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HomeMy WebLinkAboutMother's Park Property Sale (1986) •- I 1 Vi e rs 1'o,rl< . • WHEN RE IOR'ED RETURN TO: • • ii•r'i=i":.:'fir, itom :j I Iw,ING CUUIi I T REBD F ?a DC! Office of; th- City Clerk Cc1SH5L 4:,:4:4:7. 00 City of Renton 11 200 Mill Avei ue South Renton, WA 9,cO55 • STATUTORY WARRANTY DEED , C ® THE ITY OF RENTON , WASHINGTON a Washington Municipal vsiCorporaiti�in, for and in consideration of Ten Dollars ( $10 . 00 ) and t� other good and valuable' consideration in hand paid , convey( s ) ' and warrantl( s to EUGENE HORBACH, doing business as E&H Properties, a 0 sole proprietorship of Eugene Horbach, as his separate property , 1 the Cr followiing described real estate, situated in King County, State of CIO Washington: SeE a tached This deed is given in fulfillment of that certain real estate contract •etween THE CITY OF RENTON , WASHINGTON , a Washington Municipal Corporation, as Seller , and EUGENE HORBACH, doing busineiss as E&H Fr•perties, a sole proprietorship of Eugene Horbach , as ', his separate property , as Purchaser , dated December 23 ,. 1986 , and conditione• for the conveyance of the above-described property, 1 and the covenants of warranty herein contained shall not apply to ' any title, 'in erest or encumbrance arising by , through or under i' the purchaser in said contract, and shall not apply. to any taxes , assessm:�en s or other charges levied , assessed or becoming due subsequent to the date of said contract. Re,41 Estate Sales Tax was paid on this sale on December 23 , 1986 ; Receipt No . E0916977. I • 1 This Deed is given in replacement of a Statutory Warranty Deed dated D11ce ber 9 ,. 1987, which was lost before recording . Dated : March '=� 1988. /S THE CITY OF RENTON, WAS i2ICIRQ {, '"a, Was Wigton Municipal, C',4-ri,o-rat ion„ . • c ::: x)l1yv\ )'. RToL / © i y rK,ng Co. Recds Divion : C '� '' 1, (: ATTEST: , City Clerk Q �', . It`j(. .1V , Deputy . y 1 ' 1 • . 1 .• • STATE O� ASHINGTON ) ) ss COUNTY I F KING ) I ce . tify that I know or have satisfactory evidence that Earl Clymer an• Maxine E. Motor signed this instrument , on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of The City of Renton to be the fee and voluntary act of such parties for the uses and purposes mentioned in the instrument. 0 Dated : March IS'* , 1988. 0 T4CAD ri Ail it.- iittiA-M-iV N•tary public inland for the State Iof Washin• 6,n, residing at Rcnton.kiP3 Co kJ CiD My appointment expires : �/a-9/76 I ))- J5. 3 : 01: 3/15/88 - \` 1 • • 2 • • • ' I • • ,SCHEDULE 1 - DESCRIPTION OF PROPERTY RA/12 - _ t1. _,1 E RF.=1::c' F sl s I_PSHSL :; : i t�1 That portion of the Northwest Quarter of the Southwest Quarter of Section 8 , Township23 North , , Range 5 East , W.1.1. , in King County, Washington, described as follows : COMMENCING at the point of intersection of the Northerly • line of s'aid subdivision with the Northerly production of the Westerly 'IInakgin of Park Avenue North as shown in RENTON FARM PLAT, accordiny'�, to the plat recorded in Volume 10 of Plats , Page 97, in • King County Washington; es Then e Southerly along said margin as produced to a point thereon whi h is 715 feet North of the Southerly line of said sub- 4 divi sion, I aid the TRUE POINT OF BEGINNING; r4 Thence West parallel to and a distance of 715 feet North Q of the So,utl line of said subdivision to the Northerly production ' upof the cent rline of Pelly Avenue North (Pelly Street) as shown in RENTON FARM PLAT NO. 2, according to the plat recorded in Volume 11 of Plats, '1PlIye 32 , in King County , Washington; 'r'hene Southerly along said produced centerline to a point on the Northerly margin of North Gth Street (Gth Avenue North) which is 30 feet North of the centerline• .of said North Gth Street; Thence Easterly along said Northerly margin to the Westerly margin offs id Park Avenue North; Then a Northerly alongsaid West -etly • margin to the TRUE • POINT OF BEGINNING; • EXCEPT the South 185 feet of the East 107. 5 feet thereof as conveyed to Wesoc Corporation by deed recorded under King County Recording No. 4970240. • EXCEPT the South 10 feet thereof as conveyed to the City of Renton for r adway purposes by deed recorded under King County Recording l,Np. 0609111671. • SUBJECT TO a' utility easement over, across and under • the Westerly 15 feet, and water transmission easement over, across and under Ithe Southerly 15 feet of the Northerly 135. 5 feet of said `property. SUBJECT to a transmission line easement as recorded under King County Recording No. 01072405GO. I:SAFECO TITLE INSURANCE COMPANY --- 5TATE of..: „A„ Conveyan,.e --. ashington o�`, °�N r��—._ OEC23'8 T. OF i � , - 'l8D9'�'' _ REVENUE '+ • P.B.11031 • 1 V+y 4' ;,. ,,. CITY OF RENTOi v ,.;; Lawrence J. Warren, City Attorney ., '4 Daniel Kellogg - David M. Dean -Mark E. Barber - Zanetta L. Fontes -Theodor R. Parry Assistant City ttorneys March 15, 1988 TO: Maxine E. Motor, City Clerk FROM: Lawrence J Warren, City Attorney RE: Replacement Deed - Mother' s Park Property Dear Maxine: Enclosed please find a replacement Deed for the above property. The original of this deed dated December 9 , 191187, was lost before being recorded. Miter you have recorded this deed, would you please call Pam at Mr. Horbach' s office (454-5959) and give her the reoording number. Lawrence J. Warren CITY OF RF'TON apie tin Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 II I\ I lt) CITY OF RENTON %• �,or Lawrence J. Warren, City Attor ey s' .,.r-i.., Daniel Kellogg -David M. Dean-Mark E. Barber -Zanetta L. Fontes -Theodorle R. Parry 11 Assistant City Attorneys 1 December 18, 1987 . If I I TO: Ted Bennett FROM: Daniel Kellogg, Assistant City Attorney RE: Contribution Note from E&H Properties Dear Tefd: I haveienclosed to you a copy of E&H Properties' Promissory Not- for payment of the contribution to the City of Renton regarding the Mother' s Park project. The sum of $216, 250. 00 is payable; without ' interest through December 19, 1987, on December 19, 19871 the first anniversary ot the closing of the sale. I have contacted Mr. Horbach' s office to advise him that the Note is due ,on the 19th. If you do not receive these funds early next week, please contact me again' a.nd we will raise the level of urgency a ' little bit. 1, Ver ours, i Daniel Kellogg I DK/jw , Encl. cc: Mayor Shinpoch J8.15: 17 . i • • Post'Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 $216, 250 U.S. FUNDS Renton, Washington Date: December _, 1986 I PROMISSORY NOTE For value received, the receipt and sufficiency of which Jis hereby acknowledged, the undersigned, Eugene HorbaOh dba E&H Properties ("Maker") , promises to pay to The City f Renton; Washington, ; a Washington municipal corporation ("Holder") , the principal sum of Two Hundred Sixteen Thousa d Two Hundred Fifty Dollars ($216, 250) in lawful money of t e United States of America, together with interest thereon, all s hereinafter provided and upon the following agreements, ter s and conditions. INTEREST RATE. The entire principal balance of this Note shall bear no interest from the date of this Note until to first lanniversary of' the date of closing of the sale by Holder to Malcer of that certain improved real property commonly known as Mother's Park, Renton, King County, Washington ("Property") . PAYMENT IN FULL. The entire principal balance of this Note shall be due and payable on or before the first anniversary of the date of closing of the sale by Holder to Maker of the Property. PLACE OF PAYMENT. All payments pursuant to this Note shall ' be made to Holder at The City of Renton, Renton City Hall, 200 Mill Avenue South, Sixth Floor, Renton, Washington 98055 br such address as Holder may hereafter designate to Maker from time to time. j PREPAYMENT. ; Maker may prepay this Note at any time without penalty. DEFAULT INTEREST. If Maker fails to pay this Note in strict accordance with its terms, this Note shall bear interest from the date of default by Maker until the default is fully -- cured lat a default interest rate ("Default Interest Rate") bf ten peLcent (10%) per annum. APPLICABLE LAW. This Note shall be construed in accordance with and governed by the laws of the State bf Washington. ri":70 ("F'.13,)1:_,L411tV [1:51 CONTRIBUTION NOTE J\.\ ►_1 .29' HORBACH/RENTON Nov 24: 1986 WARREN KW OGG PY II + s r u • SUCCESSORS AND ASSIGNS, This Note shall inure to t ,e - benefit of Holder and any successor or assignee of Holder. COST AND EXPENSES. Maker shall pay all costs a d expenses which Holder may incur in connection with t e collection of this Note, including, but not limited to legal fees, court costs and reasonable out-of-pocket costs. (Maker);i 053 • Eu a 'H roach dba E&H ;Properties, his separate property • I � III ' II ! -2- CONTRIBUTION NOTE HORBACH/RENTON • • • WHEN RECORDED RETURN TO: Warren, Kel ogg, Barber , Dean & Fontes, P.S. Attorneys a Law P. O. Box 626 Renton, WA 98057 STATUTORY WARRANTY DEED THE, CITY OF RENTON , WASHINGTON a Washington Municipal Corporatio , for and in consideration of Ten Dollars ($10. 00 ) apd other good and valuable,: consideration in hand paid , convey( s ) a Id warrant ( s ) to EUGENE HORBACH, doing business as E&H Properties, a sole proprietorship of Eugene Horbach, as his separate property , t e following •escribed real estate, situated in King County, State f Washington: See attached This deed is given' in fulfillment of that certain real . esta e contract' between THE CITY OF RENTON, WASHINGTON , a Washington Municipal corporation, a,s Seller, and EUGENE HORBACH, doing business as E&H Properties, a sole proprietorship of Eugene Horbach, as his separate • roperty , as Purchaser , dated December 23, 1986 , a d conditioned for the conveyance of the above-described property, a d the covenants of warranty herein contained shall not apply to a y title, irit: rest or encumbrance arising by, through or under t e purchaser in said contract , and shall not apply to any taxe , assessment, or other charges levied, assessed or becoming d e subsequent to the date of said contract. Real .state Sales Tax was paid on this sale on December 23 , 1986 , Rece 'pt No. E0916977. Dated: December 9, , 1987. THE CITY OF RENTON, WASHINGTON, a Washington Municipal Corporation By:6.b .aa„Ail, fll.n.Pcx.R ' By: c e. e �2°s-Z`o-�J 1 STATE OF W' SHINGTON ) ss COUNTY OF ZING I cer ify that I know or have satisfactory evidence that Barbara. Y. Shinpoc and Maxine E. Motor signed this instrument, on oa h stated th- t they were authorized to execute the instrument a d acknowledg=d it as the Mayor and City Clerk of The City of Renton o be the fr :e and voluntary act of such parties for the uses a di purposes m=ntioned in the instrument. Dated: December 't, , 1987. tary Publi n and for the State a f Washington, Biding at My appointment expires : l & --q/ J5. 3: 01: 12 09/87 • !. ... . .,,, , , ci ,a.l'J ,, ' 0 :.' SCHEDULE 1 - DESCRIPTION OF PROPERTY ' • - '!i4.1`6 ',".^�,4 •- .. .:Tr./1 Jam'••-2'. '1 1. -.1 .. --;:.:;:;"!;(1.!'' `�r ,•::, PFI_E:' F ,m0 %q.3i1'G 4ir�+:. Tha por.tioriof the; Northwest Quarter of the Southwest ' Quarter of Section ,:"' � , ,;• Township 23 North , Range 5 East, W.M. , in �- ;,.erg:;;-:. King. Count' , .Washington, described as follows : COh1I`ENCING,#at:'.tlie point of intersection of ;:,. . ction the Northerly line ci ;:.":44 :? . of. ' a d 'subd 'v `sion 'with' the Northerly production of the 0--) Westerly ,m rgin ,of Parks Avenue North cV ;:,,'., ,:,; :a,;•}.' as shown in RENTON FARMPL T, cQ according o the4p.lat ; recorde'j in Volume 10 of Plats , Page 97 ' King County, Washington; co Thence .Southerly along said margin as produced to a poin thereon whi h . is`�.715'. feet North of . the Southerly line of said :sub- division, a ld the<;'1'RUE POINT BEGINNING; '1'h1en i 1 ara11e1. to : afd a dis tance of eS-t-'t 715 feet . ..,, ... . .. . .; . fe North of the Soul � � < ': -:: ' ,. . .. . , . ,,., . line' of :•said subdivisiOn to the Northerly products n of the ce'ntr '� rune ,of:<Pelly Avenue :•North (Pelly Street) as shown in RENTON FARM PLAT:; I NO. ' 2, .according . to- the plat recorded in Volume 11 of Plats, , P,ge 32 ',"in' King County ,. "Washington; Then' a Southerly ,along;;said produced centerline to a poi t on the Northerly 'margin of North ,; G th• Street (6th Avenue North) which is 30 feet North of the centerline .of said North G th Stre - t; , .Then : e Easterly along said Northerly margin to the Weste• ly • margin of s .id Park`;Avenue North;: i Then•e Northers I } aloe g .said Westerly . margin to the TRUE • POINT OF SE c IUNING;:;; '; :' • EXCE'T thelSouth 185 feet of the East 107. 5 feet t thereof as conveyed to Wesoc, Co'rpori)Lion by deed recorded under King County Reco ding °;No', : 497024U'' EXCE'T . the, South 10 feet . thereof as conveyed to the City •f Renton for oadway ,.. y purposes by deed' recorded .under . King County Recording ,N. . B609111671. • SUBJ CT TO ";a':utility. easement over, across and under • the Westerly .15 feet , and water transmission easement over, acro s and under , the Southerly 15 feet of .the Northerly 135 . 5 feet of ,said property. SUBJE T to: a: transmission line easement- as recorded under King County lecording No. 8107240568.- 1 ; , - hill' i �oTax—— ' 1 -=, '�s n�' n. ` ?{iIt i •_ I 4U _ — i.,- bEo..OF.DEC23'88 -1 ibliP 0 . 4. f r - t. — + _ ' EVENUE P.g.l1031 _ , I 1• t, I, ,. 1 '1".1-A-IL‘f!i/M (71Z.CA:-• ;');,, L. O OFFICE OF THE CITY ATTORNEY ! RENTON, WASHINGTON V 0 T - POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8678 o LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY '/,O I ' DAVID M. DEAN, ASSISTANT CITY ATTORNEY * ' MARK E. BARBER, ASSISTANT CITY ATTORNEY RATED SEPT- q. a September 17, 1986 ZANETTA L. FONTES, ASSISTANT;CITY ATTORNEY MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY Mr•. Thad 'lston First Int=rstate Center Suite 1,4511 Seattle, A 98194 Re : H. E. Properties Purchase of Mother' s Park Property Dear Thad: You will ecall that by my letter of September 3, 1986 I in- formed yo that the Environmental Review Committee of the City of Renton had determined that it was appropriate to waive the ten foot dedication along Park Avenue North which had been re- quired as a condition of the recent rezone of the property. The, City Coun' il considered that recommendation at its meeting on September 15 , 1986 and has approved the waiver of the dedication requireme t. Thus, the net area of the property will be increased to 154 ,463. 97 square ,fe:t. This will increase the purchase price to $1,235,700. 00, and the c, aritable contribution to $216 ,250. 00. • I have enl losed for your use and information, a revised legal de- scription for the property. This description includes the easterly ten feet ; long Park Avenue North and excludes the southerly ten feet alone North 6th Street which the City intends to retain for roadway p rposes. That ten foot strip was segregated by Deed re- corded unser a King County recording number 8609111671. We have h-ard nothing from you since my letter to Mr. Horbach of August 27 , 1986 and my letter to you of September 3, 1986. We a're eager to onclude these negotiations . Therefore, I would appreciate receiving a response to you at your earliest convenience outlinin' any remai ing areas of disagreement so that we can conclude this matter at an early date. • i I Mr. Thai) Alston Septeanb:r 17, 1986 Page , 2_ If we Ica to conital the of any further assistance to you, please feel free Very truly yours, I Daniel Kellogg DK/jw 1 Encl. ,I cc: Mayo Shinpoch cc: John Webley cc: Dan elements cc: Dick i oughton cc: Mike •arness • 11 I ' I it I ' • 1 1 That portion of the Northwest Quarter of the Southwest Quarter of ection 8, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows: I CTMM' NCING at the point of intersection of the Northerly line of Sal. subdivision with the Northerly production of the Westerly0aigin of Park Avenue North as shown in RENTON FARM PLAT, according t• the plat recorded in Volume 10 of Plats, Page 97, in King County . Washington; TIen, e Southerly along said margin as produced to a point thereon w,hi h is 715 feet North of the Southerly line of said sub division,; a d the TRUE POINT OF BEGINNING; Theme West parallel to and a distance of 715 feet North 11 of the Solute line of said subdivision to the Northerly production ' ; of the centerline of Pelly Avenue North (Pelly Street) as shown in'. RENTON FARM PLAT NO. 2, according to the plat recorded in Volume 11 of Plats,,jPJge 32 , in King County, Washington; Thlenue Southerly along said produced centerline to a point on *the Noirt erly margin of North 6th Street (6th Avenue North) which is 30 feet North of the centerline of said North 6th Street;', Then• e Easterly along said Northerly margin to the Westerly margin of; s.,id Park Avenue North; Then• e Northerly along said Westerly margin to the TRUE POINT OF BEGINNING; EX';CE°T the South 185 feet of the East 107. 5 feet thereof as conveyed to Wesoc Corporation by deed recorded under King County Recording No. 4970240. EXCE'T the South 10 feet thereof as conveyed to the City of Renton for .oadway purposes by deed recorded under King County RecordingH. . 8609111671. TOGETHER with a utility easement over, across and under the Wester] 15 feet, and water transmission easement over, across , and •,underlt e Southerly 15 feet of the Northerly 135. 5 feet of said property. 1 • SU]BJ*CT to a transmission line easement as recorded under King County Recording No. 8107240568. CITY OF RENTON 4$ ,; Lawrence J. Warren, City Attorne Daniel Kellogg - David M. Dean-Mark E. Barber - Zanetta L. Fontes -Theodore R Parry IMMO Assistant City Att rneys February 6 , 1987 TO: 1 taxine Motor, City Clerk FROM': Daniel Kellogg,, Assistant City Attorney RE: "ale of Mother' s Park Dear' M.dam Clerk: Enclosed please find the original recorded Real Estate Contrast in connection with the above-referenced matter. i Very truly yours, � 1 Daniel Kellogg DK/jw Enc11. cc: Dan Clements cc : ' Mayor Shinpoch CITY OF RENT ON FEB 9 1987 .Gilt OFFICE. COWS mE 0 • Post Offir�e Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 F9Egu.u'r imuORD AT REQUEST OF "SAFECO TITLE INSURANCE COMPANY EAL ESTATE CONTRI,..T ?fi15 4th AVENUE, SEAATLE, WA 98121 1 THIS CONTRACT,made and entered into this a 3-E ct. day of December, 1986 1 between TI-E CITY OF 'RENTON, WASHINGTON, a Washington Municipal Corpor.tion . ' 1 • I EUGENE, HORBACH, doing business as E&H PROPERTIES, hereinafter called the"seller,"and . . CO a sole proprietorship of Eugene Horbach, as his separate property. 1 hereinafter called the"purchaser," 1 CO C'\J WITNESSETH: That the seller agrees toy sell to the purchaser and the purchaser agrees to purchase from the seller the following C\J described real estate, with the appurtenances, in Renton, King County, State of Wash' gton: CO Which is described in Schedule 1 hereto. Additional terms of thus Contract are Iset forth in Schedule 2 hereto. If there i - a 'conflict between the terms of this instrument and Schedule P , the terms of Schedule 2 shall govern. SAFECO ; ITLE INSURANCE COMPANY . , SAFECO TITLE INSURANCE COMPANY _....- o, STATE' IF is kreo Conveyance ` ';; —� S•IATE OF �Esmrro� Conveyance • hi yton o� Tax;— _. , , Sh o % Tax--- _ ington f . _ __ DENT.OF DEC23'86 �yi�3 :' 8 L ', U U' — • ""' CO DEPT.OF DEC23'86:II 'yry�/a°'� 2 �, -- n'® --'1 - ,_ .REVENUE PB.11031 REVENUE p13,11031 Thrt Te and conditions � contract' tn�d Seven Hundred follows: The purchase priceisOne Million Two Hundred y_fFi e Thousand a ($1 ,2 3 5 ,7 0 0. 0 0) Dollars, lof • hich Two Hundred Forty—Seven Thousand One Hundred Forty 0247,140.00 ) Dolla have been paid,the'Irecei t whereof is hereby acknowledged, and the balance of said purchase price shall be paid as follows: In quar1te ly installments of interest only ($ 1D liars, or more at purchas is option,on or before the 1st day of Ap r i l , 1 7 , and ** • . ($ , ) D liars, or more at purcha er's option, on or before the day of each succeeding calendar month until the balance o said purchase price;shall have been fully paid. Thel purchaser further agrees to pay interest on the diminishing balance of said purchase price at the rate of ' per cent per annum from the day of , 19 , which interest]shall be deducted from each installment payment and the balance of each payment applied in reduction of pri dpal. The Cityof .Renton Finance Department All payments to be made hereunder shall be made at r p or at such other place as the seller may directin writing. 200 Mill Avenue South, Renton, WA 98055 ** continuing on the first day of every third month thereafter until A Dece ,tuber 31, 1989, when the principal balance, and any interest unpaid thereon, shall be:paid in full. The principal balance shall bbear interest at the rate of 8.00% per annum. A NO�S9 LE TAX A 1 • DEC 23 PAID -� OFFIGF OF THE �lPTRQLLER ; As referred to in this.contract,"date of closing'shall be December 19 , 1986 " l tV9't°n I -, rtg» - _ _...Deputy ,' (1) The purchaser assumes and agrees to pay before delinquency all taxes and assessments that may as bet eel: 6/audui oink gia,dee hereafter'become a lien on said real estate; and if by the terms of this contract the purchaser has assumed payment of any mo tgage, Qcontract or other er.cumbrance, or has assumed payment of or agreed to purchase subject to, any taxes or assessments now a lien o said J real estate, the purchaser agrees to pay the same before delinquency. (2) The purchaser agrees, until the purchase price is fully paid, to keep the buildings now and hereafter placed on said real estate insured to the!actual cash value thereof against loss or damage by both fire and windstorm in a company acceptable to the seller a d for the seller's benefit, as his interest may appear, and to pay all premiums therefor and to deliver all policies and renewals ther of to the seller. (3) The urchaser agrees that full inspection of said real estate has been made and that neither the seller nor his assigns shall b held ul to any covenant respecting the condition of any improvements thereon nor shall the purchaser or seller or the assigns of either be h Id to any covenant or agreement for alterations;improvements or repairs unless the covenant or agreement relied on is contained herein or is in writing and'lattached to and made a part of this contract. (4) The purchaser assumes all hazards of damage to or destruction of any improvements now on said real estate or hereafter laced thereon,and of the .aking of said real estate of any part thereof for public use; and agrees that no such damage,,destruction or taken shall constitute a failure of consideration. In case any part of said real estate is taken for public use, the portion of the condemnation ward remaining after payment of reasonable expenses of procuring the same shall be paid to the seller and applied as payment on the pu chase price herein unless he seller elects to allow the purchaser to apply all or a portion of such condemnation award to the rebuilding or rstora- tion of any improvements damaged by such taking. In case of damage or destruction from a peril insured against, the proceed o such insurance remaining after payment of the reasonable expense of procuring the same shall be devoted to the restoration or rebuilding of such improvements llwith n a reasonable time, unless purchaser elects that said proceeds shall be paid to the seller for application on the purchase price.ihereia. I (5) The seller has delivered, or agrees to deliver within 15 days of the date of closing, a purchaser's policy of title insurance in standard form,l or a commitment therefor, issued by Transamerica Title Insurance Company, insuring the purchaser to the full amo nt of said purchase rice against loss or damage by reason of defect in seller's title to said real estate as of the date of closing and contain' g no exceptions other than the following: 1 a. Printed general exceptions appearing in said policy form; b. Liens or encumbrances which by the terms of this contract the purchaser is to assume, or as to which the conveyance her under is to be;ma e subject; and 1 C. Any existin contract or contracts under which seller is purchasing said real estate, and any mortgage or other obligation, hich seller by thi contract agrees to pay,none of which for the purpose of this paragraph (5) shall be deemed defects in seller' title. Form No.W-I14.2 Rev.6-SO F }SCHEDULE 1 - DESCRIPTION OF PROPERTY I , 86:r12/23 #1613 E RECD F 8.00 • t_PS H SL :t::}:$::t R q I_I0 Tila . portion of the Northwest Quarter of the Southwest Quarter of Section 8, Township 23 North , Range 5 East, W'.M. , in King County, Washington,I described as follows : 1 CO M •LACING at the point of intersection of the Northerly "- line. of. Sai subdivision with the Northerly production of the Westerly Oa gin of Park Avenue North as shown in RENTON FARM PLAT, Cv according t• the plat recorded in Volume 10 of Plats, Page 97, in King County Washing ton; Then e Southerly !along said margin as produced to a point thereon wlhi h is 715 feet North of the Southerly line of said sub- division, aid the TRUE POINT OF BEGINNING; Then e West parallel to and a distance of 715 feet North of the Soiuth line of. said subdivision to the Northerly production of the ce,nt:rline of. Pelly Avenue North (Pelly Street) as shown in RENTON FARM PLAT NO. 2, according to the plat recorded in Volume 11 ' of Plats,.; P ge 32, in King County, Washington; 'i'hn,e Southerly along said produced centerline to a point on the Nortlerly margin of North 6th Street (6th Avenue North) 1 which is 30 feet North of the centerline.-of said North 6th Street; . Th(enee Easterly along said Northerly margin to the Westerly , ' margin ofIs .id Park Avenue North; Then•e Northerly along said Westerly . margin to the TRUE • POINT OF BEGINNING; EXCE'T the South 185 feet. of the East 107. 5 feet thereof . as conveyed to Wesoc Corporation by deed recorded under King County Reco ding No. 4970240. . EXCE'T the South 10 feet thereof as conveyed to the City of Renton foi oadway purposes by deed recorded under King County Recording ,ti. . 8609111671. I . SUBJECT TO a' utility easement over, across and under • the Westerly 15 feet, and water transmission easement over, across and underth- Southerly 15 feet of the Northerly 135. 5 feet of said property. SUDJE T to a transmission line easement: as recorded under 1 King County recording No. 8107240568. SAFECO TITLE INSURANCE COMPANY _— . STATE OF . . �,,,,„0 Conveyance 7 • ton Iv -.--Tax— _ c.a DEPT.'OF DEC23'86 'y IO89'°~�; 0 2 4. Cl 0 _• REVENUE pg,II03I _= • I. , r I Wke ,1 I 1' I. . 1 '' . w• §CHEDULE2 - REAL ESTATE CONTRACT 1. hEEP RELEASES. . Seller shall deed release any part of the real estat designated by Purchaser by partial fulfillment deed if the following 'conditions are :met: (a) Purchaser pays a principal thepurchase P payment with respect to price (by way of the downpayment or prepayment) in the amount of Eight and Sixty Hundredths Dollars ($8. 60) !oil each square foot of the real estate which is released t Purchaser.'. or) • ,D (b) The part .of the real estate which is conveyed to --- Purchaser ' by partial fulfillment deed constitutes a legal lot N and is not in violation of the subdivision or platting statutes cv or applicable laws, ordinances or regulations. CD ('c) The real estate shall be released in contiguous parcels, ;commencing at the South end of the real estate and proceeding; to the North end of the real estate. Notwithstanding the foregoing provisions for partial release of parts of the real estate, Seller shall fully conv®y all of the real estate which is the subject of this real estate • contract to Purchaser ' ,upon payment in full by Purchaser of the balance of the purchase price for the real estate in accordance with the terms of this Real Estate Contract. 2. Q; HER TERMS. All terms . of this Real Estate Contract which are not specifically modified by the provisions of this Sc gdui a .a shall remain in full force and effect. 3. RELOCATION OF. EXISTING UTILITY EASEMENTS. Seller hereby agrees that Buyer may, at Buyer' s sole costa, and expense, relocate any existing utility easements located on the Property. (Seller) , The City bf Renton, Washington, m a Washington muncipal corporation - -" • • By O &kJ S DC . . Its— 'Jac _ :�` • Its Ci C/erg 86 (Purchases ) 443/4-k4 Et�gen Horbach dba E&H Properties, as his r eparate property • • • REAL ESTATE PURCHASE AND SALE AGREEMENT This is an agreement ("Agreement") made on November 5, 1986, } et een E&H Properties, a sole proprietorship of Eugene Horbach,; ,: s his separate property ("Buyer") and The City of Renton, Washington, a Washington Municipal corporation ("seller;") Buyer and Seller agree as- follows. 1. RECI ALS. 1.1'1 Seller owns the improved real property described in Schedu e 1 to this Agreement ("Property") and is willing to - sell the Property to ; Buyer pursuant to this Agreement. The Property; s commonly known as Mother's Park, Renton, King County, Washington. 1. 2 Buyer is willing to purchase the Property from Seller p,ur•-uant to this ;Agreement. 2 . PURC ASE PRICE AND PAYMENT TERMS. 2 .11 The purchase price for the Property shall be Eight Dol ars ($8 . 00) per square foot of the Property as determined by a survey 'of the Property which Seller has provided to Buyer. The parties agree that the Property consists of 154 , 463 .!97 square feet. Therefore, the purchase price for the Property; •.hall be One Million Two Hundred Thirty-Five Thousand Seven Hulnd ed Dollars ($,1, 235,700) . 2 .'�2 Buyer shall pay Seller the purchase price for the Property pursuant to a real estate contract ("Real Estate Con.tract") Form A-1964 , which shall provide for a downpayment in cash' . t closing in the amount of twenty percent (20%) of the purchase) rice. Buyer, shall pay Seller the downpayment in cash at closin• . The Real Estate Contract shall provide that the balance loi the purchase price shall be paid by Buyer to Seller in quarterly installments of interest only at an interest rate which is the average interest rate quoted by Traveler's Insurance Company, Aetna Life & Casualty Company and Banker's - Life ("Mortgage Lenders") for loans for a term of three (3) years, ro nded to the nearest one-eighth (1/8th) of a percent. Buyer sha 1 provide Seller with a written quote of such interest rates fro Mortgage Lenders no later than December 10, 1986. The Real : state Contract shall be in the form attached hereto as Schedule! and shall , be paid in full on or before the third (3rd) ann versary of the Closing Date. The Real Estate Contract shall prbv 'de for deed releases in the manner therein specified. 3 . EARN:ST MONEY AND LISUIDATED DAMAGES. I 3 . 1 On the date of this Agreement, Buyer is . . . delivering to Seller three (3) originals of this Agreement signed by Buyer and an original Earnest Money Note in the amount of One ,; Hundred Thousand Dollars ($100, 000) in the form attached hereto as Schedule 2 ("Earnest Money Note") . The Earnest Money Note shal be due and payable on the date of closing of this transact'.io , ("Closing Date") . Promptly following Seller's execution of this Agreement ("Acceptance Date") : (a) Seller shall deli er to Escrow Agent one fully executed original of I • 4 --lir PURCHASE A REEMENT CITY OF RENTON/HORBACH �� w .` „ CITY OF RENTON �� ,.- Lawrence J. Warren, City Attorne Daniel Kellogg - David M. Dean-Mark E. Barber -Zanetta L. Fontes -Theodore; R Parry Assistant City Attprneys December 29 , 1986 TO: "Maxine Motor, City Clerk Ted Bennett, Finance Department FROM: Daniel Kellogg, Assistant City Attorney RE: Sale of Mother' s Park Dear Madam Clerk and Mr. Bennett: Enclosed please find' a copy of the recorded Real Estate Contract and Real Estate Excise Tax Affidavit in connection with the abovle-referenced matter. Very truly yours , Daniel Kellogg DK/jw Encls. ' cc: Mayor Shinpoch ; cc: T1 ad Alston ' f Post 3office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 TEM YUr �u.. REALEST OF %� 1 SAFECO TITLE INSURANCE COMPANY REAL ESTATE CONTRACT 2615 4th AVENUE,SEATTLE,IWA 98121 THIS CONTRACT,made ando entered into this 23oC-( . day of December, 19 86 I between THE CITY OF RENTON, WASHINGTON, a Washington Municipal Corporation i heceinafterc edthe"seller,"and EUGENE HORBACH, doing business as E&H PROPERTIES, (�, a sole proprietorship of Eugene Horbach, as his separate property. F I ,� hereinafter called the"purchaser," CO WTI'NESSETH: That the seller agrees to sell to the purchaser and the purchaser agrees to purchase from the seller thelI following N desaibed real mate,with the appurtenances,in Renton, King County, State of W .',geon: op Which is described in Schedule 1 hereto. Additional terms of CO this• Contract are set forth in Schedule 2 hereto. If there 's a conflict between the terms of this instrument and Schedule 2, the terms of Schedule 2 shall govern. SAFECA TITLE INSURANCE COMPANY SAFECO TITLE INSURANCE COMPANY i — — STATE of �..., Conveyance . . L. = o STATE OF ,,z.,,Conveyan:e . ashingtOn !,;=—Tax—__ _ m Alpai.s.11,1.11E,g,i30.06r1 �—Tax—J?� d q = r'4 — OfC23'fG ~'%,bay+' 8 Z 4. 0 O — e a OE ''+,�4L/, B 2 4. 0 0 e.s OEa'T.OF _ _ REVENUE 1 RD.11031 _ C — REVENUE RD.11031 1 The terms aodconditions of this contract are as follows:The purchase price is One Million Two Hundred Thirty—Five Thousand and Seven Hundred ($1,235,700.00) Doll:,, .f which Poo Hundred Forty—Seven 'Thousand One Hundred Forty------ (i247,140.00 )Do: have been paid,the receipt whereof is hereby acknowledged,and the balance of said purchase price shall be paid as follows: In quarterly installments of interest only (i Dollars, ' or more at purchaser's option,on or before the 1 S t day of April ,198 7 , and ** 1 (i ) Dollars, or more at purchaier's option,on or before the • day of each succeeding calendar month until the ballan• of said purchase price shall have been fully paid.The purchaser further agrees to pay interest on the diminishing balance of said pas • price . at the rate of i per cent per annum from the day of ,19 , which interest shall be deducted from each installment payment and the balance of each payment applied In reduction of •rindpal. All payments to be Made hereunder shall be made at The Cit of Renton, Finance De•artnent or at such other place as the seller may direct in writing. 200 Mill Avenue South, Renton, WA 98055 , • ** contin 'wing on the first day of every third month thereafter until December 31, 1989, when the principal balance, and any interest unpaid thereon, shall be paid in full. The principal balance shall bear interest at the rate of 8.00% per annum. NO SA ES TAX 09 69'77 r • DEC 3 PAID . I OFFICE OF to COMPTROLLER h a December 19, 1986 w[ ' • ."`'�``�S0" As referred to in this contract, date of dosing"shall be . ._Deputy (I) The purchaser assumes and agrees to pay before delinquency all taxes and assessments that may as bet hereafter become a lien on said real estate;and if by the terms of this contract the purchaser has assumed payment of any ,'ortgage, contract or other encumbrance,or has assumed payment of or agreed to purchase subject to,any taxes or assessments now a lie. on said real estate,the purchaser agrees to pay the same before delinquency. (2) The purchaser agrees,until the purchase price is fully paid,to keep the buildings now and hereafter placed on said estate insured to the actual cash value thereof against lass or damage by both fire and windstorm in a company acceptable to the aelle and for • / the seller's benefit;as his interest may appear,and to pay all premiums therefor end to deliver all policies and renewals .ereof to the seller. i N (3) The purchaser agrees that full inspection of said real estate has been made and that neither the seller nor his assigns she be held to any covenant respecting the condition of any improvements thereon nor shall the purchaser or seller or the assigns of either held to any covenant or agreement for alterations,improvements or repairs unless the covenant or agreement relied on is contained he ' or is in writing and attached to and made a part of this contact. , (4) The purchaser assumes all hazards of damage to or destruction of any improvements now on said real estate or bereaf er placed thereon,and of the taking of said real estate or any part thereof for public use;and agrees that no such damage,destruction or to ' g shall . constitute a failure of consideration.In case any part of said real estate is taken for public use,the portion of the condemnati n award remaining after payment of reasonable expenses of procuring the same shall be paid to the seller and applied as payment on the purchase price herein unless'Ithe seller elects to allow the purchaser to apply all or a portion of such condemnation award to the rebuilding or restore- I don of any improvements damaged by such taking.In case of damage or destruction from a peril insured against, the proceeds of such insurance remaining after payment of the reasonable expense of procuring the same shall be devoted to the restoration or rebuildirg of such improvements within a reasonable time, unless purchaser elects that said proceeds shall be paid to the seller for application on the 1 • purchase price herein. (5) The seller has delivered,or agrees to deliver within 1S days of the date of closing, a purchaser's policy of title iaslarence La ' standard form,ora commitment therefor,issued by Transamarlea mt.Insurance Company,insuring the purchaser to the full amount of said purchase price against loss or damage by reason of defect in seller's title to said real estate as of the date of closing and containing no exceptions other than the following: i"' a. Printed general exceptions appearing In said policy form; 1 b. Liens or encumbrances which by the terms of this contract the purchaser is to assume,or as to which the conveyancel hereunder 1 is to be made subject;and e. Any existtog contract or contracts under which seller is purchasing said real estate,and any mortgage or other obligati n, which seller by this contract agrees to pay,none of which for the purpose of this paragraph (S) shall be deemed defects in se is title. li • I , . I . (6) li 'a title to said real estate is subject to an existing contract or contracts under which seller is purchasing said rea ' or any ms_o_„ or other obligation,which seller is to pay,seller agrees to make such payments in accordance with the terms there f, ' upon default,the purchaser shall have the right to make any payments necessary to remove the default,and any payments so mad shall be applied to the payments neat falling due the seller under this contract. (7) The seller agrees,upon receiving full payment of the purchase price and interest in the manner above specified,to execu and deliver to purchaser a statutory warranty _deed to said real estate,excepting any part thereof he fter taken for public use,free of encumbrances except any that may attach after date of closing through any person other than the sells,and subject to the following: 1. Easement recorded under King County recording number 810724056 . — I . t'') 2. Utility easement over, across and under the Westerly 15 feet, nd i CV water transmission easement over, across and under the Souther y — 15 feet of the Northerly 135.5 feet of the property described , • herein' (6) Unless a different date is provided for herein,the purchaser shall be entitled to possession of said real estate on date of ' g and to retain possession so long as purchaser is not in default hereunder.The purchaser covenants to keep the buildings and other im rove- ments on said real estate in good repair and not to permit waste and not to use, or permit the use of, the real estate for 'any illegal purpose.The purchaser covenants to pay all service,installation or construction charges for'water,sewer,electricity,garbage or other utility ' services furnished to skid real estate after the date purchaser is entitled to possession. (9) In case the purchaser fails to make any payment herein provided or to maintain insurance,as herein required,the seller ma make such payment or effect such insurance,and any amounts so paid by the seller,together with interest at the rate of 10%per annum ereon from date of payment,until repaid,shall be repayable by purchaser on seller's demand,all without prejudice to any other right th seller might have by reason iof such default. ' (10) Time is of the essence of this contract, and it is agreed that in case the purchaser shall fail to comply with or perfo any condition or agreement hereof or to make any payment required hereunder promptly at the time and in the manner herein re uir�d,the i seller may elect to declare all the purchaser's rights hereunder terminated, and upon his doing so, all payments made by the pu chaser, hereunder and all improvements placed upon the real estate shall be forfeited to the seller as liquidated damages, and the Belle shall have right to re-enterand take possession of the real estate;and no waiver by the seller of any default on the part of the purchase shall be construed as a waiver of any subsequent default. Service upon purchaser of all demands,notices or other papers with respect to forfeiture and termination of purchaser's rights ay be made by United States Mail,postage pre-paid,return receipt requested,directed to the purchaser at his address last knower to the seller. ,1 (11) Upon seller's election to bring suit to enforce any covenant of this contract, including suit to collect any payment re uired hereunder,the purchaser agrees to pay a reasonable sum as attomey's fees and all costs and expenses in connection with such suit,which sums shall be included in any judgment or decree entered in such suit. ' If either party shall bring suit to enforce any provision of this contractor to forfeit any rights hereunder,and judgment is to entered, the party ultimately found to be at fault shall pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit,which sums shall he included in any judgment or decree entered in such suit. IN WITNESS RI HEREOF,the parties hereto have executed this instrume t as of the date first written above. THE CITY OF RENTON - By.: filhAJ • Searypc'Pr. ug ne Horbach . By: 7/.-0--A-Ed.. . 1 ' STATE OF WASHINGTON ) STATE OF WASHINGTON COUNTY OF person I J) COUNTY OF pp On this dayally appeared before me On this....23'4 L day of •O •4w 19..11 , before me,the undersigned,a Notary Public in and for the State of Wash- , who executed the wittun1 t n,duly commiasi red and sworn,personally appeared 1 to me known to be the individual described in and ,; land foregoing instrument, and..��. yy,,�" s,s qq����� .and acknowledged�s that I signed the same to me known to the/ll�Rresident ands•). 4 � V'sK..e,ale..hit and voluntary act and deed, respectively,of.• .. . �j for the uses and purposes therein mentioned. the corporation that exel'uted the foregoing instrument, and Sick owledged r I 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 I authorized to execute the said instrument and that the seal GIVEN under my hand and official seal this affixed is the corporate seal of said corporation. day of 19 Witness my h d and official se r�eto/affixed the day and year first • above written -' • Notary Public in and for the State of Wash- Notary Publi ' n for the State of Washington) 1 �j�rt/ ington,residing at 1 residing at.... i �rTransamerica Sul Transamerica Title Insurance Company THIS SPACE PROVIDED FOR RECORDE-'S USE: ,, ' Title Services • I FILED FOR RECORD AT REQUEST OF j f ' t WHEN RECORDED RETURN To • , . Name Address , City.State,Zip roomy _ . ; 4. O ova Its 4 eE .1 SCHEDULE 1 - DESCRIPTION OF PROPERTY CASHSL• • 1 That portion of the Northwest Quarter of the Southwest : • Quarter of Section 8, Township 23 North, Range 5 East, N.I.1. , in King County, Washington, described as follows: • COMMENCING at the point of intersection of the Northerly line of said subdivision with the Northerly production of the 'j • 01 Westerly margin of Park Avenue North as shown in RENTON FARM PLAT, N according to the plat recorded in Volume 10 of Plats, Page 97,. in King County, Washington; Thence Southerly along said margin as produced to a point thereon which is 715 feet North of the Southerly line of said sub- division, and the TRUE POINT OF BEGINNING; Thence West parallel to and a distance of 715 feet North of the South line of said subdivision to the Northerly production of the centerline of Pelly Avenue North (Pelly Street) as shown in RENTON FARM PLAT NO. 2, according to the plat recorded in Volume 11 of Plats, Page 32, in King County, Washington; Thence Southerly along said produced centerline to a point on the Northerly margin of North 6th Street (6th Avenue North) which is 30 feet North of the centerline of said North 6th Street; • Thence Easterly along said Northerly margin to the Westerly margin of said Park Avenue North; Thence Northerly along said Westerly margin to the TRUE. • POINT OF BEGINNING; . EXCEPT the South 185 feet of the East 107.5 feet thereof as conveyed to Wesoc Corporation by deed recorded under King County Recording No. 4970240. EXCEPT the South 10 feet thereof as conveyed to the City if Renton for roadway purposes by deed recorded under King County, Recording No. 8d09111671. r . SUBJECT TO a' utility easement over, across and under • • the Westerly 15 feet, and water transmission easement over, acrolss and under the Southerly 15 feet of the Northerly 135.5 feet of said • property. SUBJECT to a transmission line easement as recorded under King County Recording No. 0107240560. WECO TITLE INSURANCE COMPANY WSTATE or Conveyarl:_e ashington ' `=1—Tax-- OEP1.OF DEc2316 ' B24. 00 — REVENUE P.63.11031 — 1. . Wr 1 SCHEDULE 2 - REAL ESTATE CONTRACT 1. DEED RELEASES. D Seller shall deed release any part of the real esta a designated by Purchaser by partial fulfillment deed if •e following conditions are mats (a) Purchaser pays a principal payment with respect -o the purchase price (by way of the downpayment or prepayment); n the amount ' of Eight and sixty Hundredths Dollars ($8.60) 'Or each square' foot of the real estate which is released . Purchaser. r7 1 : ,a (b) The part of the real estate which is conveyed to — Purchaser by partial fulfillment deed constitutes a legal loft cv and is not' in violation of the subdivision or platting statutes cV or applicable laws, ordinances or regulations. • .D 00 (a) , The real estate shall be released in contiguous parcels, commencing at the South end of the real estate end proceeding to the North and of the real estate. Notwithstanding the foregoing provisions for partial release of parts of the real estate, Seller shall fully convey all of the real estate which is the subject of this real estate contract to' Purchaser upon payment in full by Purchaser of the balance of the purchase price for the real estate in accordance with the tares of this Real Estate Contract. 2. OTHER TERMS. . All, terms of .this Real Estate Contract which are no- specifically modified by the provisions of this Ochedulg .1 Mienremain in full force and effect. } 3. RELOCATION OF EXISTING UTILITY EASEMENTS. 1 Seller hereby agrees that Buyer may, at Buyer's sole cost , and expense, relocate any existing utility easements located on the Property., C • (Seller) The City of !Renton, Washington, =Tx •; n, a Washington muncipal corporation -- ,r. T. z. By i64.6.4Ly ,l41• SkDC _ T s Its /)2ny os• __ -� T mn • By Its ei, ;e/erg 42,•23-ee (Purchaser) • ' en Horbach dba E&H Properties, as his separate property 1m;t to County Treasi.•er of the ! REAL ESTATE EXCISE TAX • This form is your receipt wheh stamped • icily if.:.h; r piuyarty is located. by cashier. Pay by cash of certified check to County Treasurer. CHAPTER 82.45 RCW EASE'TYPE OR PRINT I CHAPTER 458-61 WAC THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ITEMS 0 THROUGH 0 ARE FULLY COMPLETED 1 i Name The City G'i 1tiCi1'C0n, Via.shincjtun, CD L11r:fune 1!orbacJI , Uoirl' 1:,LT ::�1"r�:ss I w as ECM Properties, a sole pro -1 ri Wasninr,ltdn Hunlci1:>a1 Corporation ww �..; �,� r. jF >Z r r-1.E lor.� ]lid of Eti,:io?rle (orLach , d::; i 4 I m,1 his separate property t0 Street :00 hill .,v'.:nue :iouLll Street P. O. Box c)Of; I { Renton I WA 98055 1.ellevue 1•.i • i CityState Zip City State Zip 0 5 9 1; ! ri;ac i:L: Grant tl3t: ALL TAX PARCEL NUMBERS j NEW OWNER'S Name I PERMANENT ADDRESS U;;2 3 0 5—';i i)2 0--;,)7 FOR ALL PROPERTY Stri et ' TAX RELATED , CORRESPONDENCE City/State Zip . , t i L;GAL,DESCRIPTION OF(PROPERTY SITUATED IN UNINCORPORATED COUNTY ❑ OR IN CITY OF I.\ (- 1' 1 T'' '�. :�(.t2 aLtaci-i :1 i l ' i 1j Is this property currently: I YES NO 0 Description of personal property if included in sale(furniture,ap- Classified or designated .s forest land? j Chapter 84.33 RCW i ❑ El pliances,etc.) Classified as currentluse I.nd(open space, ID farm and agricultural;or ti ber)?Chapter 84.34 RCW uu I IIIf exemption claimed,explain t'3"c1 Ct tor a.ti a Exempt from property tax nder nonprofit ❑ ❑ nun i c i p.. 1. COY';+o r:.i t i o n I organizations Chapter 84.46 RCW? I Receiving special valuati.n as historic ❑ ❑ property under Chapter 8,.26 RCW? Type of Document Peal .:r't`:tt-E Contracti Type Property: ❑ land Inly ❑ land with new building. r) C:. -; , 1.() ?t'' i Date of Sale or Conveyance Instrument j El land with .reviously El land with mobile home Gross Sale Price 1/ $ 1 , 2'5 , 700 .�00 � used build ng Personal Property(deduct)2/ $ (1 M I SEE TAX OBLIGATIONS ON REVERSE SIDE 1 r 1•3 5 , 7 0 0 .�f'0 Taxable Sale Price $ Excise Tax State 3/ $ —0 (1) NOTICE OF CiONTI UANCE (RCW)84.33 or RCW 84.34) —0— 1 Local 4/ $ If the new owner(s) of land tha is classified or designated as current use or Delinquent Penalty 5/ $ —V u forest land wish(es)to continue the classification or designation of such land, —0— the new owner(s) must sign below. If the new owner(s) do(es) not desire to Total Tax Due $ continue such classification or esignation, all compensating or additional tax (SEE 1-5 ON REVERSE SIDE) calculated pursuant to RCW 84. 3.120 and 140 or RCW 84.34.108 shall be due O and payable by the seller or Ira sferor at the time of sale. To determine if the 0 land transferred qualifies to continue classification or designation, the county AFFIDAVIT assessor must be consulted.All ew owners must sign. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF - THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE This land El does ❑I des not qualify AND CORRECT (see #6 on reverse for penalties). 1 f0 continuance. DEPUTY ASSESSOR DATE SIGNATURE - • (3) NOTICE OF COMPLIANCE(Chapter 84.26 RCW) NAME (print) L:Uclene f{or'iiac1; If the new owner(s) of proper y with special valuation as historic property 7 ].<)c1(• J�1't.Y_:i t;, 4J1' wish(s) to continue this splecial valuation the new owner(s)must sign below. If • DATE & PLACE OF SIGNING:1,C'•is • + the new owner(s)do(es)not de•ire to continue such special valuation, all addi- tional tax calculated pursuant 1. Chapter 84.26 RCW,shall be due and payable SPECIFY(circle):grantor/grantee/grantor's- agent./grantee's-agent by the seller or transferor Lit the ime of sale. Address of residence or place of buisness of person signing (specify): (3) OWNER(S)SIGN• URE P. 0. Box �,9 8 , bellevtie, WA 98009-0598 454--5959 Telephone Number i______— i D The following optional questions are requested by RCW 82.45.120 Is property at the time of sale: YES NO YES NO e. Does conveyance involve a trade,partial a. Subject to elderly,dislabitit ,or physical improvement interest corporate affiliates,related parties, 1 2❑ exemption? 1❑ 2❑ trust,receivership or an estate? f. Is the grantee acting as a nominee for a third 11❑ 2❑ b. Does building, if any1, have a heat pump or solar ❑ 2 El party? heating or cooling system? 1 g. Principal use: c. Does this conveyance divide a current parcel of land? 1❑ 2❑ 1 ❑ agricultural 2 ❑ condominium 3! ❑ recreational d. Does sale include current crop or merchantable 1❑ 2❑ 4 ❑ apt(4+ units) 5 ❑ industrial 6 ❑❑ residential timber? 7 ❑ commercial 8 ❑ mobile home 9 L IJ timber I FOR TREASURER'S USE ONLY I ORM REV 64 0030 (5166) -1155- , TAXPAYER • I 1 What p rtion of the Northwest Quarter of Se tion 6 Quarter of the Southwest Township 23 North, Range 5 East, King County, ll'ashington, described as follows : Iti•t1. , in Cor►u�EN I rac at the line of said point of intersection of the Northerly RENTON FARM PLAT, ubdivision with the Northerly production of Westerly ma�;gin of bark Avenue the Westerly North as shown in according to tile plat recorded in Volume 10 of Plats King County, WI shingtont Page 97, in Thence Southerly along said margin as thereon wl�ic ) is 715 feet North of l)� y produces; to a e southerl point division, and he TRUE POINT OF BEGINtJ Y lime of said sub- Whence lest parallel to and a dis YUG; of the South line of said subdivisiontot:ance of 715 feet North of the centerline of Pe11y Avenue North (Pelly Northerly production RENTON FARM PL� ally Street) as shown in NO. 2, according to the of Plats, Page 2, in King County, Wash plat. recorded in Volume 11 Thence sluthe1l �nyton, Y along said produced centerline to a on the Northerl margin of North Gth Streetpoint which is 30 fee North of the centerline (6th Avenue North) of said North Gth Street , . Thence E. sterly along said Northerl margin of said Park Avenue North; Y margin to the Westerly Thence No therly along said Westerly. man PO/UT OF BEGIIINIJG; 9 n to the TRUE EXCEPT th South 185 feet of tl1e East Is conveyed to Wt 107. 5 feet thereof soc Corporation by deed recorded under Rin :ounty RecordiQlg No. .4970240. g EXCEPT t h. South 10 feet thereof as conveyed enton for roadw. to the City of Y purposes by deed recorded under King Count ecording Igo. t0609111671. Y • SUBJECT TO a' utility ,. et easement over, across and under he Westerly 15, f • and Water trax•smission easement over, across Id under the Sou herly 15 feet of the Northerly 135. 5 feet of said ' SUBJECT to a transmission line easement as rec .ng County Recur ing No. 8107240560. orded under FORM REV 64 0030 (Rev. 1U b) ‘o.,...., ,., 1 it ). :Pi' • • j-/!';/ :/// CITY OF RENTON 4. � io i Lawrence J. Warren, City Attorney .r61a Daniel Kellogg - David M. Dean -Mark E. Barber -Zanetta L. Fontes -Theodore R. tarry Assistant City Atto{neys December 23, 1986 • i • TO: Ted Bennett FROM: Daniel Kellogg, Assistant City Attorney RE: Sale of Mother' s Park • Dear Ted: Enclosed please find our trust account check in the amount • of $241, : 16. 20 representing the proceeds of the .sale of • Mother' s Park. Very truly yours, Daniel Kellogg .. i DK/jw Encl. . . I cc: Mayer Shinpoch • • D,cf nrcno o:.v 414 - inn C C.—. _ _ i. ni• wrn niwn J r r CITY OF RENTON, WASHINGTON RESOLUTION NO. 2666 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE SALE OF THE MOTHER'S PARK PROPERTY TO EUGENE HORBACH, D/B/A E. & H. PROPERTIES WHEREAS, the City Council has heretofore indicated its intention to sell the Mother' s Park property and to use the proce-ds of th t sale for construction of the Community Center; and WHEREAS the' City has now successfully negotiated a Purci ase and Sal= Agreement for the sale of the Mother' s Park property (as descrb=d on Attachment "A" ) to Eugene Horbach, doing business as E. & _L. Properties, for a purchase price of $1,235,700 .00, together with a •inding commitment requiring a cash contribution to the City in the -um of $216,250 .00 to be made one year after the date of t e closing of the sale. The purchase price is to be paid in a down payment of 20% of the purchase price, with the balance to be pat• in quarterly installments of interest only at the rate of 8% per annum u til December 31, 1989 when the entire balance and unpaid interest shall be paid in full; and WHEREAS it appears to be in the best interest of the C'ty to sell the Mother' s Park property and to apply the proceeds of the sal= to the development and construction of the Community Ce ter; NOW, 'TH: REFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON RESILVES AS FOLLOWS: SECTION I: The above recitals are true and correct in all res?ects. -1- RESOLUTION NO. 2666 I SECTION II: The Mayor and the City Clerk are authoriz d to sign the Real Estate Contract and Fulfillment Deed, and all o her documen s deemed reasonably necessary for the negotiation and closing of the sale of the Mother' s Park property to Eugene Horb-ch, doing b siness as E. & H. Property for a purchase price of $1,235, 00 .00, together with the charitable contribution of $216,250 .00 , all ''n .accordance with the Purchase and Sale Agreement dated Novembe 5 1986 and the Addenda thereto dated December 19 , 1986 . PASSED BY THE CITY COUNCIL this 22nd day of December, 986 Aeaf , , e , Maxine E. Motor, City 'C erk APPROVED BY THE MAYOR this 22nd day of December, 1986 . Barbara Y. Shinpoc , Mayor Approve• as to form: Lawrenc- J. Warre q, City Attorney -2- A ,. SCHEDULE 1 - DESCRIPTION OF PROPERTY ATTACHMENT "A" ' I, That portion of the Northwest Quarter of the Southwest Quarter of Section 8, Township 23 North, Range 5 East, NM. , in King County, Washington, described as follows: COMMENCING at the point of intersection of the Northerly line. of said subdivision with the Northerly production of the Westerly margin of Park Avenue North as shown in RENTON FARM PLAT, according to the plat recorded in Volume 10 of Plats, Page 97,; n King County, Washington; Thence Southerly along said margin as produced to a poi!n thereon-which is 715 feet North of the Southerly line of said sub- division, and the TRUE POINT OF BEGINNING; Thence West parallel to and a distance of 715 feet North of the South line of said subdivision to the Northerly production of the centerline of Pelly Avenue North (Pelly Street) as shown in RENTON FARM PLAT NO. 2, according to the plat recorded in Volume 11 of Plats, Page 32, in King County, Washington; .. . Thence Southerly along said produced centerline to a point • on the Northerly margin of North Gth Street (6th Avenue North) which is 30 feet North of the centerline of said North Gth Street; Thence Easterly along said Northerly margin to the Westerly • argin of said Park Avenue North; , Thence Northerly along said Westerly.margin to the TRUE . • POINT OF BEGINNING; • EXCEPT the South 185 feet of the East 107.5 feet thereof s conveyed to Wesoc Corporation by deed recorded under King County Recording No. •A970240. EXCEPT the South 10 feet thereof as conveyed to the City of • nton for roadway purposes by deed recorded under King County ! cording No. 0609111671. • - SUBJECT TO a' utility easement over, across and under •! he Westerly 15 feet, and water transmission easement over, across nd under the Southerly 15 feet of the Northerly 135.5 feet of said property. SUBJECT to a transmission line easement as recorded under ing County Recording No. 8107240568. • I. . December 22, 19 6 Renton City Council Minu«a P ae 179 Rezone: R-059-8., An ordinance was read changing the zoning classification of property loc ted Swanson at 4512 Talbot Road South from G-1, General Classification District, to -I, Public District for Arthur Swanson, File No. R-059-86. MOVED BY HUGHES, SECONDED BY KEOLKER, COUNCIL REFER THIS ORDIANCE BACK TO COMMITTEE FOR TWO WEEKS. CARRIED. Ways and Means Committee Chairman Hughes presented a report recommending the following resolutions for reading and adoption: Resolution #2665 A resolution was read authorizing interest free interfund loan in the amount Bond: 1983 Unli ited of $13,730.18 for 1983 Unlimited Tax GO Bond Fund; loan to be repaid upon Tax GO Bond Fu d receipt of property taxes. MOVED BY HUGHES, SECONDED BY CLYMER, COUNCIL ADOPT THE RESOLUTION AS READ. Upon inquiry, Mayor Shinpoch explained that the law permits certain interest-free borrowing between funds; however, she agreed to provide a report on the matter. CARRIED. Resolution #21666 A resolution was read authorizing the sale of the Mother's Park property to Parks: Motheri s P:rk Eugene Horbach, DBA E & H Properties, for a purchase price of Property Sale I $1,235,700.00, together with a binding commitment requiring a cash contribution to the City in the sum of $216,250.00 to be made one year after , the date of the closing of the sale. Responding to Council concerns rega ding cash flow to fund construction of community center when funds from sae of Mother's Park will not be received until the end of 1989, and possible d fault by purchaser, Mayor Shinpoch and Administrative Assistant Michael Par ess indicated that although the transaction is not risk free, a thorough finan Parness background investigation has been done and determination made that the contract is financially viable. It was also noted that the transaction com.lies with Council direction on the matter. MOTION CARRIED. Streets: Handicap.ed Ways and Means Committee Chairman Hughes presented a report Parking Ordinanc- recommending that the proposed ordinance for enforcement of handicap.ed parking be referred to the Public Safety Committee. MOVED BY HUG ES, SECONDED BY TRIMM, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Vouchers Ways and Means Committee Chairman Hughes presented a report recommending approval of Vouchers 19161 through 19518 in the amount of $$782,633.09, having received departmental certification that merchandise/services have been received or rendered; Vouchers 19170 through 19172 machine voided. MOVED BY HUGHES, SECONDED B KEOLKER, COUNCIL APPROVE THE VOUCHERS. CARRIED. NEW BUSINESS Councilwoman Keolker encouraged all Council members to read the Valley Energy Recovery system Daily News series on energy recovery systems. Newspaper Series Committee on' Council President-Elect Trimm announced that Councilmembers Reed, Committees Mathews, Clymer and Mathews would serve on the Committee on Committees to determine 1987 Council Committee assignments. ADMINISTRATI E Attention was called to historical photographs now on display in the Cou cil REPORT Chambers and the 6th floor hallway. Special praise was extended to Photographs, Hist.rical Administrative Assistant Parness for coordinating the project over the pa t year and one-half and to Sylva Coppock for her technical assistance in enlarging the photos and preparing the placards. ADJOURNMENT MOVED BY TRIMM, SECONDED BY CLYMER, COUNCIL ADJOUR . CARRIED. Time: 10:52 p.m. J 00 l D--LO--€) ' MAXINE E. MOTOR, CMC, City Clerk Recorder: Ma ily Petersen • F • --v WAYS AND MEANS COMMITTEE COMMITTEE REPORT DECEMBER 22, 1986 ORDINANCES AND RESOLUTIONS The Ways;! an, Means Committee recommends the following ordinances for second and final r-ading: Amend'ng M-P Zone for Small Lots Valle Rezone - Phase III 1986 ear-End Budget Adjustments The Waysjano Means Committee. recommends the following ordinance for first reading: Swanson Rezone (R-059-86) 4512 Talbot Road - 0.64 acres from G-1 to P-1 to ,co struct a 3,000 sq. ft. office building The Waysiano Means Committee recommends the following resolutions for reading and adoptio : Autho izing Interest Free Interfund Loan in the Amount of $13,730.18 for 1983 nlimited Tax Sale of Mother's Park ORDINANCE FIR ENFORCEMENT OF HANDICAPPED PARKING (Referred 10/13/86) The Ways lane Means Committee recommends that this matter be referred to the Public Safely Committee. APPROVAL ;I,OF VOUCHERS The Ways Ian, Means Committee recommends approval of Vouchers No. 19161 through No. 19518 i the amount of $782,633.09. . I 1 eor/4.0,11; Robe"" Hughes, hairman at y KeolKer Thomas Trimm • ESCROW INSTRUCTIONS CITY OF RENTON to HORBACH' Property Aidress : Mother' s Park Property Renton , Washington TO: Warlre & Kellogg , P.S. , Attorneys at Law: 1 . 11 'URCHASE AGREEMENTS : The undersigned appoint youl a - escrow age t for the closing of the above-mentioned real estat= transaction in accordance with the terms and conditions of Purchase Agreement ("Agreement" ) dated December 5 , 1986, between 'ith undersigne. Seller and Purchaser and agreement supplemental there' dated De'�ceiirber /'7 , 1986 . This Agreement , and legal descriptio therein (includin future corrections thereto) are incorporated herein by eference . To the extent that any terms of that Agreement are incons ' stent herewith, they are amended to conform to the term- of these E-crow Instructions . 2 . II INSTRUMENTS: The undersigned deposits with you ithe amounts nesessary to close as set forth in the attached Real Estate • Transact'Lo Closing Statements ("Closing Statement" ) , together with necessary onveyancing and security instruments , which funds land instruments you are authorized to use when all parties have approved these inist uctions , and you hold for the account of the Purchaser the approp iate conveyancing instrument , and for the account of the Seller the appropriate promissory notes and/or security instrumens and funds , all as set forth in the Agreement . From the suns deposited •y the parties, you are authorized to deduct the charges as set forth in the attached Closing Statements . 3. TITLE INSURANCE: You are instructed to, on behalf of the Seller , or•er from Safeco Title Insurance Company, a preliminary commitment for an ALTA Owner' s form policy of title insurance in the face amokunu of One Million Two Hundred Thirty-five Thousand Seven Hundred Dollars ($1 , 235, 700. 00 ) . You are entitled to rely upon Itiie preliminary commitment , and have no obligation to make any independent search of public records , or inquiry of any persons , includin j the Seller, Purchaser and Broker . 4 . ESCROW FEE : Your escrow fee in the total sum of One Thousand F ' fty Dollars ($1 , 350 .00) is intended as compensation ,for • the ordinary services as contemplated by these instructions . In the event that the conditions of this escrow are not promptly fulfilled or that ou render any service not provided for in these instruction , or in the event there shall be an assignment of the interest � o any party to these instructions or any modification' in these inst� uctions , you shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses occasionedl •y such action. ESCROW IN ST'UCTION S PAGE 1 5 . IMITATIONS: YOU ARE TO HAVE NO LIABILITY 0 RESPONShIB LITY WITH RESPECT TO ANY MATTERS CONNECTED WITH TH FOLLOWING; (a) : eating oil in tank , water , Metro and other utilit , harges which will be adjusted between the Seller an 'urchaser outside of this escrow. (b) 'equir• ements of the Consumer Protection Act , Truth I , lending Act, the Real Estate Settlement Procedures Act jl nter-State Land Sales Act , and any similar laws an . egulations . (c) rersonal property , or encumbrances thereon, ineludin: cersonal property taxes:, matters relating to the Bul '.ales Act, sales taxes and instruments filed under ' th- 1 niform Commercial Code, which matters will be adjuste• cetween the Seller and Purchaser outside of this escrow. (d) ' orgeries or false personations of any person or party i connection with these instructions or this escro :enerally. (e) 1ssessments , utility connection and any other charg - hich are not of record and disclosed in the preliminar commitment for title insurance , including omit taxes which, ay appear on future tax statements . Seller warrants tcl ou and to the Purchaser that there are no recentl completed , pending , or announced local improvements ifor -treets , underground wiring , water, sewer, etc. , charg- =a•ble or to become chargeable to the property. All suoh 'atters shall be adjusted between Seller and Purchaser outside of this escrow. (f) he accuracy or correctness of any representations or provisions in the Agreement , or otherwise made by the parties or Broker . (g) Insurance on the property. (h) Rental or lease arrangements concerning the property , including accounting or pro-ration of rentals or transfer or accounting of tenant deposits . ' (i) The parties understand that you have not inspected the subject property and have no knowledge regarding the condition of the real property or as to whether or not any items of personal property referred to in the Agreement remain on the property or will remain on the property on d-livery of possession to Purchaser . You shall not ' be r-sponsible for the transfer of possession of the real and p-rsonal property from Seller to Purchaser. All li a rangements concerning such transfer shall be made durectly between such parties . II ' ESCROW IN ST'UCTION S PAGE' 2 I I (j ) P rchaser is aware that Warren & Kellogg , P.S. , Attorn',eys at Law, are acting as the attorneys for the Seller . Purchaser waives any conflict of interest arising ,� by reason of that status . The Purchaser has been represented b► Thad Alston , Attorney at Law. 6. MISCELLANEOUS: 6. 1 A copy of the Closing Statement and other instruments may be delivered to any broker involved in the transaction, as well as to mortgag-es or holders of other liens, and to attorneys representiig any of the parties . You are authorized , but not required',, o notify prior lien holders of the existence of ary contractior other instrument securing all unpaid balances owed • Seller by Purchaser. 6. 2 T ese instruments are complete , and there are no oral or other agi;re ments which modify or affect the same . Any future amendments r supplements to these instructions must be in writing , and delivier d to you, before they shall be effective . 6 . 3 A 1 notices and correspondence may be mailed or delivered to the part ' es at the addresses shown in the Agreement . You shall have no IA bility for any loss or delay involved in mailing any instruments or monies . 6. 4 T e term "closing" is susceptible to several meanings . Generally',, t means the time at which the Seller delivers titlelto the Purchaser in exchange for the purchase price . Normally, closing does not 'oc ur when the parties execute the legal documents at the closing age is f office or when the Purchaser delivers all or part ' o the purchaasr price to the closing agent but may be delayed several days until 'he documents and funds have been processed . 7 . T : RMINATION : If you are unable to comply with these instruction , or are, in your sole opinion, unable or unwilling Ito close thi1 rs .ale in the manner provided in the Agreement , then you will so notify the Seller and Purchaser in writing . If neithe' party has, f' led any objection within ten ( 10 ) days after receiptl,of such notice then you are instructed to return all instruments and monies to tie party who signed the .same or paid the money to you. Thereupon, ou are, without the necessity of further concurrence 'o� instruments from either of the parties , released from all liability in respect ro this escrow. If within said ten ( 10) days , either .of' the parties objects to the return of the instruments or monies , or transferito another closing agent , you are authorized , in yoiur ) discretion, to either hold the same until agreement is reached , for to interpLe.d the same with the Superior Court , at the expense Ilof the parties . Any monies returned to the parties shall be less any expenditures which you have made on their behalf prior theretoi, including but not limited to, any title insurance cancellation fee and your full escrow fee . ESCROW INSTRUCTIONS PAGE 3 li Is • 8. CLOSING STATEMENT : The attached closing statement ha- been reviewed and is approved by the parties . Dated : December c7/3 , 1986. Seller : ; Purchaser: • • City of Renton TN:vtiocola) . podk Mayor iOugence Horbach Clerk • New Address : New Address : • • • ESCROW INSTRUCTIONS PAGE 4 II SELLER 'S REAL ESTATE TRANSACTION CLOSING STATEMENT I�. CITY OF RENTON to HORBACH PropertO•dress : Mother' s Park Property Renton, Washington • Closing Dale : December 19, 1986 Charges Credits Sales Pic: $1 , 235, 70Q. 00 Real Estat: Contract $988 ,560.00 CurrentRe.: 1 Estate Taxes 0. 00 Pro-r.:t.ed as of December 19, 1986. 0. 00 Title Insu ance Premium inc. Sales Tax 2, 851 .80 1 % Excise ax 2�47 0 .00.00 Revenue St:mps Escrow Fee (one-half) 0.00 Check to Seller: $241 ,816.20 241 ,816.20 Extended Totals $1 , 235,700.00 $1 ,235,700 .00 • i .. ESCROW j IN •TRUCTION S PAGE 5i II • 1IPU"CHASER 'S REAL ESTATE TRANSACTION CLOSING STATEMENT - I CITY OF RENTON to HORBACH Property Asdress : Mother' s Park Property Renton , Washington Closing Dale : December 19, 1986 I -- Charges Credits Sales Pr c: $1 ,235, 700. 00 Earnest Mo ey Received 0.0 Real Estat: Contract $988, 560. 0 Current IRe.l Estate Taxes Pro' r. ted as of December 19, 1986. 0. 00 0. 00 Recording/ 'econveyance Fees 8.00 Escrow Fe (one-half) 675. 00 Due from rchaser to Close : $247,823.00 247,823. 00 Extended Totals $1 , 236, 383.00 $1 ,236, 383.00 • t i I ' I I 'I ESCROW INSTRUCTIONS PAGE 6 FORM A-1964 • . • SAL ESTATE CONTRA THIS CON(PR ,made and entered into this o23--cL day of December, 1986 between THIE 1ITY OF RENTON, WASHINGTON, a Washington Municipal Corporation hereinafter called'th: "seller,"and EUGENE HORBACH, doing business as E&H PROPERTIES, ' a sole pro•rietorship of Eugene Horbach, as his separate property. hereinafter call Id the "purchaser," WITNESSETH: That the seller agrees to sell to the purchaser and the purchaser agrees to purchase from the seller the folio ing described real estate, with the appurtenances, in Renton, King County, State of Washin: on: Whic is described in Schedule 1 hereto. Additional terms of • this Contract are set forth in Schedule 2 hereto. If there is a Ico flict between the terms of this instrument and Schedule 2,• the germs of Schedule 2 shall govern. • • The terms lend .onditions of this contract are as follows: The purchase price is One Million TWO Hundred Thirty-Fi e Thousand and Seven Hundred ($1 ,235 ,700. 00) Dolfars; of • hich Two 'Hundred Forty-Seven Thousand One Hundred Forty ($247,140.00 ) Dollars ave been paid,the receip whereof is hereby acknowledged, and the balance of said purchase price shall be paid as follows: In quarterly installments of interest only ($ ) po rap or more at purchase 's option, on or before the 1st day of April 098 , and ** ($ ) Do rs, or more at pu chase 's option, on or before the day of each succeeding calendar month until the balance of said purchase price shall ave been fully paid. The purchaser further agrees to pay interest on the diminishing balance of said purchase rice at the rate of per cent per annum from the day of , 19 , which interest hall be deducted from each installment payment and 0 the balance of each payment applied in reduction ofj principal. All payments to Ibe ade hereunder shall be made at City Renton, Finance Department or at such other plac as the seller may direct in writing. 200 Miii Avenue South, Renton, WA 98055 ** continui • on the first day of every third month thereafter until De - -r 31, 1989, when the principal balance, and any interest unpaid -reon, shall be paid in full. The principal balance shall bear int-Jest at the rate of 8.00% per annum. • • • • • • As referred to in this contract,"date of closing"shall be December 19, 1986 (1) Thg purchas r'assumes and agrees to pay before delinquency all taxes and assessments that may as between grantor and gra tee hereafter'become a l'en on said real estate; and if by the terms of this contract the purchaser has assumed payment of any'mort:age, contract or other enc mbrance, or has assumed payment of or agreed to purchase subject to, any taxes or assessments now a lien on -.id real estate,the purch er agrees to pay the same before delinquency. (2) The purchas r agrees, until the purchase price is fully paid, to keep the buildings now and hereafter placed on said real e tate insured to the actual cash value thereof against loss or damage by both fire and windstorm in a company acceptable to the seller and for the seller's benefit, a his interest may appear, and to pay all premiums therefor and to deliver all policies and renewals there() to the seller. (3) The purcha r agrees that full inspection of said real estate has been made and that neither the seller nor his assigns shall be eld to any covenants res cting the condition of any improvements thereon nor shall the purchaser or.seller or the assigns of either be sel to any covenant or agr ement for alterations, improvements or repairs unless the covenant or agreement relied on is contained herein dr is in writing and attach d„,to and made a part of this contract. (4) The pilrchas r assumes all hazards of damage to or destruction of any improvements now on said real estate or hereafter placed thereon,and of the t. 'ag of said real estate or any part thereof for public use; and agrees that no such damage, destruction or taking hall constitute a faAre o consideration. In case any part of said real estate is taken for public use, the portion of the condemnation a and remaining after Ij ay ent of reasonable expenses of procuring the same shall be paid to the seller and applied as payment on the pure ase price herein unless the seller elects to allow the purchaser to apply all or a portion of such condemnation award to the rebuilding or rest ra- tion of any improve ents damaged by such taking. In case of damage or destruction from a peril insured against, the proceeds of uch insurance remaining a•ter payment of the reasonable expense of procuring the same shall be devoted to the restoration or rebuilding of uch improvements within a reasonable time, unless purchaser elects that said proceeds shall be paid to the seller for application ion the purchase price herein (5) The seller h: delivered, or agrees to deliver within 15 days of the date of closing, a purchaser's policy of title insurance in standard form, or a 'ominitment therefor, issued by Transamerica Title Insurance Company, insuring the purchaser to the full amoun of said purchase price against loss or damage by reason of defect in seller's title to said real estate as of the date of closing and containin no exceptions other than the following: a. Printed general exceptions appearing in said policy form; b. Liens ()xi enc mbrances which by the terms of this contract the purchaser is to assume, or as to which the conveyance he u der is to be made ubject; and c. Any existing ontract or contracts under which seller is purchasing said real estate, and any mortgage or other obligation, which seller by this ontract agrees to pay,none of which for the purpose of this paragraph (5) shall be deemed defects in seller's title. • Form No.W-144.2 Rev.6-80 • (,) If seller's title to said real estate ' ject to an existing contract or contracts under "-` seller is purchasing said real estate, or an mortgage or other obligation, which is to pay, seller agrees to make such payments :ordance with thei terms thereof, and, ; upon efault, the purchaser shall have the to make any payments necessary to remove the 'It, and any payments so made shall be ap plied to the payments next falling due the seller under this contract. ( ) The seller agrees, upon receiving full payment of the purchase price and interest in the manner above specified, to execute and delive to purchaser a statutory warranty deed to said real estate, excepting any part thereof hereafter takenlfor public use, free of encumbrances except any that may attach after date of closing through any person other than the seller, and subjes to the following: 1. 1 Easement recorded under King County recording number 8107240568. 2. Utility easement over, across and under the Westerly 15 feet, and 1 water transmission easement over, across and under the Southerly 15 feet of the Northerly 135. 5 feet of the property described 'j herein. 1 (:,) Unless a different date is provided for herein, the purchaser shall be entitled to possession of said real estate, on date of closing • and t• retain possession so long as purchaser is not in default hereunder. The purchaser covenants to keep the buildings and other improve- ments on said real estate in good repair and not to permit waste and not to use, or permit the use of, the real estate for any illegal purpo.e.The purchaser covenants to pay all service,installation or construction charges for water, sewer, electricity, garbage or other utility servic+ furnished to said real estate after the date purchaser is entitled to possession. ( ) In case the purchaser fails to make any payment herein provided or to maintain insurance, as herein required, the seller may make such I yment or effect such insurance,and any amounts so paid by the seller, together with interest at the rate of 10% per annum thereon from Tate of payment until repaid, shall be repayable by purchaser on seller's demand, all without prejudice to any other right the seller might •ave by reason of such default. ( ,0) Time is of the essence of this contract, and it is agreed that in case the purchaser shall fail to comply with or perform any condit on or agreement hereof or to make any payment required hereunder promptly at the time and in the manner herein required, the ' seller II ay elect to declare all the purchaser's rights hereunder terminated, and upon his doing so, all payments made by the purchaser hereu der and all improvements placed upon the real estate shall be forfeited to the seller as liquidated damages, and the seller shall have light to re-enter and take possession of the real estate; and no waiver by the seller of any default on the part of the purchaser shall be cotiltrued as a waiver of any subsequent default. S4rvice upon purchaser of all demands, notices or other papers with respect to forfeiture and termination of purchaser's rights may be made I y United States Mail, postage pre-paid, return receipt requested, directed to the purchaser at his address last known to the seller. (1 1) Upon seller's election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereu der, the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, which sums hall be included in any judgment or decree entered in such suit. I I either party shall bring suit to enforce any provision of this contract or to forfeit any rights hereunder,and judgment is so entered, the p 'rty ultimately found to be at fault shall pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, I'hich sums shall he included in any judgment or decree entered in such suit. I WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first written above. TH L..CITY OF RENTON ill By�' �p �/Eug ne Horbach By. •II ' STATE OF WASHINGTON i ss ss. STATE OF WASHINGTON ) .. 1 )r COUNTY 'OF COUNTY OF On th s day personally appeared before me On this 073A-1-- day of #51 +we'w , 19 4 C , I before me, the undersigned, a Notary Public in and for the State of Wash- 1 I ing , duly commissi ned and sworn, personally appeared to me kno 1i n to be the in ividual described in and /,(lA/('-1.44.Z., who execuI ed the within and foregoing instrument, and_.2'_!:1.`.7-. • and ackno ledged that signed the same to me known to bs the .4 frt" P.residetit and. �L/� ry, as I free and voluntary act and deed, respectively,of kl for the uses and purposes therein mentioned. the corporation that exefuted the foregoing instrument, and acknowledged j 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 authorized to execute the said instrument and that the seal GIVE under my hand and official seal this affixed is the corporate seal of said corporation. da I of , 19 Witness my h d and official sea �r�et�o affixed the day and year first above written.y//�7 ^ /"-_-/ Notar Public in and for the State of Wash- Notary Publi - n foy the State of Washington, ingto residing at residing at........ .�yrtJ Iiiir Transamerica T aasamerica Title Insurance Company THIS SPACE PROVIDED FOR RECORDER'S USE: Ti ale Services ' 1 I FILED FOR •ECORD AT REQUEST OF i t WHEN REC•RDED RETURN TO Name I 1 Address 1 ' City,State,Z11p • SCHEDULE 1 - DESCRIPTION OF. PROPERTY' . That portion of the Northwest Quarter of the Southwest Quarter cld ,.ection 8, Township 23 North, Range S East, W.t•1. , in King Couzrty Washington, described as follows : C[NI1 •NCING at the point of intersection of the Northerly' line of sal, Subdivision with the Northerly production of the Westerly uia gin of Park Avenue North as shown in RENTON FARM PLAT, according to ;the plat recorded in Volume 10 of Plats, Page 97, in King County Washing ton; Then•e Southerly along said margin as produced to a point thereon w i.li is 715 feet North of the Southerly line of said sub- division, az d the TRUE POINT OF BEGINNING; ►Then•e West parallel to and a distance of 715 feet North, -of the Soluti. •line of said subdivision to the Northerly production of the celnt-rline of Pelly Avenue North (Pelly Street) as shown! in RENTON FARM PLAT NO. 2, .according to the plat recorded in Volume 11 of Plats, Page 32, in King County , Washington; Thenc-1 Southerly along said produced centerline to a point . on the Nolfth-rly margin of North 6th Street (6th Avenue North) • which is 30 feet North of the centerline-of said North Gth Street; • • Thenc- Easterly along said Northerly margin to the Westerly y margin of sad Park Avenue North; Thenc- Northerly along said Westerly . margin to the TRUE . • POINT OF • BEGI NNING; 1 EXCEP ' the South 185 feet of the East 107. 5 feet thereof • as conveyed u Wesoc Corporation by deed recorded under King • J County Re I!or' ing No. .4970240. EXCEP!' 'the South 10 feet thereof as conveyed to the City of Renton for roadway, purposes by deed recorded under King County Recording No .0609111671. • SUBJECT TO a' utility easement over, across and under • the WesterIIy 15 feet, and water transmission easement over, across and under ith: Southerly 15 feet of the Northerly 135. 5 feet of said -property. SUBIEIT to a transmission line easement as recorded under i King Count' recording No. 8107240560. • i . is y.1' I1' . ' I, �� i ' 1 - • CHppULE 2 - READ ESTATE CONTRACT 1. )IEE® RELEASES. Seler shall deed release any part of the real estate designatedl, by Purchaser by partial fulfillment deed if the following 'conditions are met: (a) Purchaser pays a principal payment with respect to the purchas price (by way of the downpayment or prepayment) in the amount of Eight and Sixty Hundredths Dollars ($8.60) for each ■ ua're foot of the real estate which is released to Purchaser.' (b) The part of the real estate which is conveyedlto Purchaser ;! b , partial fulfillment deed constitutes a legal lo',t and . is n;bt in violation of the subdivision or platting statutes or applicabl laws, ordinances or regulations. (c) The real estate shall be released in contiguous parcels, Po encing at the South end of the real estate and proceeding;it the North end of the real estate. Not ithetanding the foregoing provisions for partial release of parts of the real estate, Seller shall fully convey all of the real estate which is the subject of this real estate. . contract to Purchaser ' upon payment in full by Purchaser of the balance of the purchase price for the real estate in accordance with the t4 s of this Real Estate Contract. ,I Z. OTH R TEEMS. All terms of this Real Estate Contract which are not specifically modified by the provisions of this ,Schedule .2. shall remain in fu l force and effect. 3. RELO £TION OF• EXISTING UTILITY EASEMENTS . Sell-r hereby agrees that Buyer may, at Buyer' s sole cost and expense, elocate any existing utility easements located on the Property. (Seller) • The City of Anton, Washington, a Washingt•n muncipal corporation By 0 . S.turtCR O . Its dd iI By , • Its / err /,•„?3—8, d (Purchaser) • • Eu3qene Ho#ba' h dba E&H Properties, as his sop rate property K f,))43),p'!j_' '- V /itC.lf/J�/JL/ • I ,•1 � CITY OF RENTON . • �$ ' Lawrence J. Warren, City Attorney rLL Daniel Kellogg - David M. Dean-Mark E. Barber -Zanetta L. Fontes-Theodore R. Parry • ;I Assistant City Attorneys I • December 8 , 198.6 i i • i 1 Mr. 'Thad Alston First Interstate Center Suitle 3450 Seattle, WA 98194 Re: Mother' s Park Property Sale Dear Thad: I have enclosed to you the original of the Purchase Agreement, and 'Addendum thereto which has been signed by my client. . You swill see that the Addendum specifically acknowledges the ;1additional consideration in the sum of $216,250 .00 which is tlo be paid by Mr. Horbach' s promissory note requiring the . caslil contribution toward the development of the proposed • • Community Center. This Addendum was prepared at the insistence ' of the Mayor and is a part of her acceptance of the Purchase Agreement as proposed by you. Please have Mr. Horbach immediately sign the Addendum and retulrn an executed copy to me for my records. The !original of the Purchase Agreement, as amended, should . then be submitted into the escrow so that the closing can be . ' • expedited. As I noted in my letter to you of November 25, 1986 , paragraph • 5 of the Agreement provides that the closing date shall not be later han December 19, 1986 . We intend to require performance • of the Agreement on or before that date and we are prepared , 1 to exe, ute all documents to close the transaction in accordance with tie Agreement, as amended. I Ver u ours, j . Daniel K ogg . I • j . DK:rid ' . Encl. cc: M.:yor Dan Clements . ' Jahn Webley 4.' D. ck Houghton ' M ke Parness Post Office Box 626 - 100 S 2nd Street - Rentnn Wachinotnn MUM - on61 7cc-St(7R . ' 1,1 fi INTEROFFICE CORRESPONDENCE • Date December 5, 3.986 TO: D='n Kellogg, {1! Assistant City Attorney FROM: axine E. Motor, City Clerk SUBJECT: Sale of Mother's Park - Adden® to Real Estate Putahase and Sale Agreement-E & H Properties ;I �!I We return herewith fully executed document(s) , as above- t____J captioned, copy of which we have retained for our official public records. Copies should be forwarded to and the other for your file. Pp Pursuant to your memo of we return herewith 11 document(s) , as above-captioned, which have been signed by City Officials and need to be forwarded for further execution by We return herewith recorded document(s) , as above-captioned, j '. copy of which we have retained for our official public records. Copies should be forwarded to appropriate parties and retained as necessary for your files. f Please file a fully executed copy with the City Clerk's office x ; for our permanent records' when received. II Thank you. I MEM:ab/g' cc: Enclasu e (1) - City Clerk's Office has no original of this Real Estate Purchase and Sale Agreement Adden. 11 I NTEROFF I CE MEW_.0 TO: John Wehley, Park Director LIME: 12/5/86 I 'lii 1 flfIV FROM: Maxine otor, City C1€ SUBJECT: Mot er's Park Sale I Attache copies forwarded to you at request of Mayor Shinpoch. I s� it � P ' � I6 k II • iI 1 I i ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT DATED NOVEMBER 5, 1986 f BETWEEN E. & H. PROPERTIES ("BUYER") AND THE CITY OF RENTON, WASHINGTON ("SELLER") The parties acknowledge that as additional consideration for the sale of the property described in the Real Estate Purchase 1I and Sale Agreement, that Buyer has executed and delivered to the City a binding commitment and promissory note requiring a cash contribution in the sum of $216,250 .00 to . be made by Buyer and user by the1City of Renton in connection with the development of the' City' s proposed community center. Dated: , 1986 . Eugene Horbach o 11.160 Wa.J . 5 ►DG, ►L1 Sl(� Barbara Y. Shi poch, Ma or ' City of Renton Attest: )27,a_z.) MaxinelE. Motor, City Clerk City of Renton I � Maivor's'Office I '~ S 4p CITY" OF RENTON ate). INTER-DEPARTMENTAL ROUTING SLIP . ktu .1 nt. %AA o'+o, (referred to) . Z4, S (referred by) Please prepare reply for the Mayor's signature on Mayor's. office stationery. • Please reply to the attached letter for the Mayor, showing a copy to the Mayor. Please supply me with the facts involved in the attached letter. Forwarded for your information; , please return.. ____X_.Forwarded for your information and f#est Other: t+l copits t oU ok v ) rt 1 e* i 0.11 O %d Action requested no later than (date) CITY OF RENTON %• '-' Lawrence J. Warren, City Attorney ma Daniel Kellogg - David M. Dean-Mark E. Barber - Zanetta L. Fontes -Theodore R. Parry Assistant .City_Attbrngs December 3 , 19 8�p6i��-���r{1pp+�.�.�CpWdp y1 TO: Bar•ara Y. Shinpoch, Mayor DEC, FROM: , D-niel Kellogg, Assistant City Attorney. RE: Salo of Mother ' s Park You have recently inquired regarding Mr. Horbach's commitment to give - gift to the City in the sum of $216 ,250000 .as.•.a part, . of the, consideration for the purchase of the Mother ' s Park property In our initial response to Mr. Horbach' s attorney on Augus . 21, 1986 , we had suggesed to them that this contribution be mentioned in the Purchase Agreement to clarify the intent of the part 'es. You are •orrect in your notation that the gift is nowhere mentioned withinjt e Purchase and Sale Agreement. Mr. Horback ' s attorney can give me no satisfactory explanation as to why it is not mentione• . We are satisfied that Mr. Horbach' s commitment regarding the prom' ssory note will be binding upon him in any event, whether it is me tioned in the Purchase Agreement or not. However, we agree wi h you that it is better to be abundantly safe than to try to, 1-ter explain what was meant. Therefor: , I have enclosed to you an Addendum which I would ask you tois ' gn and attach to the original of the Real Estate Purchase and Sale Agreement. We will obtain Mr. Horbach's signature to the Adde dum before closing. • Please, c.11 me if there are any questions. Daniel K gg DK:nd Post Offi e Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 +II INTEROFFICE CORRESPONDENCE Date 12/4/86 TO: D"Iln Kellogg III I� FROM: Maxine E. Motor, City Clerk II �i u fl SUBJECT,''' Sale of Mother's Park to Gene Horbach II f' II I° �� We return herewith fully executed document(s) , as above- 1 X , captioned, copy of which we have retained for our official public records. Copies should be forwarded to and the other for your file. Pursuant to your memo of we return herewith al' document(s) , as above-captioned, which have been signed by- City Officials and need to be forwarded for further execution I' by I'll We return herewith recorded document(s) , as above-captioned, copy of which we have retained for our official public records. Copies should be forwarded to appropriate parties and retained , III as necessary for your files. Please file a fully executed copy with the City Clerk's office �. x ' for our permanent records when received. � III I k Thank you. 11 '" MEM:drb/ n cc: Enclosu ,es (2) - City Clerk's Office has no original of this Real Estate Purchase and Sale Agreement I 9 I uil I'I I I it u Id, REAL ESTATE PURCHASE AND SALE AGREEMENT Thi- is an agreement ("Agreement") made on November 5,1 1986, be'ween E&H Properties, a sole proprietorship of Eugene' Horbach as his separate property ("Buyer") and The City of Renton,, Washington, a Washington Municipal corporation, ("Seller") . Buyer and Seller agree as follows. 1. RECITALS. 111.1 Seller owns the improved real property described) • in Sched le 1 to this Agreement ("Property") and is willing to •• sell the Property to Buyer pursuant to this Agreement. The, Property is commonly known as Mother's Park, Renton, King', • County, . W-shington. 11: 2 Buyer is willing to purchase the Property from Seller pu suant to this Agreement. 2. PUR•FASE PRICE AND PAYMENT TERMS. 2 . 1 The purchase price for the Property shall be' , Eight Dollars ($8. 00) per square foot of the Property as determined ' by a survey of the Property which Seller has provided! to Buyer. The parties agree that the Property consists ofl 154, 46397 square feet. Therefore, the purchase price for the Property hall be One. Million Two Hundred Thirty-Five Thousand Seven Hundi ed Dollars ("$1,235,700) 22 Buyer shall pay Seller the purchase price for. ' the Property pursuant to a real estate contract ("Real Estate; Contractt") ,' Form A-1964, which shall provide for a downpayment; in cash :t closing in the. amount of twenty percent ("20%) of the; purchase 'rice. Buyer shall pay Seller the downpayment in cash at closin! . The Real Estate Contract' shall l� provide that the • balance oI the purchase price shall be paid by Buyer to Seller , in quarte ly installments of interest only at an interest rate, which 4is the average interest rate quoted by Traveler's Insurance Company, Aetna Life & Casualty Company and Banker's Life ("Mo tgage Lenders") for loans for a term of three (3) 1 years, Iro nded to the nearest one-eighth (1/8th) of a percent,. Buyer shall provide Seller with a written quote of such interest ) rates fro Mortgage Lenders no later than December 10, 1986. The Real state Contract shall be in the form attached hereto a'sH Schedule c: and shall be paid in full on or before the thirds (3rd) annNversary of the Closing Date. The Real Estate ContractI shall provide for deed releases in the manner therein specified. i I ' 3 . EARN ST MONEY AND LIQUIDATED DAMAGES. 3 : 1 On the date of this Agreement, Buyer isi, , . delivering to Seller , three (3) originals of this Agreement signed by Buyer and an original Earnest Money Note in the amount of One : H ndred Thousand Dollars ($100, 000) in the form attached ! hereto 'as Schedule 2 ("Earnest Money Note") . The Earnest Money, Note s1al be due and payable on the date of closing of this , transactio ("Closing Date") . Promptly following Seller's ' execution of this Agreement ("Acceptance Date") : (a) Seller ';; shall deli er to Escrow Agent one fully executed original of 1 ' -1- V : • PURCHASE AGREEMENT ' CITY OF RENTON/HORBACH • this Agr ement and the original Earnest Money Note, and (b) Seller ; shall deliver to Buyer one fully executed original of this Agr ement. Escrow Agent shall hold the Earnest Money Note pendingii s disposition in accordance with this Agreement. 3 .2 If Buyer terminates this Agreement because Seller does not satisfy the Buyer' s Conditions Precedent which are desc ibed in Section 22 .2, Escrow Agent shall return the Deposit;it Buyer upon demand and this Agreement shall terminate. 31. 3 If Seller satisfies Buyer's Conditions Precedent which ar described in Section 22 . 2, but Buyer fails to satisfy Seller's Conditions Precedent described in Section 22. 1, Escrow Agent sh 11 deliver the Earnest Money Note to Seller upon demand, and this Agreement shall terminate. In such event, Buyer shall be • oblig ted to pay the Earnest Money Note to Seller upon demand as liqui ated damages for Buyer's default pursuant to this Agreement. Receipt by Seller of payment by Buyer of the Earnest Money No e shall be Seller's sole and exclusive remedy for Buyer's d fault pursuant to this Agreement 4 . REA ESTATE BROKERS. Eac party represents and warrants to the other party that the part representing and warranting has incurred no obligation to pay; a real estate commission, finder's fee or similar cost in connection with this Agreement. If any such cost is payable in connection ' with this Agreement; it shall be paid by the party, incurring it. 5. CLOSING DATE. The Closing Date shall be determined by Buyer's written notice to Seller approving the title to the Property, as provides in Section 7 below. The Closing Date shall be no later than Dece •er 19, 1986. 6. CONDITION OF TITLE AND TRANSFER OF TITLE. On the Closing Date, Seller and Buyer shall enter into the Real Estate Contract, completed with the agreed interest rate mentioned in Section 2 . 2 above and the description of the Approved itle Exceptions (and any Disapproved Title Exceptions , waived by uyer) mentioned in Section 7 below. 7 . PREL MINARY COMMITMENT AND TITLE INSURANCE. No ater than ten (10) days after the Acceptance Date, Seller sh 11 cause Safeco Title Insurance Company, located at Fourth Ian i Vine Building, Seattle, Washington ("Escrow Agent") to delive to Buyer a preliminary commitment for an ALTA extended urchaser's policy of title insurance issued by Escrow Agent to uyer in the amount of the purchase price ("Preliminary Commitment ') with a copy of each document listed in the Prelimiriar Commitment. Buyer shall advise Seller of the acceptable title exceptions ("Approved Title Exceptions") and the una ceptable title exceptions ("Disapproved Title Exceptions ') no later than ten (10) days following Buyer's receipt o the Preliminary Commitment and the survey mentioned in Section 2 . 1 above. No later than ten (10) days following receipt by Seller of Buyer's written notice regarding the Approved Title Exceptions and the Disapproved Title Exceptions, Seller sh11 inform Buyer in writing whether or not Seller will remove th Disapproved Title Exceptions from title to the Property en or before the Closing Date. If Seller declines to 4 -2 PURCHASE A. REEMENT CITY OF RENTON/HORBACH . remove a y of the Disapproved Title Exceptions from title' to the; Property, this Agreement shall terminate, unless Buyer waives removal, •f such Disapproved Title Exceptions. ' If this Agreement) terminate- , Escrow Agent shall return the Earnest Money Note to Buyer upon demand. If this Agreement does not terminate, Seller1 shall re ove the . Disapproved. Title Exceptions (except to thel extent : waived- by Buyer) from title to the Property on or before; the Closing Date, at Seller's ' sole cost and expense. At! .• closings Seller shall cause Escrow Agent to issue the policy of title 'insurance to Buyer in' accordance with the Preliminary; Commitment,, but subject only to the printed matters contained in, the policy form, the Approved Title Exceptions and any; Disapprove• Title Exceptions which are waived by Buyer, as provided above. . All title insurance charges, including cancellation fees, shall be paid by Seller. 8. POSS' SSION. On he Closing Date, Seller shall retain possession of thel Property, rent free. However, Seller shall deliver possession of thel Property to Buyer no later than thirty (30) days ; -following Seller's receipt. of Buyer's written demand fort possession of the Property. During Seller's possession of the Property, Seller shall pay for all utilities used or consumed byl Seller an. shall insure. seller and Buyer from public liability ), pursuant 'o an all risk form of public liablity insurance naming Buyer and Seller as. insured with minimum coverage for property damage ;an• personal injury P y.a j y (including death) in the amount of $11l million: In addition, during Seller's possession of thel ' Property, Seller shall indemnify, defend and hold Buyer harmless1 from any and all actual or alleged claims, demands, damages', ' liablitiies ' costs and expenses (including the expense of legal, counsel ' a d court costs) arising, out of Seller's possession of the Prope ty. The provisions of this Paragraph shall survive , the clos1in, of this transaction. f 9. PRO' ^TIONS AND ADJUSTMENTS. it I Real ;property taxes for the current year and periodic ; charges ; for; use of utilities (as distinguished from local I ' improvement district , charges, hookup fees or other similar charges ; which shall be the sole obligation of Seller) which ; constitute liens upon the Property, shall be prorated between Buyer and 'eller as of the Closing Date. • • • ' 10. CL10S NG. ' This transaction shall be closed in escrow with Escrow Agent s'er ing as the closing agent. Each party shall pay one-half I1/2) .. of the fees charged by Escrow Agent for serving as closp• .agent. Each party shall deposit the required funds a ' , and docum=nts with Escrow Agent sufficiently in advance of the Closing Dame to facilitate an orderly closing. t . I 11. ' CLOSING COSTS. 1111 Buyer shall pay the following closing costs:,, ; (a) oneih.lf (1/2) Escrow Agent's fees for serving as closing ' agent; ,(b) the cost of recording the Real' Estate Contract; and (c) Buyer's pro rata share of items to be prorated. l 11'.2 Seller shall pay the following closings costs: (a) all! costs _ required to clear title to the Property of all • matters .' except the Approved Title Exceptions and any Disapproved Title Exccei•tions waived by Seller pursuant to Section 7 above;' 1 . 1 • . . • l , -3- PURCHASEAG'EEMENT CITY OF RENTON/HORBACH (b) one- alf (1/2) Escrow Agent's fees for serving as closing agent; ; ( «) Seller's pro rata share of items to be prorated; (d) . title insurance charges; (e) the Washington State Excise Tax, if applicable; and (f) the cost of the survey mentioned in Section 2. 1. ' In addition, Seller shall pay such other costs as are' specified in this Agreement to be paid by Seller. 12 . COUNTERPARTS. This Agreement may be signed in counterparts, which taken togethei, hall constitute the complete Agreement. 13 . NOTI ES. Any notice pursuant to this Agreement shall be in writing and may e personally delivered or mailed. A copy of each notice jsh 11 be sent to Escrow Agent. • If mailed, a notice shall' be sent egular mail, postage prepaid and shall be deemed to be received n the second business day following the date of mailingi Notices shall be sent as follows, or to such other '. address ! a • a party may hereafter designate in writing to the other part : TO S LLER. City of Renton, Renton City Hall, 200 Mill Avenue South, Sixth Floor, Renton, Washington 98055, Attention: Michael Parness, Administrative Assistant to the Mayor. TO BUYER. P.O. Box 598, Bellevue, WA 98009 14 . ASSIGNMENT. Neither party to this Agreement • shall assign any of itsi rights or delegate any of its duties pursuant to this Agreement without ; t e. prior written consent of the other party, which consent sh 11 not be unreasonably withheld or delayed. 15. SUCCESSORS. Subj ct to the provisions. of Section 14, this Agreement shall inu a to the benefit of and be binding upon the successors ', and assign es of the parties. 16. GOVERNING LAW. This Agreement shall be construed in accordance with and governed b ; the laws of the State of Washington. 17 . DEFA LT. Ifs eller: defaults pursuant to this Agreement, Escrow Agent Shall deliver the Earnest Money Note to Buyer upon demand, pending f nal determination of the rights and obligations of the , parties.' final Buyer shall be entitled to damages and/or specific performainc if Seller defaults under this Agreement, and all costs incurred by Buyer to obtain such damages and/or specific ' pezformanc , including legal fees, court costs and out-of-pocket expensed. If Buyer defaults under this Agreement, Seller's sole and exclusive remedy shall be to obtain the Earnest Money Note from Es'cr.w Agent, as mentioned above, and to obtain payment thereof in accordance with its terms. • i i -4- I PURCHASE A .REEMENT CITY OF RENTON/HORBACH ' • • • I i 18. ENTI E AGREEMENT AND AMENDMENTS. This Agreement, consisting of this instrument and ; , Schedules 1, 2 and 3; which are attached hereto and incorporated ) herein ;by this reference, is the entire agreement of the parties ] with respect to the purchase and sale of the Property. This ! Agreement shall not be modified in any manner whatsoever, except ] by a Nri ten instrument signed by the parties subsequent to the ) the date o this Agreement. 19: DAMALE OR CONDEMNATION. J 1 If ' he Property is damaged by fire or other casualty ' subsequent to the date of this Agreement, . Buyer may terminate, this Ag eement or elect to close this transaction!, ] notwithsta ding the damage. If Buyer elects to close this transactio , the insurance proceeds shall be assigned to Buyer or deliveled to Buyer by Seller, as applicable; provided that ifl no insura ce proceeds are payable in connection with the damage, the parti:•s shall use their best, good faith efforts to reach agreement upon a reduction of the purchase price of the Property 1 . • based upo the damage. If the parties fail to reach agreement upon al r:duced purchase price, Buyer may elect to close this , transactio , notwithstanding the fact that the purchase price is ' not reduced, or Buyer may terminate this Agreement. If Buyer terminates this Agreement, . Escrow Agent shall return the Earnest ' Money Nolte to Buyer upon demand. 20. TIME AND MANNER OF ACCEPTANCE. This , Agreement shall terminate automatically at 5: 00 p.m. I on ..Novemb=r , 1986, if not signed by Seller and returned to Buyer pri o ' to that time. 21. RE+PR.SENTATIONS AND WARRANTIES OF SELLER. Seiler represents and warrants to Buyer as follows on the date of this Agreement and on the Closing Date. The provisions of this Section 21 shall survive the closing of this transactio . A breach or failure of any representation on warranty! 'n; this Section 21 shall be a material default by Seller pur uant to this Agreement. 21. 1 That there are no assessments for public improvements pending, threatened or existing with respect to the 1 Property. 211. 2 That vehicular access to the Property is ;, available over the public streets adjacent to the Property; that , all . pav1n• or other improvements with respect to such vehicular ! access pro tes have been completed and paid for; and that all I such vehjLc lar access may be used by Buyer at no cost. 210 That all persons or corporations supplying { material4 labor or equipment to the Property have been paid and that th',er. are no actual or alleged claims of lien with respect to the Pro.erty. 22 . CONDITIONS PRECEDENT TO CLOSING. 22 . 1 • Following are conditions precedent to Seller's obligation to close this transaction ("Seller's Conditions Precedent") . If Seller's Conditions Precedent are satisfied by Buyer, bum Seller fails to satisfy Buyer's Conditions Precedent, Seller sha 1 be in default pursuant to this Agreement. it _5_ j ' 4 PURCHASE AGREEMENT CITY OF RENTON/HORBACH • 1 i (a) Buyer shall have determined the Ap proved Title Exception and Disapproved Title Exceptions, approved the survey of the Property and notified Seller of such matters. I (b) To the extent that Seller is unwilling to remove any Disapproved Title Exception from title to the Property, Buyer sh. 11 have waived objection to such Disapproved Title Exception. fi (c) Buyer shall have executed triplicate originals of the 'eal Estate Contract in the form described in this Agreement and delivered same to Escrow Agent with escrow instructions consistent with the terms of this Agreement ("Buyer!s escrow Instructions") . (d) Buyer shall have delivered the downpayment and funds sufficient to pay Buyer's other obligations pursuant to this Agree ent to Escrow Agent with Buyer's Escrow Instructions. i (e) All of the foregoing shall have occurred within the time 1 'mits specified in this Agreement. I 22 . 2 Following are conditions precedent to Buyer's obligation to close this transaction ("Buyer' s Conditions Precedent" . If . Buyer's Conditions Precedent are satisfied by Seller, 'ut Buyer fails to satisfy Seller's Conditions Precedent, Buyer shall be in default pursuant to this Agreement. (a) Seller shall have caused Escrow Agent to deliver the Prelim nary Commitment to Buyer. (b) Seller shall have caused the survey to be delivered o Buyer. (c) Except to the extent waived by Buyer, Seller shall hav agreed to remove all Disapproved Title Exceptions from titl to the Property on or before the Closing Date and , shall Yiav tendered to Escrow Agent on the Closing Date such documents, funds and instructions required to remove all Disap rave Title Exceptions (except any waived by Buyer) from titleto the Property on the Closing Date. (d) Seller shall have executed triplicate originals of the ; R al Estate Contract in the form described in this Agreement and delivered same to Escrow Agent with escrow instructio s consistent with the terms of this Agreement , ("Seller' s Escrow Instructions") . (e) Seller' s representations, warranties and agreements contained in Section 21 of this Agreement shall be true and c rrect as of the Closing Date. I I (f) All of the foregoing shall have occurred within the time! 1 mits specified in this Agreement. 23 . REMO AL OF IMPROVEMENTS AND PERSONAL PROPERTY. I At eller's sole cost and expense, and prior to delivery of posses ion of the Property to Buyer, Seller shall have the right tIo remove from the Property any and all improvements, including, but not limited to, landscaping, fencing, irrigation system co ponents, metal sheds and buildings, building fixtures and all .Ifu' nishings, fixtures and personal property of Seller. -6- c u PURCHASE A REEMENT CITY OF RENTON/HORBACH • 24 . REL CATION OF EXISTING UTILITY EASEMENTS. Seller hereby agrees that Buyer may, at Buyer's sole cost and expense, relocate any existing utility easements located on the Property. (Seller) The City f Renton, Washington, a Washington municipal corporation By : SOACIMAA ) , 5i,l 04,'8N Its_I Mayor By e Its City Clerk (Buyer) EugOle Ho back dba E&H Properties, qs his separate property . I -7- L PURCHASE 'GREEMENT CITY OF RENTON/HORBACH • ' SCHEDULE 1 - DESCRIPTION OF PROPERTY . • 1 That portion of the Northwest Quarter of the Southwest Quarter of Section 8 , Township 23 North , Range 5 East, W.fl. , in King County, Washington, described as follows : . COU4ENCING at the point of intersection of the Northerly line of said subdivision with the ..NorLherly production of the , . Westerly nargin of Park Avenue North as shown in RENTON FARM PLAT, according to the plat recorded in Volume 10 of Plats, Page 97, in King Clun y, Washington; Th nce Southerly along said margin as produced to a point thereon wzicli is 715 feet North of the Southerly line of said sub- . division, and the TRUE POINT OF BEGINNING; , • �Th _nce West parallel to and, a distance of 715 feet North of the ,iSo th line of said subdivision • to the Northerly production of the Ice terline of Pelly Avenue ' North (Pelly Street) as shown ,i RENTON1IFA 1 PLAT NO. 2, according to the plat recorded in Volume 11 of Plats, Page 32 , in King County, Washington; ` 1i.nce Southerly along said produced centerline to a point on the No ' Lherly margin of North Gt-h Street (6th Avenue North) which its , 0 feet North of the centerline of said North 6th Street; Th:nce Easterly along said Northerly margin to the Westerly , margin it f said Park Avenue North; Irrh:nce Northerly along said Westerly margin to the TRUE - POINT OiII;F :.EGINNING; 1 lEX EPT 'the South 185 feet of the East 107. 5 feet thereof ' as convil y:d to Wesoc Corporation by deed recorded under King • 1 County Re•ordiny No. 4970240. • • XiLP`l' the South 10 feet thereof as conveyed to the City of Renton IIol ,roadway purposes by deed recorded under King County Recordi�l q No. 8609111671. • ' SU:JECT TO a: utility easement over, across and under ' the Wesite ly 15 feet, and water transmission easement over, across and under the Southerly 15 feet of the Northerly 135. 5 feet of said • propertiy. • . !SU IJECT to a transmission line easement as recorded under King Coun y Recording No. 8107240568. • • 1. . . I . i 1' U • { i ' • SCHEDULE 2 - EARNEST MONEY NOTE i I $100, 0001. 01 U.S. Funds Renton, Washington 1 November 5, 1986 I 1 EUGENE. HORBACH DBA E&H PROPERTIES ("Maker") , hereby promises •o pay to The City of Renton, Washington, a Washington municipal corporation ("Holder") , the principal sum of One Hundred T ousand Dollars on or before the Closing Date as defined i that certain Real Estate Purchase and Sale Agreement J of even! sate with this Note ("Contract") between Holder, as Seller, la d Maker, as Buyer, which concerns the purchase and sale of io'her's Park, Renton, King County, Washington. This note is payable strictly in accordance with the terms o the Contract, which provides that this note may be returned t• Maker under certain circumstances. If Maker defaults pursuant to the Contract, Maker • hereby agrees to pay this Note to Holder upon demand. Maker agrees to pay all costs of collecting this Note, including, but not limte• to legal fees, court costs and out-of-pocket costs., If defaults pursuant to the Contract and fails to pay this Note on or bef•re the tenth (10th) day following receipt by Maker of demand by Holder for payment, this Note shall bear interest at • ten percent (10%) per annum from the date of demand by Holder until this ote is fully paid. (Maker) • Eugene Horb:ch dba E&H Properties, as hisjse•arate property • I . . . • - I � I I I { • FORM A�l 964 SCHEDULE' �- REAL ESTATE CONTRACT . • RLL,L ESTATE CONTTRAC'k • THIS CONTRACT,made and entered into this day of • , 1986 between The City of Renton, Washington, a Washington municipal corporation � I hereinafter'called the"se ler," and Eugene Horbach dba E&H Properties, as his separate property, I i i I hereinafter called the"p rchaser," WITNESSETH: Tb,t the seller agrees to sell to the purchaser and the purchaser agrees to purchase from the seller the IiiKaller real estate) wit 'the appurtenances, in Renton, King County, State of Washington which is descr' aa=. in Schedule 1 hereto. .Additional terms of this contract are set . • forth in Schledu e 2 hereto. If there is a conflict between the terms of this ins - t and Scheduled2, the terms of Schedule 2 shall govern. • • • • 1 I • I I The terms and Icondi ions of this contract are as follows: The purchase price is • I ($ ) Dollars, of which • ($ • ) Dollars have been paid, the receipt wh-reof is hereby acknowledged, and the balance of said purchase price shall be paid as follows: • I �I • . � I • Ii • • • I I I I I I All payments to be made hereunder shall be made at or at such other place as the seller may direct in writing. • As referred to in this cont act,"date of closing"shall be (1) The purchaser a•sumes and agrees to pay before delinquency all taxes and.assessments that may as between grantor and grantee hereafter become a lien in said real estate; and if by the terms of this contract.the purchaser has assumed payment of any mortgage, • contract or other eneutnb ance, or has assumed payment of or agreed to purchase subject to, any taxes or assessments now a lien on said real estate, the purchaser grees to pay the same before delinquency. (2) The purchaser a:.rees, until the purchase.price is fully paid, to keep the buildings now and hereafter placed on said real estate insured to the actual)cash value thereof against loss or damage by both fire and windstorm in a company acceptable to the seller and for the seller's benefit, as hi• interest may appear, and to pay all premiums therefor and to deliver all policies and renewals thereof I1to the seller. (3) The purchaser agrees that full inspection of said real estate has been made and that neither the seller nor his assigns shall be held to any covenant respectin.• the condition of any improvements thereon nor shall the purchaser or seller or the assigns of either be held;to any covenant or agieeme t for alterations, improvements or repairs unless the covenant or agreement relied on is contained herein or, is in writing and attaclied ti and made a part of this contract. (4) The purchaser a-sumes all hazards of damage to or destruction of any improvements now on said real estate or hereafter placed thereon,and of the taking of said real estate or ahy part thereof for public use; and agrees that no such damage, destruction or taking shall constitute a failure olf co sideration. In case any part of said real estate is-taken for public use, the portion of the condemnation award remaining after payment f reasonable expenses of procuring the same shall be paid to the seller and applied as payment on the purchase price herein.'unless the sell r elects to allow the purchaser to apply all or,a portion of such condemnation award to the rebuilding or restora- tion of any improvement• damaged by such taking. lit case of datnageor destruction from a peril insured against, the proceeds of such insurance remaining after ayment of the reasonable expense of procuring the same shall be devoted to the restoration or rebuilding of such . improvements within a casonable time, unless purchaser elects that said proceeds shall be paid to the seller for application on the purchase price herein'. (5) The seller has d livered, or agrees to deliver within 15 days of the date of closing, a purchaser's policy of title insurance tin standard form, or a tom fitment therefor, issued by Transamerica Title Insurance Company, insuring the purchaser to the full amount lof said purchase price agains loss or damage by reason of defect in seller's title to said real estate as of the date of closing and containing no exceptions other than the following: a. Printed general ex eptions appearing in said policy form; • b. Liens or enctUmbr nces which by the terms of this contract the purchaser is to assume, or as to which the conveyance hereunder is to be made'subj et; and c. Any existinglcont act or contracts under which seller is purchasing said real estate, and any mortgage or other obligation, which seller by this'cont act agrees So pay, none of which for the purpose of this paragraph (5) shall be deemed defects in seller's title. • SCHEDULE 3 REAL ESTATE CONTRACT inn No. W,144.1 SCHEDULE 1 - DESCRIPTION OF PROPERTY That ,portion of the Northwest Quarter of the Southwest Quarter of Section G , Township 23 North , Range 5 East , I•;.L1. , in • King Cou�ll ty, Washington, described as follows : COMMENCING at the point of intersection of the Northerly line of said : subdivision with the Northerly production ' of the Westerly ; margin of Park Avenue NorLh ' as shown in RENTON FARM PLAT, I according to the plat recorded in Volume 10 of Plats, Page 97, inI . King Cou4y, Washington; • T1�lence Southerly along said margin as produced to a point thereon jhicli is 715 feet. North of the Southerly line of said sub-'; i division, a ld the TRUE POINT OF 'BEGI NNI NG; ' 1 '16ence West parallel Lu , and a distance of 715 feet North of the South line of said subdivision to the Northerly production of the celnterline of Pelly Avenue North (Pelly Street) as shown it RENTON FARM PLAT NO. 2 , according to the plat recorded' in Volume ' 11 ' of Plats ,' Page 32 , in King County., W'ashingLon; . . i Thence Southerly along, said produced centerline to a point on the Nolr ttierly margin of North G Lh Street (G th Avenue North) which is 'I30 feet North of the centerline of said North Gth Street;i T1i!ence Easterly along said Northerly margin to the Westerly margin of! said Park Avenue North; Thence Northerly along said Westerly margin to the TRUE • POINT OF 3EGIIJNING; EX�CE T the South 165 feel of the East 107. 5 feet thereof as conveyjed to Wesoc Corporation by deed recorded under King County Reco ding No. 4970240. . EXCEIT the South 10 feet thereof as conveyed Lo the City of Renton for oadway purposes by deed. recorded under King County Recording, N. . 8609111671. SUBJ 'T ECT O a utility easement over, across and under ' • ' the Westejrl 15 feet , and water transmission easement over, across and under tle Southerly 15 feet of the Northerly' 135. 5 feet of said property.; • SUBJ CT to a transmission line easement as recorded under King 'CounlILy Recording No. 8107240560. I I i . i . WL. 4 . •' 11 1 1 . II SCHEDULE 2 - REAL ESTATE CONTRACT 1. DEED RELEASES. Seiler shall deed release any part of the real estate designatEd by Purchaser by partial fulfillment deed if the following c•nditions are met: li (a . Purchaser pays a principal payment with respect to the purcha e price (by way of the downpayment or prepayment) in the amount of Eight and Sixty Hundredths Dollars ($8. 60) for each squar- foot of the real estate which is released to Purchaser. (b. The part of the real estate which is conveyed to Purchaser by partial fulfillment deed constitutes a legal lot and is not in violation of the subdivision or platting statutes or appliciab_e laws, ordinances or regulations. (c) The real estate shall be released in contiguous parcels, commencing at the South end of the real estate and proceedir0 iEo the North end of the real estate. No withstanding the foregoing provisions for partial release ;of parts of the real estate, Seller shall fully convey all of th- real estate which is the subject of this real estate contract lt. Purchaser upon payment in full by Purchaser of the balance ;of the purchase price for the real estate in accordance with thelte ms of this Real Estate Contract. 2 . ,OT ER TERMS. Al terms of this Real Estate Contract which are not specificall modified by the provisions of this Schedule 2 shall remain in; f 11 force and effect. (Seller) 'I The City of Renton, Washington, a Washington muncipal corporation By Its By Its (Purchaser) Eugene Horbach dba E&H Properties, as his se•arate property I s t I 1 CITY OF RENTON •o Lawrence J. Warren, City Attorney Daniel Kellogg - David M. Dean-Mark E. Barber - Zanetta L. Fontes -Theodore,R. Parry Assistant City Attorneys • November 25, 1986 C1)1-S TO: Barbara Y. Shinpoch, Mayor 2 6 198 FROM: Daniel Kellogg, Assistant City Attorney ' RE: ' Sale of Mother' s Park to Gene Horbach Dear M.:yor Shinpoch: I enclose to you two copies of the Real Estate Purchase and SaleLAIreement for the sale of the Mother' s Park property whic ave been signed by Mr. Horbach. This document has now e:•n approved by our firm for execution by the City. Please execute the document on behalf of the Seller on page 7 on eac copy.. The Clerk should attest to your signature on both documents and return the documents to me. Our la .t meeting .with Mr. Horbach and his attorney was held in Dic . Houghton' s office on November 5, 1986. We were to have received these documents by November 7, 1986. Unfortunate y they were held up by Mr. Horback until he delivered them to our office on November 24, 1986. The closing of this matter is sche1du ed on or before December 19 , 1986 so your prompt review, of thi-. matter would be appreciated. We have received the earnest 'money note in the sum of $100 ,000'. 00' together with Mr. Horbach' s contribution commitment and Promiss.ry Note the sum of $216 ,250. 00. Please call me if you have any questions. Ver yours , Daniel Kellogg DK/j,w • Encls. cc: John Webley cc: D ck Houghton cc: ke Parness cc: Din Clements Post ¶ffi e Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 CITY OF RENTON �i } ' Lawrence J. Warren, City Attorney 11110�dl Daniel Kellogg - David M. Dean -Mark E. Barber -Zanetta L. Fontes -Theodore R. Parry li Assistant City Attorneys November 25, 1986 Mr. Thad Alston FirOt Interstate Center Suite 3450 Seattle, WA 98194 li Re: Mother' s Park Property Sale Dear Thad: We 'received the documents from Mr. Horbach on November 24 , 1986. We have forwarded them directly to the City. Upon receipt of thee ecuted douments we will send an executed copy to you for . your ecords and deliver one copy to Safeco Title. Parag aph 20 of the Agreement was left blank by Mr. Horback • andlw have similarly left it blank. Please let me .know if there is anything that we need to do to exp',edilte this closing. We intend to insist upon closing in acc;or ance with the terms of the Agreement. Very truly yours , Daniel Kellogg 11. DK/ijw cc q Mayor Shinpoch cc: John Webley cc: ' Dick Houghton ke Parness cc:11 pan Clements • • Posi� Office Box 626 - 100 S 2nd Street - Renton. Washington 98057 - (206) 255-8678 4,112/! 1 . . e, , CITY OF RENTON %0 . '?- Lawrence J. Warren, City Attorney ..LL Daniel Kellogg - David M. Dean-Mark E. Barber -Zanetta L. Fontes -Theodore IR. Parry 11 Assistant City Att•rneys November 5, 1986 J TO: Dec . Houghton, Public Works Director FROM: L-wrence J. Warren, City Attorney RE: P r . Avenue N. Right-of-Way North 6th to North 8th Dear Dic • : You have forwarded to me a drawing of the right-of-way on Park Avenue North. The original 60 foot alignment of Park Avenue N. is cle r y shown on the drawing. There is then a 10 foot strip of probe ty that was not deeded to the City and following that gap ania•ditional 10 foot. strip that was deeded to the City. In other words, there is a gap between the old alignment of Park Ave ue North in a later 10 foot strip acquired by the City. You inqu•re as to what to do with this intermediate undeeded strip. It is mo e than likely that the City has title to that undeeded strip th ough adverse possession. If the City has exerted dominioi and cont of over that property in a continuous manner for a period of ten y-ars or more, then it belongs to the City through adverse possessi•n. Since the 10 foot strip further to the east was deeded t. the City in 1942, it would appear clear to me that the City has exerted some dominion and control over the intermediate ; undeeded strip since that time. The City has three choices: (1) file an action to quiet title . to the u deeded strip, (2) search the title to the undeeded strip and try and acquire quit claim deeds for a reduced price, or (3) rely upo our title by adverse possession, ignore the whole situation and wait for someone to contest our title. 1 The last alternative is the easiest to follow and does not require any present funding. However, if the City should ever be challeng-d on this title, the defense could be expensive. 1 1 The decision largely depends on whether or not there are any prese t improveme is on the disputed strip. If there are any improvements • of a public nature on that disputed strip that have been in that ; location for ten years or longer, then we have clearly perfected I . our title through adverse possession and need do nothing. However, I Post Offic: Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 Dick Houg i ton Page 2 November '. ,, 1986 if this p operty is being held for future improvements, then the choice is somewhat more difficult. I reall1y toubt that anyone expects that the undeeded 10 feet belongs to them and that they should have any right to compensatior-. Too much ' ime has passed from the original deeds and the property is of value to anyone, separated' from any possible ownership by a 10 foot strip. I hesitate to try and obtain quit claim deeds. . because i ' is then going to raise the question as to the ownership of this u deeded 10 foot portion.. However, I will need to know further i formation about the property before I can decide exactly what step- should be taken. For example, if the City has maintain=d the und�ee•ed 10 feet and has treated it as its own, then we probab y. have titl: by adverse possession. It is even questionable whether or not it would be cheaper to file an action to quiet title or to negotiate the quit claims necessary to clear title. Perhaps both should be done at the same time. If ..you ha e any further information about what improvements are on the dispu•ed 10 foot strip or what dominion and control has the City has exerted over that 10 feet, it would help me. ' I Lawrence J. Warren LJW:nd' cc: Mayo • • .ih ' i • 1i 1 Arct.r., I,AY j WHKN NKCO ROPD MUNN TOt KtNA C01.1Nr�''�""'� NQ FXCISE TAX Warren & Kellogg, P,3, .Sty ' 1 'il (1,r l ft 416 MCP Z 11 86 Attorney at Lew P.O. Hots 626 Ny r o.: 1+ E089794" hentoh, A 9405/ lit c't.,, I, , ��.�yliMr�.M�M M••���+r. Mrw•��.b i..�,.r,..,� ._._____. 11 QUIT CLAIM 1 PEfl ;I J 96-'09/11 MtSTt 11 t4 TUC CtTX or UNION, A Washington municipal ferOuratio6,00or and , fa in co eideretLon of Ten Dotlare ($10.00) and othterkti4d and vattltk0100OO ; consider tion convey(e) and quit nl*im(e) to TUC CITY OF RRNTON, a Waehinet n municipal oorporetion, the Pollewint$ deeorihed real T4 eetath, ror roadway woos**, situated in King County, State of W$11111.001bOn, together with ill after aoeu#red title of the Crantor(e) i,3 thera�,n I W 1 The .Mouth 10 feet of the foLlowtna described pro arty: That - portion of the Northwest Quarter of the Sou hweet Quarter of Motion 8, Townehip 23 North, Range 0 Kent, K.M. , in King County, Nsehl.nRton, desortbed as , $'011 owes ,, COMMKNCZNO at the point of intersection of the Northerly line of said subdivision with the Northerly pro'uotion of the Westerly margin of Park Avenue North as who' of in Ill1NTON FARM PLAT, Recording to the plat r,norded ' in Volume 10 of Plata, Page 97, in King County, , . 46 tngtont Thence Southerly along said margin as produoed to a • Aim thereon which is endf the TNR11K POINT the @CUNNING} ! . 1I Thence West parallel to and a distance of 710 feet 'IN* th of the South line of amid subdivision to the • ' 'No therly production of the oenter'line of Pally Avenue !North (Petty Street) as shown in ONION FARM PLAT NO. Pp '• iec•ordine to the plat recorded in Vnlunte 11 of Plate, Paso 32, in King County Washington; , Thanoe :Motherly along said produced oenterilne tQ e !pa nt on the Northerly margin of North kith Street (6th IAV ,nue North) which is 30 feet North of the centerline of i !ea d North 6th Street; i Thence Raeteriy a1inr; said Northerly margin to the !We tarty margin of sail Park Avenue North; 7 Jr/ - - - . • Thenoe Northerly along said Westerly margin to the TRUE POINT or GROINNINa 1 . gXChPr the ,Mouth 165 rest or the Raab 1O7. 1 feet. thereor an eenveyed to Mew Corporitton by deed recorded under Ring County fnoording No. 4970240, Dated: September 1.40 1956. j ? Mayor, City or Renton ti . • a• x1a mower City Clerk, City of Renton S!ATH OP WASHINGTON ) ) . cbuN. r or KsNCI ) .� Qn this day poraonafly appeared before me ivamo , Y. 4F1INPIX , Maayor, and MAXINE MOTOR , City Clark , to me known to be the indi iduelie) deaorLbed Ln hnd who e*eo4ted the within end roroiotns Diet' ument, and aaknowloJaed that they eianed the name s n their free and voluntary cot end deed, for the ueee •nd purpose* therein oent,Oned. • Dated! September II , 1966, •,,,, I � , \ ".. • • ► As u• To"Pi 1 & ,pr"Chi State Wee f rdevic elifi ns . �M.,, ►Nut►4 t;. ..,.,..r!rs SS£L 0002x: £0 ' d 92 : TT 69• 90. 90 • £2L7 £ £ 902 WO6A d2l±IWSINdell • it I e ,,, -I.': A. 4N-- .--__ [ �� VIJ OFFICE 'OF THE CITY ATTORNEY • RENTON, WASHINGTON t% w ' , Z 4rIG,.b- POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98057- 255-8678 o o • 1;' �^' LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT(CITY ATTORNEY DAVID M. DEAN, ASSISTANT CITY ATTORNEY Ep MARK E. BARBER, ASSISTANT CITY ATTORNEY A�9gT SEPE � 1 � ZANETTA L. FONT ES ASSISTANT CITY AT September 9 , 1986 E , IATTORNEY MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY rl 171 i . 1 ..' cm°u�l91 HII .: r1iI1 TO: Don Monaghan, Design Engineer \' •... FROM:1 D.niel Kellogg, Assistant City Attorney RE: , M•ther' s 'Park SEP 9 1986 R-servation of Right-of-Way Dear Do : 'I enc10 e to you the Quit Claim Deed which we have prepared for the purpose of reserving the southerly 10 feet of the Mothe ' Park property for right-of-way purposes. We have redrafted your form of Deed since we wanted to indicate that the res-rvation was for right-of-way purposes so that an appropr' ate accounting trail is made for purposes of any . audit. Please secure the execution of the Deed and the Excise ax Affidavit and record the document. We woul. appreciate receipt of a copy of the recorded instru- ment.' n addition, please inform us of the recording number , as sopn as the Quit Claim Deed goes of record so that the legal descrip ion of the remaining parcel can be finalized. Thank y.0 for your assistance with this matter. � Very truly yours , d (; 1-A :).-----7—..., II Daniel Kellogg -DK/jw,j Encl. cc: Ma or Shinpoch Maine Motor `Jo n Webley pA OF RI41 , r!rNiN.'• , A, rw: OFFICE OF THE CITY ATTORNEY e RENTON, WASijINOTON ...., a• s 0 , 0 Z : POST OFFICE BOX 028 WO §2nd STREET 0 RENTON, WASHINCITON 90067 2644,4 • I. mat.0 Nr li i 1 num LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGO, ASSISTANT IT Ancgmgy . 13 I 1/471' i .0 1 VDAVID M. DEAN, ASSISTANT Gay, ATTORNEY 0 .9 4 MARK E. BARBER, V ASSISTANT CITY ATTORNEY .rcg% 0 SEP,-1 ' ZANETTA L. FONTES, ASSISTANT CITi"ATTORNEY .. 1 September. 3, V 1986 MARTHA A. FRENCH,AssioTANT Ci IT #TTORNEY 1 I , 2 Mr. Th.d Alston First interstate Center Suite ,450 , seattl., WA 98194 . f 1 . Re; H.E. Properties , Purchase of Mother' s Park Property Dearl[ T ad: - 1 . , ._ I amlw itipg to inform you that the Environmental Review ,,' Commit ee of the City of Renton met on September 2, 1986 and 4e ermined that it was appropriate to waive the 10 foot . dedication along Park Avenue North which had been required VVVV as alcondition of the grant of the recent rezone. This will no be submitted to the City Council for approval. If apprived, it will increase the net area of the property to 154 ,463 .97 square feet. This will increase the purchase I price t. $1,235,700 .00, and the charitable contribution to $216;250.00 . - For you information, I am informed by the Building and Zonin V Depart -nt that the property and the buildings thereon are - presently legal non-conforming uses. The buildings do not. V H meetIth- current building codes, but that may be of little concrn to you since your client intends to demolish them. We will wait for a response from you to my letter VQf August 27 ,, 1986 Very truly yours, ' .. , Daniel Kellogg DK:nd cc; Mai or Jo' n kWebley Da, Clements Di k Houghton V V V V V V V V V V V V V V VV V V5 Mi e Parness .• r ,� . Mr. Th.d Alston . Page 2 Sepi,�e •er 3, 1986 P.Sn e are also enclosing to you the revised record of survey deleting area "B" Which is the dedication along . Park Avenue North. DK . • . F . • ill . j . i . • • � t OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON 4: , POST OFFICE BOX 628 100 S 2nd STREET . RENTON, WASHINGTON 88057 255-8878 p LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9,0 `o' DAVID M. DEAN, ASSISTANT CITY ATTORNEY MARK E. BARBER, ASSISTANT CITY ATTORNEY 9�T6.1) SEP-�*I'53 ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY August 28, 1986 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY TO:.j Richard Houghton, Public Works Director FROM: Daniel Kellogg, Assistant City Attorney RE:', Sale of Mother' s Park Property Dear Dick • I h4v= enclosed to you a copy of my letter to Mr. Horbach dated August 27, 1986. My letter to Mr. Horbach discusses the e ,ceptions which you noted regarding the survey of the property. I would anticipate that Mr. Horbach will have no objection to our p oposal to delete Areas "A" and "B" and to reserve ease- ments for the existing utility lines across the northerly portion of th= property and along the westerly boundary. I I Therefore, we would request that you immediately prepare an application for a lot line adjustment to move the southerly , boundary of the parcel ten feet north so that the street improve- ments remain on the public right-of-way following the closing of the: transaction. As a part of that application, it will be nec'es-ary to revise the legal description for the main parcel. That •evision should also outline the exception of the easterl ten; f:et which is to remain as a portion of the public right-of- way' p rsuant to the rezone approval. Final y, it will be necessary to prepare the appropriate legal des'cr 'ptions for the two easements that are to be reserved at closing. Please prepare the appropriate easement documents and forward them to our office for review. We will then submit them to Mr. Horbach for his review. . • 1. t Richard Houghton August 28, 1986 Page -2- If We can be of any assistance to you with regard to these regies s, please contact me. Time is of the essence since we und-rstand that Mr. Horbach is interested in closing this transa tion at the earliest possible date. Very truly yours , Daniel Kellogg DK/jw Encl. cc: M:yor Shinpoch cc: John Webley cc: .Dan Clements cc: ke Parness + I !ram! �J. jSA.( c ' ;oF 1 . 3f y ' OFFICE OF THE CITY ATTORNEY • RENTON, WASHI GTON ti o 0 ;..: POST OFFICE BOX 628 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8878 n urn r 0. LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CIT ATTORNEY 01 it `O' DAVID M. DEAN, ASSISTANT CIT ATTORNEY MARK E. BARBER, ASSISTANT•GITY ATTORNEY 409TED SEP� r�� ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY August 27, 1986 MARTHA A. FRENCH,ASSISTANT CIT ATTORNEY I - I I • • Mr. Bug-ne Horbach E&H P'iro.erties P. O 1, Box 598 Eellevu- , WA 98009 ' I -e: Purchase of ,Mothers Park Property Dear 1Ge e I am�lwr ting to you directly in view of your representation to our off ce that Thad ,Alston is not available this week. I am sending a copy of this letter to Mr. Alston so that he is fully informeJ of our communication with you. I I have -nclosed to you a copy of the survey of the Mother 's Park propelirt dated August 21, 1986 which has been prepared by Kenneth Oyler. I trust that the survey will be approved by you so that it can orm the basis for a determination of the square footage of the Property for purposes of calculating the purchase price: You wil note that there are five areas on the survey which are • marked ith various colors and which require some explanation: 1 1. Are "A" is the southerly ten feet of the property fronting On orth 6th. St. We are informed that the street improvements aibu ting North 6th St. , as built, occupy this area. We would pro ose that the City make application to secure a lot line adj stment to move the southerly boundary of the Mother' s' Park pear el ten feet north so that the street improvements remain in he ownership 'of the City. The square footage of Area "A" inn he total sum ,of 1,492. 96 square feet has been deducted i • fro the gross area' of the entire parcel for' purposes of com put.:tion of the net area. If this is acceptable to you, the P'ur' hase and Sale Agreement should reflect the lot line adju, t- n�en as a condition of closing. • 1 1 • I ,r` • '; • I • 1 Mr. Eugene Horbach • August 27, 1986 Page 1 2- 1 1 2. Area "B" is the easterly ten feet of the parcel abutting Park Avenue North. We are informed that this strip of land was equired to be dedicated to street purposes as a con- 1 diti•n of the rezone of the entire parcel. The entire area of Alea "B" in the sum of 5,000 square feet has been deducte• from the gross area of the parcel in determining the net area whic you are purchasing. We propose that the legal. description be . ended to reflect the deletion of this area from the par el you =re purchasing. 3. The esterly 15 feet of the property contains utilities for whic an easement needs to be reserved. We propose that the legal description of the property reserve an exception for thes- utilities. However, the area to be burdened by the util. ty easement would not be deducted from the gross area of the •arcel for purposes of computation of the purchase price sinc- we anticipate that this land will be fully usable by you ' or purposes of your building setbacks, parking area or inst= llation of utilities. 4. Ther- is an existing waterline running east and west on the prop-rty approximately 125 feet from the northerly boundary of the •roperty. We are informed that there is no recorded eas-- ment to protect that waterline. We propose that the area 1 mark-d in blue on the survey map be specifically legally de- scri•ed and the legal description of the parcel reflect a rese vation of a 15 foot easement for utilities in that loca- tlon The area encompassed by this easement has not been dedu ted from the gross area of the parcel since we presume] that the land will be fully usable by you. 5. Ther- is an existing transmission line easement recorded under ' KLg County recording number 8107240568, the area of which is outlined in yellow on the survey map. It appears from the sirv-y that the transmission line, as built, is not entirely within the area of the easement as recorded. I have not rel view-d the specific terms of the easement. I presume that y u will make such investigation as you deem necessary to determine whet er this easement, and the facilities as constructed, are acce•table to you. Once again, the area enclosed by this ease- ment and the facilities as built, have not been deducted from the cross area of the parcel for purposes of computation of the purc ase price. � I I i o i Mr. Eugene Horbach August 27, 1986 Page 3- As discl•sed by the survey, the gross area of the parcel, includ- in g Areas "A" and "B" is 155,956. 93 square feet. From this figurIe is deduc ed the square footage of Area "A" in the sum of 1,492. 96 square f-et and the square footage of Area "B" in the sum of 5,000 square f-et to render a net area of the remaining parcel which is to belco veyed to you in the sum of 149 , 463. 97 square feet. This square footage, if approved by you, will render a purchase price for the •urposes of paragraph 2. 1 of the Real Estate Purchase an Sale Agr-ement, of $1,195 ,700. 00. The charitable contribution portion •f the purchase price would be $209 ,250. 00. I hope that this fig re can be included in paragraph 2 of the Earnest Monei Agreemen . Finally, now that the survey is available for your review, we wouldur•e that you propose a deed release plan which you can su - mit far •ur review and approval. We want to accommodate any reason- able req est on your part for deed releases. However, we do wish to have : plan in place so that our interest in the remainder of the prop-rty is not jeopardized by your deed release needs. We will ow ask the engineer to prepare a new legal description of the 1, 9 ,463. 97 square foot area which is to be conveyed to you at closi g. This revised legal description will not include the area des" gnated as Areas "A" and "B" in the survey. We will submit the legal description to you as soon as it is available for your review a d inclusion in the Purchase and Sale Agreement. Please c•ntact me at your earliest convenience if you have any question with regard to the foregoing matters or the matters set f.orthCin our letter of August 21, 1986. Very truly yours , Daniel Kellogg DK/jw Encl. cc: Thai• Alston cc: Mayer Shinpoch cc: Joh Webley cc: Dan Clements cc: pi Houghton cc: Mike- Parness ' I I II �,rl. Via; J -o�.." 1t'Lc ' OF R4,� � A OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON POST OFFICE BOX 828 100 S 2nd STREET • RENTON.WASHINGTON 98057 268-8878 LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY l DAVID M. DEAN, ASSISTANT CITY ATTORNEY 9�'�gTFO �E�pO�Q MARK E. BARBER, ASSISTANT CITY ATTORNEY SEP ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY August 1, 1986 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY David E. Lawson Senior Trtle Officer Safeco T'tle Insurance Company P. O. Bo 21987 Seattle, WA 98111 Re: Order No. : DL-453783 City of Renton (M(Aher' s Park) Dear Dav d: Thank yo for your letter of July 30, 1986 and the enclosed copy of the Warranty Deed from Lee Monohon, as well as the Quit Clla m Deed from his heirs to the City of Renton. I have e closed to you a very clear copy of the Quit Claim Deed fro' the heirs of Lee Monohan to the City of Renton dated lAp' il 19, 1955 and recorded under King County record- ing numb-r 4568653. This clear copy of the Deed should resolve', the q>res ion which you posed in your letter of July 30, 1986 and whic is the basis for the second half of Note C of Schedule B of the above mentioned title report. As you w ll observe, the Quit Claim Deed explicitly provides that: "This deed is executed and delivered by the Grantors, the sole heirs of Lee Monohan, deceased, for the purpose of extinguish- ing and removing all restrictions, limita- tions or conditions created by or reserved in that certain deed from said Lee Monohan, as Grantor, to the said City of Renton, as Grantee, dated September 8, 1939 , and re- corded under Auditor' s File No. 3063635 in Volume 1861 of Deeds at page 142, records of King County, Washington . . . . " David'iE. Lawson August 1, 1986 Page -2- The Giantors of the Quit Claim Deed then expressly provide on page :Z, without limitation of the foregoing general release of the restrictions, that they consent to the exchange of part or all of the property for other property to be used for park, playground or other recreational purposes. We believe it is clear from the foregoing that the restrictions upon use of the Moth r's Park property which were imposed by the Deed from Mr. Mono an in 1939 were completely waived the Quit Claim Deed of r. Monohan's heirs in 1955. The last paragraph of the Quit Claim Deed is simply surplusage in an apparent over abundanc of caution to make certain that an exchange of the park pro erty for other recreation property would not be pro- hibited. I trust hat the foregoing will be helpful to you and that you will be le to remove the latter portion of Exception C to Schedtale B of the title report so that we can proceed to clos- ing of t is matter. Please c •11 me if you have any questions. Very truly yours, Daniel Kellogg DK/jw Encl. cc: Mayor r Shinpoch cc: Mik- Parness cc: Jbh Webley cc: Dian Clements cc: That Alston i il;V!)V -6' hi, Noy. r R4' u. ,(r'�' OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON " -. ) 111 `i Z `� POST OFFICE BOX 828 100 8 2nd STREET • RENTON, WASHINGTON 98067 266-8678 - np LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY.ATTORNEY 4 co- DAVID M. DEAN, ASSISTANT CITY ATTORNEY o,94T SEP M0� MARK E. BARBER, ASSISTANT CIT IY ATTORNEY Fa �� ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY - July 30, 1986 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY TO: Mike Parness John Webley Dan Clements ' I FRO : Daniel Kellogg, Assistant City Attorney RE: Sale of Mother' s Park Property. Gen lemen: T a enclosing to each of you copies of the following doc ments which we have received from Mr. Horbach: Cover letter of July 26, 1986. Preliminary Commitment for Title Insurance Statement of Financial Condition of Eugene Horbach as at December 31, 1985 Earnest Money Note dated July 25, 1986 in the sum of $100, 000 .00 Commitment Letter dated. July 25, 1986 with enclosed Promissory Note in the sum of $240,000 .00 Real Estate Purchase and Sale Agreement • Following my discussions with all three of you and with TIao Al ton, Mr. Horbach' s lawyer, the following comments may be of as istance in analysis of the proposed transaction: 1. On page 2 of Schedule "B" of the preliminary commitment for title insurance, Safeco Title has raised a question regarding the right of the. City to convey the property free and clear of the obligation imposed by the dedication of the property for park purposes. I know that each of us has reviewed Mr. Warren's Memorandum` on this subject. I have asked the Title Company , to provide me with the underlying documents which are causing. them to raise this issue . We will simply have to resolve this matter to the satisfaction of the title insurer and to Mr. Horbach prior to closing. I 1 . Mike Parness Jchn Webley Dan Ilements Page 2 July 30, 1986 2 . Mr. Horbach' s commitment letter of July 25, 1986 to make a $180,000.00 cash contribution does not appear to conform to the prior negotiations. As I understand it, his obligation I is to contribute $1..40 per square foot as finally computed by the survey of the property. This would yield a contribution of closer to $240,000 .00 which is the amount that is set forth in the promissory note which evidences the obligation. Mr. Alston informs me that the redraft of the Purchase and Sale Agreement should probably reflect the precise amount of the gift as a part of the consideration for sale of the property. I assured, him that under the provisions of Washington law there was nothing about this transaction that was not subject to public disclosure once the trans action is finally in place. 3. The Purchase and Sale Agreement anticipates the completion of a survey not later than September 1, 1986 which would be used to determine the purchase price of the property. It would probably be much easier if it were possible to secure the results of the survey within the next few days so that we could couch the purchase price and other terms in exact figures. 4 . Please note that paragraph 2 .1 of the Agreement provides that the survey is to be done at Seller's expense. 5. Paragraph 2 .2 of the Purchase and Sale Agreement is ambiguous as to whether the interest rate is fixed or floating. Dan Clements would prefer that the rate be adjusted quarterly. Thad Alston insists that 'the interest rate must be fixed. He estimates the current rate or the average of Travelers, Aetna and Bankers at 8 .5% per annum. We need to resolve the question of whether the proposed rate is adequate and whether the rate should be fixed or adjustable. 6 . Several modifications need to be made in the Deed - • Release provisions of the Real Estate Contract which is attached as Schedule "2" of the Real Estate Contract attached as Schedule "3" to the Purchase Mike P mess Johrn W bley Dan ',C1 ments page 3 July 30 , 1986 and Sale Agreement. The Deed Release consideration of $10 .00 per square foot includes the $8 .00 cash; purchase price plus the $1.40 per square foot charitable contribution, plus an additional 20% bonus to assure that the City's security in the remainder of the property is not impaired. On reflection, Thad Alston agrees with me that it would be well to have Mr. Horbach and the engineer set forth a plan for release of specific portions- „ of the property so that we can be satisfied that best portions of the property are not being deed released to the detriment of the remainder. In 11 addition, he is proposing that the deed release consideration be 120% of the $8 .00 purchase price, or $8 . 60 per square foot, since the charitable contribution would be a a p y ble in cash in one lump sum for the entire parcel . 7 . In several locations in the Purchase and Sale Agreement, the City' s remedies are limited to forfeiture of the $100, 000 .00 earnest money if Mr. Horbach should breach his agreement to purchase the property. On the other hand, Mr. Horbach retains all of his remedies in the event that the , City should breach its agreement, including remedies for damages and/or specific performance. Thad Alston indicates to .me that they are firm on this provision. He argues that since the property is only being held off the market for approximately ninety days, that the $100, 000 .00 earnest money forfeiture would be a sufficient remedy and far more than we would secure if we had granted them an option to purchase the property. This needs to be reviewed and a determination made as to what is appropriate from the City' s prospective. 8 . In paragraph 7 of the Purchase and Sale Agreement, the. City is obligated to provide an ALTA extended ; purchaser ' s policy of title insurance. Unfortunately, the policy that Mr. Horbach issued is a standard ' owner ' s policy. The ALTA extended policy provides additional coverages which a developer would be more likely to require and will cost the City approximately 25% more than the standard owner' s policy. In my view, it is not unreasonable for the City to provide the ATLA coverage as requested. C I 411 Mike P.rness John W:bley Dan 'C1:ments Pagel 4 July, 30 , 1986 9 . The provisions of paragraph 8 of the Purchase and Sale Agreement need to be extensively revised to grant unto the City the right to possess the property after the closing date. Thad Alston indicates that it is likely Mr. Horbach will have no objection to granting us the right to use the property, or the portion that he has no use for, until such time as he is ready to develop the property. Then he would give us a thirty day notice to vacate the property. There would be no rental compensation to Mr. Horbach for our use of the property. We would simply be obligated to pay the utilities incurred, provide insurance coverage and hold him harmless regarding any liability incurred by our use of the property. 10 . Paragarph 8 of the Purchase and Sale Agreement also needs to include specific language authorizing us to remove prior to the date that we transfer possession of the property, the personal property' • items which we can salvage . By review of Mr. Warren' s notes and after our discussions, the following are some of the items which I understand the City may wish to remove: plants, fences, metal sheds, irrigation system components, interior furnishings and equipment. I would proposed thatll Mr. Webley prepare a list of all of the items that the City would wish to remove from the premises 1 when we transfer possession and that these items be submitted to Mr. Horbach for his approval at this time rather than to create a potential for 1 dispute at a later time. 11. Paragraph 21 contains certain representations andj warranties which Mr. Horbach is requesting that the City make. The City must verify that each of these warranties is true and correct as of the date thel agreement is signed and as of the closing date of the transaction. There are two that are of particular concern to me. Paragraph 21.1 provides that there is no other written or oral agreement which will prevent our performance of our obligations under • the agreement. This could possibly apply to the restrictions upon our right to use the property for purposes other than as a park. This is simply 11/ • Mike 'arness Johxi ebley Dan Clements Page 5 July 30, 1986 f , an additional reason why we must resolve the title questions regarding that issue. Paragraph 21.6 provides that the property does not violate any building or zoning ordinances, that the current use is a permitted use and that the jproperty is a legal lot. We should check with Building and Zoning to verify that this representa- tion is accurate . Otherwise, we should exclude this representation and warranty and require that Mr. Horbach make such investigation as he deems necessary to ascertain that he will be able to use the property for the purposes which he desires. Finally, paragraph 21.9 warrants against any encroachment on our property or others. We must be certain that the boundary survey does not disclose any encroachment, and that no encroachment is known to us. Please review this matter at your earliest convenience and contact me zi h any questions or comments. Obviously, time is very criti•al in this transaction. However, I would insist that we take he time to review the matter carefully and be certain of each -tep that we take. I wou d be happy to meet with one or more of you if it would helpf 1 in your analysis of the offer that Mr. Horbach has mad- . I will await further word from you. Daniel Kellogg DK:nd cc: ayor . • I I CITY. OF RENTON, WASHINGTON % � Y ORDINANCE NO. 4001 AN ORDINANCE. OF THE CITY OF RENTON, WASHINGTON CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY. OF RENTON FROM HEAVY INDUSTRIAL DISTRICT (H-1.) TO BUSINESS DISTRICT (B-1) ' (R-035-86 MOTHERS PARK) WHEREAS under Chapter 7, Title IV (Building Regulations) of Ordinan e No. 1628 known as the "Code of General. Ordinances of the City of Renton" , as amended, and the maps and reports adopted in conjunc ion therewith, the property hereinbelow described has heretofore been zoned as Heavy Industrial District (H-1.) ; and . WHEREAS the City of Renton initiated a proceeding for change of zone classification of said property and the City Council held a publi. hearing thereon on June 2 , 1986, and said matter having been du y considered by the City Council and said zoning request being! in conformity with the City' s Comprehensive Plan, as amended, and all relevant matters having been duly considered, and all parties having een heard appearing in support thereof or in opposition thereto, NOW THEREFORE THE CITY COUNCIL OF THE CITY. OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION, I:, The 'following described property in the City of Renton ' s hereby rezoned to Business District (B-1) as hereinbelow specifi d and the Building and Zoning 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 if fully set forth herein. (Said property being located at Northwest. corner of Park Ave. N and N. 6th Street) I i ORDINANCE NO. 4001 SECTION II: Th is Ordinance shall be effective upon its passage, approval and five days after its publication. . . PASSED BY THE CITY COUNCIL this 23rd day of June, 1986 . i i I , ' per.ie.e..ce.) e --A , Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 23rd day of June, 1986 . 1 Barbara Y. Shinpo h, Mayor Approve• as to form: wrence J. ren, City Attorney Ly Date of Publication: June 27, 1986 i ` i II -2- ORDINANCE NO. 4001 • • Exhibit "A" • That portion of the Northwest 1/4 of the Southwest 1/4 of Section 8, Township '3 North, Range 5 East, W.M. King County, Washington more partic'lla ly described as follows: i •. Y 1Co mencing at .the intersection of the North line of said subdivision with the ortherly Extension of the West Right-of-Way Line of Park Ave. N. accordiing to Renton Farm Plat as recorded in Volume 10 of Plats, Page 97; Record o King County, Washington, produced North; ! Th-nce South along said West Right-of-Way Line to a point which lies 215 eet North of the South line of the Northwest 1/4 of the South- west 11/4 of said Section 8 and the True Point of Beginning: Th.nce West a distance of 107. 5 feet; Th:•nce South to a point on a line which lies parallel to and 30 feet Nort of the South line of said subdivision, a distance of 185 feet; ' Thrnce West along said parallel line to its intersection with the Northerly Extension of the centerline of Pelly Ave. N. ; Th:•nce North along said Northerly Extension to a point on a line which Iie parallel to and 715 feet North of the South line of said subdivision; i 1Th: nce East along said parallel line to a point on the Northerly Extension of the West Right-of-Way Line of Park Ave. N. as defined; • 1Th:nce South along said West line a distance of 500 feet to the True Pin of Beginning. 1 I 1 • ' r 1 • • CITY s, T frt ONI •�•,� D it �..,,�..,• ►9AY 12 1986 • • • s �z 4CL92 • Trey _ / y0 I a AC. 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JO ie ,itrr hn.11 �W�yy+: •'�• •'• 1+., ., S 1 > 4/J A9916 r tp ., ,!¢ 3• •' /J> ' .0 .•• /.5 a..i ; 1 I .��.., A,�p' GIGO Z 14 D°1 I \ �['�r `.,• /S 1 1•, `�� r i 0115 ' I. k �iii I▪ • 1, �.. ` �� IG eti`''vY�' `y'!'�1 I I I �pth�^ _el J �°�r�• • 16;: iii .: 06I4, . DI�� p �0$4: gap I ---1°_ 4— (V ----. -.-r' Doi 1 • I a)sf , • 3 r • o (8 N . 1. $1 d J•61 ° I 20 i ti °I�[. I 19 ,o II ;o$ ' _e_. O• otiSS C I T Y F,9 f 18 CM -b-N -` ___.___PiJI "-' '- i:21 ,„. : A11} 4b, D[I'ARTMINT OF PUBLIC WORKS I I•.r rt db o s° ' 20 �,,s 1 _ .oo • az ' o,� 1�3'° obeys • MO 7f�E 5 PA RK REZOiVE °" UJ _ °p II —.._Doss._ ' 23 0,ii 096 4tjS' ,O[.ION[D , DATt/i'lAY/98 ' 1 /05. �f ,I _ __ IILti NO. i ' Z � 3� r yif D11AWN I o 4D. f' r-- 06-il ---isi - I '�z-i- • Doi I` r:�7 CHECR[D SCALe .IILo,.o I r -A•` June 9, 1986 Renton City Council Minutes Page 5 ' I Resolution i*2646 - Bryant Motors Alley Vacation Public Hearing. VAC 003-86 A resolution was read setting a publi hearing date for 7/7/86 to consider the Bryant Motors Petition for vacation of an alley located betwee Bronson Way N. and N. 2nd Street and between Park Avenue N. and.Meadow Avenue N. MOVED B HUGHES, SECONDED BY KEOLKER, COUNCIL ADOPT THE RESOLUTION AS READ. CAR IED. Vouchers Ways and Mea s Committee Chairman Hughes presented a report recommending approval of Vouchers 15250 through 15558 in the amount of $1,331,090.37, having received departmental certification that merchandise a d/or services have been received or rendered. Vouchers 15259 through 15262 machine voided. MIOV D BY HUGHES SECONDED BY KEOLKER, COUNCIL APPROVE THE VOUCHERS AS PRESENTED. CARRIED. NE BUSIDNES Seat Belt Law Council Presid;nt Mathews issued a reminder to buckle up starting Wednesday, June 11, the effective date of the ne mandatory seat belt regulations passed by the State Legislature. Vandalism 'Co .laint Councilman Cl,mer reported that the Chevron Station at the corner of Main Avenue S. and S. 2nd Street was van alized last Saturday,night by "loopers." He relayed the owner's suggestion that the City adopt a law prohibiting loitering as a deterrent to this activity. City Attorney Warren indicated that all such laws have been stricken by the State Supreme Court as being unconstitutional because "loitering" is a vague and a I biguous term and is, therefore, difficult to enforce by law enforcement officers. 1M.yor Shinpoch agree. to investigate the specific complaint regarding glass breakage. Buildin Code •eview 1 Councilman H ghes requested the Building Director to review all building codes and offer suggesti.ns to meet the ob ective of improving the quality of building in the City. WSDOT I-405 S" Curve Meetin Councilman Reed inquired regarding the Washington State Department of Transportation meeting to consider the I- 05 "S" Curve Environmental Impact Statement. Council President Mathews reported that the draft IS will be available the week of June 18-25, 1986, with a meeting scheduled at theSenior Center n July 24, open house at 5:30 p.m. and hearing at 7:30 p.m. ADMINISTRA IVE REPORT Metro 1 There will be to transit fare increase in 1987; sewer rates will increase from $8.50 to $9.70, effective January 1st! Bids for Mothe 's Park Sale The Boeing Co pany submitted the only bid in the amount of $4.50 per square foot for the Mother's Park property. Mayor Shinpoch recommended that the City formally reject the bid, which is far too low, and autho ize the Administration to negotiate until 5:00 p.m., Friday, June 27th with parties who i have expressed an interest in the property. A full report on the results would be provided to Council on Monday!! Jo y 7 if the negotiation process is approved. MOVED BY HUGHES, SECONDED BY STREDICKE, OUNCIL REJECT THE BID FROM THE BOEING COMPANY FOR THE PROPERT K OWN AS MOTHER'S PARK. CARRIED. MOVED BY STREDICKE, SECONDER BY REED, CO NCIL CONCUR IN THE REQUEST OF THE ADMINISTRATION TO PROCEED WITH NEGOT ATIONS ON THIS PROPERTY. CARRIED. ADJOURNIVIE T MOVED BY T•IMM, SECONDED BY CLYMER, COUNCIL ADJOURN. CARRIED. Time: 9:32 p.m. • MAXINE E. MOTOR, CMC, City Clerk Recorder: Mar lyn Petersen • • THE BEING OMPANY Mail Stop: P.O. Box 3707 Seattle,Washington 98124-2207 May 28, 1986 The City of Renton Municipal Building 200 Mill Avenue South Renton', W4 98055 Attention: 'Mr. Mike Parness, Assistant to the Mayor Gentlemen: This l,ett-r is the response of The Boeing Company to the Notice to Sell Public Property .nd Request for Bids related to the approximately 4.0 acre property known as 'Mother's Park" located on the northwest corner of Park Avenue North and No-th 6th Street, Renton, Washington, and further described in the "Request or Bids" letter prepared by The City of Renton. The Boeing' Company hereby offers to purchase the subject property for four dollars a d fifty cents ($4.50) per square foot of land, all cash at closing, subject to the following: 1 . Exe ution by Boeing and the City of Renton of a formal agreement eon aining a legal description of the property, terms of purchase, and oth-r terms and conditions satisfactory to both parties. 2. Within thirty (30) days of its acceptance of this bid, The City of Renton shall provide to Boeing (at no expense to Boeing) a survey of the Pro erty to determine the exact boundaries and square footage and a pre iminary commitment for title insurance acceptable to Boeing. 3. If oeing's bid is accepted, Boeing will have the right to inspect the subject property (including the right to conduct tests on soils, gro ndwater and surface water on the property) and to terminate without lia ility Boeing's obligation to purchase the property if Boeing finds the property unsatisfactory. This bid ray be accepted by The City of Renton on or before June 30, 1986, the date on which the offer set out herein will otherwise expire. Thank you for the opportunity to bid on the "Mother's Park" property. We look forward te a decision regarding the sale. • Very truly yours, THE BOEING COMPANY BY: / 11111!:ei4 Doug as . Beighle ITS: Senior Vice-President and Secretary � EF' • THE BOEING COMPANY Mail Stop: P.O. Box 3707 Seattle,Washington 98124-2207 May 28, 1986 The City of Renton Municipal Building 200 Mill Avenue South Renton, WA 98055 Attention: Mr. Mike Parness, Assistant to the Mayor Gentl men: This letter is the response of The Boeing Company to the Notice to Sell Public Property and Request for Bids related to the approximately 4.0 acre property known as "Mother's Park" located on the northwest corner of Park Avenue North and North 6th Street, Renton, Washington, and further described in the "Request for Bids" letter prepared by The City of Renton. i The Boeing Company hereby offers to purchase the subject property for four dollars .nd fifty cents ($4.50) per square foot of land, all cash at closingi,, subject to the following: 1 1 . Execution by Boeing and the City of Renton of a formal agreement con aining a legal description of the property, terms of purchase, and other terms and conditions satisfactory to both parties. 2. Within thirty (30) days of its acceptance of this bid, The City of Ren on shall provide to Boeing (at no expense to Boeing) a survey of the. property to determine the exact boundaries and square footage and a I preliminary commitment for title insurance acceptable to Boeing. 3. If Boeing's bid is accepted, Boeing will have the right to inspect they subject property (including the right to conduct tests on soils, gro ndwater and surface water on the property) and to terminate without liability Boeing's obligation to purchase the property if Boeing finds'' the property unsatisfactory. . This bid ay be accepted by The City of Renton on or before June 30, 1986, the date on w ich the offer set out herein will otherwise expire. Thank you for the opportunity to bid on the "Mother's Park" property. We lobk forward to a decision regarding the sale. Very truly yours, THE BOEING COMPANY BY: ... ..e., e‘l'i4a Doug as . Beighle ITS: Senior Vice-President and BOE/MG Secretary 411 II RENTON CITY COUNCIL Regular Meeting 1 June 24 1 :86 Municipal Building Monday, 8 00 p.m. Council Chambers MINUTES I CALL TO O'DER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to .he flag and called the meeting of the Renton City Council to order. II ROLL CALL OF THOMAS W. TRIMM; EARL CLYMER; ROBERT J. HUGHES; KATHY A. - COUNCIL M:MBERS KEOLKER; RICHARD M. STREDICKE; JOHN W. REED. MOVED BY .. KEOLKER, SECONDED BY REED, ABSENT COUNCIL PRESIDENT NANCY L. MATHEWS BE EXCUSED. CARRIED, • CITY SIIAF' BARBARA Y. SHINPOCH, Mayor; MARK BARBER, Assistant City Attorney; MICHAEL W. PARNESS, Administrative Assistant; MAXINE E. MOTOR, City Clerk; W. E. BENNETT, Deputy Finance Director; LARRY SPRINGER, Policy Development Director; LT. H. RAY CALDWELL, P Police De artment. PRESS Tony Davis, Daily Record-Chronicle APPROV L •F MOVED BY KEOLKER, SECONDED BY HUGHES, COUNCIL APPROVE THE COUNCIL MINUTES COUNCIL MINUTES OF MAY 19, 1986, AS PRESENTED. CARRIED. PUBLICIHE,RING This being the date set and proper notices having been Mother' s 'ark posted and published in accordance with State and local Rezone laws, Mayor Shinpoch opened the public hearing to consider rezone of approximately 3.54 acres of property located at 635 Park Avenue North (Mother's Park) by the City of Renon. The Building and Zoning Department staff report containing general information regarding the site, history/background, public services, and departmental recommendation, was distributed to all Council members. Policy Development Director Larry Springer reviewed the intent of the proposal to rezone the site from H-1 , Heavy Industry, to B-1 , Business, zone to allow sale of the property with appropriate zoning to meet th e e Comprehensive Plan goals and policies. He noted that the H-1 zone no longer allows high-rise office bildings, the use desired by the City as an adjunct to the Boeing employment center. Although the M-P, Manufacturing Park, zone was considered as an alternative, it was dee med inappropriate due to setback requirements and height 1 limitations. The B-1 zone, which requires only a 10-foot setback from street frontages and no sideyard setbacks, I would provide increased area for development. To relieve concern regarding future use of the site, Mr. Springer suggested that site plan review be required as a condition n of approval . Audience comment was invited. Wayne Orendorff, 15033 1331rd Avenue SE, Renton, noted that the existing recreational facility provides necessary services for many people, and; ' ' asked if the City plans to replace it. Mayor Shinpoch reported that a bond issue recently approved by Council as well as proceeds from the sale of Mother' s Park property will provide funding for a new community center in Cedar River Park within the next 18 months. 1 Councilman Stredicke expressed concern that the proposed zoning is not compatible with the City's Comprehensive Land Use Plan or the Comprehensive Parks and Recreation Plan. It was Mr. Springer's opinion that both plans reflec the existing recreational use and not proposed long-range uses for the site such as office park. It' was also noted) by Mr. Springer that dedication of 10 feet of right-of-way along Park Avenue will be required for future roadway improvement. MOVED BY TRIMM, SECONDED BY KEOLKER, COUNCIIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY KEOLKER, SECONDED BY REED, COUNCIL CONCUR IN THE RECOMMENDATION OF, STAFF TO REZONE THE SUBJECT SITE TO B-1 , BUSINESS, ZONE 4,_ 9 Renton Cit Council -2- 6/2/86 PUBLIC HEA IN WITH THE REQUIRED DEDICATION AND WITH THE PROVISION THAT continued l SITE PLAN REVIEW BE REQUIRED PRIOR TO ANY DEVELOPMENT. Mother' s Park Rezone CARRIED. Advance to Tom Goeltz, 1501 4th Avenue, Seattle, requested advancement Consent Ag'end.: to Consent Agenda Item 5.f. , Callison Partnership Ltd. rezone. MOVED BY HUGHES, SECONDED BY KEOLKER, COUNCIL SUSPEND THE REGULAR ORDER OF BUSINESS AND ADVANCE TO CONSENT AGENDA: CARRIED. Callison P, rt ership Hearing Examiner recommended approval of Callison Partnership, _ Ltd. Rezon', Ltd. rezone, File No. R-016-86, 15.44 acres located on the R-016-86 southwest corner of South Grady Way and Talbot Road South from H-1 , Heavy Industry, and G-1 , General , to B-1 , Business, zone to construct a development known as III Renton Place. Refer to Ways and Means Committee. MOVED BY HUGHES, SECONDED BY KEOLKER, COUNCIL SUSPEND THE REGULAR ORDER OF BUSINESS AND ADVANCE TO WAYS AND MEANS COMMITTEE REPORT. CARRIED. Ways and Mean . Ways and Means Committee Chairman Hughes presented a report • ' ' Committee recommending the following ordinance for first reading, advancement to second and final reading, and adoption: Callison Part ership An ordinance was read changing the zoning classification of Ltd. Rezone property located at the southwest corner of South Grady R-016-86 Way and Talbot Road South from H-1 , Heavy Industry, zone, to B-1 , ,Business, zone for Callison Partnership, Ltd. , File No. R-016-86. MOVED BY HUGHES, SECONDED BY TRIMM COUNCIL SUSPEND THE RULES AND ADVANCE THIS ORDINANCE TO SECOND AND FINAL READING. CARRIED. Ordinance ' 39.6 Following second and final reading of the aforementioned Callison Part ership ordinance, it was MOVED BY HUGHES, SECONDED BY KEOLKER, Ltd. Rezone COUNCIL ADOPT THE ORDINANCE AS READ. Noting that the R-016-86 Hearing Examiner had issued a report approving the site plan for the proposal on 5/14/86, following rezone approval on 5/7/86, it was requested by Council that the ordinance incorporate site plan conditions by reference. ROLL CALL: ALL AYES. CARRIED. Advance to MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL SUSPEND THE Correspond=nc= REGULAR ORDER OF BUSINESS AND ADVANCE TO CORRESPONDENCE. CARRIED. Bids for L mined Letter was read from Deputy Financ e y i ce Director W. E. Bennett GO Bonds recommending acceptance of the low bid submitted by Merrill Lynch Capital Markets in the net interest rate of 7.6362% for the $9,220,000 Limited General Obligation Bonds as authorized by Ordinance No. 3995. Further, notification was received last week that the City has retained its A-1 bond rating from Moody's Investors Service. The issue was also insured by MBIA, but FGIC decided not to offer the insurance. Since the low bidder used the insurance, the result was a net savings in interest costs over the life of the issue of $179,000. MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL CONCUR IN THE RECOMMENDATION OF THE DEPUTY FINANCE DIRECTOR.* Recess MOVED BY STREDICKE, SECONDED BY REED, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 8:42 p.m. Council convened at 8:45 p.m. ; roll was called; all members were present except Mathews, previously excused. Bids for L'mi ed Responding to Councilwoman Keolker's inquiry regarding impact GO Bonds to the bond issue if Mother's Park property is not sold for continued ! the anticipated amount, Mayor Shinpoch reported that because they are separate issues, the bond sale will riot be affected at all by the sale of Mother's Park. Since The Boeing Company submitted the only bid this date for the park property, and it was unacceptably low, the Administration will discuss alternatives and report back to Council . I. '646 , 1 Renton City Council 4/14/86�' Page eight Old Business continued Propose' concept of a community center, but indicated his opinion that Councilmanic the proposal should be placed on the ballot for approval by the Bond Issues public. If approved, funding could be provided from G.O. Bonds continued rather than Councilmanic Bonds. Other capital improvements)— • that he felt have a higher priority at this time were court' and jail space, which are essential to operation of the City. Councilman Clymer stated that an abundance of park facilities has already been provided in this city, and, in view of recent II economic upturn, passage of a bond issue by the voters would be likely. I II Council President Mathews noted that if Mother's Park is solld, those funds must be used for recreational facilities, and the Council prefers that they be used to fund a community center. She questioned disposition of those funds if a ballot issue to fund a community center failed to gain approval of the voters. City Attorney Warren reviewed disposition of the funds ii either to commence construction of the center or be deposited to await use at a later date. I 1 Councilwoman Keolker agreed with Councilman Clymer's concerns. I' While she was not opposed to a community center, she questioned timing and method of funding by Councilmanic Bonds since it' would increase the bonded indebtedness of the City by $2.5 million, thereby reducing the remaining bonding capacity for 1986 to $325,000. Although that capacity would be increased .1 after January, 1987 to $1 .78 million and to $3.8 million in January, 1988, funding for other capital improvements would) not realistically be available until 1990. Mrs. Keolker noted 11 that considerable funding has been expended recently for park-17 type facilities: golf course, Cedar River trail , Senior Center, 1.1 and improvements to neighborhood parks. She felt that before giving up every other CIP in the City between now and 1990, 11 evaluation of other needs should occur. These projects were • !I listed as: Cedar River Corridor-Revitalization Program, space f' studies at City Hall for Police Department, jail and Municipal 11 Court, parking lot space, Fire Master Plan, Oakesdale-Grady ICI street connection, staffing increases to accommodate building I II activityand Loopenforcement, and police/fire training I' facility. In addition, she noted, the City is faced with I. reduced federal funding in the amount of $700,000 this year. Councilwoman Keolker urged that the matter of a community j center be reviewed in the proper format by accepting public I comment on the Capital Improvement Program through the budget IF process. 1 ii Council President Mathews indicated that information previously iH compiled for the community center ballot issue in 1984 is I, current with minor exceptions. She reviewed alternatives for relieving City Hall space problems by relocating Park Department staff from the annex and Liberty Park community '1 building activities to the new community center, releasing 1 those facilities for other uses such as a children's library. I Councilman Hughes recalled that previous Councils had approve. the Senior Center, trail system, and Fire Station despite defeat of those issues at the polls by voters. He felt that Council would be doing the City a service by providing a community center for residents. Although Councilwoman Keolker agreed, she felt that funding from sources other than Councilmanic Bonds should be sought. Upon Council inquiry, Finance Director Clements explained pending tax law changes which may have a negative impact on ' . 11 the ability of cities to issue certain types' of tax exempt bonds, resulting in reduced market for tax exempt securities). II I Vote on the motion to concur in the Committee of the Whole report was taken: `MOTION CARRIED. I, Recess MOVED BY MATHEWS, SECONDED BY REED, COUNCIL RECESS FOR FIVE I MINUTES. CARRIED. Time: 10:58 p.m. 1 1' !' I aYa - '..—/( KivV,7,---ice' - - Q • ai.{..(l ii OF R 1 titS _e- • ? OFFILC OF THE CITY ATTORNEY I RENTON, WASHINGTON v 4i POST OFFICE 80X 825 100 8 2nd STREET RENTON, WASHINGTON 9805? 265-8678 ' t WALL I', O I LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY .0 i'�Q• DAVID M. DEAN, ASSISTANT CITY ATTORNEY '41T.Ea SErr' I MARK E. BARBER, ASSISTANT CITY TTORNEY ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY I' March 10,• 1986 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY J 1 a Mr. Ro Hoefer The Io=fer Associates 2050 ; 1 2th N.E. Bellevue, Washington - I Re: Mother ' s Park Appraisal Dear'! Ron: I spoke to you approximately the last day of February about doing a informal appraisal of the Mother' s Park site . . The propert is located north of N. 6th Street on Park Avenue in I. Renton. You will find enclosed a legal description and sketch of the 1roperty. I have btained authorization by. the City Council to retain you to o this work fo.r the City. Your initial quote to me was thatthe work would cost between $1,000 .00 and $1, 500 .00 • and I have approval to expend those funds. II The City needs to know the approximate value of the property. We do nt need a formal appraisal document nor at this time do we need a full disclosure of comparable sales. Could ymu please let me know how longthe work will I � take you i .. and vihen you can begin? The City of Renton will likely purchase �� other, property if we sell this property and I am trying to coordinate both activities so that we will not displace facil''it es from the Mother' s Park site without an adequate replacement location. • '1' Very truly yours, Lawrence J. Warren LJW:rid Encl.I', cc: (Mike Parness Chairman, Ways 4 Means Committee. !La ry Springer IDi k Houghton !John Webley MallYor �` M R Y \,,._- ,A �� ' A OFFICE OF THE CITY ATTORNEY . RENTON, WASHINGTON C.) t$ .0 z POST OFFICE BOX 628 100 3 2nd STREET • RENTON, WASHINGTON 08067 266-8678 09 man ^' LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 'Oo9 �Q DAVID M. DEAN, ASSISTANT CITY ATTORNEY -' 0 SEP1ti�� MARK E. BARBER, ASSISTANT CITY/TTORNEY ZANET1 A L. FONTES, ASSISTANT CITY ATTORNEY March 3, 19 8 E MARTHA A. FRENCH,ASSISTANT CITY ^TTORNEY , TO:, ays and Means Committee FROM: Lawrence J. Warren, City Attorney , RE: , ppraisa1 of Mother's Park Property Dear r. Hughes and Committee Members: At. th Ways and Means Committee ' s request I have contacted sever 1 appraisers about appraising,the Mother's Park Property. One o the appraisers whom I contacted, Mr. Ron Hoefer, estim ted that his appraisal work would be $1,000 .00 to $1,500 .00 . I spe ifically requested that he' not prepare a formal appraisal docum nt. in order to keep the costs down. Since his appraisal will serve as the basis upon which we will negotiate with potential purchasers, a formal appraisal document is not necessary. I als checked with Ralph Gilbo, an appraiser the City has used everal times. Ralph has so much work to do right now that e cannot do the appraisal for the City. However, he • indic ted that $1,000 .00 to $1,500 .00 was a reasonable figure. These two appraisers are the ones whom I have used most frequ ntly. Several local appraisers could be hired but I, hav- been nsatisfied with their recent efforts. I therefore reco end that the City Council authorize me to hire Ron Hoefe to appraise the Mother's Park sit Lawrence J. Warren LJW,:n cc: I' Mayor ' *' 'c'� RIIf v. 0 , OFFICE OF THE CITY ATTORNEY . RENTON, WASHINGTON . V `' Z POST'OFFICE EOX 626 100 S 2nd STREET • RENTON, WASHINGTON GTON 96057 ,25E-8878 �O� war LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY AO �Q DAVID M. DEAN, ASSISTANT CIT' ATTORNEY �9rF0 SEP� " . MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY January 29, 1986 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY: TO: Jo n Webley, Parks Director rec for Di k Houghton, ' Public -Works Director ,Lary Springer, Policy Development Directo, Mi e Parness, Administrative Assistant • FROM:'! awrence J. Warren, City Attorney RE: Re trictions on Sale of Mother's Park Property Gentl'em n: • ' This ',office was asked to research the condition of title . on' the ' Mother ' s Park Property and, if necessary, file a suit to quiet title o alternatively obtain a declaration of the court that ! the C„it could sell the property free and clear of title restrictions. For the reasons set forth below, I believe the title to the ' ' ' Mothe 's Park Property is free and clear of any deed restrictions concerning use of the property and that the City may sell, trade) or ot�he wise dispose of the property without any possible restrictions imposed by deed language. A tracking of the title would help explain my opinion and might also ,se ve to memorialize the various transactions . I found it rather ifficult to reconstruct all of the steps from the various City '�fi es. By warranty deed dated September 8 , 1939, under Auditor s file No. 3063635 in Volume 1861 of Deeds at Page 1421 ,, the City was deeded a large block of property. Apparently the, propeJrt was more or less "L" shaped with the toe of the "L" on the outhern end of the property. The toe of the "L" is . , • the property that is now known as the Mother 's Park Property. The majority of the property, not consisting of the Mother' s Park !site, was to the north and west of the Mother' s Park 1 Propert lying between Park Avenue N. and the Northern Pacific Railioa proPerty. The dee to the City was from one Lee Monohan and contained two restrictions: (1) the East 250 feet of the property was conveyed to the City for use exclusively for City park purposes and ,(2) ' the remainder is deeded to the City for industrial development ' purpose; provided however, that the City had to retain fee title to the property at all times. r • I Page 2 January 29 , 1986 By way •f waiver of restrictive provisions of warranty deed execute• on October 4, 1949 and recorded under Auditor ' s File No. 3945996, the restriction that the City had to use the propert for industrial development purposes was waived by Mr. Mon han. Apparen ly, Mr. Monohan by waiver of restrictive provision of warrant dated July 21, 1947 and recorded under Auditor's File No. 371 549 in Volume 2655 of Deeds at Page 85, previously had waived he requirement that the City retain the property in fee. At this point the Mother's Park property was still under restric ive covenant. However, the vast majority of the property to the orth and west was free from restriction and the City thereafter traded the property to Pacific Coast Railroad for the Lake Washington Beach Park site leaving the City just the present Mother' s Park site. As part of the negotiations to dispose of the bulk of the property, the City obtained a Quit Claim Deed from the heirs of Lee Mon;ohan, signed pril 19 , 1955 and recorded under Auditor' s File No. 4568653 in Volume 3461 of Deeds, Page 532 . That Quit Claim Deed was Ito the purpose of extinguishing and removing all restrictions, limitations or conditions created by or reserved in that certain Deedjfrom said Lee Monohan" as amended: The document also agreed to the exchange of all or any part of said property by the City of Renton for other properties to be used for park, playground or othe]c recreational purposes. The ke words in this Quit Claim Deed are "for the purpose of extinguishing and removing all restrictions, limitations or , conditions" . In the later section of the Deed consenting to exchange is contained the preparatory words "without limiting ', the foregoing" . Therefore, the intent is clear that all of the restri tions are to be waived. D. It is herefore clear that the City of Renton holds the Mother' s Park s ' te in fee title without any restrictions. The City may theref•re sell the property if it desires . It is unnecessary ; for .h= City to seek a declaratory judgment from the Court concer ing the language of the Deed. As originally invisioned the de•laratory judgment action would have been necessary to construe the language concerning permission to exchange the Park property for other park property but because of the preparatory language that the permission to exchange did not limit the prior langua e concerning waiving of all conditions, that declaratory judge t is not necessary. Page 3 January 29 , 1986 If I can provide you with any further information on this topic, please let me know. Lawrence J. Warren LJW:n"d cc; Council President • OF • OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON U `o Z POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 06067 266-8078 ml o mom �^ LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITYATTORNEY DAVID M. DEAN, ASSISTANT CITY ATTORNEY 09g1-E0 sEP1FMO� MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L. FONTES, ASSISTANT CIT I ATTORNEY January 23, 1986 MARThIA A. FRENCH,ASSISTANT CITY ATTORNEY I , II TO. :arbara Y. Shinpoch, Mayor\. ike Parness, Administrative Assistant ohn Webley, Parks Director ick Houghton, Public Works Director arry Springer, Policy Development Director inance Director FROM: Lawrence J. Warren, City Attorney I hv been spending considerable time trying to resolve title issue on the Mothers' Park property. While I am not completely done ith my review, it appears that the City will not have to file a lawsuit to clear title to the property so that it can be so d. Presuming that the potential sale will move forward rapid y, it is apparent that the City will have to consider the r location of the Park' s shop site. It is my understandin that he original plan was to relocate the shops onto property adjoi ing the present City shop sites in the Highlands. However, that iece of property is still owned by King County and the City as been involved with negotiations to purchase that probe ty for some time . If ith City is going to sell the Mothers ' Park site, it needs to n►a e firm plans as to where the Park's shops will be relocated. If th plan is to relocate the Park's shops onto what is now Count property, the City needs to immediately undertake negotiations with the County to finalize the purchase of that' prope ty. There has been a change in administration in King County and there is no indication as yet whether or not the new administration will e easy to negotiate with about this property. Sine my Department cannot answer most of these questions, I thought it prudent to dictate this Memorandum. As I see it the f flowing questions must be answered: • II I , Z; ' Page 2 Janinary 23, 1986 . 1. • is it 'reasonably likely that. the City will sell the Mothers' Park site and if so, when? • 2 . If the Mothers ' Park site is sold where will •i� �, the Park shops be relocated? Id 3 . . If the relocation is to be onto the parcel presently owned by the County, when can we secure the County property? 4 . If the relocation is not to be on to the County property, will the relocation displace other fill P t er 'City uses or up present City �II; uses such that the County acquisition will be necessary? 5. Does the City have the money budgeted to buy the Countyparcel? If not where will we get. Y the money? II Other ',uestions also: might arise depending on the answers to these •queslltions . For example, when is the last date that the City shouldl institute negotiations for the County property. The ans*er to thy, . question is largely dependent on when the City thinks it ,il sell the Mothers ' Park site and on what date the purchaser needs ;possession of 'the property. I arr�l not sure that we can prudently proceed with exploration of the 'uisa e of the Mothers ' Park site without also considering the . que4ions raised in 'this Memo. • L wrence J. Warren l LJW:IInd . 4 ; ;1; I� • II' 1 BILL OF SALE OF FENCE • THE UNDERSIGNED .CLYDE "FL FOX, sole proprietor of FOX AUTO COURT, in con ideration of One; Dollar- ($1.00) ,'and other consideration and mutual benefit , hereby CONVEYS, AND GRANTS to the CITY OF RENTON, a municipal coror-tion of the State of-Washington, all title, interest and rights of Granto. in and to that certain fencing installed on the property line. between Grato. 's tract and City park known as MOTHERS PARR in the City-of ,Renton,l Washin:ton, .to-wit: Beginning at the Southwest corner of said Mothers Park Tract, and running thence northerly along the West,.,. property line of Park feet, Mothers P rk a total distance of 586 fe , tog th=r with all appurtenances and concrete curbing connected therewith. It is understood that the CITY OF RENTON has installed the. Southerly 293 feet of said fencing, and the remainder of the fencing and', allcuibing has been installed by Grantor and is hereby conveyed to the City. . GIVEN THIS /oZ day of , 1961. Clyd M. Fox: WITNES' : • I • i) /�^\' EGG, `vim) //� 9 �f/y'� � / i'•�'�y�'K ,D(4; ti 4t°, 0,JZ, PARKS & RECREATION DEPARTMENT 0RENTON,WASHINGTO;N 'I vv o I a ® CITY HALL, CEDAR RIVER PARK, RENTON,WASHINGTON 98055 •• ALPINE 5.3464 409 4 F S,o • 1 C4'l CAPITIi\-C - , �- �y -G February 20, 1968 . ilf..,1/2_1 otmlOitie Mr. Luis Barei tp 614 12th Place So. ,.� a ,tea Rento , Washington 98055 tika.'" (96j Dear r. Barei : . , Inire ards to your request for information concerning the quality of,, liIhting now in existence at the Mothers Park Fieldhouse, a _ thoro gh study of the conditions has been made and the following concl sions reached: c 1•1 T e lighting at the Mothers Park Fieldhouse does not meet the r commended standards for this type of facility. 2. I e information we have obtained indicates the most feasible m ans of bringing the lighting up to recommended standards is t remove the existing incandescent lamps and fixtures, rewire, a d install color corrected mercury vapor lamps and fixtures w th the necessary appurtenances. 3. T e estimated cost of the new fixtures and installation is $ ,050.00. 4.i Pans to correct the situation hinge on the appropriation of the necessary funds. If they are not forthcoming before next ' budget year, I propose including them as a part of the 1969 budget to be submitted to the Park Board. • Your interest in this matter is appreciated. Yours sincerely, Gene L. Coulon cc Joe Puhich Director I , i 1 ._.{% /,/`-/-r Ili � i� �, � its i Y �� RING C0 'uliTY , WASHI'NGT ® N 4 JOE R. BAXTER, MAYOR y;;,jr ' DOROTHEA S. GO SETT, TREASURER PAUL W. HOUSER, JR., POLICE JUDGE t1} W I LEY CROOK, CLERK „!„ RTHUR L.'HAUGAN 'I /64/1)4 COUNCILMEN +'`1ATTORNEY - HUGH BRUCE, PRE3. GEORGE D. SWIFT 1�{�, 1 "'JOHN F. BEATTI E. A 'Ili R. /- P(/) CHARLES DEL URENTI i HEALTH'OFFICER CHARLEHERMAN FREYAAN y�'' 1NO BUSATO /f� " ' — DONALD G. HOLM .iti "CHIEF OF POLICE (f FRANCIS FARMER in i1;I ;E. LAWRENCE .I VERN MORRIB 0 - FIRE CHIEF OLIN HANSEN %'�h .: ' THOMAS TRIMM (% 'AMES HIGHTON . 4{ CITY ENGINEER.. WALTER REID �,r )AVID J. PUGH B. J. RICHARbSON t/r l' STEVE TAMBORINI SUPT, OF UTILITIES jf :LTON L. ALEXANDER I>flay 12, 1955 ell BUDGET CONTROLLER. lil Mr. Floyd W. S aff `' City Clerk,, Ci y of Renton 0 � ` t, City .Hall i i. ,d - , Renton, Washington , ,p / / �/` • e;L-4.z ,_4 / Dear Sir: � 1 It gives us pleasure to submit to you herewith the following documents in , ' connection 'with the just completed exchange of properties, to wit: t 1a ' YT . . ty Deed from the pacific Coast Rona Co. to the City of Renton, a wliic Deed has been recorded with the office of the King County Auditor, t. Vol ._e 3461 of Deeds, Page 530; and _ r 2; it Claim Deed from the various heirs of the original grantor, Lee . .. Id'�no lan, unto the City of Renton, which document has likewise been re- �`( cord-d in Volume 32{61 of Deeds, Page 532; and t-- _____. � � 6. te- 1 � ilj " e ..., ,,_;_ e,,,,(.rt ; g,- 42- h4-s-4.,. �,/r-� 4-0 / -1. —.12/4 .--0 i`i • 3. Pail y of title insurance in the sum of $25,000,00 issued by the Wash- ' h Insurance I No. D_478868 The amount of `'4' 41 ington Title Company, Policy o, ' ' y0'',_5,a00.00 was agreed on by the undersigned 's office and the Railroad . 4 a t e proper amount for purposes of title insurance; the City in turn ' %?3=• ,; i�, al so submitting a policy of like amount unto the •Pacific Coast R.R. il C' , I or portion of Mothers Park property, =f We tr,',' st that the foregoing will meet With your full approval and we are • confident !that the acquisition of said beach property will prove to be of great benefit to ou city. . We rema n, 1 J.; Yours 'cry truly, I~ €; HA•GAN R. SHELLAN Cis ,y torneys for th • , ,t CIT I! RENT0 ``, i; I I3X �� ( By ii Ger<={rd i!, elan I t . Assistant City Attorney - {! GIv1S:oh s Enclo�ure,r s 1 rorm r') 1 Al L • ;' ` `` w. .- :, Fri f41; 5 I=1 GTE _TIT---I,E_Ira URAM'i = Emil �. II _ �4 11 4 t SEATTLE 4WASHINGTON }atd I Ali �' � ;,lf f �a % r cY-, . -gig___- _ 3 -_ -_ -,, tllif T=. � = t AOUNT $ 25,000.00 PREMIUM $ 115.75 POLICY No. B-478868 ; M }�'+ll . 11N1 t5,i For value, WA.HINGTON TITLE INSURANCE COMPANY, hereinafter called the company, a.corporation ki WI 'incorporated under t e laws of the State of Washington and duly authorized by the State Insurance Commissioner to t;(;il insure titles, does,her-by insure, subject to the annexed conditions, hereby made a part of this policy, ?i,�;tiI lil njhCITY OF RtNT+IN, a municipal corporations �lif r,'.i ' „I_ scl ii , .l.itil: 1:itl e {I .' heirs and devisee (if a corporation, its successors) hereinafter called the insured, against loss or damage not exceeding fq a",` .i.It TWENTY—FIVE I HOUSAND Dollars, • ,-; ; ,,,i which the insured m,y sustain by reason of any defect in the insured's title to all the estate or interest in the premisesy`' F 3,� 4 ; '. specified and desl-rib d in Schedule A, hereto annexed and hereby made a part of this policy, or by reason of liens'or - encumbrances ch rgi g the same, at the date of this policy, save and except this policy does not insure against loss or � k • damage by reason of Iny estate or interest, defect, lien, encumbrance or objection noted in annexed Schedule B, which l; I' is a part hereof. ,Any loss under this policy is to be established in the manner provided in said conditions and shall_be .F:;;,tt .r4 t:.+xl 4 Paid upon comphancr by the insured with and as prescribed in said conditions, and not otherwise. I `#`i".4! t,T.q;5 IN WITNESS WHEREOF, WASHINGTON TITLE INSURANCE COMPANY has caused these presents to be authen• f;:ki ,i�i�IlT ,- . ticated by the faciimil . signature of its President, and its corporate name and seal to be hereunto affixed;-but this policy ill,.{ is not valid unles att•sted by the Secretary or an Assistant Secretary. ,i;;l;l li?r+{jt II 14it It i9lflll - • Dated this ,9t1 day of May, 1955 , at • eight o'clock A. M. • ii;liiti {;t• =t+a 5 WA li NGT,II Tr r� Tks , , , of = il,l �,:. ..:. .<- .: _-, _4, �, '.t..:-., 5 i. 1 iha\\\y ',�` W I' %0.. ' 1CC %R f :• By � . 'j ti (• i`ui,�• ♦ resident i,%� ����I t �'rt �J. .� . � :U rts • .? l ' , c. i `/ . ` ••.••' µifer ���Ik i f � Atte t: ��\\" � \11),\Jit .i) ' ;Assis aftt ecretary jIt iiiiiti t11, . FQrrn P..16 .. ; • Pj1 t�11 B-4 8868 " Poa.ic�r Igo. 7 � ,C=I~EDUILE> A :.I�":-.R°G5.•...:�"7t'saL:»a'.ee'v-++S F.t:•C� trt". rtra to Ii 1. The estate or, int-rest of the insured covered by this policy. c:1; , Il Fee sim ' le estate . R, ii i!; j!f; t,,11 • l 'il • i�� i ,t . Li Ii ,t 2. Descriptiom' of he property with respect to which this policy is issued. P. All that part of lots 26 to 51, both inclusive, in block 361 of C. D. Hi lman ' s Lake Washington Garden of Eden Addition to the City of Seat e, Division No. 5, according to plat recorded in volume lrl of pla,ls, page 83, as delineated on Sheet No. 3 of map prepared by Udo He s= and filed in King County Superior Court Cause No. 156371, the shore lands in front thereof, described as li together with all follows: Beginning at a point in the southwesterly boundary of said lot 51, a as deli Bated on said Udo Hesse map, perpendicularly distant westerl . 170.0 feet from the center line of the track and right • "Lake way f the Washington Belt Line" of the Northern Pacific RailWay Company; thence northwesterly along the said southwesterly { bounc'.ar of lot 51, a distance of 1080 feet, more or less, to the Inner H rbor Line; thence north 45°45' east 721 .076 feet along the Inner H rbor Line to an angle point in liHane; thence south 1 20 heet, 19°45' past along a production of the e Inner moreor less to the line between Lots. 32 and 33 in said block 361; thence south 58°13 ' 58" east along the said line 120.0 feet; thence nort��1 70°38' east 100 feet, more or less, to a point perpendicularly distan southwesterly 170 feet from the said center line of track and ri ht of way; thence southerly parallel with the said center line the point of beginning; ALSO All tOa part of the shore lands fronting upon government lot 1 in section 8 and government lot 4 in section 5, township 23 north, range 5 east, W .M'. , described as follows: Beginning at the intersection of the southwesterly boundary of , (Continued on sheet following) n m ;,rp^•.h,t�inter lii. .�`t� r�ICit. Ilil tI --�__^_._.--.._.-.......,..>....�.v..,....:rr,..rrcr..^..^;:c^:`:!!`t!!!2i!..7s�i ..I•::5:1::.3.Lt.-.:.... n�•f!i ?7 wn.L• 1 .. �..;�� �-�iKtft�t�! .Form•P 23 . . , POLICY No. B-478868 ` SCHEDULE A -- Second Sheet lot 51'[ i block 361 of C. D. Hillman ' s Garden of Eden Addition to E<I the CirLy of Seattle, Division No. 5, as delineated on Sheet No . 3 `k`� f:l of maplip epared by Udo Hesse, and filed in King County Superior Court Ca se No . 156371, with the Inner Harbor Line; thence south '6I 45°45' w st 317.915 feet; thence south 44°15 ' east 680 feet, more >, or less, to the line between sections 5 and 8 in said township and ;, range Pr duced; thence east along the said section line produced ;' . 630 feet, more or less, to a point perpendicularly distant easterly 170 feet from the center line of the track and the right of way o the "Lake Washington Belt Line" of the Northern Pacific Railway Company; thence northerly, parallel with said center line, ;l . to a pi'bi t in the southwesterly boundary of said lot 51; thence 6 northw.es erly along said southwesterly boundary 1080 feet, more ;. or less, to the point of beginning. All in King County, Washington. • [tiIIj v: ct i i t ti lt t(pi 6i ittt= C1, Plt d I g r J t G ti s. Ii I tR Ep( --- . . ,_....».Y... .....—.W..:r:.r..a.cn.,s..,;.,Y .. .,.z<-. '.t'-.A.4.,..mse-.da.75 .s�pi.i_y.T?m-Fi iiiimfr i o • Aql Iiii POLICY No. B-478868 '' Yx:r S4 }f4 a4t4 • ':'Y4 T is ;,olicy does not insure against: vil 4<s, 1. Questiolis o location, boundary and area; overlaps and encroachments by improvements belonging to 1 t :`. theselor adjoining premises; all dependent upon actual survey for determination. ll„t!I 611;2.:,2. The existent• of roads or ways not established of record, or existence of county roads. ''•i;+ 7iii' 3. Rights or claims of persons in possession, not shown of record; rights claimed under instruments of which °l1 4i,i. no n d tice is of record and rights or claims based upon facts of which no notice is of record but of which it the itIrsur:d has notice; material or labor liens of'which no notice is of record; liens created under the ' ii?j • ui Workmen's Compensation Act. C'',att,l, 1 Li;C 4. Exceptions a d reservations in United States patents; any governmental action based upon the claim that t}r; liiiii any part f said premises is the bed of navigable waters; action by any governmental agency for the lll;1 purp se of regulating occupancy or use of said premises or any building or structure thereon. 'r'I!;u l',;ill 5. General taxe not yet payable; matters relating to special assessments and special levies, if any, preceding #!4I,4 • • the same ecoming fixed and shown as a lien. Ali 6, General taxes for the year 1955, delinquent in the original l' 1 amour, of $22.00 on a portion of said premises. $111 ,Ail 7. Any unpaid charges for water, sewer or electric service furnished t-t:lii to said premises by a city, town or district or for installation `i,,:ii i :l,a . of any such services. F1tiat iill (End of Schedule B) l " s4 jii?t . lY!ct :i1�: Ci'St . `iJriti t.aak `'ii i . t:tiii'fu • t:j."4t,i 44,, "Ft'• t til . KAT4rtl Y ONa 1111ifti . S V.ItJ ,5ia • i4 'i; c, �r!'vf iir • '%XI1Y (ri;i;i i;;;;1;1!t pijtitl!i' }}.r ..(ittttt;: 1Ki.J r.r. ?,,•17%t; iltti 41 �r 1t:i 14+ iYt 4, a. y !�1 tl, �/ I. _ ® ,,,,,, ,• ..v. :,s}{or s'+� ^. ?;ii:if'tp :;`Ya"s �•? taffy= d: �'a+ !i'w corm r�u �j; i�}{ $i It '0I<ItI]IaT-I0R- S 'OF,L�`THE-� ?0LSIC:R? ifi Vfr ib f r1. NOTICE OF DEFECT, SUIT OR ACTION: The Company shall-have the right to,and will,at its own cost,defend n;t; the insured in all s;iits, ctions or proceedings founded upon a claim of title,encumbrance or defect which existed or is claimed lj°t to have existed pri'lr in date to this policy and not excepted herein; reserving, however, the option at any time of settling the 1;1 claim or paying thdd pol cy in full. In case any such suit,action or proceeding shall be instituted it shall be the duty of the insured 11. at once to give notice t tereof in writing to the company at its Home Office,and, if the insured is a party to such suit,action or i;; to sect re to the company, within ten days after service of the firstprocess upon the insured,the right to defend such Iji!proceeding, Y P suit, action or proa'eedi g in the name of the insured so far as necessary to protect the insured,and to render all reasonable assis- jl�i tance in such defense. I such notice shall not be given,or the right to defend secured,as above provided,then all liability of the company•with regi rd t• the matter of such suit,action or proceedingshall cease and be determined; provided, however, ,ill P y b i subject ,I,, that failure to give;sod notice shall in no case prejudice the insured if the insured shall not have any knowledge of such suit, !! action or proceeding. l ll 2. CLAIM OF •SS; PAYMENT OF LOSS: In the event of final judicial determination by a court of competent juris- diction, under which tl c insured is dispossessed or deprived of the premises covered hereby or the estate or interest insured is �'.1'. frt: impaired by reason of any adverse interest, lien or encumbrance not excepted herein, or, if this policy covers a mortgagee's ij"i interest, and such final judicial determination shall defeat or impair the mortgagor's title to all or any part of said premises i;' or establish the pr'i orit to the mortgage of a lien or encumbrance not excepted in this policy, claim may be made hereunder, ;4` ze provided the condj'tion• have been complied with in all respecrs. A statement in writing of any loss or damage, for which it is i claimed the company i liable under this policy, shall be furnished to the company within sixty days after such loss or damage i '•t! shall have been ascertained. No right of action shall accrue under this policy until thirty days after such statement shall have k111 been furnished and no ecovery shall be had under this policy unless an action shall have been commenced thereon within one rip year after the expil atio 1 of said thirty days. E y ri;i 3. LIMIT lI F I. ABILITY; SUBROGATION: The Company may at any time pay this policy in full, whereupon all t liability of the cortItpan,• shall terminate. The total liability under this policy, exclusive of costs (the costs not including in any 1'' case fees of counsel or rrorneys employed by the insured), shall in no case exceed the face of the policy,and every payment by � the company shall'redu e the policy by the amount paid. When the company shall have paid a loss under this policy it shall be ,q, 11 subrogated to all rights and remedies which the insured may have against any person or property with respect to such claim,or =n would have if this'poli y had nor been issued,and the insured shall forthwith transfer all such rights to the company accord iC ingly.If the paym nt ade by the company does not cover the loss of the insured, such subrogation shall be proportionate. In11 SI case this policy covers a mortgagee's interest only, the company may pay the insured the entire mortgage indebtedness, with ;; , interest at the rate spe ified in the mortgage, and thereupon the insured shall assign and transfer to the company the mortgage ,'? and the indebtednl'°ss s cured thereby, together with all instruments evidencing or securing the same,or shall convey to the corn- 1 a,l 1,1 pang any estate lawfull vested in the insured by virtue of acquisition of said premises, and all liability of the company shall tilt. thereupon terminate. emand for payment must be accompanied by production of the policy for endorsement of such pay- FY11r ment. If the polic)i be of so produced, indemnity satisfactory to the company must be furnished. 1:'i! tlic 4. REFUS 'L T PURCHASE ESTATE: The Company shall not be liable for any loss or damage resulting from the ;=1i1 refusal of any party to enter into, or carry out, any contract respecting the estate or interest insured. Ali t•t t rri• 5. LIABILI Y NDER MORTGAGEE'S POLICY: If this policy covers a mortgagee's interest only and any insured, i i acquires said premises, or any part thereof, by foreclosure, or•in other legal manner, in satisfaction of said indebtedness, or ll`;;{ stay any part thereof, r under FHA insurance contract, this policy shall continue in force in favor of such insured, and each (f!h successor in intere t in ownership, subject to all of the conditions hereof applicable to an owner of land. • iii cti'=' 6. ASSIGN 1FNT OF POLICY: The obligations of the Company under this policy shall extend to the Insured above tyy named; to anyone to w�tom this policymayhe assigned in writing endorsed hereon; to the executors, administrators heirs and 't' 1 !� !, ill! -devises of the Inst''red; and to any assignee of any mortgage which may be insured by this policy. The "Insured," when hereto- 4t • fore mentioned, refers to each party separately to whom the Company is,at the time referred to, obligated under the termsjof 4111 this policy. jN� t1'lii itll' isU t1)1i 1 I Iiii'i 41.4 ,.,,:,.,.. .,. , r, �,: ry •,,, ate. f tt �•. ...-'h.r T7irt6'r v`,t-;`,:)u ,7=r ti•tkF.S:K,�J' .•' ,77)-77M—T, ;�',:,,..•,nr,. ._...,,._.,..,,.. ....u..,.... lr.t r.,:-,...i.,--..4.,_.,_ M...,. ,,._, - ,_�!C:rr�grT+sZ"v;i�s`ttF+[�.r^.:n"i�t-, - oxn...� .2�csr..., -�...:c—:—�*v,:,.,.,...�,M ...... r J � n � / f� f n CZ 0 0 '.- -(' Counci man Trimm, President of the Council, further reported for the Com: • mittee of t e Council as a ',Thole, in regard to the revised Peterson Plat in the Sunset Heig ts, adjacent on the north to Windsor Hills, that the Committee reco - mends that he Council approve said plat; that the revised plat submitted to the Council now conforms to the platting ordinance. Moved by Richardson, seconded by TambO in , that the Council concur in the recommendation of the Committee of \ the Coun' it as a ?Thole. Carried. • The. Ci y Clerk informed the Council that a letter had been forwarded to the owner ofith cattle that were running at large in the area of 6th Avenue West i Earlington. Counci man Vietzke requested a meeting of the Special Swimming Pool Committee, Mayor Baxte and the City Atttorney, following this evening's Council meeting. Counci an Swift stated that it was the recommendation of the Street & Alle Committer, t at the Council request a meeting with the Renton Housing Authority relative) to revision of the Highlands Plat, and that the Housing Authority be requestedto set a date for the meeting. Counci man Swift reported that there would be a meeting of the Street & Alley � i Committee, hursday, May 5, 1955. The Assistant City Attorney informed the Council that any petition, -when re jected b t e Counc:i.l without any further provisions regarding same, is dead and that any .further action on the matter would require a new petition; that any re- Zoning pti= ion, bearing the regiIired number of signatures, must be granted a hearing acc',rdirtg to-,the zoning ordinance. Counci man Bruce reported that the exchange of Citir of Renton property (a portion Of the Mother's Park Area, the City retaining approximately 4.1 acres including t e North Renton Recreation Building, the Radio Station and two lots south ofith station) for approximately 20 acres (1100 feet of lake frontage) on Lake Waslpin .i,ton just east of the Puget Sound Shuffleton Plant, has been consumma ed with the ra' road company, and that the Council feels that this is a very good' j;,9ii \ property ex hinge, with no cost to the taxpayer, for the City of. Renton; that this `I exchange. of property has opened up a large industrial area and has given the City A' a nice lake front area, and that Mr. Gerard Shellan, the Assistant City Attorney, should b congratulated for his very diligent and successful efforts. Mayor Baxter tl.anmed Councilman Bruce for his report and stated that in behalf of the • Council and the City of Renton he would like to thank Mr. Shellan for his out- standing wo k for the City of Renton. Cour1ci an Morris reported that Councilman Tamborini and he had attended th- =" Housing 1utl orit Board meetingon Monday, May 2nd, and that theyhad advised th- , y ,,:_: ;. Board th• t .ertain .matters were presently in Committee. y.- On ieq est of Councilman Richardson that the matter of use of a certain' typ- of _sewer.pi_ e within the City of Renton be referred to the Sanitation Committee and, Citydrn ineer for investigation and to study the ordinance in regard to same and report sck to the Council it was so moved by Delaurenti, seconded by Hansen and carried. ' Als , on the suggestion of Councilman Richardson, that in discussing the matter with 'Ialt Will, Assistant City Engineer that the interpretation of the present Ordinance covering the mixing of cement is not clear and because of the consider 'bl.: amount of building construction around Renton, they feel that there should b a better interpretation of same and that he would like to suggest that the matter le referred to the Assistant .City Engineer for consideration and stud, and a repor back to the Council, and so moved by Vietzke, seconded 0 Delaurent , P1, and carrijed. Councilman Morris reported that on request of the City Clerk, that the . Finance Committee recommended that p12n0.00 be borrowed from Cumulative Fund #1144 • ' and transferred to Funds as follows: L.I.D. //240 (Improvement of Bl. 8) - ,;9350.00 ' L.I.D. ! 241 (Improvement of Bl. 9) - ' 4300.00 • L.I.D. /#2i 2 (Improvement of B1. 14) - 050:00 and that Cumulative Fund #1184 be reimbursed in this amount as payments are made on the L.I.D. 's. 1 61_ 0 rr? a IA S /7-/ S<5 ti P , lr Councilman Hansen reported that the fence was still located across the plat ted street a 6th 'Avenue West and Stevens Street in harlington Addition. On advice of th Assistant City Attorney, Gerard Shellan, it was moved by Richardso , seconded by ansen, that a registered letter (with a return receipt to be request- ed) be male, to Mr. McCann advising him that he must remove the fence immediate 4 , or the ciiLy sill remove the fence and be forced to impound the animals. Carried. Counci an Swift, Chairman of the Street & Alley Committee reported that his Committee hay completed their one-way street survey and were prepared to report the result. The traffic flow is as follows: .44 Ernst on 3rd Avenue from Rainier Avenue to Mill Street; .;�;`n' J.st on 2nd Avenue from Mill Street to Rainier Avenue; s``"'i 5 Cs`;a North on Mill Street from 3rd Avenue to Bronson Way North; Southwest on Bronson Way North to 2nd Avenue & Main Street, and continue south on Main Street to 3rd Avenue; North on Wells Street from Grady Way to 6th Avenue North, and South on Williams Street from 6th Avenue North to 1st Avenue North, crossing the Williams Street Bridge and continuing south on Williams Street to Grady Way. Also, on Burnett Street, between 2nd Avenue and hth Avenue, ' South on the west side of the Northern Pacific Railroad tracks , and North on the east side of the Northern Pacific Railroad tracks. Councilman Sl _ift suggested that each of the local papers conduct a public opinio pole and er. aps take a sample ballot to get an idea of the people's reaction and stated that he date of the hearing would be set later. Moved by Richardson, seconded by ' ietzke, that the Council concur in the recommendation and tentative plan (in )ri, ciple) of the Street & Alley Committee, and that this plan be furnis ed the State Hi hway Department in the form of a Resolution. Carried. The l it, Engineer informed the Council that the painting contractor for the Williams trret Bridge would do this work as soon as weather permitted. Council an Bruce, Chairman, reported that the Property Committee recommended that Mr. *on:, of the Cathay be permitted to sub-lease space on the north side of • his cafe ;'or a Snack Bar for the months of June, July and August. Moved by '; ii Heppensta`_l, seconded by Richardson, that the Council concur in the recommendatio �; :; <<:;:: �.� «• ;:ty of the Co�J�mi ,tee. Carried. M 1 I Counci an Bruce, Chairman of the Property Committee requested permission, and was sp g anted; to hold in abeyance the matter of a new location in the High- lands for thr, Library as it is understood that the Housing Authority is planning provision for same. 1 Counci an Bruce, Chairman of the Property' Comm_ittee, further reported in regard to, thr erection of an addition to the dog pound, that the materials were all avail ab1r but that it would require approximately $300.00 for labor for construction of same, and recommended, that as this amount was available in the City Builelin; Fund that same be taken from this fund. Moved by Tamborini, second- ed by Han:Ten that as there was an urgent need for the addition to the dog pound, that the Co icil concur in the Committee's recommendation. Carried. Councilman Bruce presented Mayor Baxter with the Quit Claim Deed for the Mother's Karl property from the Monohan heirs et al, also the Deed from the Pacific Coas i Railroad for the Lake Washington waterfront property, which was exchanged for the Mother's Park Property, and Title for the lake front property. Mayor Baxter, on behalf of the Council and the City of Renton, thanked Councilman- Bruce for th City documents which was the final transaction on the exchange of this propert` and expressed the City's thanks to the Assistant City Attorney for . : his efforts • obtaining this waterfront property on Lake Washington for the City of Renton;, ';'{ City 'ClA rk, Floyd Shaff, reported that Mr. Humble, Executive Secretary ofv'`= the Housing . uthority had advised that the Housing Authority would meet with the Committee of the Council as a Whole, as they had suggested, on Thursday, May 19th at 8:00 P.M. The Cit Cleric announced that the next meeting of the Association of Valley Cities would be held in Menton, Wednesday May 2.5, 1955, and that they would like to have as many Councilmen present as possible. iI ORIGINAL. TREj A suriEwS Oie ICE, YNG COUNTY,.SEATTLF,,. .WASHINGTON O ••• • Statement''by . • STATEMENT OF ALL DELINQUEN T STATE, COUNTY, _MUNICIPAL;,,SCHOOL. AND ROAD TAXES ;, : f ': IMPORTANT—DO•NOT DETACH DUPLICATE ' ' ' • ' '• _•.j Return both with.your remittance.or present,them.when m .paaking yment, 'Z : -•„:: ':' ,';. .as this becomes,your RECEIPT when stamped PAID by County Treasurer. 75 C - ` • _ ". Personal. checks, on banks outside King County not"accepted. Make all..,,..3 • F--'ode Checks,,Drafts or Money.Orders payable to " ' ' ,,,' A a. , . . ,,. :, -..y.L BOX 233, • RALPH S. STACY; County,Treasurer. va //-i •o RENTON, .I4tASH• I SEC. ' TWP:' YEAR YEAR . YEAR YEAR. . YEAR YEAR' CU ADDITION_OR-SUBDIVISION , or or : - C x .Roll Page. Line '�- LOT BLK.j c � 19.� 19....� ,,...2...4 a p ‘ " 1�f" :TL-31- E 828' OF'"fit 8?8'. 8 23 5 r`�feY:: • �'44 _.. c l ''- fer •o - M 0 ,.` ' OF N4ii OF SIVI ER S. "660' - y. 76.i_3' vk 7/ �'.�;.Viz. 7/13 ,?..C/ // 1y 7 7/ * 9 l i c O 7i LESS:SK'AGIT TRANS LINE .R/� ' '.. / h .- . - . // 37. //g�-v ' //` :/Y. , /h// )-/ ' /7/ �s-: A b u. 0 :n this .''t a.,E;.cira ;-.• - ' - _ - ,rc paid in ,coLz" . . , fortuity t�ith '�'Ii®:;°"` 1-4 terms o f`MEMMOR ANI�U,1[ Ae2lifa A T ' . , : . . , , , W MAIL RECORD . .. TAX. . /fy'�.o �7 I7 ',05"SAGO ,i® ',3> /i/ / ?, /./ , . . // INTEREST�- - - ? � / � p - - `i .- -- Deposit No.' _ . 0, 4 fo, 37 J0 )' ;.,,,,'7 , 4/ /',/ 0 �"?.. I't/- J_ �11yyyi ( +� 1 f Date Rec•d /C� Y' TOTAL`: '�� �F e�� .Z'':?� "l ! � ` l�"��' }'�)' �,<.'� 2- f- ,.•� � `',1•4 Form 105 25M 8-38. ' /�' 1 fi • ORIG'INA : .TREASURER'S.yOr•FICE;,'KING,:.C011N L',1, .SEAS .1L ■ •�, WASHING ON_'. o.; Statement by _ _ '` •:';..STATEMENT OF ALL DELINQUENT ,STATE,:',CO.UNTY,• MUNICIPAL, SCHOOL AND ROAD TAXES .... , - 3l IMPORTANT—DO NOT DETACH DUPLICATE • . _ •� - � • � ` Return both with your remittance'or present them' when.making paymen f i "as this becomesyour RECEIPT when tamped PAID'by County Treasurer ✓� �` P 4 ;,.".z - • ''fa , :• , Personal checks, on banks outside King County not accepted. Make al17' F Q _ . .. - - 'Code , th A ,,, . .., . LEE •1�Oi1�A0M� I ,C ecks, Drafts or Money Orders payable to: • — µ+ RALPH S. STACY, County"Treasurer. . l� , _ ate; --_�` • BOX-233, - • ` • • �", , c5" -.. RENTON':Y•*ASH., .,._ "'rk ;.SEC._.; TWP.'•` 'YEAR;f''• YEAR YEAR YEAR YEAR' YE;el t' or o m'f" - 19 - 9 - ADDITION OR SUBDIVISION' r` yyy / �} • Rall • 'Pane ''Line ' ', ,i . . `j - LOT: Mit m- '194.S3 /' r.-f3.--6 • , I9 2.•V 19 i--7 19'J-cam-' • I -': 4 W O. :i —20 t'.294.,3' OF. •E- 1� i.fi • , �t ?aa" �i a'Fa • . .. , _4"5.4.3"' OF 'NW* OF-SW}. "LESS '. 8 23 . 's , i- , —•,, �4 a��. - 4 s— - ;; w.�y4,•`•sf/y�Y sti, Y.l� ; . + , -.0,0. . W--30' OF;S 66.0'= & •L,ESS;-S_.- - -.•,. -.. . , . c -,• ` , :3:0� A ^a:"I8-7- OF .S',215'':.QF-E' , ,,„- , ,,I,,S. ` /7v ' '� % ! _ crc- : v'. -�' `SA4LTTIt'ANSUISSIONLN•'.E/W ,. �. y. i ypEMy,� '• C3 d-.on this =s.t' t'e'tQ T&yes :1ste . . - O 6ra dia: .in',:conf0rui..t �-with] the_ ORANDU.M"A R' EMT3 '� � . l • o' MAIL RECORD TAX s' . . , /y/. J f�-i f,/ � b b /7,7 ;1/ ../ Yam' / /®�l c �?' / k t.. INTEREST / .7 �r/�. ' // . . /+, {. ` �i / / `o p `f f).�3•' }'J .��, -- ' // 7CP' G(� ' i r!` s�y/ ^•�prq ,� - •'C`As-,.; L'' TOTAL._ 3V 4 � ,/"/ S� J '4 4,.d /`�' °'�"d6 7 - - `'Date Rec•d Form 103 25M 8-38. 3 . :Total dory. 7 — . . • • ... .. _ _ __ __ _ .. ,...... • : (.2/ i,/e., „, e "-,c..2--- , ......_ .. , . Office of( ',PH S. STACY,Treasurer of King C( ty, Washington • __ ... „ 9 c121-1: SEATTLE, .- / ' d 193q , . • ./ MEMORANDUM STATEMENT SRC.OR 3 DESCRIPTION OF PROPERTY LOT TVP.tR LK. RANEE ....._...._.,...___,... 1r- ' , ROL PAGE LGE /0(Seg . P - rr1,01 b-I a rt eS7 23 p , t 171/1 11,tu.;7( 6 ttlyz?e 3;.7'‘, 40 '-,,..6-4.-t: . . . , N/75. /...5 r"ka•IC/6 7, 5' ,•(..r.cd.,v&cel‘ii7. . , • 14— ...",(----- . i.-re24.44.mu-:11,,yev ii..." Rio/ Tax .4:,,p, 12-1),.____, _ 1,-2„:3 • ;. , 1 ar !" 1.1'. cr, titt 18 c`/Nt.v d-' i''':7P1 i.,),'SI&'a az-p.nr ic Lf,alre 7,7eta4,1:,,, T YEAR ' TAX INTEREST TOTAL ' 195g 273 -,_ 3 6,6,7 / ,. - . 33 il (67U . / r l, . e? "94 . v # /03 ,, et,,,v 2 /3 5 co 44-Jr 2- - , • • i TA x 1 F 7 6'S' , • / ( c.tv i 2-? 4/ /6, . 7y. 2.o '2.- LA 2_ . ,..... . i, .... . cut. 4.2_ 7 5- .,3'/ 2 .3 3 , . 14 !, ' ' 74x 2) -2 1 c 2_ i -- . . . . 1 , . • , II •.\ 4•41(j5. .., / , (V $ 67 /11 /..)jr TOTAL TAX WITH INTEREST TO I ' /q , r . ADDITIONAL INTEREST WILL BE REQUIRED IF REMITTANCE IS NOT RECEIVED BY COUNTY TREASURER ON OR BEFORE ABOVE DATE. . I AMOUNT SUBJECT TO VERIFICATION WHEN PAYMENT IS MADE.. s-------, i „ f ...,1 / Z.) /Ai. J Vti'-bi/a-Yr 0_,c.p-e.i,,,,, 1 • _. r. / .,,---..., 6% f, t, k 1 C-,„4-t.-,..•..,..„.--..,-•-i , i 1 ;" .e.;CAW:fr.,'4....- -,. ••.„., ',-... • FORM III•40M 8-37 [ . 1 . . i . . , . ' yti -4 r-/- lyti}/-4 ,0 ( ORDINANCE NO. 1042 • AI) AN 'ORoINAKCE OF THE CITY OF FENTON, ACCEPTING THE OFFER OF LEE MONONAN , 10 DEED CERTAIN REAL ESTATE TO THE CITY OF RENTON, WASHINGToN AND DECL NO AN EMERGENCY. The C' ty Council of the City of Renton Do Ordain as Follows: SEC IoN 1. _ Thqt whereas, Lee Moriohan, a Fenton pioneer , has offered to deed to the City of Fenton, Washington, certain real estate in said C1 .y described as Tax Lot 20 and Tax Lot 31 , in Section 89 • township north range 5 east, comprising 21 acres more or less a d said offer reciting that the aceeptance of a deed thereof shall ent ii an expeudi urc on the part of the City of the sum of twenty-five hundred ($:500.00) dollars due and unpaid taxes thereon and WHEREAS unless s i offer is accepted by the City at once the title to said property w. 11 be taken by King County for said unpaid taxes and the • City will ose%). splendid opportunity to acquire at minimum cost) a valuable s te for a City park and a valuable area for the promotion of industr: al enterprises and WHEREAS no Provision was made in the 1 udget during the year 1938 for the acquisition of park sites and industrigl _17 areas, TilEPEFOR, said offer shall be and the same is hereby accept Provided, ',hat said real estate shall be deeded to the City so that a portion thoreof comprising the east 250 feet shall be devoted ex- clusivelk ' o park purposes and the remainder of said real estate to • - be deedeo ' n fee to the City, to be available for industrial develo merit pur o ,es, Provided, further, that the City shall at all times • /retain t e fee title thereto. • SECTI1N 2. That there be and there hereby is , appropriated, in addition to the amount of the budget for the year 1939 the sum of twenty-fiv ; hundred ($2500.00) dollars out of the General Fund for ho purposes or paying the taxes and assessments due on the real estate describe n Section 1 hereof. , f I fr I I -2- , SEoTION 3. The City Council of the City of Renton does hereby declare' that they have found an emeregency to exist. SE TION 4. This Ordinance shall not be passed until at least one wee l (1) after its introduction and it shall require the unanimous vote of the Councilmen present and the approval of the Mayor. SEITION 50 The east 250 feet of the above described real estate to be d, eded to the City of Renton, Washington, for park purposes shall b forever known as 'Mothers o Park" in honor of the pioneer mother f the donor of said real estate and other pioneer mothers* SECTION 6 This Ordinance shall be in full force and effect five (5) days from and after its passage, approval and legal publica.. tion. Approved this 5th day of September, 1939. 1 G. W. BEANDLOSSOM MAYOR Pa! sed by the City Council of the City of Renton, Wn. , this 5th day of Feptember, 1939© AGNES EDWAPDS CITY CLERK , APPROVE AS TO FORM PAUI W. HOUSER : I-- CITY A'.noLT,Y Date of Pliplications September 79 1939. STATE OF WASHITIGTON ) CCUNTY OF KING ) ss CITY OF FIEtdON ) I, Wiley Crook, City Clerk in and for the City of Renton, do h reby certify that the foregoing ordinance is a true and correct copy of Ordinance No. 1049 as it appears on file and do further certify tha the same ha been published according to law. IN 1I:NESS WHEEEOF I have hereunto sot my hand and the effici 1 11 Z seal of the City of Renton this 1st day of October, 19+9. , Wiley Crook City Clerk U 0 • co r , „ op, " 0 Councilm-n Trimm, Pre`:s,,ident of the Council, further reported for the Com- mittee of 'the Council as a. Whole, in regard to the revised Peterson Plat in the Sunset Height ,, adjacent on the north to '.,findsor Hills, that the Committee recom- mends that th . Council anprove said plat; that the revised plat submitted to the Council no conforms to the platting ordinance. Moved by Richardson, seconded by Tambori'ni, that the Council concur in the recommendation of the Committee of +. the Council a r �., ter �ler> a. ',Jholee Carried. The � � (� t; informed the Council that a letter had been forwarded to the owner of the �.attic th' t were running at large in the area of 6th Avenue best in • i, f n,.arlingto f, `f' Counclm. n Vietzke requested a meeting of the Special Swimming Pool Committee °= 1 Major P.axt�er :nd the City Atttorney, following this evening's Council meeting. Counc!lm,mn Swift stated that it was the recommendation of the Street & Alley k �. Committee 'i ha', the Council request a meeting with the Renton Housing Authority relative to revision of the Highlands Flat, and that the Housing Authority be R'• requested to ,.et a date for the meeting. Councilm..n Swift reported that there would be 'a meeting of the Street & Alley I;. Committee, ThIrsd av, May 5, 1955. t. ;, The Assi tant City Attorney informed the Council that an`r petition, when re- - .jected by lIhe Council without any further provisions regarding same, is dead and v' that-any fora er action on the matter would require a new petition; that any re- zoning netititn, bearing the required number of sipratures must beli granted a hearing accrorc ink, to the zoning ordinance. Councilor n Prime reported that, the exchange of it ortion of t,l,_ Mother's g of Renton. property (a i;" p i"other Park Area, the City; r^ta_i.ni n approximately 1a.1 acres i' including tlhe North `,enton Recreation Funding the Radio Station and two lots !, south of tie . tati.on) for a.nnro••:imatel ,T 20 acresf (1100 feet of lake frontage) on (,, Lake 'nashingtc a .lust east of the Puget Sound Shuffleton Plant:., has been consummated ( , with the Hilroaf company, and that the Council feels that this is a ver. y food f. property e .r_,har;'e, with nocost to the taxpayer, for the City r of Renton; ,ki,,, r. Benton• that this ,, exchange of nu onerty has opened up a large industrial area and has given the City f' a nice lake front area, and that, Mir. Gerard Shellan, the Assistant City Attorney) r „`i i should be conf-ratulated for his very diligent end successful efforts. Mayor Baxter thanked Councilman Bruce for his report and stated that in behalf of the r`' Council and the City of Renton he wouldlike to thank Mr. Shellan for his out- ri• standing work for the City of Renton. r ' • Ir Counci:lma Morris reported that Councilman Tamborini and he had attended the Housing Authority P.oard meeting on Monday, May 2nd, and that they had advised the Board that ter ain matters were presently in Committee. f.;': 0. On reeuns�. of Councilman P'icha?•dson that, the matter of use of a certain type !,, of sewer pipe ;ithin the City ofenton be referred to the ;.sanitation Committee and City r;n :inc>e� for investi.Ta. 1' tion and to study the ordinance in regard to same and report 'bac: to the Council it was so moved by r'elaurenti, seconded by Hansen, and carried. Also, On :he su. gestion of Councilman "ichardson that in discussing the (,,, matter witii ;Ia t bill, Assistant Citr .ngireer that the interpretation of the !., V present ord! .na. .ce covering; the mixing of cement is not clear and because of the k considera}_�l'f_ a Duet of building 'constr..cti on around Penton, the feel 'that, there • I + should be a be ,ter interpretation of same and that he would like to suggest that the matter �r,e •e_:`'err•ed to the Assistant Cit•m r nF,ineer for consideration and study ±';, and a .repor_, bci',: to the Council, and so moved by Vietzl:e, seconded bey Delaurenti anal carried;, L. [i._' Coi<nci_''ma . Morris 'reported that on request of the City Clerk, that the Finance Commit ee recommended that . 1210.00 be borrowed from Cumulative Fund ff1184 and transferred to Funds as follows: • L,.1.D. /f2)r0 (Improvement of Bl. 8) — $350.00 L.I.D. #241 (Improvement of Bl. 9) - $300.00 L.I.D. / 2142 (Improvement, of Pl. 14) - 050.00 and that Ciu.i'nul tive Fund ;/11f4 be re i_rnbursed in this amount as payments are made `' on the L.I.1�. ' is, i,, 7 r CITY OF RENTON PAUL W.HOUSER.ATTORNEY KING COUNTY, WASHINGTON COUNCILMEN DR.C'.L.DIXON.HEALTH OFFICER G.W.BEANBLOSSOM,MAYOR FLOYD LAWRENCE VINCENTSTEWART,CHIEF OFPOLICE E.W.ISACKSON FRANK W.HARRIS,CITY ENGINEER PAUL F.GREEN,TREASURER C.S.WILLIAMS J.E.McFARLAND,POLICE JUDG= AGNES EDWARDS,CITY CLERK L.E.PLANO PETER DULLAHANT,STREET AND M.H.DEACY WATER SUPERINTENDENT LOUIE GEBENINI1 E.E.BURROWS,FIRE CHIEF E.E.BURROWS, COU NCILMAN•AT-LARGE September 21, 1939 Mrs. Agnes Edwards City Clerk Renton, Wash. Dear Mrs. Edwards: I am enclosing herewith, recorded warranty deed from Lee Monohon to the City for the Monohon Park; tax receipt, showing taxes paid in the amount, of 82,447.01; and policy of title insurance of the Washington Title Insurance Company, insuring the title of the City in the amount of $2,000. Yours very tr Paul W. Houser PWH:AD ENC. Ili RESOLUTI N OF THE ADVISORY AND PLANNING COMMISSION OF REITON, WASH. WHEREAS the City Council of the City of Renton has re-referred . to this Advisory Commission the question of the acceptance of the proposal of Mr. Lee Monohan to deed certain real estate to the City under ce tain conditions expressed in such offer, AND WHEREAS the fact has been developed that Mr. Monohan has been off-red a sum far in excess of the cost to the City of clearing the titl- to said real estate, AND WHEREAS the generosity of this public spirited citizen should b- recognized and perip tuated by. the establishment and maintena ce of a park to be known hereafter as "Mothers' Park" , ' AND IHEREAS this Commission has been advised by the City Attorney that the total taxes against said property together with interest thereon up to August 30, 1939, is, the , sum of $2,432.501 THEREFORE be it resolved that the Planning Commission respect- fullyCity recommend to the Honorable Mayor and Members of the i y Council f Renton that the offer of this public spirited citizen of Rento be accepted, that the City pay the taxes now due thereon, and that a portion thereof comprising the East 250 ft. be devoted exclusi ely to park. purposes the same to be forever known as "Mothers' Park" a d that the remainder of said tract be deeded in fee to the City to be available for industrial development purposes provided that th- City shall at all times retain the fee title thereto. Ado•ted this 21st day of July, 1939. GEORGE W. BEANBLOSSOM PRESIDENT ---1,-) L'4 d (� r .,,/ Passed •,this ill-t ;d.ay rof ILIST.:, 193�9. AGNES EDWARDS f/ SECRETARY rk, , _Dap"' . ., 4 • w 6' , MINUTES OF MEETING OF ADVISORY AND PLANNING COMMISSION OF R t TON Special Meeting of the Advisory and Planning Commission of Renton, Washington was called to order at 8 p.m. in the Council chamber of Renton, Washington, July 21, 1939, by the President, Honorab e George W. Beanblossom. Th roll of members was called and the following were recorded as pres nt: President George W. Beanblossom, Dan McGovern, Mrs. - Ethyl Wolski, Mrs. A. Richmond, 0. N. Cochran, Charles Ruud, Max ; Clark, rank Toschi, Wes Tonkin, Ed Stokes, P. J. Madson, Jack Oliver, Art Pelson, and Tom Dobson, Jr., constituting a majority of the Commission. The minutes of the last regular meeting were read and on motion duly ap roved as read. The President advised -the Commission that the question of the purchase of the Lee Mnnohan property had been referred back to the Commission by the City Council and explained the present status of Mr. lonohan' s offer. The Secretary pro-tem explained the tax situation as to the propert in question and advised the Commission that the total taxes d assessments and interest up to July 30, 1939, amounted to 2,4 2.50. Aft r a general discussion of the offer of Mr. Monohan,. it was reg larly moved and seconded that it be recommended to the City. Council of the City of Renton, Washington, that the offer of Mr. Lee Mon han be accepted provided that the deed to the City recite: that th East 250 ft. of said tract be used exclusively for park purposes and that the balance of the real estate be used by the City foi. industrial development purposes. The roll being called and the members present voting thereon resulte as follows: Ayes '11, Noes 1. It was regularly moved and seconded that the President and Secretary prepare a resolution incorporating the foregoing recommenda- tion and submit the same to the next meeting of the City Council. I -1- { K M Motion carried unanimously. Mr. Sam Nichols of Renton addressed the Council on the present deplora le situation of the Coal Industry in the State of Washington and exp essed the gratitude of Union Labor to the people of Renton for their hearty cooperation in the effort of the United Mine Workers of America to save this important industry to posterity. There being no further business, it was regularly moved and seconde that the meeting stand adjourned subject to the call of the Pres'dent. Mot'on carried unanimously. GEORGE W. BEANBLOSSOM PRESIDENT AGI ES EDWARDS SECRETARY -2- ORDINANCE NO. AN ORDI TANCE DECLINING THE OFFER OF LEE MONOHON TO DEED TO THE CITY OF RENTON, WASHINGTON CERTAIN REAL ESTATE FOR PARK PURPOSES AND DESIGNATING THE NAME OF THE NEXT CITY PARK TO BE ACQUIRED BY THE CITY OF RENTON, WASHINGTON. The City Council of the City of Renton does Ordain as follows: Section I. That for the reason the real estate offered to the City of Renton by Lee Monohon, a real progressive pioneer, for park purposes has at this time a cash value far in excess of the cost of clearing up the title to said real estate, the offer of said Lee Monohon is hereby declined. Section II. That in recognition of said offer, made solely for the p rpose of having a Renton park named "Mothers' Park" in honor of the pioneer mother of said Lee Monohon, that the next City park to be acquired by the City of Renton shall be named an forever known as "Mothers' Park". Section III. This Ordinance shall be effective five (5) days from and after its passage, approval and legal publication as by law provided. Approved this 18th day of July, 1939. GEORGE W. BEANBLOSSOM MAYOR Pass d by the City Council of the City of Renton, Washington, this 18th day of July, 1939. AGNES EDWARDS CITY CLERK APPROVED AS TO FORM: L r. H ciTy 11TTRNEY / ;�el1� 1 1i/ . . , . . . ,• • ; !. . . , . . . . . . , . • ,, ,, . . . . . . . , , . . , . . . 0 ROI N AN C E N 0 . .. . ; .• . , AN 0 RDI".il AN C E D EC L I N IN G Tit E,0 FF EB. OF .LE MONOE.031 .TO pe6ED TO , . - THE CI:TI OF RENTON, 'WASHINGTONOERTI4IN REJ3I, ESTSiTE FOR PARK • PURPOSES . Sk DESIGNAING THS NAME OF THE NEXT CITY PARK TO BE' ; 11.CgUIRES") .BY THE :CITY OF gENTON9 Wi4HINGTON. • The C' ty Council of the City of Benton does Ordain :,.s -fo3.,1ows: Seeti -n I. That for the reasan. the real estate offered. to . • the City .. f Renton by Lee 'Monahan, 'a real progressive pioneer, i , - ' far pk -purposes has at this time a cash value 'far in. excess , of the cost of clearing up the' title to said real estate, the . 1 . offer. of 'said' Lee Etonohon: is hereby !declined. . -SeC•ti4n 11. That in 'recognition of said offer, made solely for .the p',...mose of 126.vingi a Rt,.3ntan park named liiotherst. t-';..,r1c.n •... • - . 1 . in honOr ,f the pioneer mother of said Lee Monahan" that the . . . next C;Lty }xerk: to be acquired by .1.-the City .of li.enten shall be named wad forever 'mom as HMothers' _Park". Secti;.n HI ii: ' Thl s Ordin,pzee s1 be effective fire ( ) days flc'om and after its pass6ge, approval :nnd .legal pu.blication • , , . . . . as by law provided. . . ' .. . . . . . . . • , . pro-'ed this 1.0,th ,day of July„ 1939. .- ' , •' . • .• . . , ,, . . . , • • . . • • . . • . GP0-.EG.2 ,;',',. 13EVA13.BLOSSObil . . . . . . . . . . • , . . ' 'MAYOR , . • • . • •Pia,3sed by the ,City Council of. the City of Renton, Washington, .L this Otitn day df July, 19,39. . . . • . , • ., .• . • • . . . ANEp RD CI ' EISMAS - „,.-- . ' • • • ' CITI CLERK . . . . . . • ; APPi,t0 V . . •'&0 AS TO FORM; • • , - . . , . . , . . ., • . . , . , . . .. • .PAI,14 W.-. , USEIR . . • . • . i ., CITY AT TO.Liti EY • . ' ! . . . . . . . . ,. . . , ., . . ., . , . . . . .• . , . . . . 1 . . . , . ' . .. . . • . . .. ,, . .. . .. . • . , , , . . • , . . . , . . . , 1 . . , • . • . , • • 1 - .• • . • ,. . . . . , . . . • , 1 . .. • . . 1 „ • . . • . . . , . . . • o PAUL W. HOUSER LAWYER 4 WOOD BUILDING RENT❑N,WASH. July 5, 1939 _.._.._. . • • • Honor: ble Mayor and Members of the city Uouncil Uity of Renton, Washington denti men: ' he undersigned is this morning in receipt of the prelim- in.,ary report from the Washington Title Insurance Company on the real ., state bordering Park Avenue North, to be deeded to the city y Mr. Lee Monohon. The preliminary report shows general taxes and commercial .vraterway assessments for the years 1932-33-34-35-36-37-38 due in th- principle amount of ''2182.74. Interest on these taxes and assessments amounts to 4k364.90 making a total of 4r3047.64 " -..,.,,... figuring the interest of June 1st, 1939. ' he report further shows an unpaid assessment against a portion of the property in of±j.udgment entered September 29, 1939 in th Superior Uourt under cause No. 228568. I have not had tine o ascertain the amount of this assessment. Respec - , �-1 .bmitted, PAUL W. HOU 7R City Attorne P WH:I'