Ordinance shall be effective upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL, this 4thday o" August, 1980. i! Z�ia.t� q Maxi ne 'E. Motor, DeputjCrty Clerk APPROVED BY THE MAYOR this 4th day of August, 1980. T.�4h�>C�3 •1 C.� Barbara Y. Sh npoch, Mayor Approved as to form: r Lawrence J. Warr , City Attorney Date of Publication: August 13, 1980 EXHIBIT "A" R-046-80 SOUTH FIRE STATION That portion of southeast quarter of Section 29, Township 23 Range 5 E. , W.M. , described as follows: North 100 feet of West 230 feet of South one-half of South one-half of Northwest one-quarter of Southeast one-quarter, less West 30 feet for highway. w 0 > lip J , 3 TH • ARM �Z •.pw il.• ice•f � {r'�, R M• AA O q 4"So 00 a W 11.5 S,R W iso' 20.Y C6 /RmA olN {i 1 T• RM- 900 ae•ars .R SOWK o I RM-900 rx STO O �s•aa w vi aoo' S_R� a RD-3,600 !RM� Boos %aft woo OD O r " PUBLIC SAFETY COMMITTEE COMMITTEE REPORT JANUARY 26, 1981 ARCHITECT FOR SOUTH END FIRE TION .-(referred 5/12/80) The Public Safety Committee recommends that no action be taken on this matter due to the fine efforts of the Fire Department and the portable-type construction of this facility. MUTUAL ASSISTANCE AGREEMENT WITH KING COUNTY FIRE DISTRICT #40 referred 12/22/80) The Public Safety Committee considers this agreement to be beneficial to both parties. It would be an initial step and could be expanded upon in the future providing both jurisdictions with increased pro- tection, assistance, and boundary areas. It is the Public Safety Committee's recommendation that the City enter into this agreement and the City Council authorize the Mayor and City Clerk to sign the agreement subject to the approval of the City Attorney. Robe Hughes, hairman Charles Shane r G z. andy. Rqrckh i 11 Aft - - Renton City Council 1/26/81 Page 3 Old Business - Planning and Development Committee - Continued C.H.G. Planning and Development Committee Chairman Rockhill presented International committee report re Earlington Woods Rezone R-097-80 and recom- Rezone R-097-80 mended the Council reverse the Hearing Examiner and grant the Continued rezone subject to conditions based upon the following errors of fact and law: (1 ) Conclusion No. 5 is in error in that the Hearing Examiner has jurisdiction to hear all applications for change of zone classifications which includes the power to alter or modify covenants included within rezone classification; (2) Conclusions Nos. 5 and 6 are in error in that the applicant has carried the burden of establishing there has been substantial change in circumstances in area since last rezone of property as required by Section 4-3010; specifically, the archeological developments; (3) The installation of off-site improvements required by the proposed P.U.D. is required as condition of the Planned Unit Development Application (PPUD 052-80) ; therefore, public interest of installation of all required off-site improve- ments is sufficiently protected. Therefore, the Committee recommended that Council reverse the Hearing Examiner decision and approve rezone subject to posting indemnity bond No. YS 815-1607 by Industrial Indemnity Co. in total penal sum of $1 ,885,965 bonding construction of off-site improvements on the subject premises, the withdrawal of existing restrive covenants and re-recording of new covenants covering the two separate parcels involved. MOVED BY ROCKHILL, SECOND REED, COUNCIL ACCEPT THE PLANNING AND DEVELOPMENT COMMITTEE RECOMMENDATION AND REFER THE MATTER TO THE WAYS AND MEANS COMMITTEE FOR ORDINANCE. Upon Council inquiry, C.H.G. International representative pointed out area on wall map of Parcel A, commercial area, and Parcel B residential area. William Lynn, Attorney for C.H.G. explained Parcel A is being purchased from Burlington Norther MOTION CARRIED. Stredicke asked the Administration to advise the Hearing Examiner of Council action and request review of the rezone materials, the Examiner to determine if the committee recommendations fully satisfy the needs of the development with report back to Council prior to adoption of the ordinance. Public Safety Public Safety Committee Chairman Hughes presented committee Committee report re 5/12/80 referral : Architect for South End Fire Station South End Fire and recommended no action be taken due to the fine efforts of Station the Fire Department and the portable-type construction of the facility. MOVED BY HUGHES, SECOND ROCKHILL, CONCUR WITH THE RECOMMENDATION. CARRIED. Mutual Assistance The committee report stated the committee has considered the Agreement with Mutual Assistance Agreement with King County Fire District #40 Fire Districe #40 and considered the agreement beneficial to both parties and could be expanded in the future providing both jurisdictions with increased protection, assistance and boundary areas. The committee recommended the City enter into the agreement and authorize the Mayor and City Clerk to sign subject to the approval of the City Attorney. MOVED BY HUGHES, SECOND ROCKHILL, CONCUR IN RECOMMENDATION OF THE COMMITTEE. Upon inquiry, Hughes noted the City has not been operating under the agreement previously. MOTION CARRIED. Transportation Transportation Committee Chairman Trimm submitted committee Committee report re traffic direction on Houser Way as referred 7/21/80. Traffic Direction ° The committee recommended concurrence in the Public Works on Houser Way S Department recommendations: (1 ) Change the existing two-way traffic operation on Houser Way S from Main Ave. S to Williams Ave. S to operate in a one-way westbound direction. The purpose of this action is to reduce vehicular use of Houser Way and thereby reduce conflicts with train traffic. Action will require installation of channelization, paint lines and traffic control signs. (2) Install two load zones and twenty-five parking stalls on Houser Way S between Main Ave. S and Williams Ave. S in order to provide businesses on Houser Way S the ability to access their business for loading and unloading supplies. The intent is to increase the amount of parking in surrounding area and to compensate for the removal of stalls along Main Ave. S. (3) Renton City Council 1/26/81 Page 4 Old Business - Transportation Committee Report - Continued Traffic Direction Modify the existing traffic signal phasing and timings at the Houser Way S intersections of Main Ave. S/Houser Way S/S 3rd St. and Main Ave S/S 4th St. to improve overall traffic flow in light of suggested improvements. (4) Add one hour time limits to all parking. Moved by Trimm, Second Shane, concur in recommendation of the committee. Councilman Clymer expressed opposition to item (1) as a disadvantage to traffic flow to Renton Hill and explained that once the traffic is removed from Houser Way S the Washington Utilities and Transportation Committee will not allow it to be replaced, that the action will increase traffic on S 3rd St. and no study has been made. Clymer had no objec- tion to the other items. Councilman Shane withdrew Second to the motion to adopt the committee report. Councilman Hughes recalled his prior request for condition of railroad tracks. Following discussion, it was MOVED BY TRIMM, SECOND REED, ADOPT THE TRANSPORTATION COMMITTEE REPORT OF ITEMS 1 , 2, 3 AND 4. ROLL CALL: 4-AYE: STREDICKE, ROCKHILL, TRIMM, REED; 3-N0: HUGHES, CLYMER AND SHANE. MOTION CARRIED. Renton Hill MOVED BY STREDICKE, SECOND REED, SUBJECT OF ALTERNATE ACCESS Access TO RENTON HILL BE REFERRED TO THE TRANSPORTATION COMMITTEE FOR REVIEW AND RECOMMENDATION BACK TO COUNCIL. CARRIED. Community Community Services Committee Chairman Reed submitted committee Services Committee report noting review of bids for demolition of the three dwell- Bid Award for ings located on recently acquired land (Cedar River Trail Project) . Demolition of The report concurred in the staff recommendation to award the Buildings contract to the low bidder, Squak Mountain, Inc. in the amount of $5,500 plus tax ($297) . The Mayor and City Clerk are hereby authorized to sign the proper contract documents. MOVED BY REED, SECOND HUGHES, COUNCIL CONCUR IN COMMfTTEE REPORT. Upon inquiry, Reed explained other uses of the building had been investigated but were not feasible. MOTION CARRIED. EXECUTIVE SESSION MOVED BY STREDICKE, SECOND REED, COUNCIL MOVE INTO EXECUTIVE Personnel SESSION AS PREVIOUSLY STATED (Page 1 ) . CARRIED. 9:05 P.M. The Council reconvened in regular session at 9:43 p.m. ROLL CALL: STREDICKE, ROCKHILL, HUGHES, CLYMER, TRIMM, REED; SHANE arrived at 9:46 p.m. Council President reported for the record that Council has met with the Human Rights and Affairs Committee and representatives of National Organization for Women, N.O.W. , and brought up to date on the hiring practices involved in hiring of the Personnel Director, interim report received, that Council has agreed to leave the matter with the Administration until the Administration comes before Council with the final report. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Clymer presented committee Committee report recommending first reading of an ordinance amending the P.U.D. Building Regulartions,Title IV,of the City Code relating to Ordinance Planned Unit Development. Following reading it was MOVED BY CLYMER, SECOND HUGHES, REFER THE ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE AND TO THE ENVIRONMENTAL REVIEW COMMITTEE. CARRIED. Resolution #2376 The Ways and Means Committee recommended reading and adoption LID #321 Sewers of a resolution declaring the City's intent to construct and Duvall NE install sanitary sewers in the vicinity of NE Sunset Blvd and Duvall Ave NE and to create L. I .D. 321 and set date of public hearing 2/23/81 . MOVED BY CLYMER, SECOND ROCKHILL, ADOPT THE RESOLUTION AS READ. Councilman Stredicke inquired re prelimi- nary, informational meeting between Public Works Dept. and residents of the area; question acknowledged and information to be forwarded. MOTION CARRIED. b "Ll 3��y r AA( S a 7^ sf >Y: r, •<� f y �h A a: Vr ' A,;m xr :c mill • y,. } �" ate. � Staff photo by DUANE HAMAMURA Ray Davis installs flag atop light standard in front of new fire station Will cut response ti nne Rer-&iton opens fire std"R&tioF%% to better serve south end By BILL SEIL said. "And that makes a slow station cleaned and organized. Staff Reporter response." A stop light will soon be placed Mobile facility in front of the station to allow Renton's growing south end got Growth was the main reason the firefighters to stop traffic on the its own fire station Thursday, new station was built.Annexation Benson Road when they respond substantially reducing the time it of property in the area of VGH, to a call. takes firefighters to respond to and the development of busines- The opening of the new fire emergency calls. ses and residential complexes, station is "just great," bringing Station 13, 17040 108th Ave. has made the south end perhaps fire protection much closer, ac- S.E.,opened for business at 8 a.m. the fastest growing section of the cording to William Murray, ad- Thursday and received its first city. ministrator of VGH. Station 13's call an overheated piece of The new station is strategically Carr Road access to Valley Gen- machinery at a factory—at 8:36 located to best serve the needs of eral gives the hospital added pro- a.m. the south end,firemen say.But if tection, in the event the Valley This is the third station for the future growth makes another site Freeway access is blocked off. Renton Fire Department. Station more favorable, the station is Federal funds used 11 is downtown and Station 12 is in built in such a way that it could be The new station is within blocks the Highlands. moved. of the King County Fire District Deputy Fire Chief Bruce Phil- The$196,000 station includes a 40 station at the Benson and lips said the new station will chop large mobile horne-like living un- Southeast 176th Street. The two minutes off of the response time it,and a metal shed big enough for departments recently signed a to fire and aid calls in the south two fire vehicles. But right now, new mutual aid agreement. end and in the Renton Hill areas. the station houses only one Construction of the new station The travel time to Valley General engine. was authorized by the Renton City Hospital, for example, has been There is no medical aid unit,but Council in its 1980 budget to a reduced by about.4S percent,and the engine is fultly equipped with maximum cost of $250,000, with is now two or three minutes.The medical equiptrient. Most of the most of the funding coming from Royal Hills area — a seven or men assigned to the station have federal revenue sharing,Phillips eight minute trip from the down- medical training. said. town station—now is much closer The living section of the station According to Phillips, the fire to fire protection. includes lounge, sleeping and department is considering re- Distance has not been the only kitchen areas for the firemen. questing two other new fire sta- problem in serving the south end Stop light coming tions in the future — one in the from the downtown station, ac- Three firem(m, including one Longacres area and the other cording to Phillips.Railroad cros- officer, man the station at all around Kennydale. If approved, sings have always been a poten- times. one could be built by as early as tial roadblock to fire engines.And Capt. Art Pringle, one of the 1982,Phillips said. steep hills tend to decrease the first men to work at the new According to Phillips, new sta- speed of fire trucks. station, said it ivas well equipped tions are not only needed to cut "You have to climb when you're and the living area was "almost down on response time, but to coming up the Benson,especially like a house."'l'he firemen spent house more equipment needed to with heavy equipment," Phillips most of their first day getting the protect a growing city. 5c,.�A/�, G n J I { Form 81 Affidavit of Publication STATE OF WASHINGTON, COUNTY OF KI1'IG, I SS. E. FREEBERG being duly sworn, says that she is the principal Clerk of Seattle Times Company, publisher of THE SEATTLE TIMES, a daily newspaper, printed and published in Seattle, King County, State of Washington; that it is a newspaper of general circulation in said County and State; that it has been approved as a legal newsppaper by order of the Superior Court of King County; that the annexed, a du licate copy o� being a re ail ad ,was published in said newspaper, and not in a supplement thereof, SOUrM 20�. and is a true copy of the notice as it was printed in the sng issue of said paper on the fol- lowing day or days December 31, 1980 $9.81 Ordinance No. 3498 soxyll Selig and that the said newspaper was regularly distributed to its pbscribers during all of said period. I , CITY OF RENTOIb WASHINGTON w a► p.., CfO N .Sall N CITY 4F i11�1f1OIL S�ASNNNiTO" PR I. �TN1q AND TRANSFER OF PYNOS WHEREAS tlN CRY of ResMnl VISO' -IN Aae Ae►aowe raphlep 0101UId�oled ffallelMM in a q/k11Nea teYeMwa W Rq�,.aar thirteenth ,91otltSgseld ,. Subscribed and sworn to before me this ay WHEREAS If Is neap y end qdVj",&Cft hla w raft~a a"M Will"~ 0ftill NMe and gush of January , 19 81 a�oraorbtlen and trple/er OWllla naCegary alld M Ale PW'c inteml and/er V*Vubilc"now,NOW THEREFORE THE CITII COUNCIL OF ' YO/I 6&AMEMIMbdow ' I Il"IMOTON• Mob Public in and for State of asninaton 'FOECTION residing t Seattle SECTION is TM DIItiC1dr �1 � lud antl Nratled M Sr/i ip s non I Oled r r T-LL O: End Fki r+ 5 r �S. Cww __ +aa►ssE+►aownrbr TWE C TY, - cS1 oillialaee 7ewlbtt ``. APPROVED tY THE MAY Dat Mier;N 10. > tt!GofOOra V•>fliliHiapb eICOY4 Adgpr�d ae to 4r►It: - (�!1,#**nc*J.Warren.CRY A*w w, -daMNFatlpaaWlu DetielNer-E1.AIM .'s„. Form 81 Affidavit of Publication STATE OF WASHINGTON, t ss. COUNTY OF KING, S C. BELL being duly sworn, says that she is the principal Clerk of Seattle Times Company, publisher of THE SEATTLE TIMES, a daily newspaper, printed and published in Seattle, King County,State of Washington; that it is a newspaper of general circulation in said County and State;that �r it has been approved as a legal newspaper by order of the Superior Court of King County; that the annexed, being a retail ad was published in said newspaper, and not in a supplement thereof, and is a true copy of the notice as it was printed in the regular and entire issue of said paper on the following day or days January 30 , 19 8 0 $8 . 18 _ and that the said newspaper was regularly distributed to its subscribers during all of said period. 1 CITY OF RENTON NOTICE OF PUBLIC NEARING 8T 1! RENTON CITY COUNCIL I NOTICE IS HEREBY GIVEN thct the Renton City Council has fixed the 11th day of February, 1980,at 8:00 p.m.in the Council Chambers of the Renton MLnicipol Building,Renton,Washington, as the time and ploce Tor o public hearing to consider the fall- Subscribed and sworn to before me this Twentieth day F I armexation of property to the City of Renton,Wosbing- �,,,_�>etty locoted east of 108th Ave.SE(Be..-Hwy.)and N mot SE 172+d St.Approximately 20,000 sq.ft.Proposed of F e b r u.a r y 1980 site for City of Renton fire station.City initiated pursuant to RCW 35A.14,300. l0. .. /" t / Complete legal desviption and mop on file in the City Clark's C //. office. " Any and all interested per sited tp be p,.—m--c Nofay Public UI awd Who S oW Washington app—I disapproval or Pi—on same, f1N1A1110 a} CITY OF RENTON ( Delores A.Mead, City Clerk I DATE Of PUBLICATION 1 January 23,19808 1-30-80 - - -"i Form 81 Affidavit of Publication STATE OF WASHINGTON, t ss. COUNTY OF KING, C. BELL being duly sworn, says that she is the principal Clerk of Seattle Times Company, publisher of THE SEATTLE TIMES, a daily newspaper, printed and published in Seattle, King County,State of Washington; that it is a newspaper of general circulation in said County and State;that �r it has been approved as a legal newspaper by order of the Superior Court of King County; that the annexed, being a retail ad was published in said newspaper, and not in a supplement thereof, and is a true copy of the notice as it was printed in the regular and entire issue of said paper on the following day or days January 30 , 19 8 0 $8 . 18 and that the said newspaper was regularly distributed to its subscribers during all of said period. CITY OF RENTON NOTICE OF PUBLIC HEARING, RY RENTCIN CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Coundl has fixed the 11 th.,day of feMpaty, 1980 at 8:00 p.m.in the Council C ::hamisers of the Raaion Munidpol Budding,Renton,Washington, "m'and pl°" Fa ° pab r hearing to `°„ider the Subscribed and sworn to before me this Twentieth {� s ed a"ncxotion of property to the City of Renton,Woshing- day q�,ope.ty located east of,108th Ave.SE iltemon Hwy.)and North�f SE 172nd St.Approximately 20,000 sq.ft.Proposed of February ' 1980 site-f<i..30 of N nto�Tire station.Giylnifiated pursuant to RCW ii I Complete legol description and map on file in the City Clark's Any and all interested pars,,,are im.aed to be present to oii7e II Notary Public In and tM S of Washington approval,disapproval or opinions on same. �� CITY OF RENTON Delores A.Mead, j City Cierk iI DATE OF PUBLICATION larluory 23,1980 8 1-3080 i A Service of TranxanvritnCorp,naliure " Filed for Record at Request of Name.........................{rl� � � � ?i D ........... Address.................................W'1!•!�Q-RS'lirs&'F! tom........................ ; ATTORNEYS AT LAW—-4 City and State................ • �QO S.2nd St. P Q flax ; �u6;T7®iitcii:itHA 9ti('u6 -------------------------- - - , Quit Claim Deed 0 THE GRANTOR S, M. W. LOTTO and MARJORIE LOTTO, husband and wife, and WILLIAM J. O'NEIL and VIOLA O'NEIL, husband and wife N for and in consideration of N conveys and quit claims to THE CITY OF RENTON, a municipal corporation the following described real estate,situated in the County of King State of Washington, together with all-after acquired title of the grantor(s) therein: That portion of Southeast quarter of Section 29-Township 23- Range 5 E.W.M. , described as follows: North 100 feet of West 230 feet of South one-half of South one-half of Northwest one-quarter of Southeast one-quarter, Less West 30 feet for highway SUBJECT TO unpaid installment payments for Utility Local Improvement District No. 33 of Cascade Sewer District, King County, Washington. This Deed is given for the purpose of construction, installation and maintenance of a fire station to be operated by the City of Renton. If the real property described herein is not so used within a period of ten (10) years from the date hereof, all title and interest conveyed hereby shall revert to the Grantors or their heirs. Dated----- ..... December �/ , 1979 .L J....,0 IL-•---- N:•:�.0 tl iaaau .� � ' ......... ..........., MARJIE LOT(T' rvidaei) �y ��� -- d 0 NEIL L.. B y...---------------------------•---- -------------------- . .....----... (Secretary) STATE OF WASHINGTON ) STATE OF WASHINGTON sa. 1t �• COUNTY OF............KIN.CY.................... Jt COUNTY OF......._................__.................... pn(}�'s dbd"rIl jty On this....................day of................. • ....... .................19............, 11. W, yV'l yv, �11: LTO, before me,the undersigned,a Notary Public in and for the State of Wash - TdILLIAM...�......A.'NEIL.VIOIA...0'•NEIlington,duly commissioned and sworn,personally appeared................................ to,",h1kown to be the individual described in and ..................................................._...................................................................................... viliot ii(id,the within and foregoing instrument, and.................................................................................................................................... :' 4edgsd that.....the signed the same .• 7 ,ad' k? to me known to be the............................President and..........................Secretary, t�i���tF;i�r.fee and voluntary act and)lsed, respectively,of.............................................:......._................................................ ..... seB'dpr],pQrposes therein mentioned. the ootporation that executed the foregoing instrument, and acknowledged ? the said instrument to be the free and voluntary act and deed of said corpor- ation,for the uses and purposes therein mentioned,and on oath stated that authorised to execute the said instrument and that the seal ..... "0)GI�1'fi,11' t my hand and official seal this affixed is the corporate seal of said corporation. I).eC,t Abl~>".. 19.79 Witness my hand and official seal hereto affixed the day and year first _ above written . ......._ _.... ............._.._............... ...... . .... _................................... Notary Public in a r the State of Wash. Notary Public in and for the State of Washington, ington,residing at... ..................... residing at.............._._�r ............................................... Form No.W746 s� i' - WARREN KELLOGG PENTON, VVASHiNGTON January 21 . 1980 A. ',,Tead , City Clerk '.Muni ci-pal Bldg . 5 5 9 - S,0 Re : Deed from Lotto 0' ?Veil_ to City of Renton Mrs . 'lead : 1",MClosed find the original of the Quit Claim Deed in , '.,e referenced transaction which has now been recorded 11ile No , 7912270174 , records of King County . Very truly yours , Daniel Kellogg cc : Nessrs Lotto and O' Neil ^, -., � . �• .. `''fir.. Renton City Council 1/21/80 Page 4 OLD BUSINESS - Continued Mayor Shinpoch Park Department to be commended for conservation of gas con- Update sumption. Salary survey completed, urged against prejudgement Continued until the mechanism for appeals completed. The Joint Policy Committee (Mayor is member) heard the proposals to King County for grant program; Renton Park and Planning Directors and staff members gave excellent pitch; will advise further. Problem re King County-Green River flood control - Kent, Auburn, Tukwila, Renton need to sign resolution - moved to Community Services Committee. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee recommended second and final readings Committee Report for the following ordinances : (First reading 1/14/80) Ordinance #3394 An ordinance was read ordering construction LID #315 sidewalks LID #315 on east side of Burnett Ave. S northerly from S 2nd St. Ordering MOVED BY CLYMER, SECOND TRIMM, ADOPT AS READ. ROLL CALL: Construction ALL AYES. CARRIED. Ordinance #3395 An ordinance was read establishing a South End Fire Station South End Construction Fund for purpose of acquiring land, construction Fire Station f building and purchase of equipment and manning facility. MOVED BY CLYMER, SECOND HUGHES, ADOPT ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3390 An ordinance was read establishing Cumulative Reserve Fund Library Fund No. 3390 for Library facilities construction. MOVED BY Cumulative Reserve CLYMER, SECOND SHANE, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3396 The committee recommended first reading for an ordinance LID #314 ordering construction for LID #314 area East Valley to Lind SW, Ordering sewers, water hydrants, curbs , gutters, sidewalks, lighting. Construction LID in amount of $5,660,000. MOVED BY CLYMER, SECOND ROCKHILL, of Improvements SUSPEND RULES AND ADVANCE ORDINANCE TO SECOND AND FINAL READINGS. CARRIED. City Clerk Mead read the ordinance. Motion by Clymer, second Shane, refer this ordinance back to the committee, Failed. MOVED BY TRIMM, SECOND STREDICKE, ADOPT THE ORDINANCE. ROLL CALL: 4-AYE: TRIMM, ROCKHILL, STREDICKE, HUGHES; 2-N0: SHANE AND CLYMER; 1-ABSTENTION: REED. MOTION CARRIED. Ordinance #3397 The committee recommended readings and adoption of ordinance estab- 19 0 Equipment lishing and adopting a new list of equipment rental rates to Rental Rates be effective 1/I/80. Following first reading, MOVED BY STREDICKE, SECOND ROCKHILL, COUNCIL CONCUR AND PLACE ON SECOND AND FINAL READING. CARRIED. Following second and final readings by the Clerk, it was MOVED BY CLYMER, SECOND STREDICKE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. First Reading The committee recommended first reading of an ordinance changing the zoning classification from GS-1 to SR-1 property located at west side of Union Ave. NE south of NE 10th St. ; known as Gustafson Rezone 292-79. Following reading, MOVED BY CLYMER, SECOND SHANE, REFER ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. Resolution #2314 The Ways and Means Committee recommended reading and adoption Fire Station of the following resolutions : Site #3 A resolution was read authorizing annexation of territory out- Public Hearing side the City limits for municipal purposes (near Benson Rd. ) and establishing a public hearing 2/11/80. MOVED BY CLYMER, SECOND STREDICKE, ADOPT RESOLUTION AS READ. CARRIED. Resolution #2315 A resolution was read approving a final plat for subdivision Tiffany Park 5 located on south side of SE 16th Place on Pierce SE, known as Final Plat Tiffany Park #5. MOVED BY CLYMER, SECOND SHANE, ADOPT THE FP-438-79 RESOLUTION AS READ. CARRIED. Renton City Council 1/21/80 Page 3 AUDIENCE COMMENT - Continued Storm Drain The letter from Public Works Director also suggested the property and Runoff owners on the lower side of Talbot Rd. S, including Mrs. Lobe Problems and Mr. Krebs, should take precautionary measures on their own Continued property to divert surface water to minimize damage, stating that the City will work with property owners to install tempor- ary asphalt berms along this section of roadway until the permanent improvements are installed later this year. Mrs. Lobe noted in reply to Gonnason's letter that Fire Depart- ment pumped basement of neighbor' s home December 14, due to runoff; that system was not functioning properly prior to 1/12/80 snow- melting runoff. Discussion ensued, Councilman Hughes reported viewing damage to area, suggesting an ''act of developer,'' noting problem did not exist prior to Victoria Park development and asked the Administration to follow through as indicated and questioned responsibility. Mayor noted update information available. OLD BUSINESS Committee of the Council President Trimm submitted Committee of the Whole report Whole Report recommending that each Council Member submit in writing his Committee views for a Council committee structure. Trimm noted receipt Structure of two reports (Hughes and Clymer) . Councilman Rockhill requested for the record that his name be added, being in agreement with the present system. Councilman Trimm noted 1/31 meeting for further discussion. Councilman Councilman Stredicke inquired re Brown Trucking special permit Stredicke noting additional trucks and buildings recently added. Stredicke recalled Council ' s acceptance of Community Services Committee recommendation for removal of the 6% utility tax from qualifying low-income senior citizens who receive special utility rate and explained new procedure whereby qualifying seniors are reimbursed the utility tax in amounts up to amounts of $37 as done in Bellevue; suggesting study and adoption of procedure. Councilman Counciman Hughes noted excellence of 1/18/80 Association of Hughes Washington Cities workshop for newly elected officials and Councilman Rockhill also found attendance rewarding. Hughes called attention to garbage collection neglected during snow and inquired as to reduction in utility billings. Mayor Shinpoch noted Deputy Finance Director Bennett would advise. Ways and Means Ways and Means Committee Chairman Clymer presented committee Committee Report report concurring in the Mayor's appointment of Mrs. Anita Appointment Warren to the Planning Commission for a three-year term effective Confirmed through January 31 , 1983. MOVED BY STREDICKE, SECOND SHANE, CONCUR IN RECOMMENDATION. CARRIED. Judges Pro tem The Ways and Means Committee recommended concurrence in the Mayor's reappointment of the following Municipal Court Judges Pro tempore for 1980: Robert Anderson, Peter Banks , Richard Conrad, Gary Faull , Robert McBeth. MOVED BY CLYMER, SECOND HUGHES, CONCUR IN RECOMMENDATION. CARRIED. Mayor Shinpoch MOVED BY ROCKHILL, SECOND HUGHES, CONCUR IN RECOMMENDATION OF Update THE MAYOR FOR REPORT AT THIS TIME. CARRIED. Mayor Shinpoch commended the Council re settlement with 21R; also Personnel Director, Administrative Assistant and Negotiator, as well as 21R (1980/81 labor contract) . The Mayor noted 1/30-31 meeting at Talbot Hill School re revised draft environmental impact statement for SR-515. Mayor Shinpoch explained as the City' s representative to the Metro Council ,, the recent vote to raise $16,000,000 - very little support for rate increase - 80% of riders are in Seattle. Renton hosted State Special Olympics Saturday made possible by Park Department, Park Board, Lions Club, volunteers and school district. On Friday Renton hosted Association of Public Housing Authority - Planning Director Ericksen and Ed Hayduk were speakers. Clint Morgan has been named 1/17/80 as Renton ' s Traffic Safety Representative to State TraffYe Safetv Committee and also serves on City 's Energy Conservation Committee along with Parness, Clark Petersen, and Gonnason. City has voluntary and mandatory gasoline/electrical curtailment plan. THIS SPACE P IDED FOR RECORDER'S USE: Transamerica Tide Insurance co ; , ^ � ,� *„ n 3 TF `` 'r— Filed for Record at Request of O cv N Name- --------- __ v ,. . . •---- .> ....... Address_._.. ------- . City and State...- ...... .=`------- -- -- -- 'IL u 'Y Quit Claim Deed 11*11!; Cli.\Vrorz S , M. W. LOTTO and MARJORIE LOTTO , husband and wife , and WILLIAM J . O' NEIL and VIOLA O' NEIL, husband and wife for and in eeeit�ider,,tion of a gift for municipal purposes conve�> an l watt tl;tim to THE CITY OF RENTON, a municipal corporation the follo%N ing described real estate, situated in the County of King State of Washington, together with all after acquired title of the grantor(s) therein: That portion of Southeast quarter of Section 29-Township 23- Range 5 E. W.M. , described as follows : North 100 feet of West 230 feet of South one-half of South one-half of Northwest one-quarter of Southeast one-quarter , Less West 30 feet for highway installment payments for Utility Local Improvement District No . 33 of Cascade Sewer District , King County , Washington. This Deed is given for the purpose of construction, installation and maintenance of a fire station to be operated by the City of Renton. If the real property described herein is notso used within a period of ten (10) years from the date hereof, all title and interest conveyed hereby shall revert to the Grantors or their heirs . I L)at�:ci December I 1079 ((�� i r T �WILLIAI� J. O'NEIL T ^ MARJ01 'E' E LOT TQ!', ,I;,,1 VIOLA O' NEIL XXXMX1y4X By ^�X �'f 1'f F; tlT ti":1S}i7�:GTON STATE OF WAS14INGTON 1 ss. ' ss. " 'F) KING ! COUNTY OF.-... --- . _... ...... y t 1 On this __.............. day of ...-. . . . .... 19. .... -. . t t t •, rl;}� call-4 F�, e e b or ..... - _.. . before me, the undersigned, a Notary Public in and for the State of Wash WILLIAM J. O'NEIL,-VIOLA ..0.'.NEIltngton, duly commissioned and sworn, personally appeared_ ' to me kneewn to hr the• individual described in and ....... __.... . .... ._. ...... ......... .. ... whc+ r x<n trd the «!thin and foregoing instrument, and .. - srd they signed the same to me known to be the _ .. . . .. . . . _ .President and._. _ _ Secretary. us Z' �1r ''r •e and voluntary act and deed, respectively,of.. .. . _ _ _.. ... __..... .. ...... . . fe�r *F,, a + :nd t url;ores therein mentioned. the corporation that executed the foregoing instrument. and acknowledged the said instrument to be the fret and voluntary act and deed of said corpor- ation, for the uses and purposr� therein mentioned, and on oath stated that authorized to execute the said in,trulnent and that the seal G11,'FN ,nder my hand and official seal this affixed is the corporate seal of said corporation. �2/J �I I •, December _. ., 19_7.9. Witness my hand and official seal hereto affixed the day and year first above written. .. .... ,...... . .... Notary I'til)lic ui and /f�rRr the State of Wash- Notary Public in and for the State of Washington, imoon. re,idcng at .. K residing at_ ._....-.-...:. Transamerica TiWe Insurance Go THl ,ACE -PR-0--V-1D-E- ROVIDED-FOR RECORDER'S USE: A Service of R r T E D Transamerica Corporation 77777F Filed for Record at Request of DEC 26 CITY OF RENiON MAYOR'S OFFICE Name......................... '� .- � ,Y ................. Address. W 1t7. � ..:� s -----.._.... .,NEYS AT LAVJ-- ,,:;s-3.2nd 51'. City and State ---------------- ' P:C 1*8> - ... --------------}----------- Quit Claim Deed THE GRANTOR S, M. W. LOTTO and MARJORIE LOTTO, husband and wife, and WILLIAM J. O'NEIL and VIOLA O'NEIL, husband and wife for and in consideration of conveys and quit claims to THE CITY OF RENTON, a municipal corporation the following described real estate,situated in the County of King State of Washington, together with all after acquired title of the grantor(s) therein: That portion of Southeast quarter of Section 29-Township 23- Range 5 E.W.M. , described as follows : North 100 feet of West 230 feet of South one-half of South one-half of Northwest one-quarter of Southeast one-quarter, Less West 30 feet for highway SUBJECT TO unpaid installment payments for Utility Local Improvement District No. 33 of Cascade Sewer District, King County , Washington. This Deed is given for the purpose of construction, installation and maintenance of a fire station to be operated by the City of Renton. If the real property described herein is notso used within a period of ten (10) years from the date hereof, all title and interest conveyed hereby shall revert to the Grantors or their heirs . DO e- c embe-r c -1979 - --- - ---Dated.__-y ----- - � � ' ------------------ ---- L 'l �---0 4!N --------------- ` .c._Q.�'>_=>--- (-In��v`idua'l) ?'' �MARJ IE LOT (ividual) V-16tA 0 NEIL XXIN --� By--------------------- (Secretary) STATE OF WASHINGTON ) STATE OF WASHINGTON i � COUNTY OF KING ss. Uiv.----•---••----......., GuTY OF................................................. ss. W.n Us day n rcq�►allx e� b orb On this.................... day of.-_...----....................................................... 19............, LV 11U, I`1t1K.1 bl LTO, before me, the undersigned, a Notary Public in and for the State of Wash- WILL.IAM...J. ....Q. NEI1,.,.V QLA,..O.'-NEII�ngton, duly commissioned and sworn, personally appeared................................ to me known to be the individual described in and whoi�c�:ked the within and foregoing instrument, and..................................................................................................... ... \ , o 14ad'Atkagir edged that ......they signed the same to me known to be the ............................President and..........................Secretary, a ......} It,��r. flee and voluntary act and deed, respectively,of.................................... --------- s 1 :'f2�t�aase3'apd,pUrposes therein mentioned. the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corpor- a ation, for the uses and purposes therein mentioned, and on oath stated that ..........................authorized to execute the said instrument and that the seal GT-VFN,'under my hand and official seal this affixed is the corporate seal of said corporation. f, Witness m hand and official seal hereto affixed the day and year first Lt...........D_ec.emb.e.x.. ........... 19.7.9.. above written. Y Y Y ....... Notary Public in and r th�e..,�Stpa��te of Wash- Notary Public in and for the State of Washington, ington, residing at...4 .................... residing at..................... -------------------------------------------------- Form No. w-748