Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Gene Coulon Beach Park - Acquisition (1975-1980)
BEGINNING OF FILE FILE TITLE CI� G D Z 7 —7 5 (o — Z '7 5 Lq lS Cr Wa5hi J cciii AC L[ ta - - SNR1 CAG 027-75 BURLINGTON NORTHERN 111111,410 Lobby 2 Central Building INDUSTRIAL DEVELOPMENT AND Seattle, Washington 98104 PROPERTY MANAGEMENT Telephone (206) 624-1900 May 23, 1975 Mr. John K. Pain, Jr. Assistant City Attorney Office of the City Attorney P. 0. Box 626 Renton, Washington 98055 Dear Mr. Pain: RE: Petition of City of Renton to Acquire Certain Lands - Lk. Wash. Beach Park K.C. No. 714532 In accordance with the above project the Burlington Northern Inc. does hereby grant the City of Renton, and its contractors, permission to enter those areas for public park and recreation purposes as in- dicated below: The easterly 15 feet of Lots 6 through 27, inclusive, in Block 361 C.D. Hillman's Garden of Eden Addition No. 5 as recorded in Vol. 11 of Plats, Page 83, records of King County, Washington, according to the Commissioner's map approved and on file in King County Superior Court Cause No. 156371 lying northerly of the following described line: Beginning at the intersection of the southerly line of Lot 24, Block 361, said plat, with the westerly boundary of the Burlington Northern Inc. right of way; thence South 19'21'48" east a distance of 55.0 feet to the true point of beginning of the above referenced line; thence southwesterly along said line which bears South 70'38'12" West to an intersection with the southerly line of Lot 27, Block 361, said plat, this point of intersection being the terminus of said line. Parcel A: All that portion of Lots 2, 3, and 4, Block 361, C.D. Hillman's Lake Washington Garden of Eden Division No. 5, according to the plat recorded in Volume 11 of Plats, Page 83 in King County, Wa- shington; and adjoining second class shorelands, according to the Commissioner's map approved and on file in King County Superior Court Cause No. 156371 lying within the following described boundaries: 1 f • • Mr. John K. Pain, Jr. Page • May? 2 , 1975 Beginning at a point on the southerly boundary of said Lot 4, from ich the intersection of the southerly boundary of said Lot 4 and t e westerly boundary line of the Burlington Northern Inc. right of wa bears south 75°11t06f1 East 62.42 feet; thence South 76iD11t06n East 9.77 feet along the southerly boundary of said Lot 4; thence North 20°4312611 West 115.2 feet, more or less, to a point on the - north-rly boundary of said Lot 2; thence in a southerly direction on a lin- which parallels and lies 8.5 feet Westerly from a 7°30t00fl railroad curve center line a distance of 108 feet, more or less, to the point of beginning. Parcel B: A strip of land 17 feet in width being 8.5 feet on each side of a centerline across Lots 5 to 27, inclusive, Block 361, 0'D. illmants Lake Washington Garden of Eden Division No. 5, ac- cord•ng to the plat recorded in Volume 11 of Plats, Page 83 in King Coun■y, Washington; and adjoining second class shorelands, according to t e Commissionerts map approved and on file in King County Superior Ccuro Cause No. '156371, described as follows: Beginning at the intersection of the southerly line of Lot 24 in said Block 361 with the westerly boundary line of the Burlington Nort ern Inc. right of way; thence South 19'O21t481 East 55.00 feet; tlienie South 7°3811211 West 24.28 feet to the true point of beginning of s.id centerline; thence North 20°43t2611 West 806.23 feet, more or less to a point on the southerly boundary of said Lot 5; thence across' Lot , on a 7°30100t1 curve to the right 37 feet, more or less, to a poin on the northerly boundary of Lot 5, and the terminus of said cent-rline. The 'emission hereby granted is subject to: 1. i e City of Renton will acdept Burlington Northern Inc.ts. Quitclaim seeds with no reservation clauses. 2. e permission to enter will expire on execution of the Quitclaim seeds. I � 3. he City of Renton will pay the Burlington Northern Inc. a total of $7,600.00 upon delivery of two Quitclaim Deeds. I ' I I Mr. ohn K. Pain, Jr. Page 3 May '3, 1975 4. 1 enty four hours advance notice of intention to enter upon 'ailway Companyts premises for the performance of activities •ermitted herein shall be given by the City to Division Superin- endent in Seattle, Washington, Telephone 624-1900, extension 2221. 5I It is understood and agreed that the City will assume all risk of h njury or death to persons or damage to Railway Company property n any manner resulting from the City of those in the Cityts ploy using said property and that the City will indemnify and ave harmless the Railway Company from any and all loss, cost, I amage or expense caused by or resulting from any injury or death ' o persons or damage to property. 6 nclosed are two copies of this permit. If the terms and onditions are acceptable, please arrange for the execution of oth copies in the space provided below by the City and return one 'i opy to me. • BURL NGTON NORTHERN INC. I I Bjy • _ ii er, Property Management ACCE TED AND APPROVED (p/a.J'7.5- Date CITY O�F RENTON ATTEST : By l /� / BY (,? /77/21AMW, , Mayor City Clerk FSW:pk I' I INTER-OFFICE MEMO • TO: Hor_orable Avery Garrett , Mayor . DATE: 5-29-75 FROM: Del Mead, City Clerk RE: CAG 027-75 . Pet . tion of City of Renton to Acquire Cer ain Lands - Lk. Wash. Beach Park K. CI No. 714532 The attached document (s) have been approved by the City Attorney and are nbw ready for execution. Please sign and return to the City Clerk' s office for further processing. Thank you, • -:'n - e ---- A( Plited. Attachments (3) r - t. L' ` t INTEROFFICE MEMO TO : John K. Pain , Jr. June 2 , 1975 Special Assistant City Attorney FROM: Delores A. Mead , City Clerk RE : Petition to Acquire Land CAG 027-75 Lk. Wash. Beach Park , K. C. No . 714532 (Property & Property Rights of Burlington Northern RR Co. We return herewith fully executed copy of above-referenced Letter Agreement for transmission to the Railroad Co. , per your memo dated May 28 , 1975 . - i 1 INTEROFFICE MEMO TO : Gene Coulon, Director DATE: May 28 , 1975 Parks a Recreation 1 FROM: John K. Pain , Jr. , _ Special Asst. City Attorney SUBJECT: 'etition of City of Renton to Acquire Certain Lands - Lk. Wash. Beach Park - K.C. # 714532 (Property a Property Rights of Burlington Northern Railroad Co . ) Attaphed is the original and one copy of letter of May 23 , 1975 , received from the Burlington Northern Railroad Co . by the undersigned on May 27L You will note that by terms of the letter the Railroad grants 'to the City the right to enter the railroad property in question for public park and recreation purposes , subject to five designated condition . We have reviewed the conditions and find them to be reasona.bl and acceptable. (You will recall that the figure of $7 ,600 . 00 mentioned in condition No . 3 , is the compensation figure negotiated and agree upon with the Railroad) . Plea e proceed to have the Mayor sign both the original and a copy oft4e enclosed letter, retain the original for your file , and return th copy to this office for transmission to the Railroad as they requested. It, i- felt that with the right of entry the City can proceed with the neces-ary planning and even make use of the property, pending actual reseipt of the deed from the Railroad. JKP:mw encls. a INTEROFFICE MEMO c TO: Gene Coulon , Director DATE : :Sept. 9 , 1975, Park 8 Recreation 1 FROM: John K. Pain , Jr. , Special Asst . City Attorney SUBJECT: Pet of C/R to Acquire certain lands , Lk. Wash. Beach. Park I . . K. C. No . 714532 I I I I Attached you will find our statement for services rendered concerning the referenced matter through Sept . 8 , 1975 . Upon your review of same , it would be appreciated if you would process the same for payment . 1 %%/ John/K. (Pain , Jr. , G' JKP :mw attach. . . . . . ... .. . .. . . . . . , . ' ' • • - .. ... . • . . . . i , ' • . • . . . .,. . . -. .. .. . . , • ... ,., . . . . . . . . . , , - -- - • ._ . . ... 1 I/ f:-- -"ti/ -•:. 9 . . ..., _,..i .> i 1 I ; ,..,-. •,,,,i , „3,,,_) , . /-;::-.W..C:':-, .:. •----_• , .-• — - '• A‘--4 ''1;) .'IS:.--'-''''C —.,'-..•,,,..,_..,,/. .z;;/"..29.,_r_'.. ' / (":„,,, . - DAj. .• V ' , / . •2,-,,, ,,,rIM A T f„I ...7 . I i."' /1--• /..,.. / . CLIENT ' (MATTER! , - DAT„,_—_ .• ..,/ / ) -5-7 ....,..-,„ I . 1 / . /-.7'::-,/.1_,,) I d ,/,77,e,. (-(=.1,..:/<.1-,/\/ 1-,/v" =- ,- - .,..:-.,--.,,L • •,'.."' :... ..:-./Z--L./........ ...."-R \' ;OFFICE -->,,,-7 ., /-/, A4.:•77, j4" 7 . -"': 77"-..4... I ‘.'27 I 7:s 1_II.37-%'III- L" e '' , i , o,„,oFFICE IN OFFICE --) ;"• , ....,...-:, y .,...3.--.4)-5-e,,''... ,./ , .1,-I..4,r",, -=-?,----- I . • - - 1 I , .OFN2E i 7-"' r I ..,,- _-;- ..: ,., 1 $ ,' re//f_.) -IA,IS-c:.- •.:' / ,,S-I ,.-_,' r i .8,-,,RSE VI Ai TS .,,••••••, /s';•,... e.,_, .„.. , 1. rau L T AVON I 'OFFICEI COURT —.1 GENERAL ( DISBURSEMENTS Ai •-f •'/I r- 1\ ' 4./.'.1::(?•':.2C7"-',-/'- /1.,"7-`•'.CI"•11.4.---'T.,-.." -/ ^.• ... - I Research 1 : , ToP Correspondence CONSULTATION OFFICE •, COURT ., . ..• 'GENERAL • . . ;Briefing Court Aputx. Travel • . Office I Research - Trial ' Covresp.dena• • .. - Dictarl ' . • Deposita. Meeting Telephone Briefing ' '• r Court App.,- 'l• Travel , • PrepersItion ,2 'Investigation Conference Dictation - Deposition • . • - . •.• . . ,. . I Luncheon ' , Preparation' • Investigano.. .. _ • . _ . . . • - ' - .--. . '. . • . . .. . . . . . , .. • . ,. ".„ .• . 1 • •. I . I• . . I I . . , i ., •I . .: ' ' , . . . . . . .. . , . I . . e • /-? 13.. , /-7 1 } 9 • C7 -‘7 Z_(- , Zt/A 5 /SEA . •• • ' . --- .Z (4;f7 1 .1 ••••-•/S , ' L . ' / AVI h 0 ..7 CLIENT MATTER, , 4P "-- - (z !fr. Z I2r--• /----',/--7577,--,/ . . ge ' .,/..)1, . OATE . ---*-Th - CLiEstr ' I • 'MATTER, ( ,,E.Vr--•-"""",-C/:..9/7-r-1: •,-"- (-141 7/.0.,Ai 6 - , (../ --77,- 1 .., • OUT OF OFFICE " / -- k-;.1 0 )•r----A2-- /125A-, 7-5 e.._ 1 i',. - -- - - / / OUT OF OFF!CE INSFFICE -j---. I _ . I • „I IN OFFICE • DISBURSEMENTS CONSULTATION . . . • - • . ' OFFICE .---. . . .,...":"; C: le'//r/17'4•.,-7.4./S: I . Trim , • • cGo,EnImE„RALd,,,c, ! _ •BURSEMENTS . Office " Research • - l - NSULTAT ION OFFICE COURT GENERAL Telephone Briefing - , CourT 'ppear. . Travel • . •Research foal Correspondence • Conference- Dictation ' . D e podt i n - 1 :" ,Meeting Lunche. ephone Briefing Court Appear. Travel Preparation Investi ti.. .' : ' ... - sferene• ' Dictation Deposition Meeting . • .. l • . , rune. :Pr paration Invest•gation . . . . . ' ''" '" ' • ' . . , " . .. . ' -' •' • '' • 1 , . 1 ••• . / i /..,..--•,, . ,_, 9 • <-'.. ..-;'• :4 (,.-,2- c. // /l.,/ . ' , 1 •„-, , ---, ..---) C --, 77 el "-- ,,L,.../..-----/ --/I-A• I'---• — /f4. -", ---7 , .-5 Z.,' • / ..,.,-> ,,-.;...:-..,..--;,--'"..; ". 1 -----I • --- Ii L CLIENT i I 0 A"r"E RI DATE CLIENT !MATT, 2,/,., ,," -' . DATE ,,,... 7-:.--..,-- J ) i _.) . ,...._ . .. . . ....‘ , _ ,. .4. ...__,.._„. .,, ....., .....,...,..,...„.....,,,..... „....2,_ ..„ ..... ,.-- -- - - .. OUT OF OsriCE . '- / <---0...L7,,SIFFICE I , --.4... •1 . is' C' I - -......e ;-).,../,... ,-----•.."./,•.! ••fra.•,./ X.:A'.,,k.:.,,. I IN OFFICE IN OF eiCE ./-•,„-_,,-:_(„,7,/4/ — ---•" -)4-:.,?.. A) s . e.,, L.:' I . , j...- ,...-, "-- • .. I 1 .? , „.,.., , • .... ' I HURSEMEN IS(-%,C • j.'`./..-' "-:: .4„.,C:- "1-..'" ;C.,' ,,, . .$ $ I DISBURSEMENTS • NSULTATION OFFICE „ • COURT GENERAL CONSULTATION I OFFICE COURT • • GENERAL ire , Research Trial —_, Correspond •ence , Office • Reuarch . Trial Corrupts...de.. sohOne • Briefing Court Appear. Travel Telephone Briefing. Court Appear. . ' Travel tau. Dictation Deposition Meeting Deposition • Muting'. • Conference Dictation _ f au. , , Preparation _ Investigation I Lunduon • Preparation • . Investigation I •— . . . • • . , . ' • , . • . • . . . . ••• ' .. t . ;,.',1../;•-41, 17, ' )/ . ,<2 - I ,: . .- ' . "C ' . - '., ''•• / k 7 ! . I 1 -72-1 • ,.. 4 :C • .2 " . / ...__ ------ -I 9 i •.... CLIENT / .,...., i , 7 - - c, ,..7 -7. . ,4". - +/"--------7.1 I .1 77 er- ---• 0 • . 1 ',' i i • CLIENT I ,,,,,t7, ,.) _,..... , ..........,., ....„._ . 4/,/,'-,L, . ...„7-, ,....„--,,, ., ..-",4..-- //,',L1 V,---'- e/ .; „. , , '''' .-I ..--ze, ---;---... ,-, , ,,,,,,,,..z7 , ,,--> ,. -- . - ,,, f.cE , . — in OFFICE i .-. —STII- ../"— $ , , I ; L -- f— _ "oc",E . DISBURSEMENTS — . ' •.---, • • SHELLAN, & PAIN ATTORNEYS AT LAW • 100 SOUTH SECOND STREET BUILDING POST OFFICE BOX 626 GERARD M.SHELLAN RENTON,WASHINGTON 98055 TELEPHONES JOHN K.PAIN,JR. 1 - ALpinelIl5-8678 �t ALpind 5-8679 LAWRENCE-J.WARREN September 9 , 1975 City of 'enton Renton M ,nicipal Bldg. , Renton , a. 98055 PLEASE DETACH AND R TURN WITH YOUR CHECK AMOUNT ENCLOSED For services rendered - Petition of City of Renton to Acquire Certain Landis - Lake Wash. Beach Park, acquisition of the railroad fee 8 easement , from July 22 , 1975 , through Sept,. 8 , 1975 , per copies of time slips attached - 2 .1 hrs. @ $35 per hr : $ 73 . 50 ` OFFICE OF THE CITY, ATTORNEY® RENTON,WASHINGTON 0 POST OFFICE BOX 626• 100 end AVENUE BUILDING 0 RENTON,WASHINGTON 98055 255-8878 • 130� � GERARD M.SHELLAN,CITY ATTORNEY LAWRENCE J.WARREN, ASSISTANT CITY AT'PORNEY FD SEPO- . September 9, 1975 Bu lington Northern . 350 Central rat Bldg. Se-ttle, Wa. 98104 At 'ention: '.Mr. Woodrow L. Taylor, Regional.. Counsel : . ;, ' _., Re: Petition of City of Renton to acquire certain • lands Lk. Wash. Beach Park - K.C. No. 714532 • Ge tlemen: En losed, as requested, is a conformed copy of "Stipulation, Po and Order of Dismissal as to Respondent; .Pacific Coast. R. : Co. , and its Successor in Interest , Burlington Northern In• . " , signed and entered by Court Commissioner Robert.,E. .. • Di on on September 8 , '1975. Very truly J 'Yen 1(.i' P ��, J . ; )S ecial Asst: ity Attorney l JI(^ :mw encl. .. cc : . Mr. Gene Coulon, City of Renton, Parks 5 Rec. Dept. (w/copy. 'encl. of Stip e E Order of".Dismissal) • C. , i 1 2 . 3 . 4 3 5 1�- I✓ ff1 . 6 �' /e 7 IN TH SUPERIOR COURT OF THE STATE OF WASEINGTON FOR i<ING COUN` , f , f 8 In the Matter of the Petition of The ) NO. 714532 & 735570 (j City Df Renton, a municipal corporation ) 9 of the State of Washington, to acquire ) STIPULATION FOR AND by condemnation certain lands and ) ORDER OF DISMISSAL AS 10 propel ty within the City of Renton, ) TO RESPONDENT, PACIFIC sing County, Washington, in connection ) COAST R. R. CO. , AND 11 with the acquisition of such property ) ITS SUCCESSOR, IN for park, e. like playground and marine ) INTEREST, BURLINGTON 12 rec±i. acional e . likecus:.•pl✓4 s mod3 , :A OJ1. N iC. r1�:R . . . contemplated by City of Renton Ordin- ) 13 ancelNo. 2509 ) U ) 14 15IT7i t i T S 4_ j E-D IS :�.�:�„��' STIPULATED AND AGREED to by and between re- ' 16 spec ive counsel of record that the above entitled cause as to 17 Res; ndent, Pacific Coast R. R. Co. , and its successor in interest, 18 Bur2l.ington Northern Inc. , may be dismissed with prejudice for the 19 rea I on that this case as between these parties has been fully 20 setLled by conveyance to Petitioner of the Railroad 's property 21 ;and property rights sought to be acquired herein. 22 DATED this ' day of September, 1975. 23 �, • 24 . .Iona X. Pain, Jr. 25 • Special Asst. City Attorney, Counsel for Petitioner, City of Renton 26 27 • �`i" ,00drow L. Taylor, Attorney' for 28 Burlington Northern Inc. , successor in interest to Respondent, Pacific 29 Coast R. R. Co. 30 Burlington Northern Inc. Law Department 31 S.'IP . & ORDER OF 350 Central Building D SI ISSAL - Page 1 Seattle, Washington 98104 32 Telephone: (206) 624-1900 Ext. 2442 r. ;., -i i=t • • I 4, • y•,d •..' l; 1 a. -.,Y I:- . . , Rp� .ii F R • I. LEIS MATTER caning on regularly before this Court: upon 2 :' I • 3 the for- oirg Stipulation, and :good cause appearing for same, • i ' 4 NOW, TB REFORL, ,. 5 • IT IS HEREBY ORDERED,, ADJUDGE]) AND DECRn.FT1 that the above 6 entitlecause be and- the same is hereby dismissed with prejudice - 7 as to R spondent, Pacific Coast R. R. Co. , and its successor ink 8 interes,' , . Burlington Northern Inc. , without costs to either party. 9 l' ' sONE.:IN OPEN COURT this ' 7 l day of September, 1975! ,1. .. 10 11 • 12� ;. y,:,;ib f j COURT COMMISSIONER; ` 13 I - • 14 • • Presen _ by: • 15 . • /�_• • 16 John i Pain, Jr. . . SpeCiat , A'Asst. City attorney t 17 Counsel for Petitioner, City_ of Renton 1 18 11 ' I '' . • 19 App�Iro ed for Entry: , i • 20 . Sry. L. Z`a or Y 21 �oodr At t! r ey for Burlington northern Inc. , • 22 suc,'ce-nor in interest to Respondent, , . • Paclif c Coast R. R.. Co. 23 1 24 25 - , 26 27 J' 28 , • 30 ST;I 31 P & ORDER OF.. • DZ'S SSA3. - Page 2''� 32 Wt( August 22, 1975 (dic) F. S. Wagne , Appraiser Burlington Northern Railroad Industrial pevelopment Property Mah agement Department Lobby 2 Central Building Seattle, WA 98104 Re? Petition of City of Renton to acquire certain lands - Lake Washington Beach Park, King County No. 714532 Dear. Mr. W gner s Please fin enclosed City of Renton Warrant for $7,600.00 , together with the o iginal and one copy of Stipulation and Order to Dismiss/ You might ote on the Stipulation and Order that there are two • case nunhers. This was necessary since the railroad propprty was involved two cases, in which there were different principal _ respondents. If you could forward the Stipulationaand Order for Dismissal to Mr. Taylor, attorney for the railroad, for his signature, and then have/ the same returned to us for entering in the court records, it would be greatly appreciated. If you halve any questions on this matter please feel free to contact me. Very truly yours, Lawrence J. Warren -k/7 Assistant City Attorney, City of Renton LJW:ds / 1 /1 Enc. f �n J l 1 ti /______, ,. - 7p ,r• INTEROFFICE MEMO . L4 .. . . .. .. , ., .... .., .. , ..- TO: Gene oulon , Dir •-s5 i DATE : July 30 , 1975 . • . Parks g Recreation • . • . FROM: John . Pain , Jr. , Special Asst . City Attorney SUBJECTPet . .f City of Renton, Lk. Wash. Beach Park - 1 Bur. Nor . R.R. Prop. , - Fee g Easement / . Attached you will find the originals of quit claim deeds in favOr of the City , received- from the railroad covering the fee and easement requested i the referenced suit . You Will note -that the deeds have been filed of record under Nos . 7807240358/ g - S59 . _ „,-',-----1--'2' ---•"- / --- -- ._,.._ ' •,.."7.-1.--7/ ,„ ' ---='-, --- ------<- , John K. Pai ,/,Jr. , ..-- JKP:mw . I - . attachs . , . _ . . . . '. . • • , . . • • . . . .. . . , .6.7e-te : 1,00-4.A / goe-et-e-is Renton City council Meeting of 7/28/75 Page 3 h OLD BUSINESS Transportation Transportation Committee Chairman Perry presented committee repolrt Committee Rpt. recommending that the Council authorize vacation of Whitman Court N.E. to Dura Development Co. with the provisions that the City retain Street Vacation utility easements in the area to be vacated; that the existing 40 ft. wide roadway between Sunset Blvd. N.E. and the Honeydew Too apartment Whitman Court NE (Within Honey ew complex be dedicated to the City, subject to receiving unencumbered Apartment title; and that the Dura Development Co. pay the amount of $500 to Complex) the City for the vacated portion of Whitman Court N.E. MOVED BY STREDICKE, SECONDED BY DELAURENTI , COUNCIL CONCUR IN COMMITTEE RECOM- MENDATION AUTHORIZING VACATION OF WHITMAN COURT N. E. WITH PROVISIONS AS STATED. Discussion ensued and MOTION CARRIED. Victoria Park Transportation Committee Report reported meeting with Victoria Park Street Signin Homeowners ' Executive Board and recommended accomplishment of the Improvement following improvements : Accentuation of stopping lines and center lanes at the intersection of S. 26th St. and Talbot Rd. ; installation of centerline and speed sign (25 mph) on S. 26th St. from Talbot Rd. S. to Morris Ave. S. ; installation of yield signs , stop-bars and centerline on Morris S. at the intersection of S. 26th St. and Morris Ave. S. along with installation of "no parking within 30 ft. " signs in conjunction with yield signs. The report noted concurrence by Victoria Park Homeowners' .Pres. ., Jerry Everett, and recommended immediate action be taken.MOVED BY DELAURENTI , SECONDED BY GRANT COUNCIL CONCUR IN RECOMMENDATION OF TRANSPORTATION COMMITTEE AND NOTIFY TRAFFIC ENGINEERING DEPARTMENT. Following discussion, MOTION CARRIED. Public Works Committee Member Stredicke, submitted Public Works Committee report Committee Rpt. concurring in the recommendation of the Public Works Director to accept the low bid of Watson Asphalt Co. , Inc. in the amount of Bid Award $32,044 for resurfacing of N. 3rd St. and Sunset Blvd. (see earlier Resurfacing bid opening) . The report recommended Council authorize the Mayor and City Clerk to execute the contracts. Upon inquiry, Public Works Direc- tor Gonnason noted combination funding consisted mainly of gas tax funds and that N. 3rd would be overlayed "almost to the top of the hill " . MOVED BY CLYMER, SECONDED BY DELAURENTI , COUNCIL CONCUR IN COMMITTEE REPORT AND AWARD BID. It was noted engineering estimate was $42 ,750 MOTION CARRIED k Lake Washingto Legislation Committee. Chairman Clymer presented committee report iconcur- Beach Park ring in recommendation of the Park Board and the Assistant City Attorney Easement for that the City Council approve the purchase of the fee railroad property Access and property rights easement at Lake Washington Beach Park for the total amount of $7,600. MOVED BY PERRY, SECONDED BY STREDICKE, COUNCIL CONCUR IN RECOMMENDATION. Park and Recreation Director Coulon noted prior Council approval . MOTION CARRIED. Wrecking Yards Councilman Grant submitted letters for information concerning wrecking yards resulting from comments at 7/21 Council meeting. Letter from Public Works Director to Supervisor Developmental Services, Ron .Nelson. inquired of any violations of the present code by wrecking yards . Letter of reply presented information on illegal expansion of wrecking yard which had been turned over to the City Attorney for handling; and noted review of all major yards with any violations being acted upo , that all yards, exeept Sternoff' s , have a nonconforming status which makes certain aspects of enforcement difficult. The letter noted working to- gether with Planning Department for compliance of work not completed during the building program and compliance with the restrictive covenants which will be turned over to the Attorney for review. MOVED BY GRANT, SECONDED BY DELAURENTI , COUNCIL REFER CORRESPONDENCE REGARDING WRECKING YARDS TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. Parking Facility Councilman Grant submitted Asst. City Attorney Warren Opinion regarding off-street parking facility superseding his memo of 7/7/75 which stated the City has the right to construct a facility (RCW 35.86) and may lease or rent store space to retail businessess which would otherwise be wasted. The letter noted the City may form a parking commission and let, bids to obtain experienced operator for a facility, but is not compelled to form such a parking commission and in that case, operate the facilityy. MOVED BY GRANT, SECONDED BY DELAURENTI , COUNCIL REFER THIS COMMUNICATION TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. 1 I Rento City Council 7/28/ 15 - Page 4 NEW B SINESS Overtime Parking MOVED BY STREDICKE, SECONDED BY CLYMER, MATTER OF OVERTIME PARKING BE REFERRED TO THE TRANSPORTATION AND FINANCE COMMITTEES. CARRIED. Tow T uck Rates MOVED BY STREDICKE, SECONDED BY PERRY, COUNCIL REFER THE MATTER OF TOW TRUCK RATES TO THE TRANSPORTATION COMMITTEE. CARRIED. Parking in MOVED BY PERRY, SECONDED BY GRANT, COUNCIL REFER THE MATTER OF PARKING Highlnds Area ON MONROE AVE. N.E. BY PERSONS ATTENDING CHURCHES IN THE AREA, TO THE 10th ; 12th N.E. TRANSPORTATION COMMITTEE. CARRIED. Voucher Payment MOVED BY CLYMER, SECONDED BY DELAURENTI, COUNCIL AUTHORIZE PAYMENT OF VOUCHERS NO. 5570 THROUGH NO. 5648 IN THE AMOUNT OF $112,068.31 HAVING RECEIVED DEPARTMENTAL CERTIFICATION AS TO RECEIPT OF MERCHANDISE AND/OR SERVICES. Vouchers No. 5539 through 5569 were machine voided. MOTION CARRIED. MOVED BY PERRY, SECONDED BY STREDICKE, COUNCIL RECESS. CARRIED. Council recessed as' 9:35 p.m. and reconvened at 9:45 p.m. All Council- men were present at Roll Call as previously shown. First ;Reading Legislation Committee Chairman Clymer recommended first reading only H-1 Heavy ' of an ordinance regarding H-1 Heavy Industry Zoning uses and limitations. Industry Zone Following reading by the Clerk, it was MOVED BY DELAURENTI , SECONDED BY CLYMER, H-1 ORDINANCE BE REFERRED BACK TO THE LEGISLATION COMMITTEE. CARRIED. ' First Reading The Legislation Committee recommended first reading of an ordinance Salary Funding appropriating excess revenue and transferring funds for salary adjust- Unifo m ment for uniformed personnel . Following reading by the Clerk, it was MOVED BY DELAURENTI , ,SECONDED BY CLYMER, ORDINANCE BE REFERRED BACK TO THE LEGISLATION COMMITTEE. CARRIED. First Reading The Legislation Committee recommended first reading of an ordinance Salar,. appropriating excess revenue and transferring funds for salary adjust- .Adjus' ment ment for management and other employees. Following first reading, Management it was. MOVED BY DELAURENTI, SECONDED BY CLYMER, COUNCIL REFER ORDI- NANCE BACK TO THE LEGISLATION COMMITTEE. CARRIED. First Reading The Legislation Committee recommended first reading of an ordinance Parki g Sign appropriating funds for additional parking signs. Following reading, Funds it was MOVED BY DELAURENTI , SECONDED BY CLYMER, COUNCIL REFER THE ORDINANCE BACK TO THE LEGISLATION COMMITTEE. CARRIED. First Reading The Legislation Committee recommended first reading of an ordinance L. I. I. 295 establishing L. I.D. 295 for sanitary sewers in the Adams Vista area. Sewe . Moved by Delaurenti , Seconded by Clymer, Council refer Ordinance on Adams Vista LID 295 back to the Legislation Committee, having been read by the Clerk. information presented by Vera Doss of 992.5 134th S.E. that the petition representing 75% of the assessed valuation for annexation to the City would be presented this week. MOVED BY CLYMER, SECONDED BY PERRY, SUBSTITUTE MOTION THAT COUNCIL REFER THE SUBJECT OF CITY PARTICIPATION IN LOCAL IMPROVEMENT DISTRICTS OUTSIDE THE CITY LIMITS, BE REFERRED TO THE COMMITTEE OF THE WHOLE, AND THE ORDINANCE BE REFERRED BACK TO THE LEGISLATION COMMITTEE. CARRIED. Ordi fiance #2951 The Legislation Committee recommended second and final reading for an C.H, ei. ordinance rezoning property from G 7200 to R-2 (See Page 2, Paragraph 7) Inte national which had been placed on first reading 7/21/75. Following reading, it was MOVED BY CLYMER, SECONDED BY DELAURENTI , COUNCIL CONCUR IN RECOM- MENDATION OF COMMITTEE AND ADOPT ORDINANCE AS READ. ROLL CALL: 3 AYES: DELAURENTI , STREDICKE AND CLYMER; 2 NO: PERRY AND GRANT. Upon confirma- tion by City Attorney, MOTION CARRIED. Ordi ance #2952 The Legislation Committee recommended first, second and final reading Final Assessment of an ordinance approving final assessment roll for L. I .D. 286, sanitary L.I. I. 286 sewers in the vicinity of Park Ave. N. , Meadow Ave. N. & FAI 405 between N. 40th & N. 28th St. Following first reading, it was MOVED BY ' CLYMER, SECONDED BY PERRY, ORDINANCE BE MOVED TO SECOND AND FINAL READ- ING. CARRIED. Following reading, it was MOVED BY DELAURENTI , SECONDED BY CLYMER, COUNCIL ADOPT ORDINANCE AS READ. ROLL CALL: 4 AYE: DELAURENTI , PERRY, STREDICKE, CLYMER; I NO: GRANT. MOTION CARRIED. -_�s���+'_- -------/- - '---'�--- ----------------- -------- ------ ----- -------- � � / � | � ` � � 0]T?CL&I@ DEED ' / 1 | ` Ti �ruu�or, DDR�I�GT0� 0O87UC�� INC. ,u , u Delaware corporation in e uworo cnzp coo- � . O&D sideratior of TWO ?U0U3A0D TWO HUNDRED and NO/100 DOLLARS ($2,200.00) , the r/ " receipt of which is hereby acknowledged, conveys and 9jitcluims to the � / ` Cw ' F~- CITY OF RZNTUN, the. following described real astatc situated in the County ! � / of King, State of Washington: e easterly lS feet of Lots 6 through 27, inclusive, in Block l C. D. llillmau/s CurJoo of Eden Addition No. 5 as recorded in Vol. ll of Plats, Page 83' records of King County, Washington, cording to the Commissioner's map approved and on file in King County Superior Court Cause No. lS6I71 lying northerly of the foLowioc described line: Beginning at the intersection of the southerly line of Lot24, Ulock 361, said plat, with tba. wostarly boundary of the Burlington Uor7bern Inc. rlght oF way; thence South I902143" East n distunpo / f 35,0 feet to the true point of beginning of the above referenced ina; thence southwesterly 'along said line which bears South 700 8/ 12" West to an intersection with the southerly line of Lot 27, plozk 361, said plat, this point of intersection being the terminus bf said line. � � IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal to be hereunto affixed � tkis ��� �~ doJ of - ' I976. ' � 0/kLING70g NORTHERN INC.By , � � Attest: ZL; ARIAL ] oocrcTury ,^ v. ' � 4r | � � � � ! ' / ' , / � " � � ^ , ^ � . � | J |~ STATE OF MINNESOTA ) ) ss. County of Ramsey ) 0 this �J` day of 1975, before me personally I^ � l Cr"") appeard J. C. KENADY and G. F. STEINHIBEL CD A,SS S;APJT to me mown to be Vice President anddSecretary of the corporation that '-ID executed the within and foregoing instrument and acknowledged said instru- ment t. be the free and voluntary act and deed of said corporation for the uses a d purposes therein mentioned and on oath stated that they were auth- orized to execute the said instrument and that the seal affixed is the corpor to seal of said corporation. I1 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal t}-e day and year first above written. Notary Public in and for the St to jff Minnesota, residing at 3:.�}'�UNti'J•✓'..`v.i•J1�wvv'r.,✓�n,�rvSiYLtR.ht�,a S i R. H. EROKOPP 7t; : ; ; VOTARY PUBLIC — ESOTA Ai. :,a i C ;.o , Gomm, Expires ii26 22, iU76 is`✓•kry",,,We ✓`0'w^:^/vywv, •^•ivv4,,N.siVywkiviim • — 2 , y QUITCLAIM DEED The Gra tor, BURLINGTON NORTHERN INC. , a Delaware corporation in consideration of FIVE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS (5,400.00), the rerei.t of which is hereby acknowledged, conveys and quitclaims to the CITY OF NTON, the following described real estate situated in the County (1") CD „-r of King, ►tate of Washington: cv • c Parcel A: All that portion of Lots 2, 3, and 4, Block 361, C.D. Hillmanls Lake Washington Garden of Eden Division No. 5, ac- cording to the plat recorded in Volume 11 of Plats, Page 83 in King County, Washington; and adjoining second class shorelands, according to the Conbissionerls map approved and on file in King County Superior Court Cau_e No. 156371 lying within the following described boundaries: Beginning at a point on the southerly boundary of said Lot 4, fro which the intersection of the southerly boundary of said Lot 4 and the we-terly boundary line of the Burlington Northern Inc. right of way bears so th 76°11106n East 62.42 feet; thence South 76°11106n East 19.77 feet al.ng the southerly boundary of said Lot 4; thence North 20°43126" West 11 ,.2 feet, more or less, to a point on the northerly boundary of said Lo 2; thence in a southerly direction on a line which parallels and 1i-s 8.5 feet Westerly from a 7°3010Onn railroad curve center line a di.tance of 108 feet, more or less, to the point of beginning. Parcel B: A strip of land 17 feet in width being 8.5 feet on each s'de of a centerline across Lots 5 to 27, inclusive, Block 361, C.D. H llmanls Lake Washington Garden of Eden Division No. 5, according County, Washington; o t e plat recorded in Volume 11 of Plats, Page 83 in King aid adjoining second class shorelands, according toCthe eeCom ission15637er9d map approved and on file in King County Superior Cous ribed as follows: Beginning at the intersection of the southerly line of Lot 24 in said Clock 361 with the westerly boundary line of the Burlington Northern Inc. mlight of way; thence South 19°21148n East 55.00 feet; thence South 7a 38112" est 24.28 feet to the true point of beginning of said centerline; thence Forth 20°43126n West 806.23 feet, more or less, to a point on the southerly • boundary of sA d Lot 5; thence across Lot 5tonhe northerly boundary curve tofo theo 5 ight 37 feet, more or less, to a point :nd the terminus of said centerline. IN WITNESS WHEREOF, siad corporation has caused this instrument to be executedrr by i. s proper officers and its corporate seal to be hereunto affixed this day •f ,1975. BURLINGTON NORTHERN INC. By -� �' Ce ,le iOe t . tadSPJ ATTEST:jili Secretary • 4- ,; ,.ate?xt t • > h"� Y • • -- - ------ - IIPIr STATE OF MINNESOTA ) ) ss County o Ramsey ) -,' 1 1975, before me personallyappeared On this .�' day of � •%�.(c:.-, PP t--,�v•h,-, 11 ' G. F. STE I N�H o;_i Q. J. C. t•� i� and . ..,. Cn P SS?STANT 0 to me k own to be Vice President andASecretary of the corporation that execute d r\J the wi.t' in and foregoing instrument and acknowledged said instrument to be the r� Q LC) free an. voluntary act and deed of said corporation for the uses and purpose$ therei mentioned and on oath stated that they were authorized to execute the said i strument and that the seal affixed is the corporate seal of said corpor- ation. N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the da, and year first above written. Notary Public in and for the Sta,te oo Minnesota, residing at ,./ ,7-,*(, . .i t1"4'' S j‘--tc_i 't) 7 ..pFR • r -- - .iv 4• " r:::,'„ 40 . THE CITY OF RENTON _- .'. OFFICE OF THE CITY ATTORNEY ' O1 , `� .pia,- co Q ! • P. O. Box 6 2 6, 100 S. Second St. Bldg. Renton,Wa.98055 •255-867: 0 1, fie,' • �TFOSEPSF� GERARD M. SHELLAN, City Attorney • LAWRENCE J. WARREN, Assistant City Attorney June 5 , 1975 Burlingt'n Northern Railroad Co. • 820 -Cent al Bldg. , Seattle, Washington 98104 At:tentio : Mr. F. S. Wagner, Appraiser r (Industrial Development 8 Property Management) I - R : Petition of the City of Renton to Acquire Certain 1' Lands - Lake Wash. Beach Park - K.C. No. 714532 / . r, . Gentleme : 1 Enclosed you will find a ribbon copy of your letter to the under , - signed or May 23 , 1975 , granting to the City of Renton the right! of entry concerning the property and property rights of the rail; • road eou:ht in the referenced action, with recital of conditions, to which the permission is subject. You will note that the en- closed c.py of the letter is duly signed by the mayor of the City • of .Rei`tto and attested to by its city clerk. At your arliest opportunity, it would be appreciated if you coup• give us =n estimate of when we may expect receipt of the quit claimldde ds to the property and property rights_ in question. ' I Very truly you , H• ' i fir„_, • Joh ")d(. (Pain, Jr. , SpOcial Asst. City Attorney JKP:m • encl. . cc : Mr. ene Coulon, Dir. , Parks g Recreation Mr. oodrow C. Taylor, Assoc. Reg. Counsel , • Bu lington Nor. R.R. • i i i. r , cFR ,^ ,J INTEROFFICE MEMO TO: L Del ores Mead, City Clerk DATE: 4/�9/75 �1I' I , OM: ene Coulon, Director of Parks and Recreation I SUBJECT: JASH OSA-99, Lake Washington Beach Park Addition I Transmitted herewith is copy of letter from the Department of Housing and Urban Development notifying us of approval I of the final relocation requisition in the amount of $10,000. 1 r g i P 1l If;: I C-1 S:.W.4. (.ti-. V\ att. I cc: Gwen Marshall Finance Director I Q�Q_OMEN?or y�G% f� Il'•` ' DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT �* ��111➢lllh *ol SEATTLEAREA OFFICE �' +. ARCADE PLAZA BUILDING, 1321 SECOND AVENUE, SEATTLE,WASHINGTON 98101 a�3n3e HdO,P �� April 25, 1975 REGION X •- r.Yi••,,,,! Arcade Plaza Duil<3ing 1321 Second Avenue '' f Seattle,Washington 981 I 1 IN REPLY REFER TO: 4•4e.,r • 10.1PR (Sull van) Phone: 442— 367 Mail Stop 42 • Ho' orable Avery Garrett • Makor, City of Renton ,' 206 Mill Avenue South • Re ton, Washington 98055 • ( Dear Mayor Garrett: Su.ject: WASH 0SA-99, Lake Washington Beach Park Addition Th- City's final relocation requisition has been approved in the .jam unt of $10,000. It is anticipated that a check in that amount wit be mailed directly to your depository within a few days. Th., project is now considered to be finally and completely closed. Si: cerely,i) • ,1/ ;Ni e Bo Paull JAc' ing Area Director • • • • • • • • til " . /j pF R �4' 0 . ' 1� OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON • • C 'ti ON O POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5,8678 • • O ' a, �A �• GERARD M. SHELLAN, CITY ATTORNEY - 0 • - 'I. - (`q. •� JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY • • • • 47'Fi SE - . 1 . December 19 , 1974 . •Burli gton Northern Railroad Co. . • Indus rial Development F Property • Management Dept . Lobby 2 Central Bldg. , Seattl- , Washington 98104 Attent on : Mr. F. S . Wagner , Appraisdr Re : Petition of City of Renton to Acquire ' Certain Lands - Lk. Wash. Beach Park • - -K. C . ; 714532 Gentlem n : ' r Please efer to our letter of November 22 , 1974 . It would be appreci ted if you -would notify the undersigned at your earliest opportu ity as to whether the "home office" has accepted the offers •f settlement we set forth therein , and also confirm ;i the acc racy of the legal descriptions also transmitted to you • with :,th.t letter. . Very truly yours , //'C Pain , Jr • Assistant CityAttorney JKP :mew I I . cc: Gen Coulon, Park Director Mr. Woodrow L. Taylor , Assoc . Regional Counsel - Burlington Nor. R. R . Co . • 0 pi y • I t 1' .. . J 5. • , • : 1 OFFICE OF THE CITY ATTORNEY ® RENTON,WASHINGTON S`=*'" O POST OFFICE BOX 626. 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPI E 5.8678 . (Q- GERARD M. SHELLAN, CITY ATTORNEY • 0'f' CCZ- JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY / 4teD SEP-C CSC October 30, 1974 • Burlington Northern Railroad Co . . Indust ial .Development & Property Ma agement Dept. , Lobby Central Bldg. , • Seattle, Washington 98104 ;. Attent 'on: Mr. F. S. Wagner, Appraiser Re: ' Petition of City of Renton to Acquire Certain Lands - Lk. Wash Beach Park - King Cty. No . . 714532 Gentl-em n : This is in response to your letter of Oct . 3, 1974. The railroad' s "comparaele sales" as, set forth in your letter were viewed by the undersigned in the company of the city ' s Park Director and the clity' s . Appraiser. It was found that all five properties 'in question were zoned, R-1, as opposed to subject ' s H-1 classification, with frontage on impro ed streets and all utilities available, including sewer In addit 'on, sales No. 1 , 4 and 5 are "view" properties . • ' It shoul also be kept in mind that the railroad' s "fee" does not at this ime enjoy direct access to the lake, but rather througz \ad- joining ►roperty. Further , the "fee" -is not contiguous to the rail- road' s 100 foot right of way. The "fee"- appears to be separated from the rail oad right of way by the city' s property upon which the .rail- road enj ys an easement for railroad purposes'. It is the opinion of the city' s appraiser that there is no "damage factor" in this instance. Taking into consideration the subject ' s utilities , siz • shape, access , topography and zoning the undersigned will r.ecomme4d to the Pa k Board, as a final offer to avoid further court action a settlem nt figure of $5 ,400. 00 (based on 35 a sq: • ft:. with the figure ro nded to the nearest $100. ) Please ad ise us whether or not such an offer is acceptable, and, if • so, we wi 1 proceed to obtain the formal authority of the Park Board to effect a settlement at that figure. Very truly yours , JKP:mt • cc: Gene C.ulon, Park Dir. John K. Pain, Jr. Mr. 'Woodrow L. Taylor Asst. City Attorney -att:' Y . , 0FjR 4 � , C.) �iA� `t, 7 THE CITY OF .,- .E-INTO N •-I,.,} o0i MUNICIPAL BUILDING 200 MILL Alit:. SO. RENTON,WASH.90055 o� "i i' AVERY GARRETT, MAYOR • PARKS and RECREATId�,N p �4� GENE L. COULON - DIRECTOR grFto SEP1 November 18, 1974 ' To: Mayor Avery Garrett and • ' Members of the City Council From Gene Coulon, Director of Parks and Recreation Subj ct: Petition of City of Renton to Acquire Certain Lands Lake Washington Beach Park, K.C. No. 7145 32 • (Fee Railroad Property and Property Rights Easement) Gentlemen: . As you are aware, the City has for some time been negotiating with Burl iIngton Northern Railway Company for some 15,390 sq. ft. of property.'owned in fee by them, and 10,917 sq. ft, for easement, also wned by the railroad. The C'ty did have an appraisal of the properties concerned and, based on this, made an offer to' the railroad in the amount of $2200 for e sement, or 20C sq. ft., and $4650 for fee property, or 30 sq, ft',, e railroad was in agreement on the easement price but disa- greed on the fee price as they were asking $8000, or 52 sq. ft, _ The C ty, 'after considerable negotiating, made a final offer of 35 sq', f . ., or $5400 rounded out, and we have just been notified by the railr ad that they are agreeable to this offer; thus the City's cost ofthis transaction will be $2200 for easement and $5400 for fee prope ty, making a total of $7600 as compared to $10,200. It ,is the recommendation of the Park Board and the Assistant City Attor ey that the City Council approve the purchase of the fee prop- erty and the easement for the total amount of $7600. Respectfully, 114* *44/141.%4A41,46.‘ , Gene L. Coulon . -• f A - J. Renton City Council Meeting ...,. Minutes of 11/1804 - Page i CORRESPONDENCE AND URRENT I1USINESS Acquisition of ( L tter from Park D;rr.etc)r Coulon noted Park Board and Assistant City Burlington Attorney' approval Pc,r , purchase of 15,390 ')6, Ft. of property owne Northern i f.et and 10,917 ,,ki. .c., for property right,, ..: !. m,nt owned by BOrlington Right of Way Northern Co. and ,:,',:rd CwIncil concurrence To'r (. .ha'=,e tor the t001 at Beach Park mount of $7 ,'600. ihe letter noted negotiation': cr the Petition of the ity to Acquire Cero Lands, Lake WaOington a :'.-, Nrk , K.C. #715 32, esulted in recii.A ot the purch:.ise price 11 ,:.::, f.,200 to $7 ,600 MED BY STREDICKi..., sf)E:,6NDEH BY PERRY, COUNCIL nrciAR IN ROUEST 'TO ' URCHASE SAID PROPETY MAD REFER TO THE LEGISLJMN COH!AITYq FOR AC ION. ______ ARR1ED. 1 - 1 , ! Transfer Of Fuhds Letter from Finance Director Marshall requested transfer of fundsi Disaster Relief by Resolution from t1-1,.! Disaster Relief Fund to the Current Fund ,and the 1 ' 1 Waterworks Utilitv FIPW in total amount of $12,000.35, which would ,lose out the Disaster tidlf,f Fund, final payment to the Disastiir Rf2ljef - , t ,. ..,-,. ,, -, ,m-n Project having bnr: i. cf,:ived. MOVED BY DELAn[NTI ,' SELNuEu Di' ltlr,1 COUNCIL CONCUR IN ','_( ::1 FOR TRANSHR AND Th,.. TTER U.. REFERRED '10 THF 1.[6.)sLATIoN ;.' ':i!'I :!-, IOR PROPER KS01.1.114, .ii.RRIE.',), 1 Housing & LF:Uor rvom H ,,i ... cc,A noted presentation E tFi : Council on .NON mber Community 7th yoQ, the liousi.ff) Colmunity Development Act , 1974, and receiv o Development Act a draft of a lettr intent from King County fi joiiii, parLicipajon . under the Act' s ii0(4: .?,)-ant. Provisions; thal '..iii:: King County Counc 'l Joint has adopted Motion Na. !,08 indicating its wil 'inpe ,.', to jointi.ly Participatio'il participate with 1.1tHrun jurisdictions in tha 4N?lication for: block with King Count grant. funds , Tii : Fattar noted the joint• p ; ic at ion approach as by Suburban the most feasibli- .,,L, e for the City as it off era in opportunity to Cities si, participate for itil,. it in the fiscal year 1,:r./'::,, '01hiie privaring for J, 1 976 Jind 1977. ', i0,ter requested Council ,)uthorize ta Mayor r sign Anticipated runcs the letter of inLni. ia order to meet, the deddiine as establishe --705 $407600 by the Housing a,ii Community DevelopMent Act in oiler to establis 1976 $800,000 Renton' s eligthilY=.:i thIor the joint p,irLic4)aLib approach, 1/190/ H) BY 1977 $1 ,20,0r0 SCHELLER1 , SECMi: i' WC IVMF.R, COUNCIL CONC,Ui IN RECOMMENDATION OF 1HE,MAYOR 5;UBjEC, TU P:TROVAL OF THE ciTYALLK AS TO LEGAL FORM.* Upon reonet by lAoHciiihan 'Aredicke for fur tile,. explanation, Ast Planning Director Magstadi., (1,:.,: cribed the Housing Act: litie I being , COmmunity Development Funds T-,?goiring submittal by 1975 of Community Devellopment Program; Title 1,I Housing Assistance Grant requiring target areas with t needs for housing tc; be established. Administrative Assistant Stark explained the H.U, D. Act combined old progray., of urban renewa1, open r space, historic per\., tion code enforcement aF;sistance. . . , . COuncil President ., i ,„,flier presented report on the Committee of the Whole Meeting of November 7 , 1974 on the Housing Community Development Act of 1974 presentation by City and King County saff explaining' the emphasis of the Act is on low and- moderate income family housing but ( that impact on the total community is possible through comprehensive , planning and implementation of the block grant: approvals. The report I reviewed eligible activities: land acquisition construction', installa- tion of public work , other community facilities , housing for elderly, ' I ' 1 provision of special facilities as well as programs geared to i proving , I public services relating to employment, economic development, lcrime prevention, child cal, health drug abuse, education, welfare Ia d recreational needs of an area. The report noted the Administration was formulating a delopment plan and requested that the subject v matter be referred to the Council ' s Community lervICEs Committee to serve as liaison in the. community plan develont phase. -MOTION CARRIED. MOVED BY PERRY, SECONDED BY CLYMER , FHAT THE COMMUNITY SERVICES COMMITTEE ACT AC L1MSON ON THIS MATTER. CAnYU. --------- 1 , Protest td Letter from Mr. don W. hcioski , 17405 98th Are, .S. , expressed Opposition Pope ProPeriy to recent reclassifica,.ion of land parcel owned by Mr, and Mr;s. W. Reclassific.tion Stewart Pope of : 71 Thlhot Road S. , from R--i to P-I . The letter noted • Located Norfh potential adverse efc.v.:; of P-1 uses, urging the ravine bordeing the of Valle§ north edge of th-: Pope property remain a natur,,j bpon(lary between the General Hosiltal residentil and (7. :, l development, MOVED L''f SCELLERT,', SECONDED • BY CLYMER, 'THYS LH ; I:ic 1.0'. PLACED ON FILE PENDHG RLGLIPT OF .RE4ONE APPLICATION FRO THL i' .10N17,NG COMMISSION. Followinc, dIscussion, MOTION CARRIED. . I . , . , . . 1 1 . , . . i J • . . , - v 7 �`` _ it '�3- - C. V'�. ON , R OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON V Z •—kt O POST OFFICE BOX 626. 100 2ND AVENUE BUILDING. RENTON, WASHINGTON 98055 ALPINE'S•8678 a\ ' � �- GERARD M. SHELLAN, CITY ATTORNEY �'. p0,Q i .,- • JOHN N. PAIN, JR., ASSISTANT CITY ATTORNEY 4,' 5to. SEP� November 18 , 1974 Burlington Northern Railroad Co. Indu'trial, Development 5 Property !Malagement Dept. , Lobb 2 Cent al Bldg. , Seat le, Wa. 98104 Att ntion: Mr. F. S. Wagner, Appraiser Re: Petition of City of Renton to Acquire Certain L-nds - Lk. Wash'. Beach Park K.C. #714532 Gentlemen: Tha k you for your letter of November 13 , 1974 . The Park Director is proceeding to obtain formal approval of the counter offer of 35 a square foot , as indicated was nec-- ssary in our letter to you of October 30 , 197.4 . A final dec' sion on the counter offer is expected, by Dec. 2 , 1974 , and we aill advise you accordingly. Very truly yours , ' Jc )ca- r ain Jr. City Attorney JK :mt ijca Gene Coulon, Park Director 4.:- , Mr. Woodrow L. Taylor, Assoc. Regional Counsel Burlington Northern RR Co. • ), !.f • INTEROFFICE MEMO • TO : GENE4COULON, Park Director { SATE: Nov. 14, 1, 74 FROM: , JOHN K. PAIN, JR. , Asst . City Attorney SUBJECT: '' Petition of City of Renton to Acquire Certain Lands - 1k. Wash. Beach Park, K. C. No . 7145 32 (Railroad Property and Property Rights) ' Attached you will find copy of correspondence from the railroad dated Nov mber 13, 1974, in response to our letters of October 30th & November 711, in which our offer set forth in the letter of Oct . 30 is accepted by the railroad subject to approval of the home office. { ; W ask that you now proceed to obtain the approval of the Park Board of he offer of 35 a square foot, as I advised the railroad in - our lette of October 30 would be necessary. We also request that you in turn' r quest of the Engineer Department that it prepare the legal descripti ns of the easement and fee taking and transmit the same to me. • ' W believe in this instance that the Park Board approval of the settlemen is sufficient since the acquisition of the property and property ights was authorized by resolution of the City Council by means of -n action in eminent domain; and the proposed settlement would in effe,it be a settlement of a pending suit in eminent domain. ,//,/ JKP:mt encl. gyp' • • p0. cs- 1 y� _ 7' , . i i I } `-r4 % �"'k it / / 11 BURLINGTON NORTHERN a Ais '=' f 1 Lobby 2 IN USTRIAL DEVELOPMENT AND Central Building PROPERTY MANAGEMENT Telephone98104(206) 624-1900 ' M . John K. Pain, Jr. A sistant City Attorney, November 13, 1974 ' 0 fice of the City Attorney P. 0. Box 626 Renton, Washington 98055 ) 11d11:1' DeL.r Mr. Pain: I l f ( ii Re: Petition of City of Renton to Acquire b�/ Certain Lands - Lk. Wash. Beach Park K.C. No. 714532 I Reference is made to your letter of November regarding the , 1 interest of the City of Renton in acquiring two�narrowstrips ,/ �lislated property in connection with development of its Lake Wash- in ton Beach Park project. Al hough we differ in opinion on square foot values concerning this to a (your appraiser ranging from 28¢ per square foot to a high of 45 per square foot) , the Railway Company has always respected and co perated with the City of Renton and will continue to do so. IHo ever, it appears to me that whenever any seller is being condemned fo his property the higher range is 'what both parties would, more, ' or less, agree upon, which in this case is 45¢ per square foot. .Si ce the Railway Company and the City of Renton have never been • • ,th t far'apart from the beginning, we will, at this time, accept i),o r offef of 35¢ per square foot, based on the final approval of jth instruments when presented to St.. Paul for approval. P1 ase submit your legal metes and bounds descriptions of these takings 'an we will compare and progress accordingly. 1Sincerely yours, J. J. GORDON !Manj ger - Property Mana ement IBy. S.. Wagner Appraiser FSW,'jr Fil Pacific Coast R.R. Co. - 1 { ; • Renton City Co ncil Meeting Minutes of 9/1•/74 Page 2 Recess MOVED BY STREDICKE, SECONDED BY BRUCE, COUNCIL RECESS. CARRIED. Council recessed at 8:45 p.m. and reconvened at 8:53 p.m. with all Councilmen present at roll call as previously shown. CORRESPONDENC: Letter from City Clerk Mead presented petition for annexation which AND CURRENT represented owners of more than 10% of the property involved, halving BUSINESS ' been certified by the Planning Officials as to validity. The letter recommended the date of October 7, 1974 for public meeting to deter- 10% Letter of mine whether Council will accept letter of intent, require the Intent to adoption of the City's Comprehensive Plan, Zoning Ordinance and pre- Annex existing bonded indebtedness of the City, after which Council may Kohl , et al authorize circulation of the 75% annexation petition. MOVED BY SCHELLERT, SECONDED BY BRUCE, COUNCIL CONCUR IN RECOMMENDATION qF CLERK AND SET DATE OF OCTOBER 7, AS PRELIMINARY MEETING WITH. PROPERTY OWNERS. This area, lies contiguous to the western boundary of the City along SW Sunset Blvd/Empire Way between 80th and 81st Aven es S. MOTION CARRIED. Unfair Labor Letter from Renton Police Officer's Guild forwarded copy of the unfair Practices. Fi ed labor practices which the Guild has charged against the City with Re Parking the Department of Labor and Industry concerning Barbara Heap, Parking Checker Checker, and claimed discrimination against one of its members because of her sex. Discussion ensued concerning proposed ,repeal of Ord.#2128 Parking Meter Checker, because of change of duties, also the matter • of change of title of position and transfer to Traffic Engineering. Claim for , Claim for Damages filed by Barbara J. Curtis, 15010 135th Ave. S.E. , Damages , was presented by the City Clerk, noting amount of $63. 18 for auto B.J. Curtis damage caused by backing into fire hydrant at Bill & John Grocery on Maple Valley Highway,alleging poor hydrant placement. MOVED BY SCHELLERT, SECONDED BY PERRY, CLAIM FOR DAMAGES BE REFERRED TO THE CITY ATTORNEY AND INSURANCE CARRIER. CARRIED. Rate Increase Letter from Clearview TV Cable President William L. Monson announced Clearview a TV cable monthly service charge increase from $6.00 a month to TV Cable $6.95 a month with additional outlets increased from $1 .00 to $1 .50 a month due to increased costs in providing service, letter offering to meet and explain in detail . MOVED BY GRANT, SECONDED BY PERRY, MATTER BE REFERRED TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. Councilman Grant announced meeting (see Schedule). H.U. D. Contr ct ' Letter from Park and Recreation Director Coulon transmitted docu- Lake WA Beach Pk. ments concerning contract with H.U.D. for reimbursement of $10,000 Scott-Pa;ci is for the relocation award made to Scott-Pacific concerning property Property on Lake Washington adjacent to. the Beach Park. Letter enclosed proposed resolution approving and providing for the execution Of the First Amendatory Contract for Grant to Acquire and/or Develop Land for Open-Space Purposes which amends contract of August 27, 1970. MOVED BY PERRY, SECONDED BY SCHELLERT, THIS COMMUNICATION BE REFERRED TO THE LEGISLATION COMMITTEE. CARRIED. See Later action. Letter of Protest Letter from S. C. Iffert and James W. Dalpay protested any attempt Vacation o by the City Council to vacate Whitman Court N.E. to the north of Whitman, Ct. N.E. Honeydew Estates. Upon discussion with City Attorney, it was MOVED BY PERRY, SECONDED BY SCHELLERT, COMMUNICATION PROTESTING VACATION BE PUT ON FILE IN THE CITY CLERK'S OFFICE PENDING PUBLIC HEARING. CARRIED. Ordinance #'874 Letter from I.D. Investments, S. C. Iffert and James W. Dalpay, re L. I. D. 88 objected to passage of Ordinance 2874,which establishes L.I .D. 288 Protested street and improvements in the vicinity of Whitman Court N.E. , alleging an attempt to illegally and unconstitutionally take private property, located south of Renton-Issaquah. Uw,y...L it_ 4301 N.E. Sunset Blvd. MOVED BY PERRY, SECONDED BY BRUCE, PROTEST BE REFERRED TO THE CITY ATTORNEY TO CONSIDER AND ADVISE COUNCIL. CARRIED. EXPO '74 Letter from Mayor Garrett noted invitation to participate in EXPO '74 in Spokane and Tuesday, October 1 , has been designated as Renton's "Festival Day," which requires 45 minutes of entertainment by a representative group. The letter stated Dr. Kohlwes is interested, in RENTON CITY COUNCIL Regular Meeting September 16 , 1974 Municipal Building Monday , 8 : 00 P . M. Council Chambers MINUTES CALL TO ORDER Mayor pro tem Earl Clymer, presiding, led the Pledge of Allegiance and called the meeting of the Renton City Council to order. ROLL CALL OF EARL CLYMER, Council President; WILLIAM J. GRANT, KENNETH D. BRUCE, COUNCIL RICHARD M. STREDICKE, GEORGE J. PERRY AND HENRY E. SCHELLERT. MOVED BY GRANT, SECONDED BY BRUCE, THAT ABSENT COUNCILMAN CHARLES • DELAURENTI BE EXCUSED. CARRIED. CITY OFFICIALS G. M. SHELLAN, City Attorney; DEL MEAD, City Clerk; GWEN MARSHALL, IN ATTENDANCE Finance Director; DON STARK, Administrative Assistant; GORDON ERICKSEN, Planning Director; DEL BENNETT, Deputy Director of Public Works; HUGH DARBY, Police Chief; GENE COULON, Park and Recreation Director; VERN CHURCH, Purchasing Agent; KEN WHITE, Personnel Director and BRUCE PHILLIPS, Fire Department Rep. APPROVAL OF MOVED BY SCHELLERT, SECONDED BY PERRY, APPROVAL OF COUNCIL MINUTES MINUTES OF 9/9/74 BE POSTPONED UNTIL 9/23/74. CARRIED. Councilman Schellert requested clarification on 1st paragraph Pg. 5, "that through attri- tion the goal of 50% absorption can be met and a new regulation allows up to 50% absorption into private industry;" Councilman Grant corrected third paragraph Page 5 referring ordinance covering Disturbing-the-Peace and Noise Control to the Public Safety Committee. UBLIC HEARING This being the date set and proper notices having been posted, pub- L. I.D. 290 lished and mailed, the Public Hearing was declared open and City Clerk Street Mead noted letters of protest which had been received from: Winford Improvement K. & Geraldine Moore, 539 Cedar Ave. S. ; 0. Madison; Flora R. 'enton Hill Monaghan, 324 Cedar Ave. S. ; Anita Mae Thelander; Charles A. Thelander; Mrs. Alfred P. Mergner, 418 Mill S. ; Mr. & Mrs. Raymond H. Hansen, 336 Mill Ave. S. ; Mrs. A. M. Hansen, 336 Mill S. ; Ed Walske, 1111/2 3rd; Lyman E. Riley, Palos Verdes Pen. , Calif; A. M. Hansen; S.M. and Martha G. Wiberg, 1201S. 3rd; Maxine and E.J. Walt; Ann and Manly Grinolds, 308 Cedar S. ; August Riffero, 806 Cedar S. ; Janette L. Taylor, 111 4th So. ; Ardith Anderson, 316 Cedar S. ; Executrix for John Trottman Estate, 400 Mill Ave. S. ; Mrs. Charles DuBois, 538 Mill Ave. S. ; Margie Crossan, 535 Cedar S. Letter from Deputy Director of Public Works Bennett noted the 9/12 informational meeting with the property owners by the Public Works Department with. presentation of proposed improvements which include street paving, alley paving, curbs, gutters, sidewalks where needed and underground wiringand street lighting,g g ng, also sanitary sewer system would be included with the cost borne by the utility if replacement needed. The letter stated the property owners in the L. I. D. 290 area were concerned with undergrounding proposal unless ' the high tension lines were also undergrounded or relocated; with alley improvements, with parking after street widening completed and with discrepancies in the individual assessment notices. The letter requested the public hearing be continued to October 21 , 1974 in order to prepare a more detailed plan and revised notices. Deputy Public Works Director Bennett gave recap of the 9/12 meeting and explained that as of 5:00 p.m. today 10 letters of protest had been received which amounted to 11 .30% protest of the project, the 11 letters received at the meeting not having been tabulated. MOVED BY SCHELLERT, SECONDED BY BRUCE, COUNCIL CONCUR IN REQUEST OF PUBLIC WORKS DEPARTMENT AND CONTINUE PUBLIC HEARING TO OCTOBER 21 . Those persons present at the meeting protesting and asking questions: Roy Anderson, 316 Cedar S. ; Martha Wiberg, 1201 S. 3rd; Lou Traverso, 519 Cedar S. ; W. Moore, 539 Cedar S. ; Janet Taylor, 1111 S. 4th; Ray Hansen, 336 Mill Ave. S. ; D. Mitchell , 1107 S. 4th; Teresa Mergner,' 418 Mill Ave. S. ; 0. Madison, 1108 S.4th; Dennis Keolker, 532 Cedar Ave. S. ; Manly Grinolds, 308 Cedar Ave. S. Public Hearing Public Works Deputy Director Bennett noted total cost of project Co tinued to will be $276,000 of which $206,000 City funds and $70,000 contri- Oc ober 21 , 1974 buted by the L. I.D. Bennett noted corner lots would be assessed on one side only. MOTION TO CONTINUE HEARING, CARRIED. C icw- 2_ & 7 ' , ,- , : c ' . dLL c j O e- I :�EROFFICE MEMO TO: Gene Coulon, Park Director DATE: Oct . 14, 1974 FROM: John K. Pain, Jr. Asst . City Attorney r SUBJECT:1 ake Wash. Beach Park - Proposed Acquisition of Burlington Northern Property (fee and easement) 1 At ached is a photocopy of a letter received from Burlington Northern Railroad Company confirming acceptance of the City' s offer as to th- easement"take" and offering to settle the Fee acquisition for $8, 000. 00 (52Q a sq. ft. ) . You will recall that Mr. Pere'tti' s figure on behalf of the City with reference to the fee taking is $4, 617. 00 (30Q a sq. ft . ) . ! It is our thought that we should get together and take a look on site of the "comparable sales" listed by the railroad in its letter and also discuss the railroad' s position of a "damage factor" . We sugg st that if the railroad' s letter be taken to the local office of Tran america Title Ins. Company they would assist you with their maps in placing the locations of the railroad "comparables" and thereby place: us a position to take our joint view of same. JKP I JKP :mt I encl . I �. I3U LINGTON NORTHERN Lobby 2 Central Building IND STRIAL DEVELOPMENT AND',., Seattle, Washington 98104 F',RO ERTY MANAGEMENT Telephone (206) 624-1900 Mr. John K. Pain, 'Jr. ' �: October 3, 1974 - Assistant City Attorney • .r.�\,� Office of the City Attorney J"" 1) P'.O. Box 626 `\ j Rent n, Washington 98055 ` Dear Mr. Pain: 0.11-H1� J Reference is made to your letter of October 1, 1974 and previous corre- spon ence concerning the proposed acquisition of properly required for Lake Washington Beach Park. The ailway Company concurs with the City of Renton that an easement consideration of $2,200.00 be charged for approximately 10,917 sq: ft. . The fee taking, which is established at 15,390 square feet, supports a vafue similar to the following "comparable" sales ranging from $0.41 per square foot to $0.65 a square foot, which are as follows: Sale 1 Wyman K. Dobson sold to J. J. Jorgensen a parcel in C. H. Hillmans Lake Washington Garden of Eden Div. No 5 lying easterly of State Highway 2-A, equaling 23,000 square feet for $15,019 or 65 per sq. ft. Excise Tax No. 168087 dated January 25, 1972. Unimproved. Sale 2 Frank A. Storey sold to Darryl C. Benson a parcel in C. D.- ' Hillmans Lake Washington Garden of Eden Div. No. 4 lying South of SE 110th, and East of 108th SE for $250.00, which equals 487 square feet or $0.51 per sq. ft. Excise Tax No. 169709 dated February 16, 1972. Unimproved. • Sale 3 Merlin K. Weatherbee sold to James B. Hedrick a parcel in Lot 7 Eldon Acres (9811 108th SE) which equals 7,800 sq. ft. for $3,200.00 or 414 per sq. ft. Excise. Tax No. 198194 dated November 8, 1972. .Vacant Lot. Sale 4 Louise R. Airey sold to John M. Dennis Jr. Lot 1, Block 2 Reads Crestview Addition for $5,000.00 equaling 7,673 sq. ft. or 654 per sq. ft. Sale was completed by Warranty Deed dated March 15, 1974. Excise Tax No. E253331. Vacant Lot. . r a ,. M . John K. Pain, Jr. P ge 2 October 3, 1974 S le S Frank A. Storey sold to Harris E. Watson the West 97.30' of the North half Tax Lot 288 C. D. Hillman's Lake Washington Garden of Eden Div. No. 4 which equals 9,730 square feet for $6,000.00 or 62$ per square foot. Warranty Deed dated February 28, 1974. Excise Tax No. 251953. Unimproved. IThe primary objective is to set forth a concept of the potentials jhighest and best use of the subject property in its totality, giving splIecial consideration to spatial, func •onal, aesthetic, and enviictp- me'ntal characteristics of the property, itself. --_ In doing so, we realize this narrow strip of land would not command our highest value of 65$.per sq. ft. However, with excellent frontage a ong Lake Washington Boulevard and easy water access to Lake Washington, s ch elements would lead to recreational activity. However, with only a 100-foot right of way and the City taking a width of 32 feet appro- x mately (both easement and fee) a damage factor to the remainder of o r right of way exists. Iri condlusion, since the figures of value developed by the City arrived a4 a high of_454_.per sq. ft. and we are asking 52$ per sq. ft. , supported by our comparables, it would seem prudent that a near medial figure be a signed as the value that a prudent purchaser would pay for the fee t king, say $8,000.00. Please advise your decision. 17://....—90 erel S nc Y yours, J J. GORDON S! 2' M nager - Property Management _____]_.___,-----, By:e ��0 F. S. Wagner Appraiser n' FSW:jr ` File: PC - 17 6 ,., ...--6---"-- / 4 • Ili , Ni /i; ) :it' i L4-- 'f U 47t il V, i OFFICE OF TIIE CITY ATTORNEY O RENTON, WASHINGTON z61.w. r O POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 ., `i IL'4'~ GERAR© M. SHELLAN,.CITY ATTORNEY 13 �!� JO ffi i4. PAIN, JR., ASSISTANT CITY ATTORNEY 4,2't4b SEPlt October 9 , 1974 it I I IEo:ie , Gates , Dobrin, Wakefield F Long I At .or'neyf' at Law f 114 h Floor No 'ton Bldg. , j e the , W"a e 9 E 0' ,t en t,ion:. Mr. Jay Zulauf I A•t n: City of Renton re Scott Pacific bee tiemen: i 1 ii ,dn lased herewith you will find City of Renton Warrant " z�Toa 0597 in the sum of $10 ,000 .00 payable to Soott-Pacific PliTe' minals , being payment in full .of the award in lieu of relocation cots as provided under federal law. - Very truly yours , i JO Y in Jr. - sst. City Attorney I 0ALP :mt { enci. . I cc: Mr. Gene Coulon , Park Director City of Renton l I 1 i i n n i - CITY OF RENTON , WASHINGTON RESOLUTION NO . 1934 APPROVING AND PROVIDING FOR THE EXECUTION OF THE FIRST AMENDATORY CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN-SPACE . PURPOSES NO . WASH-OSA-99 (G) BY AND BETWEEN THE CITY ' OF RENTON AND THE UNITED STATES OF AMERICA LE IT RESOLVED' BY THE CITY COUNCIL OF THE CITY OF RENTON A+ FOLLOWS : 'ection 1 . The pending proposed First Amendatory Contract for Grant to cquire and/or Develop Land for Open-Space Purposes No . , Wash-OSA-99 (G) is hereby in all respects approved. S ction' 2 . The Mayor of the City of Renton is hereby authorized 'I and direc ed to execute the First Amendatory Contract No . Wash-OSA-99 (G) in two ' (2 ► counterparts on behalf of the City of Renton and the Ci-■y Clerk is ereby authorized and directed to impress and attest the' . official -,eal of the' Public Body on each such counterpart and to fo' ward such counterparts to the Department of Housing and Urban Developmen , for exe ulion on behalf of the Government together with such other ocu- 1 ments rel.tive to the approval and execution of such counterparts.,a may be requ}red by the Government . , '1 ' Se tion 3 . This Resolution shall take effect immediately. PA.SED BY THE CITY COUNCIL this 16th day of September, 197 . Aeo-itifi Q. -e-ild , ,Delores Mead , City C erk , 1 , 'APPROVED BY THE MAYOR this 16th day of September, 1974 . . ; �) _� lJ ` LQ A Earl Clymer. e ayorPro tern Approved' as to formal John K. Pail , Jr. , Asst . City '`ttorney '', I V-, , _i F R�,1/ S' " i 7 O1''l 1( 1 O10 rt,II1�. C?IT1' A`L"1`f)I2211E.Y • 121��1\TTUN,WASH�' Z �" "''�'�ti`Zi - � POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5 8678 n { v on 0� Li CO' GERARD M, SHELLAN, CITY ATTORNEY Q� ��Q` JOHP3 K. PAIN➢ JR., ASSISTANT CITY ATTORNEY 4 • O SEP1C April 4 , 1974 Renton ark Department Renton unicipal Bldg. , Renton , Washington 98055 Attention : Mr. Gene Coulon Re : 'City of Renton vs Scott-Pacific Terminal Inc . (Cl.im for Award in Lieu of Relocation Costs) Gentlemen : On April 3 , 1974 , we spoke by telephone with Walter Rodgers , Regional Counsel of the Department of Housing 8 Urban Develop- ment, who indicated that he had rendered an opinion that Scott- Pacific .ualifies for the claim submitted. He also indicated that and r the Federal Government Grant Agreement to the City of Rento in this instance , the City agreed to a 50% participa- tion. , H feels that under that Agreement the City would have to pay; 5 % of the claim concerning relocations costs . In that respect we would appreciate your sending to us a copy of the Grant Agreement , so we can review the same on the issue of the City ' s liability to participate in an award in lieu of reloca- tion cos s . Also , Mr. Rodgers agreed to mail us a copy of the Federal laws und-r which he feels that Scott-Pacific qualifies for the award sought . When we receive the same , we will review the pertinent sections of the law aid then advise you accordingly. Very truly yo s , ///' 4; : oh K. Pain, Jr. Asst. City Attorney JKP:mt toe ` \,. II _ - /� � c,, ?.\ ,el __......_/ , . di) FI°A' L7 OF0F ICE OF THE CITY ATTORN EY 0 RENTON,WASH.IN G7 O`e o POST OFFICE BOX 626. 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5I8678 s c u7""• d 9 I1 GERAR D IA. SNELL/) CITY ATTORNEY I 7� , i ��' AGM K. PAIN, AR., ASS!'�TANT CITY ATTORNEY cqT CAPi lA-0 . December 29 , 1972 . M . Cene Coulon , P4rk Director City Hall Re'nt.n , Washington � Re : Acquisition of Scott Pacific ' • I property - Lake Washington Beach Park 1 . • Derr Mr. Coulon : i This i_s to advise you that the hearing on appeal of the reere.nced case has been set for 9 : 30 A.M. on January 23 , I 1973 afore the Court of Appeals . /' ':, i . , Very truly your , 7 :JohnK.-"-Pain , Jr. . % ,-i__- Assistant City A torney J KP :'ids L_-, �, cc : ;\Ma-or Garrett • IPr. s . Clymer 1 I , I '1 I n q G , . , _ \ . b� a , , )r). Li r+' f. OFFICE OF `I`IIE CITY ATTORNEY • RENTON, WASIIINOTOIT ���� k:':'El1TA4�3'Y'::�.'said-, .--1 � POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 C, , 4 C� • tl• ° TO GERARD M. SHELLAN, CITY ATTORNEY . 0 I a; 6� JOHN k. PAIN, JR., ASSISTANT CITY ATTORNEY �'teo SEP� -�� s a November. 27 , 1973 , Scott Paper Company Northwest Operations Po O: Boi 9,2 5 Everett, Wa. 98206 , ., F • Attention: Mr. Fred A. Hodge • Tax and Insurance Administrator : Re: Acquisition of property by , i the City of Renton . , . , Gentlemen ; J i. • This :is is response to your letter of October 22 , 1973 which wasf. ! forward'ed on to the Park Director and Park Board. The Board has acted on your request for property tax refunds and relocation costs and has rejected both claims. Reg: Property Tax refunds : The City does not feel responsible fo± • . any refund you may have coming. As you know the City is not itself II . subject to tax. We suggest that application be made directly toL I . ' . , the taxing authorities for a refund based on the date that thee City acquired title to the property (payment of the judgment sum into- , . the Registry of the Court) . Re,: Relocation costs : As you may know, at the trial of the case , ' the Company' contended, and the Court agreed , that all of the equip- \' mentlof Scqtt Pacific on the property were in fact fixtures. As a result of same testimony wag presented on the value of the fixture and the va ue of fixtures was included in the verdict and condemnation • judgment. In fact, the fixtures are recited specifically in the • judgment. In addition, the appraisers for Scott Pacific testified I . that the property had an interim use as a log dump, and they took I • that into cpnsideration,as well as the equipment,in arriving at • their opinions as to the value of the property. In addition, the appraisers for Scott Pacific testified to a dollar volume of business and took the same into consideration in arriving at their I, value for the property. In addition, the City takes issue that the location of the operation in question was unique. As we understand • it the local operation was directly tied in with the operation in Everett. 'urther, we direct, your attention to the statute RCW 8. 26 . 040 dealing with displacement and relocation expenses ;. ze se k • 1) H I ' 0 Scott Paper Company Novemb r 273 1973 specifically, your attention is directed to paragraph (3) and subsections a and b , which we believe are applicable. Should y\ ou desire to discuss the City's decision in this matter please contact us. Yours very truly, • John IA_ paik /Jr. Assistant Attorney General JKP:ds • cc: Mr. oulon, Park Director • Ura3 OFb`ICE OF THE CITY ATTORNEY • RENTON,WASHINGTON POST OFFICE BOX 626, 100 2ND AVENUE BUILDING. RENTON, WASHINGTON 98055 ALPINE 5.8678 O/.O 4110 CO' GERARD M. SHELLAN, CITY ATTORNEY (<,Q JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY 4 D SE „• October 24, 1973 City of Renton Park Department Renton Municipal Building Ret to`n, Washington 98055 Atten ion: Mr. Gene Coulon Re: City of Renton vs Scott Pacific Dear ene : Enclo ed you will find a copy of a letter dated October 22 , 1973 , from Scott Pacific Corporation in response to Mr. Shellan'is letter)I of September. 28 . Please review the letter at your earliest opportunity and then give us a call so that we can respo d to same . Very truly yours , 44 9n P ai , Jr. st . City Attorney • JKP :mt enc 1'. „,,, ...._ t �' ;: sdo ' r . r �'i"' PACKAGED PRODUCTS DIVISION October 22, 1973 • dp Mr.IGe and M. Shellan, Esq. City A torney P. °O. :ox 626 /;"''•. Renton WA 98055 • �/ Dear M . Shellan, I ' Re: Acquisition of Property by City of Renton • ank you for your letter of September 28. I have finally pulled together the remaining facets of this acquisition so that by means of this;lle ter we can proceed to conclude this transaction. IWe have paid the ad valorem taxes on this property and the amount rorated to Renton's account is 37.27% of the total based on , the acq isition date of August 17, 1973. ,. Refund due to taxes on realty $ 2,639.15 Refund due to taxes on personalty 40.60 Total $ 2,679.75 As ou suggest, we are seeking reimbursement under Chapter CW 8.26.1 S ott Pacific Terminal, Inc. is a business as defined in RCW Chapter .26.020 (5) and not a "Farm Operation” because Scott Pacific Terminal Inc. did not produce timber as that term is used in RCW 8.26.020 (6). Instead Scott Pacific Terminal, Inc. provided a market- ing sery ce; i.e. sorting and rafting logs much the same as a railroad' company athers freight, assembles carloads knto trains and then trans- fers the e goods between various owners as a service. Like the railroad, ScottIIPa ific Terminal was paid on a unit basis for performing its service for its arious customers. By this logic we feel that Scott Pacific Terminal, Inc. is entitled to benefits under RCW 8.26.040. ' 1 Scot Pacific Terminal, Inc. "elects to accept payment" under subsectio 8.26.040 (3) in lieu of subsection (1). It is evident that Scott Pac�.fic Terminal, Inc. is entitled to recover its "average annual net earnings" before taxes -for its last two years of operation (not less than $2,0 0 nor more than $10,000). The location of this operation was unique arious producers of logs in King County found that it was' easilyiac essible to them. The booming activity was not hampered by :,corT PAPIER OMPANY • NORTHWEST OPERATIONS•P.O. BOX 925•EVERETT,WA.98206•(206) 259 7333 Mr,. Gerard M. Shellan ' Octob r. 22, 1973 Page o tides and prolonged water storage was facilitated by the fact that logs eld in fresh water do not become infested by shipworms. Lastly, the 1 cation provided good access to salt water and the opportunity to mo e large volumes cheaply on the water. It is doubtful that anther location on this lake could be found at a price which would. permit an economical operation. . 'cott Pacific Terminal, Inc. is an enterprise which operated no other establishment and was not engaged in the same or similar business; J an'ywh-re else. The net earnings of Scott Pacific Terminal, before taxes for the last two years of operation was $22,186. Accordingly,' Scott Pacific Terminal, Inc. hereby requests payment of the maximum amoun' permitted under RCW 8.26.040 (3), an amount equal to $10,000. 'eimbursements to which Scott Pacific Terminal, Inc. is entitled, and w ich will finalize the transaction are: . Relocation Costs: $ 10,000.00 Property Tax Refunds: 2,679.75 12,679.75 W- anticipate your interest in our backup -data for this claim and we would be pleased to meet with you at your convenience at which time w- could produce documentary accounting records as needed.• I this arrangement is satisfactory to you please contact me so that w- can arrange the time and place for our review of these data. Ara Fred A. Hodge Tax & Insurance Administrator FAH/go cc: 1 C M. Olsen - Scott Paper Co. .i . i • .!� ka gat CL� 1 1 CA $ll 2 IOUd In lung C JUL 2 61973 3 Q. STEEN 4 SurF.K 1OK COUKT CLFs1t� 5 Receipt for Copy Date Filed by Clerk 6 7 I THE SUPERIOR.,COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 8 In he Matter of the Petition ) 9 of he City of Renton, a ) Nun cipal Cowration of the ) 10 Sita e of Washingbn to acquire ) NO. 735570 by ondemnation certain lands ) 11 and properties within the City ) PAYMENT BY CITY OF RENTON, of 'enton, King County, Wash- ) A MUNICIPAL CORPORATION, 12 ing ion, in connection .with the ) CONDEMNOR REGARDING abq isition of such properties ) PAYMENT IN FULL OF JUDGMENT . 13 for park, playground and marine ) AND JURY VERDICT, EXPERT rec eational and like purposes as ) WITNESS FEES AND 'ATTORNEYS ' 14 con •emplated by City of Renton ) FEES Ord nance No. 2509 ) . 15 ) 16 17 COMES NOW the City of Renton, a Municipal Corporation and 18 heresy pays into the registry of the Court the following amou ts , 19 to-w, is 20 A. The sum of Eight Hundred Twenty Five Thousand Dollar 21 ($825 ,000 .00) in full payment of judgment and jury verdict. 22 B. The sum of Nine Thousand Eight Hundred Ninety Nine and 23 44/100 Dollars ($9 ,899 .44) re expert witness fees 24 ! C. The sum of Seventy Five Thousand Dollars ($75 ,000 .00) re attorneys' fees awarded condemnee. 25 26 as pgr those certain Judgements date ugust 17 , 1971 and October I 27 29 , 1971 , respectively. 28 j Dated this 26th day of July , 1 73 . 29 30 Grr elan SHE LAN 6 PAIN, Attorneys for • 31 Cit of Renton • - - - - 0 i 0 5 2: • 735570 —Lc C s 90978 99)414 •••,•I.-tes ' !rrrr. Ain !It'll I ••••••••• •-14- ... • . - • C or 7-7Z.s. In Cause No. • (7:1VF_n from . -37 „ • aoove (.;..ccount of —aue number . 0 :I. 73 5 5 7 0- —U L C 909;899)4 Li - r%r, 7` " 1.4.4 "Jr _ ; 'Li",../ - _ rt 7n, 47 rtoln,A, r- CITY OF RENTON INVOICE I AMOUNT. I INVOICE I AMOUNT • DATE 7/25/73 Court Judgeiment 7/25/71 $909 899.44 WARRANT NO. #71 44 AMOUNT s$909,899.44 CLERK of SUPERIOR COURT • !A, • • - - . . _ . _ •• t M 4 C L F-R K'S CoL7F;OF KiNG COUNTY County Clerk • • This is a receipt for The amount of money as reverse :Ide, paid to the Clerk's Office, Ki Oc. • 7 - PLEASE SEE THAT THE PRINTED FIGURES WITH THE AMOUNT PAID •IP •4 • ,.1, a tie: • rLi)r _ 00.- cv5 DEED RESTRICTION . WHEL'EAS the City of Renton, a municipal corporation of the State : of Washington , heretofore acquired by condemnation proceedings the lands and properties hereinafter described , as per Judgment of . the Superior Court in :and for the County. of King , State of Washi gton, Cause' N• . 735570 , under date of August 17 , 1971, and WH REAS the City had heretofore entered into a certain Agreement with nth United States of America, Department of Housing and Urb n ' Development, entitled "Contract for Grant to Acquire and/or use . \ 1 ; Develop d Land for Open-Space purposes under Title VII of the Ho sing • ' Act of 961, as amended ;"special reference being made to Project Ir; j No. WAS -OSA 99 , Contract No. WASH=OSA 99 , (G) ; and - • I. . WH REAS said Contract requires the City of Renton to impose . ,`. . certain conditions on the hereinbelow described real property, NOW THEREFO E , J •• I,IN CONSIDERATION of the sum of Ten Dollars and other good , and sal able consideration, and in compliance with the terms , of the '„.+! aforemefi tioned Agreement with the Department of Housing and Urba 7 ,., Development, the City of Renton, as Grantor, hereby agrees and covenants . that !th hereinbelow described real property , nor any interest therein, may not be sold, leased or otherwise transferred without the prior •i written approval of the Secretary of Housing and Urban Development , , . ' � t his des 'gnee or any successor thereto , for any purposes inconsistent , ..': with th terms of the aforementioned Contract. .1) This Restriction shall be recorded with the Director of Records and Elections , King County, Washington, relating to the following described real estate : (as per Exhibit "A" attached hereto which is made a ' ' • part hereof as if fully set forth) .. .1.,, ; IN WITNESS WHEREOF the parties hereto set their hands at Renton- . :In Excise Tax Not Required ,Jh.C'y:•A; 1:!'!-, !'ins; Co. C;,mpti ier • - 1 - • y}.y`\,yy'-o`'0.!V1V ��.5.,� ,. v1'�'i�iV•.' -, 1 ..; • • ti • • • Washington, this day of August , 1973 . • CITY OF RENTON , a municipal c rp. 4 BY (T,: e•W-t1,, _6:(-(1;'_//4/4047-' Mayor /i7 *;/),7 • • . ,/ BY /"•'.,'' A , (.7. Oity Clerk , STATE OF WASHINGTON ) ) ss COUNTY OF KING • Onithis -- day of August , 1973 , before me , the undersigned , • a Notary P blic in and for the State of Washington , duly commissio ed and sworn, personally appeared AVERY GARRETT and DELORES A. MEAD, to • me known to be the Mayor and City Clerk , respectively , of the CITY OF RENTON, -L11. corporation that executed the foregoing instrument and • acknowleldg-d the said instrument to be the free and voluntary act and deed of Said corporation, for the uses. and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal • 1 • of said corporation. • WITNESS 'my hand and official seal hereto affixed the day and year first above written. • (!\) ;‘,) !) Notary Public in and for the State of Washington, residing 'at Renton. • ,- • . • •• • v..- .• . ,!1 • ,• • • - 2 - • • • . TY __t 5 off they Co;rtnissioner' :_ _-'ao approved by decree entered October 11, 1123 in Xing County Superior Court Ceune in. 155371 , the metes and bounds description for said Tract 5 aonroved by . said ne cree being as fo1 lo'.iS: A parcel of. 2nd Class shorelands abutting upon government lot 2 in Section 5,,, Township 23 North, Range 5 'ast, ;1.M. , in King County, .Washington, described as follows: Commencing at a point situated upon the westerly boundary line of the, _Northern Pacific Railway "belt line" right of way, which point bears south 53°50 ' 18' west 135. 629 feet from the stone monument at the point of intersection of the government meander line with the north boundary line of said 'mot 2 ; running thence south 53° 50 ' 18 west 244 . 335 feet to the inner harbor line; thence south 40° 35 ' 00" east along the inner harbor line .113 feet to an angle point in said inner harbor line; thence south 19°45 ' 00" east, continuing along the inner harbor line, 1215. 467 feet; thence north 69°26 ' 56" east 305.583 feet to the westerly boundary line of said right of way; thence north 19°21' 43" west along said boundary line 730.113 feet to the beginning point of a curve; thence to the left on the arc of a curve having a radius 1860. 08 feet and the longchord of which arc bears north 27°23' 58" west 527.097 feet to the point of beginning; together with that portion, if any, of said 70. government lot 2 , lying within the metes and bounds description for said tract 5 . B. A parcel of 2nd Class shorelands abutting upon government lot 3 in Section 5 , Township 23 North, , 7 Range 5 East, W. , in King County, Washington, all according to the Commissioner' s map filed in , King County Superior Court Cause No. 155371, which lg t. reap and the several metes and bounds description • for said parcel were approved by decree entered Octo`►er 19, 1923 in said Case !To. 156371, the • proper metes and bounds description of said parcels • of 2nd Class shorelands ; based on said court decree, ' : ' being as follows: Beginning at a point on the westerly boundary ;. line of the Northern Pa^_ific 'railway ?elt Line" right of way as located and established- by said court decree, said noint beer1 n;? south 60°23 ' 56 ' yR west 39 . 421 Feet from the Stone monument at the point of intersection of the government meander , line pith the north hounle-nY line of sait.i c overnnent Lot 3; thence south 5 3°2 3 '5 5" west f 305 . 683 feet to the inner harbor line; thence , south 19°45 ' 90" east along the inner harbor line 277. O05 feet; thence north 3 °25' 29" east 308. 226 Feet to the westerly boundary line of said railway right of way: thence north i 9°21' 4 8" we t ' along said westerly boundary line 335 . 737 feet to ,7y , the point of be?inning; together with the uplands , if any, within the metes and bounds Ce i rz p t on last above set forth. „✓ The foregoing described land constituting g A..0 r.,, a Parcel of land eometimes described as Lots 1 to 9, inclusive , Block 350 of C. D. Hillman ' s Lake EXHIBIT "A" • • . Washington Garden of Eden Division No.. 5, and - the adjoining 2nd Class shorelands , according to the Commissioner' s Man approved and filed in - ?Zing County Superior Court Cause No. 1563711. C. All that portion of Lots 10 to 22 , inclusive, Block 20, and Lots to 4, inclusive, Block 361 of C. D. Hillman ' s Lake Washington Garden of Eden Division No. 5 and adjoining 2nd Class shorelandle, according to the Commissioner' s map approved and on file in King County Superior Court Cause No. • 156371, and described as follows: Beginning at the intersection of the southerly line of Lot 4, Block 361, said C. D. Hillman' s . . Lake Washington Garden of :den Division No. 5; with the westerly boundary line of the Northern Pacific Railway right of way; thence north 76°11' 06" west 42 . 65 feet; thence north 20°43' 26" west 622. 29 feet, more or less, to a point on the ' southerly boundary of Lot 9 , Block 3 6 0 ; thence north 83°25 ' 29" east 51.22 feet, more or less along the southerly boundary of Lot 9 to the, westerly boundary of the Northern Pacific Railway right of way; thence south 19°21'48" east along the westerly boundary of the Northern Pacific Railway right of way 636. 75 feet, more or less, to the point of beginning. a D. All that portion of Lots 5 to 25 , inclusive, :Block 361 of C. D. Hillman' s Lake Washington Garden of Eden Division No. 5 , and adjoining 2nd Class Shorelands according to the Commissioner ' s nap approved and on file in Yin ; County Superior �, Court Cause No. 156371, lyin7 within the following y-a- described boundaries: x Beginning at the intersection of the southerly line of Lot 24, Block 361 , said C. D. Hillman' s 0 Lake Washington Garden of Eden Division ::o. 5 , with the westerly boundary line of said forthern Pacific Railway right of way; thence south r''T 19°?1'48" east 55 feet along the westerly boundary of said right of way; thence south 70°38 ' 12" - `t west 15.78 feet; thence north 23°43 ' 26" west 839. 90 feet, more or less, to a point on the north boundary of said Lot 5 ; thence south 76°11'06" east along the nori:`_ boundary of • Lot 5 a distance of 42.55 feet, more or less, to the westerly boundary of the Northern . Pacific Railqay right of way; thence south 19°2; '48" east along the westerly boundary of the 'iort"ern Pacific Railway right of way :. 760. 42 feet, more or less , to the point of beginning. • • I 7;� it I "t , rh I. • ', I T.. • • i I C t C .® I I wl i,•n•. its 1).1111100 SNlii �• '. 7 I_3 o SQU09321 • :JOI I I kV L' ;;1V.cL61 • n • c r • STATE 9F WASHINGTON County of King a• I , The 1iire for of Records & Elections, King County, State of Waslt1ngloii, ean0 ehullteiu :Recorder of Deeds and other is rrn',t;-Tos, do hereby certify the foregoing copy has been compared with ii,st,ument as the same appears on file and of record in the offic:1 and two' ;re,.:=.•arse is a true and perfect transcript of said original find of the ut A G _ '11973. Witness nay hand and off• ial seal this __day Of , 19........, I ' D for of Recor & lactic J. 8Y Dep I , , 4 I (.' • _ K , x -0EEU" UF--R!GHT TO .4.1;E `tANO FOR PUBLIC RECREATION PUR POSES 1 The Gra tor, City of Renton, for and in consideration of monies coming in whole or in; pa- t from the Outdoor Recreation Account of the General Fund of the State of Wajshi gton and in fulfillment of terms of the Project Contract identified below, c.nveys and grants to the State of Washington individually and as the representative of all the people of the State, the right to use the real property described below forever for the outdoor recreation purposes described in the P oject Contract entered into between the Grantor and the State of Wash- ingtoai tlrough the Interagency Committee for Outdoor Recreation entitled Lake Uashingt n Beach Addition No. 3, Project Number IAC J0-016A, signed by the Grantor n the 3rd day of June, 1970, and by the Interagency Committee on the 25th day of March, 1970, and the application and supporting materials which are on file with the Grantor and the state in connection with the Project Contract. The Griantor will not make or permit to be made any use of the real property described in this deed, or any part of it, which is inconsistent with the • right to use for public outdoor recreation herein granted unless the state, through t e Interagency Committee for Outdoor Recreation or its successors, consenjts o the inconsistent use, which consent shall be granted only upon condition. which will ensure that other outdoor recreation land of at least equal fai market value at the time of change of use and of as nearly as feasible equivalent usefulness and location for the public recreation pur- poses for which state assistance was originally granted will be substituted in the1manner provided in RCW 43.99.100 for marine recreation land, whether or not :th real property covered by this deed is marine recreation land. RCII 43.99 100 reads as follows: Htarine recreation land with respect to which money has teen expended under RCW 43.99.100 shall not, without the pproval of the committee, he converted to uses other than hose for ►hich such expenditure was originally approved. le committee shall only approve any such conversion upon conditions which will assure the substitution of other - milarine recreation land of at least equal fair market value at the time of conversion and of as nearly equivalent use•- f.alness and location." Grantor has caused a copy of the application and the Project Contract (exe- cuted copy) to be placed in its official records as of August 7 , 1973 file #173C 8070456 and has also caused all related documents to be cross referenced thereto. i r' o. rr :�:1.. (,, tl ' '� ') • . I , • The real property covered by this deed is described as follows: PARCEL III A. Tract 5 of the Commissioner 's map approved by decree entered October 19, 1923 in King County Superior Court Cause No. 156371 , the metes and bounds description for said Tract 5 approved by said Decree being as follows: • A parcel of 2nd Class shorelands abutting upon government lot 2 in Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Commencing at a point situated upon the westerly boundary line of the Northern Pacific Railway "belt line" right of way, which point bears south 58°50'18" west 135.629 feet from the stone monument at the point of intersection of the government meander line with the north boundary line of said Lot 2; running thence south 58° 50'18" west 244.835 feet to the inner harbor line; thence south 40°35'00" east along the inner harbor line .118 feet to an angle point in said inner harbor line; thence south 19°45'00" east, continuing along the inner harbor line, 1215.467 feet; thence north 69°26'56" east 305.683 feet to the westerly boundary line of said right of way; thence north 19°21 '48" west along said boundary line 739.113 feet to the beginning point of a curve; thence to the left on the arc of a curve having a radius 1860.08 feet and the longchord of which arc bears north 27°28'58" west 527,097 feet to the point of beginning; together with that portion, if any, of said government lot 2, lying within the metes and bounds description for said tract 5. B. A parcel of 2nd Class shorelands ab+utting upon government lot 3 in Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington according to the Commissioner 's map filed in King County Superior Court Cause N9. 156371, which map and the several metes and bounds description , for said parcel were approved by decree entered October 19, 1923 in said Case No. 156371, the proper metes and bounds description of said parcel of 2nd Class shorelands, based on said court decree, being as follows: Beginning at_ a point on the westerly boundary line of the Northern Pacific Railway "Belt Line" right of way as located and established by said court decree, said point bearing south 69°26'56" • west 39.421 feet from the stone monument at the point of intersection of the government meander line with the north boundary line of said government Lot 3; thence south 69°26'56" west 305.683 feet to the inner harbor line; thence south 19°45'00" east along the inner harbor line 277.006 feet; thence north 80°25'29" east 308.236 feet to the westerly boundary line of said railway right of way; thence north 19°21 '48" west along said westerly boundary line 335.737 feet to the point of beginning; together with the uplands, if any, within the metes and bounds description last above set forth. The foregoing described land constituting a parcel of land sometimes described as Lots 1 to 9, inclusive, Block 360 of C. D. Hillmna's Lake Washington Garden of Eden Division No. 5, and the adjoining 2nd Class shorelands, according to the Commissioner 's map approved and filed in King County Superior Court Cause No. 156371 . C. All that portion of Lots 10 to 22, inclusive, Block 360, and Lots 1 to 4, inclusive, Block 361 of C. D. Hillman's Lake Washington .Garden of Eden Division No. 5 and adjoining 2nd Class shorelands, according to the Commissioner 's map approved and on file in Icing County Superior Court Cause No. 156371 , and described as follows: Beginning 'at the intersection of the southerly line of Lot 4, Block 361 , said C. D. Hillman's Lake Washington Garden of Eden Division No. 5, with the westerly boundary line of the Northern Pacific Railway right of way; thence north 76°11 '06" west 42.65 feet; thence north 20°43'26" west 622.29 feet, more or less, to a point on the southerly boundary of Lot 9, Block 360; thence north 80°25'29" east 51 .22 feet, •more or less, along the southerly boundary of Lot 9 to the westerly boundary of the Northern Pacific Railway right of way; thence south 19°21 '48" east along the westerly boundary of the Northern Pacific Railway right of way 636.75 feet, more or less, to the point of beginning. I . All that portion of Lots 5 to 26, inclusive Block 361 of C. .D. Hillman's Lake Washington Garden of 'Eden Division No. 5, and adjoining 2nd Class Shorelands according to the Commissioner 's map approved and on file in King County Superior Court Cause No. 156371, lying within the fo➢ lowing described boundaries: I ' Beginning at the intersection of the southerly line of Lot 24, Block 361, said C. D. Hi➢ lman's Lake Washington Garden of Eden Division No. 5, with the westerly boundary line of said Northern Pacific Railway right of way; thence south 19°21 '48" east 55 feet along the westerly boundary of said right of way; thence south 76°38'12" west 15.78 feet; thence north 20°43°26" west 839.00 feet, more or less, to a point on the north boundary of said Lot 5; thence south 76°11 '06" east along the north boundary of Lot 5 a distance of 42.65 feet, more or less, • to the westerly boundary of the Northern Pacific Railway right of way; thence south 19°21 '48" east along the'teeter l y boundary of the Northern Pacific Railway right of way 760.42 feet, more or less, to the point of beginning. • • , This deed shall in no way modify or extinguish the functions of the Grantor under the Project Contract, including ,the Grantor 's functions to operate and -maintain the land as set out in paragraph 14 of the Project Contract. Oatedi this day of R 19 • • • ATTEST: '�' /r /C STATE Iv IASHINGTON) SS. KING COUNTY ) THIS IS TO CERTIFY that on this day of - ' a l9� before ma the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared e; to me personally known to be the c �, of The - •.a i. : , ' ' that executed the foregoing deed an& ackno" lcdged to me that they signed and sealed the same as the free and voluntary act and deed of said tn. , '- n 1 and on oath stated that they were authorized .ti execute said instrument and' that the seal affixed is the seal of said ! ,,r , ; ;•,.� ,• . WITNESS my hand and official seal the, day and year in this certificate first above written. it n • 1AA• �' i tt • Notary Public in and for the State of Washington, residing at (�; ,' t • • I _ • • • 1 • 1 Ft,,I. _-r- 1.w1-rr75e.-..e.K j'•:,.a'i`tiH: . . • . • 'I f G . C M 1` } l•r ', C.:: J 11 ; l.! L ;i`I LL66 r .• ',.-i 1 c• • 'nry • • • • k11 %.? • • •. • • , • • STATE OF WASHINGTON / . County of King s8 The Director of Records & Elections, King County, Stnfo of Washington, atx,i' e.\uffi.;io Recorder of t)eecls and Olht'. in ,tru,i'rt"sir;, do hereby certify tii. furc. uing copy has been coir.pared with Ow chri+','i; :i luritrUlltunt rfd the se111F' uppea rs on file and of rcc:oi d in the, office,and 111.1 1. the h41110 IS tt trUu and perfect transcript of said original and of the whin.; Iiruruui. 7 AUG - 19/3 Witness my hand and off' ial seal thisellitAiNLONAMIC pp tY oL..:,•••••• , 19 4 _ a ector. of ,Rec rd & Elec ons • eputg 1I ,\' ,, . . 414 ' . .1 / A . ., .. . \l ,- 0'0 1-4,.' , • . .r. " J OFFICE OF TIlE CITY ATTORNEY • RENTON, WASHINGTON : . LJ d. ; 2 a o POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 O h . O '' .`; �� GERARD M. SHELLAPd, CITY ATTORNEY. �Q - JOHN M. PAIN, JR., ASSISTANT!CITY ATTORNEY • • . �'t eo E P-W4\ September 28 , 1973 (dip. ) • Scott acific Corporation Scott Pacific Terminal • Evere t , Washington Atten ion: Mr. Hodges. ' I Re: Acquisition of property ,by Cit of Renton Dear I r. Hodges : . This �s to confirm your previous. discussions and inquiries • • with '1r. Gene Coulon of the City's Park Department regarding • . the apovecaptioned matter. We understand that you are attempting to make some claim under Chapter RCW 6 . 26 (Relocation Assistance Act) that became effective on and ' afterlJuly 1, 1971. Before the City is in a position to • consilder any such request , would you please notify us in wx itSir.g under what part of the Act you' feel your Company would qualify. . We, ,e particularly anxious to learn what personal property that was lawfully located on the subjedt real estate will ' have to be removed by your Company as part of your operation and also indicate .the reasonable value thereof, at the time.., oi; • the 'acquisition" by the City. ' Under Subsection S of RCW 8.26 .020 , it w uld appear that your former operation would be considered a farm operation which is excepted from the term "business" . As soon as we receive the proper information from you, we certlainly shall be glad to give it due consideration. We also wish to acknowledge the return of the two compressors . ' thai the City had acquired in the condemnation action and whi 4h had been improperly removed by one of your employees. Thal k you for your prompt attention to this matter. • We remain Very truly yours , , - Gerard M. Shellan . . City Attorney - Glib:ds . ,� ,-.11nil I V r ( r F g •?> 7 - 0 1, 0'0101 r „ TEE ( ETV Ari"r 0 RN E I- 01 ENTO:•7,WASH I N GTO IN 8 POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5 8678 , GERAH.3r . SHELLAN, CITY ATTORNEY 7 7\ 0 .901104 PAIN, JA., ASSISTANT CITY ATTORNEY 4)42` 0 - LP 4..0 SE PI —2) July 30 , 1973 Bogle , Gates , Dobrin , Wakefield g Long • L Attorn ys at Law 14th Floor Norton Bldg . , 4 , Seattl , Washington 98104 Atte'nt on Mr. Peter D . Byrnes Re : City of Renton re Scott Pacific Condemnation Dear Str: This is to acknowledge receipt of your letter dated July 26 , 1973 , addressed to Mr . J . Robert Walker of our office regarding the ab ve captioned matter . As you have previously been advised, Mr . t_To n K. Pain was involved in . a freak accident on July 21 , 1973 , and 'ha been in a coma at the Valley General Hospital in Renton ever since . The medical staff at the Hospital is unable to make any ,prognosis at this time. We have heretofore , on behalf of the Citr, deposited with the cleiik Of the court' the principal sums of the three judgmentstin the i-,eSpective amounts of $825 ,000 . 00 , $9 ,899 .44 and $75 ,000 .00 , under date of July 26 , 1973 . • You 'have raised several issues as to matters of interest , etc . , and in Mr. Pain' s absence , we wish, to reply as follows : - a. Interest is, due on the principal judgment of $825 ,000 . 0 44/ 'at the rate of 6% as per R.C .W. 8 . 28 . 040 from the entry of the verdict to the filing of notice of appeal which latter date is August 18 , 1971 . b . One days ' interest is due 'on the judgment of $9 , 899 . 44 for reasonable expert witness fees which you have corn- , puted in the sum of $1 . 63 . We agree with the computation and will ask the City to pay same . You are asking for interest on the attorneys ' fees awarded of $75 , 000 . 00 in the sum of $7 ,792 .11 covering the period r •-• W ` _ Bogle . Gates , Dobrin , Wakefield Page -2 a Long , Attn: Mr . Peter D . Byrnes) July 30 1973 , I . from October 29 , 1971 to July 23 , 1973 . We reject your claim for interest on attorneys ' fees since we 're not aware of any statute that would afford a different treatment of interest on attorneys ' fees as distinguished from the judgment rendered for expert fees or the amount of the jury verdict . The original "judgment and jury verdict and award of attorneys ' fe-s and appraisal fees"was dated August 17 , 1971 . The judgment however provided that the amount of attorneys ' fees was to be determined and therefore had not been fixed as of the date of entry of judgment. The trial court did not enter judgment on the attorneys ' fees and the fixing of interest until October 29 , 1971 . In said judgment the court awarded interest at the rate of 8%. from the date of entry of the judgment . The part of , the trial court ' s order was not upheld by the appellate court . You have not furnished us with any authority , to indicate why interest on a judgment in favor of. appraisal fee should be treated differently from a judgment ,arising out of the same transaction , covering attorneys ' fees . We would therefore suggest that you: note this matter for hearing in the Superior Court and possibly we could agree on a date to dispose of this matter. d . At the same time that the matter of interest is submitted to the Superior Court for determination, we also suggest. that you raise the issue of attorneys ' fees on appeali'. We would like to have timely notice of such hearing and rust that will forward to us copies of your time sheiets , my itemized and complete , regarding the 201 . 5 hours that you wish to be compensated for at the rate of $50 per hour. y, the last paragraph on page 2 of�inall g your letter relates to additional interest commencing from July 23 , 1973 to date of payment . We believe that interest begins rom the date that the remittitur is filed with the uperior Court and therefore , in our opinion , that claim would not be applicable . Trusting to hear from you at an early date we remain Yours very truly, Gerard M . Shellan GMMS :mt � ' it • i Bogle , Gates , Dobrin, Wakefield Page -3 a Long , Attn: Mr . Peter D . Byrnes July 30 ,. 1973 P.S. We believe that the interest paid to you by Mr. Pain in the Dillingham case was incorrect and not in com- pliance with the statute . In other words there was I ..substantial overpayment and we have so advised our client and will let you know what action the City may want to take regarding such overpayment . 1 1 GMS cc: aXgrCoulon Gwen Marshall I - a 1 LAC` AA �, —t,� ,�' ._ I -'. I 1i • I Y. 1 tJ' ~ r " 1. .� 1 uu �, gad i.5= d 'Z (>Fri l'E 0 rifl. ('f'I'' ' _iu"ro•RNE a ktEx-roN.WAsa"!N'(J'rO\ �,,Ul _ L-:,Jtili,* s ^ t:3yv POST OFFICE BOX 626. 100 2N0 STREET BuILOING" RENTON. WASFt1NGTON 98055 ALP1I E 5-8678 - c . y ® L GERARD M. SHELLAN, CITY ATTORNEY li • ZSA^ `� JOHN-K. PAHPO, JR., ASSISTANT CITY ATTORNEY' 'Rr =4P�T -O • July 26 , 1973 • f , L- onorable Avery Garrett, Mayor and Members of the City Council Municipal Building • enton, Washington • \.) ''' . Re: City of Renton - Scott Pacific properties - King County #735570 Gentlemen: Lare handing you herewith an opinion by the court of . *peals which we received yesterday which affirms , except I . for one issue , -the decision of the trial court in the abovecaptioned case. However , the Appellate Court changed 4 ' the decision of the trial court regarding rate of interest tat is due the property owner. It was the owner's position that he was entitled to interest at the rate of 8% from' the d to of jury verdict up to the decision by the Appeals court , . which amount would have been very substantial and amounting to app. $150 ,000 . The •City had taken the position that the 'general statute on charges and interest was not applicable but that a special State law regarding condemnation cases i was controlling. The Appeals court agreed with that and 1i t t-hr .Ci1,_eresi_ ilreeJ.o re would not a Ply until after the appeal. \.1 , i 1 As you are aware , Mr. Pain had handled this matter exclusiv lly } bu , if we can answer any questions we shall be glad to. do s9. We emain l Very truly yours , • I Gerard M. Shellan I1 • • GAS .ds Enc1 i • 1 I E, . I I • I • 1 . . • • • 1 A6 A CODE 206 DIYISION 1 ►A0It16 6UIL0IN• .. :. the Court ofhal:Etats tlye $fife of osiiincgtou J gp (o seeaa July 23, .1973. /Shellanl &. Pain Bogle, Gates , Dobrin, Mr. Joh K. Pain, Jr. - - Wakefield & Long Attorneys at Law Mr. Peter D. Byrnes 100 South Second Street- Mr. Ronald T. Schaps Buildin• Mr.. Jay H. Zulauf Renton, ' W-shington 98055 Attorneys at Law 14th Floor, Norton Building Seattle, Washington = 98104 Gentlemen: Re: No. 1629-42152-I, '.In the Matter of the Petition of the City of Renton King County Cause No. 735570 he opinion filed by the court in the above-referenced c=se today, sta es in part as follows : "The judgment of the trial court is affirmedin all aspects save that portion which directed that interestother . than . percent be paid by the City of Renton. The condemnee has filed a motion and brief request- ing t e award of reasonable- attorneys ' fees for this appeal. RCf+►1 8 25.070 authorizes the awarding of such fees to the cori- demne- in these circumstances. State v. Kodama, 4 Wn... App. - 676,, , 83 .P. 2d 857 (1971) . The motion is granted and thecause - renan6 ed to. the trial court for the. fixing of reasonable attorneys ' fees on appeal. " n accordance with CAROA 55, adopted July. 2 , 1969 , claim for0 costs by, t e prevailing party must be supported by a cost bill filed within ten days after the filing of this opinion, or claim for costs will be .'de-med to have been waived. Very truly yours , Richard D. Tay Clerk RDT/bes Enclosure I . _ .. , _ E-'-'1__, • '1 rg IN CLERKS OFFICE COURT OF APPEALS STATE OF WASHINGTON-DIVISION I IN THE COURT OF APPEALS OF THE STA E OF WASHINGTON In the atter of the Petition ) of the pity of Renton, a ) • Municip l Corporation of the ) State of Washington, to acquire ) by condmnation certain land ) No. 1629-42152-I and property within the City ) of Renton, King County, ) Washing-on, in connection with ) Division One, Panel Two the acq� isition of such ) property for park, playground ) _ and marine recreational and ) like purposes as contemplated ) by City of Renton Ordinance ) No. 2509; THE CITY OF RENTON, ) ) Appellant, ) - v. ) ) • SCOTT P CIFIC TERMINAL, INC. , ) and PACIFIC TOW BOAT COMPANY, ) Respondents. ) FILED JUL 2 3 1973 CALLOW, J. -- The City of Renton commenced eminent domain proc6ed.ings to acquire 11..8 acres of waterfront property of the condemnee for a park. The property was in use by the owner as ailo dump and was improved with fixtures necessary for handling the logs. Renton appeals from the judgment based .on the jury award of $825,000 to the defendant property owners . 1 The questions. raised by the appellant concern the scope of cross-examination of opposing expert real estate appraisers; the admissibility of testimony concerning the volume of business • 1. 1 ' No. 162 : -42152 conduct d on the real property, together with its improvements , and the use of such testimony as a gauge to fair market value ' of the provements; and whether an instruction given directed the 3,ur improperly to consider lost profits as an element of • damages to the condemnee. Further, the condemnor raises questio s as to whether evidence of the business conducted on the pro!perty may be admitted and, if so, to what extent; whether the rep acement cost ,of improvements is admissible as evidence • of thei value on behalf of a condemnee and, if so, to what - purpose such evidence could, be used; whether a condemnee' s apprast.r can testify concerning a comparable sale of property unknown to him until the condemnor' s appraisers testified to it; and whether a temporary economic decline in the area or the difficu ty in obtaining governmental permits for land use are app'opriate as evidence concerning value. . In addition, questlio ,s were raised concerning the attorneys' fees, expert witness fees, and the interest awarded. • k real estate appraiser testifying as an expert witness on behaif of an opposing party may be cross-examined as to prior, ampraisals made by such witness of the same, adjacent or similar properties. !Chicago, Milwaukee & Puget. Sound Ry. v. ! True,' 6- Wash. 646, 114 P. 515 (1911) . It is within the discre ion of the .rial judge as to whether such prior appraisals were sol remote in time or place as to be irrelevant to test the competency, credibility, knowledge, memory or accuracy of the witness. . . State" v Elder, 70 Wn.2d 414, 423 P.2d 533 (1967) ; Winslow v. Mell,' 4: Wn. 2d 581, 2195 P.2d 319 (1956) ; Bussard V. Firem.an' s Fund In•em. Co. , 44 Wn.2d 417, 267 P.2d 1062 (1954) ; King County 2. No. 16 9-42152-:. • • v.• Jo_ .e, 96 Wash. • 520, 165 P. 399 (1917) . • See 'also F.. Wellman, The Ar of Cross-Examination, ch. 5 (4th ed. 1936) .. Cross- examin tion of the expert real estate appraisers was conducted within peLluissible limits and the bounds of the discretion of the trial court. The cross-examination as to previous appraisals made by the opposing appraisers was restricted to testing the' . . • validit of their assessment of the fair market value of the subject property at the time of trial. The jury was instructed: . As the respondent's entire property is being . I cquired, just compensation is the fair market value . of the property measured as of the day of trial . The content: of the testimony brought out on cross-examination was restricted to its proper use. . he admission of testimony on behalf of the condemnee of the volume of business conducted on the -property was challenged as was hether the condemnee' s appraisers could base their opinion of the value of the improvements on the land on the • income produced by the business use of those improvements. • • . • The character and volume of business conducted on the property which is subject to condemnation is admissible for the purpose of showing a use for which the land is available. • 4 P.• Nichols,' Eminent Domain § 12 .3121 (1) (rev. 3d ed. J. . . • Sackman 1971) ; Chicago,' Milwaukee' .&..Puget Soundly.' v. True, . . .. ... ....... supra 11PI151. 05, 6 Wash. . Prac. _370 (1967) . In Chicago, Milwaukee- &' Puget Sound Ry. v. True, the court approved the admisIsibn of testimony concerning the area through -which the • . landowner' s business extended where. the jury was instructed that such evidence was only to be considered for the purpose of showing �- g the use. to which the property was adopted. I.t is argued that 3 -. - 1 No. 162• -4.2152-I/4 • • • • • there' w. s no issue as to the use to which the property could be putt; and, therefore, the introduction of testimony of this subject should have been excluded. . We find 'no error in the utilization to which this testimony was directed by the instructions given. The court informed the jury: • • However, evidence, if any, that a business is now , operated on the property is admissible solely as proof ; f one of , the uses to which it. could_ be put. • M r o eover, the condemnee was entitled to show that the use of the piro erty as a log dump was an available interim. use which, . while nit the highest and best use to which the property could be put, was a use which enhanced its value . See 4 P. Nichols, - • • 1' - Eminent Domain § 12 .2 (3) (rev. 3d ed. J. Sackman 1971) . • • • Further, the condemnee 's appraisers could base their • • opinion of the value of the improvements on the land on the • income roduced by the business use of those improvements. Such use was an element available as a guide to the appraisers • in arriving at the value of the land. As said in Seattle & Montana R.R. v. Roeder, 30 Wash. 244, 263 , 70 P. 498, 94 Am. • St. 4. 64 (1902) : f a piece of land taken contains valuable improvements, -hose improvements apart from the lands may not be con- pidered; yet certainly the character, nature, and extent of. the improvements, and the revenue derived therefrom, • are as essential to be considered in arriving at the value of the land as the land itself or the uses to which • it may be put. • he .court' s instruction No. 7 read: • The amount of an award in condemnation proceedings ' s limited to the fair market value of real property and ' fixtures attached. In no case can damages be allowed • for the loss of profits of a business maintained on the • property or damage to personal property. This is true even though the business cannot be moved 'elsewhere. However, evidence, if any, that a business is now • operated on the property is admissible solely as proof •f one of the uses to which it could be put. • • 4 . . , No. 1629-42152-I, _ . . • The objection made is that this instruction wrongfully I combine- the concept of limiting damages to the value of the propert and its fixtures and that damages should not be allowed - for los .profits . Objection is also made that the instruction did not direct the jury to disregard the volume of business as .a measure of value. We disagree holding that the instruction prope'rly stated the law. See Puget Sound Power & Light Co. v. Puyal'lu , 51 F.2d 688. (9th Cir. 1931) . . The profits of a business conducted upon the land taken . may not be shown to deteintine the compensation which the owner shouldd ,receive . Chicago, Milwaukee & Puget Sound Ry. v. True, supra,; Tacoma v. Nisqually Power Co . , 57 Wash. 420, 107 P. 199 (1910) ; 4 P. Nichols, Eminent Domain § 12 .3121 (1) (rev. 3d ed. J. Sacknan' 1971) ; 5 P. Nichols, Eminent Domain § 19 .3 (1) (rev. 1 3d ed. J. Sackman 1969) ; 29A C .J.S . Eminent Domain § 162 (1965) ;, A. Jahr, Eminent Domain § 150 (1953 ) ; Annot. , 7 A.L.R. 163 (1920) . Courts 'ave so held since the amount of profits gained from a busines depends upon the fortune, skill and good management with which the business is conducted. These elements furnish no .ba'sis for determining the value of the property but rather are indicative of the competence of the owner. 4 P. Nichols, Eminent Domain § 12 .3121 (1) (rev. . 3d ed. J. Sackman 1971) ; 5 P. Nichols, Eminent Domain § 19 .3 (1) (rev. 3d ed. J. Sackman 1969) ; A. Jahr, Eminent Domain § 150 (1953) . See also Los Angeles v. 1 Deacon, 119 Cal . App. 491, 7 P.2d 378 (1932) . . . . The three sentences in the instruction each correctly state the law. When compared with WPI 151 .05 , it can be seen . that thJ instruction given is merely a paraphrase of the law therein set forth. The instruction properly guided the jury. . 5 . . No.-..1629-42152-I IG A challenge asmade to the failure of the court to give the con emnor` s proposed supplemental instruction No. 2 . No exception was takea to the failure to give this instruction, and we may of consider the claimed error upon review. CR 51 (f) ; Stuart .' Consolidated Foods' Corp. , 6 Wn. App, 841, 496 P.2d 527 (1972) . The replacement costs of 'improvements may be introduced 'into evidence whether or not there is market data upon which to bas an opinion as to the value of the property. In State v. Wilson, 6 Wn. App. 443, 450, 493 P.2d 1252 (1972) , the court said concerning proof of replacement costs: We adopt the majority rule that evidence of cost ' of reproduction of structures less depreciation may be introduced whenever the structures are well adapted to the land upon which they stand. The proper measure of just compensation is the value of the land with the buildings upon it, and the owner therefore receives nothing for the buildings unless they increase the market value of the land. The reproduction cost of the structure on another comparable parcel of realty is not the sole measure of compensation but it is a factor to be considered in determining fair market value of the property as a whole. . ' When the cost of reproduction (or the original cost) is considered as an element in determining market value, a proper deduction must be made for depreciation. Depreciation is not limited to 'physical wear and tear but it includes economic and functional obsolescence . 4 J. Sackman, Nichols on Eminent Domain § 12.313 (rev. 3d ed. ' 1969) ; 5 J. Sackman, Nichols on Eminent Domain § 20 .2 [1] (rev. 3d ed. 1969) ; 2 L. Orgel, Valuation Under Eminent Domain § 190 (1953) 'see State v. Red Wing Laundry & Dry Cleaning' 'Co. ,' 's'upra. [253 Minn. 570 , 93 N.W.2d 206 (1968) ] .. See also Pierce County v King, _48 Wn. 2d .43, 290 P .2d 462 (1955) ;' Sedro'-Woolley v. Willard, ."71 Wash.. 646 , 129 P. 372 (1913) . . The evidence of replacement costs was properly admitted. Furthe , the instruction proposed by the condemnor concerning re :m plac ent costs, while a proper statement of the law, was I 6. • No. 162 ':-42152-I/7 • unneces ary since the instructions given did limit the con- siderat on of this evidence to its effect upon the award to be made as the fair market value of the real property and fixtures attache . . he appraiser of the property owner may testify upon direct xamination concerning a comparable sale although the sale wa not considered by him in his evaluation. The condemnor objects to this appraiser testifying concerning an alleged comparable sale which took place June 15, 1971. An expert 1 witness may testify as to supposed comparable sales in order to show why he rejects a particular sale as being unhelpful in establishing the value of the subject land and a sale which could ,be discarded insofar as establishing value'. He may do this in contradiction of the expert appraisers of the opposing condemn° in order that the jury may decide whether there is a sound ;ba is for the opinions given by either appraiser. The admission of such testimony is within the discretion of the trial 'judge. As stated in State v. Wineberg, 74 Wn.2d 372 , 383, 444 P.2d 787 (1968) : These two decisions taken together provide the ; following rules: (1) an expert witness will not be allowed to testify to a valuation opinion which is not tAe product of his independent judgment, but is merely ' another person' s hearsay opinion which the witness has • a cepted as his own but (2) an expert witness may, in the ' tmLial court' s discretion, be allowed to testify to a vluation opinion even though some of the factors. con- sideredi by the expert in reaching his opinion would be hearsay and inadmissible as independent evidence. We now hdld that, when an expert is allowed to testify to a valuation opinion which is in part- based on facts which would normally be hearsay and inadmissible as independent , evidence, the trial court may in its discretion allow the e pert to state such facts for the purpose of showing the b sis of the opinion. The exclusion of such evidence, h wever, must be based on a sound exercise of discretion and not on an erroneous application of the hearsay and. b st evidence rules . See, United States v.' 5139. 5' Acres lot Land, supra [200 F.2d 659, 661 (4th Cir. 1952) ] ; United Stlates v. Katz, 213 F.2d 799 (1st Cir. 1954) . 7 . • '=: ~ - No. 1629-42152-I ._ The testimony was properly admitted. he court instructed the jury as follows: . If you find from the evidence that there is a resent temporary decline in property values, you may • consider what effect it would have on the well informed Geller who desires to sell but not under any compulsion to sell immediately in fixing the price he . Mould accept as of now. f ' It is contended that the instruction was erroneous in that it all_o ed the jury to deviate from the. rule that current fair market alue is the measure for valuation of property to be taken, allowed the jury to establish value as of some date other than th date of trial and failed to delineate standards for determi , ing whether a temporary decline in property values • existed Alishausky v. McDonald, 117 Conn. 138, 167 A. 96 (1933) nd Forest Preserve Dist. of Cook County v. Eckhoff, 1 • 372 Ill. 391, 24 N.E .2d 52 (1939) , are cited as .contrary to the instruction. In those cases, however, the court correctly - • refused to direct the jury to value the property as of a date other t an the date of the taking. The instruction quoted above c early directs valuation as of the date of. trial. ' • The city contends that instruction No. 6 which read: Contention is made that market value is lessened by concern of prospective purchasers as to difficulty in obtaining permits from the state or U . S. Government for placing improvements on waterfront property. You should ' consider this only if you find from the evidence that such foncern exists and affects the market value. Such a inding, as on all your findings, must not be based on peculation alone . • should of have been given since it should have included a I . discuss on of the rule that ownership of lands beneath navigable . waters does not give the owner the right to use such navigable • waters. The condemnor did state specifically that no objection • - 8 . . I No. 169-42152-I/^ • • • , was made to the principal enunciated in the instruction, however. • - Exceptio s to an instruction -cannot. be raised for the first • . time on ppeal. O 'Brien v. Artz, 74 Wn.2d . 558 , 445 P.2d 632 • (1968) ;. , The condemnor urges that instruction No. 6 did not cover • properly the law concerning shorelines and property under . navigablT waters as it affects fair market value. The • instruction given by the court is in line with the Laws of 1971, • 1st Ex. Sess. , ch. 286, p. 1496, RCW 90 .58 , known as the . Shoreline Management Act of 1971.. Under that act, a system requiring local government gjuidelines and programming for - improviem nt of shorelines wirthin their boundaries was contemplated. The priv to use of shorelands by .their owners is subject to the policies of the act and the master programs, guidelines and regulations promulgated thereunder. The effective provisions of the act require a landowner to secure a permit from the local governmental authority before developing a shoreline in the • • state. The condemnor did propose an instruction concerning the _ use of l nd beneath navigable waters citing Wilbour v. Gallagher, . I 77 Wno2d 306,' 462 P.2d 232 , 40 A.L.R.3d 760 (1969) . The : . instruction generally would have informed the jury that the ownershi, of - land beneath navigable waters is a limited ownership subject to the public right to navigate . upon those waters, ' which , • navigation rights can only be curtailed by use permits• from a governme tal authority to the landowner. See Harris v. Hylebos Indus . , Inc. , 81 Wn.2d 770, 1505 P.2d 457 (1973 ) . The . instruction given succinctly set forth the' impact of the act • 9 . � . . I . No. . 1629-42152-I and the Wilbour decision upon the fair market value of shorelin real property. It allowed the city to argue its theory that a permit could be required to develop the shorelan3 and its theory that a permit could be required before the owner could impede navigation, both situations • - having a possible effect on fair market value and within v the scope of the instruction on the subject. The objection made to instruction No . 6 as given . by the court was to the last sentence thereof. ,. That se tence is misleading in that by forbidding specula ion "alone" it implies that speculation to some extent may be permissible in determining the fair market value of property. Such is not the law; however, the objection to the instruction did not specifically point, out this flaw and wa.s insufficient to bring it to the ttention of the trial court. State v. McDonald, 74 Wn.2d 141, 443 P.2d 651 (1968) . In the same area, the court' s failure to give the condemnor's proposed instruction No. 11 (WPI 150 .11) is challenged. The instructions given by the court sufficiently informed the jury of their duty to reach a result based._ upon evidence rather than 'conjecture. The instruction proposed is a correct statement of the law and would have emphasized to the jury what should be considered in fixing the amount of , 10 . ----------- - _..----.---;. N o 16 2 9 4 215 2 -: 1 compensation. However, the jury was not misled by the instructions when they are read as a whole, and they were guided correctly as to the elements that could be weig ed in assessing compensation. Seattle & Montana R.R. v. Roeder, 30 Wash. 244, 255, 70 P. 498 , • • 94 Am: t. R. 864 (1902) ,. said: Appellant requested the court to give the • allowing instruction: . "In .assessing the damages, to the market value f the property not taken, you should not take into onsideration anything as an element of damages which is remote, ' or imaginary, or uncertain, or .. s�.peculative, even ,though mentioned or testified , about by witnesses; but the only elements which you should taken into consideration as tending • . o reduce the market value are those which are ppreciable and substantial, and which will actually • lessen the market value of the property taken. " • The first part of this instruction down to he word "witnesses" was given by the court in sub ' tantially the language requested, but instead of he remaining portion the court said: - "In estimating the damages to the remainder f the property, or that portion of the property described in the petition- that is not taken, you should consider the effect, if any, upon the • property by the construction of the road, and should , award to the respondents such a sum- as the vidence in. this case convinces you, together ith your view of the premises, the market value • . . .. las depreciated by reason of the construction of - the road in the manner as proposed . " • And then the court proceeded to correctly state . what elements of damage the jury may consider . The latter part of the instruction requested ' • • ecessarily followed as a conclusion from what *as said in the former part; and, where the . ourt subsequently correctly told the jury what . • :lements of damage they might consider in sletermining the damages to the property not taken, there was a sufficient compliance with the . fequest. For that reason it was not error to refuse the requested instruction. • • . • . 11. - . I . ' No. 1629-, 2152-I/ Pursuant to RCW 8 .25 .070, attorneys ' fees of $75 ,000 were awarded t respondents by the trial court. It is contended that the, court was limited to awarding attorneys ' fees as provided for1in 'the amendment to RCW 8 .25. 070 , which provided for attorneys ' fees base solely on minimum bar fee schedules for trial and hourly ra es . Senate Bill No. 363, Laws of 1971, 1st Ex. Sess. , ch. 39, p. 410 . ' The following chronology is helpful in considering this issue: i1. August 3, 1971. Respondents qualified for an award of attorneys ' fees when 'the jury returned a verdict which exceeded by 10 percent the appellant's written offer given 30 days prior to commer_cement of the trial. RCW 8 .25 . 070 (2) . We note in passing hat this offer was withdrawn prior to trial so that the landowner was entitled to attorneys ' fees on two bases under the statute, ' 2 . August 6, 1971. Respondents filed a motion for an award of attorneys ' fees. , 3 August 7, 1971. Senate Bill No. 363 , the limiting proviso o RCW 8. 25. 070 became law. 4 . August 17, 1971. The hearing on attorneys ' fees was held. The amendment to the statute was not in effect when the action w s initiated during the trial, nor when respondents ' counsel became entitled to an award of attorneys ' fees. The date the fee was earned, to wit, the date the jury returned its verdict, rather than the date upon which the hearing upon fees was hel. , is deteLluinative. The amendment to RCW 8 .25 .070 1 12 . 1 No. 1629-42152-1, _3 contained in Senate Bill No. 363 (Laws of 1971, 1st Ex. Sess . , ch. 39) was a substantive change in the law and should not be given ;retroactive effect. In* re Seattle, 79 Wn.2d. 490 , 494 , 487 P.2d 777 (1971) . The condemning authority also objected to the award of expert witness fees as permitted under RCW 8 .25 .070 (3) . The venerable trial judge expressed his dismay at the size of present day expert witness fees requested. Nonetheless, it was within his discretion to award the fees that he did, and we find no abuse in his decision. 'he final challenge of the condemning authority is to the dir ction to the payment of interest on judgment sums as follows , (a) Interest on the jury verdict, from the date of the verdict to the date of the judgment on the verdict at the rate of six percent (6%) per annum. • (b) Interest on the judgment on the verdict and on the expert witness fees from the date of entry of • the judgment on the verdict at the rate of eight percent (8%) per annum, and on the attorney 's fee at the rate of eight percent (8%) per annum from the date of entry of the Order and Judgment fixing that fee. 'CW 8 .28 . 040 enacted in 1943 reads : Whenever in any e ink Went domain proceeding, heretofore or hereafter instituted fo _aking or damaging of private property, a verdict shall have been returned by the jury, or by the court if the case be tried without a jury, fixing the amount to be paid as compensation for he property so to be taken or damaged, such verdict shall bear interest at the rate of six percent per annum , rom the date of its entry to the date of payment thereof: rovided, That the running of such interest shall be suspended, and such interest shall not accrue, for any . eriod of time during which the entry of final judgment in such proceeding shall have been delayed solely by the pendency of an appeal taken in such proceeding. • ( In 1969, RCW 4.56 .110 (2) , a general statute on judgments, 1 was enacted which reads: • 13 . ' ' No . .1629 42152-I t 1 . • • (2) Except as provided_ under subsection . (1) of this siction, judgments shall bear interest at the rate of eight percent per annum from the date of entry thereof: Provided, That in any case where a court is directed on review to e ter judgment on a verdict or in any case where a _judgment e tered' on a verdict is wholly or partly affirmed on • - r view, interest on the judgment =or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered: Provided . hpwever, That in any case where notice of . appeal or petition fbr writ of review is filed prior to June 12, 1969 , interest shall accrue from the date of entry of judgment and shall - npt date back to the date the verdict was rendered. The trial court concluded that the general statute' was ontrolling and held that respondents were entitled to 8 percent 1 interest on the judgment. We disagree, • state or its subdivisions are not liable for interest except here it has expressly, or by a reasonable construction of a contract or. statute, placed itself -in a position of liability. Bond v. State, 70 Wn.2d 746, 425 P.2d 10 (1967) ; Pape v. Armstrong, • 47 Wn;.2d 480 , 287 P.2d 1018 (1955) . ' See also Annot. , 24 A.L.R.2d 928 (1952) . . The statute which expressly and specifically subjects a -gover ,mental authority with the power of eminent domain to liability for interest -is RCW . 04). Nothing in RCW 4.56 .110 would indicate the state is subject to •its provisions. it is contended that the enactment of RCW 4.56.110 repeale the earlier provisions of RCW 8 .28 .040 . . Repeals by implicaaion are not favored. State ex' rel. Wenatchee . Heights • Reclamation Dist.' v.' Banker, 179 Wash. 343, _37 P.2d 1115 (1934) ; State ex rel. Johnson v.' Clausen, ,51 Wash.- 548, .99 P. 743 (1909) . • This 'is especially true Where 'the issue concerns the- alleged • • repeal of a. special or specific provision by the enactment of a more general provision. Unless the two acts are so clearly 14 . 1 ' 1Vo. :1bLy-4L1b2-1/15 inconsi tent they cannot both be given effect, or there is a clear 1 gislative intent that the later general provision shall have universal application a general statute will not be held to have repealed a specific statute by implication. Herrett Trucking Co. v. Washington Public Serv. Comm'n, 58 Wn.2d 542 , 364 P.2 505 (1961) ; Abel v. Diking & Drainage Improvement Dist. No. 4, 19 Wn.2d 356, 142 P.2d 1017 -(1943 ) ; lA J. Sutherland, Statuto y Construction § 23 .15. (4th ed. C. Sands, 1972) . Special acts 'are not presumed to be repealed by general acts. State ex rel. Wenatchee Heights Reclamation Dist. v. Banker, supra . 1 The judgment of the 'triàl. cdüift is affirmed in all aspects Isaethat portion which directed that interest other than 6 percent be paid by the City of Renton. The condemnee has filed a motion and brief requesting the aw rd. of reasonable attorneys ' fees for this appeal . RCW 8 . 250070 authorizes the awarding of such fees to the condemnee . in the e circumstances. . State v. Kodama, 4 Wn. App. 676, 483 P.2d' 857 (1971) . The motion is granted and the cause remanded to the trial court for the fixing of reasonable attorneys ' fees . on' app al . 4.14&471.1.77; 1 , CALLOW, J. ) * • WE CONCUR: A/ v• J. 15. . `'vim qq,' 1 i ,) ��C \/V5L0 INTER-OFFICE MEMO . • TO: Gwen DATE September 10 , 1973 FROM: • Gerard M. Shellan RE: City of Renton - Scott Pacific et al Dear Gwen : • We are handing you herewith an itemized time record for the legal serv� • from the commencement of the Appeal in this matter up to September 4 , 1ic c covering a period of approximately two years . The total itemized record shows ,-91 .4 hours , o rd If there is any question regarding this matter or if the Cit • . further temization thereof , please let ? e know. Y needs any We would appreciate it if you would process this claim at an earl da and fo;rw. rd your remittance to our office . Y to We remain - GiIS';mt • Gera d. M. Shellan /^ . • TIME RECORD SCOTT-PACIFIC TERMINAL , INC . - CITY OF .RENTON (APPEAL) Date , Work Performed time (hours) 6/9/71! Discussion findings with Tom S . (JRW) . 1 8/4/711 Check statute a ct . rules re motion for new trial (JRW) . 2 2/26/712 Review of Statement of Facts and Briefs 2 . 2/29/72 Preparation of Brief 3 . 2 2/ 29/72 Conf. w/JKP ; Call def . atty. re brief (JRW) 3/2/72 Preparation of Brief 2 . 0 3/1/72j Ltr. to Sup. Ct . re extension ( •RW) • �I 3/3/72 Preparation for Appeal ] 1 . 5 3/3/721 Conf. with JKP re appeal (JRW) . 5 3/4/72 Preparation for Appeal •5 . 5 3/5/72 Preparation for Appeal 2 . 5 I 3/6/721 Preparation for Appeal 7 . 0 3/6/72 Preparation for Appeal (J . Robert Walker) 5 . 0 3/6/721 Briefing (JRW) 2 .I�0 3/7/72 Preparation for Appeal 5 . 3 3/ 8/72� Prepaation for Appeal 8 . 0 3/11/7I2 Preparation for Appeal 2 . 0 3/15/7i2 Review of Brief as ; printed and correspondence to Gene Coulon . 5 3`/16/72 Briefing (JRW) 2 . 5 3/9/721. • Preparation for Appeal 1. 2 3/24/12 Correspondence to Gene Coulon . 1 4/24/712 Partial review and analysis of Respondent ' s Brief I 12/ 8/72 . ' Telephone conversation with Peter Brynes . i re hearing dates .1 1/20/7!3 Preparation for Appellate Hearing .2 . 7 . 1/22/713 Preparation for hearing 4 . 0 1/23/713 Appeal hearing (one day in Court) 1 day i 7/25/' 3 Telephone discussion with Gene Coulon , Mayor' s office and checking Opinion . 1 issued by Court of, Appeals 1 . 0 7126/13 Preparation of Certificate paying funds , into registry of the Court , telephone discussions with Gene Coulon . consultations , • • • I I Date Work Performed time (hour 1 July 2I9 , 1973 Checking statute re award of attorney 's fees , interest, checking cases (GMS) 1. 0 • July 310 , 1973 Preparation of letter to Bogle , Gates , et al , re City ' s position on interest and attorneys ' fees (GMS) . 8 July 30 , 1973 Telephone calls to Peter Brynes (JWR) . 2 July 30 , 1973 Letter to Gene Coulon , Park Department and discussions with Park Department (GMS) . 5 August 1 , 1973 Research law on atty. fees , interest . 4 Call to court re interest (JRW) • .1 August 4 8 5 , Checking over files , authorities , briefing , 1973 re issue of interest on judgment and attorneys ' fees 1. 5 Preparation of Deed restriction as required by HUD re Scott Pacific Judgment . 2 August 9 . 1973 Discussion with ' City officials and letter to Clerk of Court re payment of respondent ' s . cost bill . 5 August 9 , 1973 Letter to Respondent ' s attorneys : 3 Augusta 8 , 1973 Letter to Gene Coulon re Deed restrictions . 2 August! 1. , 1973 Receipt of letter from and reply to Respondents ' attorneys re interest , stipulation, etc . . 6 • August 17 , 1973 Telephone conversation with Respondents ' attorney .1 Augustl11-- and Preparation of= City ' s Memorandum re at�.torneys ' 15 , 1973 fees and interest , including briefing , checking files ; etc. 2 . 5 • AugustI.20 , 1973 Reading over respondent ' s motions , affidavits proposed order 5 memorandum -of authorities 1 . 2 August 21 , 1973 Preparation of Motion, Affidavit , etc . , additions to 'Brief ; filed documents with Judge and Court 2 . 2 Augusta 21 to 27 , 1973 Miscellaneous telephone conversations with + c,. + 0 • • • August 27 , 1973 Argument in Court re Respondents ' Motion (1/2 day) for attorneys ' fees , interest , etc . (GMS) 4 .10 August 2V , 1973 Letter to City Council re outcome of , hearing . (GMS) . 3 • August 28 , 1973 Letter to attorneys for property owner re including City warrant for final payment (GMS) . 2 September 4 ,1973 Memo to Gene Coulon (GMS) . 3 Total hrs : 91. 4 hrs . • 91. 4 hrs . @ $35 . 00 per hr = $3 ,1:99 .00 COSTS : Office of Records a Elections : 20 .00 Recording Judgment a two cert . copies of same : 9 . 00 Balance Due : $3 ,22 a ..Q0 • • • • INTEROFFICE MEMO TO: GENE C ULON, Park Director DATE: September 4, 1973 I r FROM: Gerard M. Shellan, City Attorney SUBJECT: City of Renton - Scott Pacific Condemnation Dear Ger_e: • Enclose) you will find copy of a letter that we have just receivec from the attorneys for Scott Pacific. The Judgment has now been satisfied in full and if you need a certification thereof, please contact either Mrs . Dallas or the Courthouse directly. so I am not/sure that we are responsible for apportionment of the reap estate taxes. for 1973 and they will have to prove that toust Undoubtedly we have a different matter involving the rel cation benefits and you and I can discuss this matter later, on. We remain Gerar . Shells GMS :n;d Encl. (letter) • • AW OFFICES • 1 I BOGLE,GATES, I OBRIN,WAKEFIELD &LONG • GABLE ADDRESS . "BOGLE SEKITTLE" EDWARD G.DOBRIN GERHARDT MORRISON ROBERT D.KAPLAN PJ STANLEY B.LONG JOHN T.PIPER DALE B.RAMERMAN ROBERT W.ORKMAM THOMAS J.MOKEY STEVEN H.POND 1QO6) 68$'6I51 CHA RLES F.OS BORN EDWARD O.LOWRY,III EDWARD M.ARCHIBALD THOMAS L.MORROW JOHN P.SULLIVAN JAY H.ZULAUF ORLO B.KELL000 i DUSTIN C.MCCREARY BETTINA B.PLEVAN • TELEX:02-8 87 MAX KAMINOFF I RONALO T.SCHAPS STEVAN O.PHILLIPS ROBERT V.HOLLAND MIKE LILES,JR. RICHARD M.CLINTON • J.TYLER HULL I WILLIAM L.PARKER MICHAEL S.COURTNAGE . ARTHUR G.GRUNKE DAN P.HUNGATE JAMES C.FALCONER RONALD E.MAFINSTRY JOHN C.COUOHENOUR J.CARL MUNDT EDWARD C.BIELE I PHILIP K.SWEIOERT KARL J.EOE RICHARD S.SPRAGUE ' PETER M.ANDERSON ROBERT S.JAFFC 14T* FLOOR NORTON BUILDING • IRWIN L.TREIGER J.CLIFTON FLEMING,JR. DON J.VOOT PAUL W.STEERE H.GRAHAM OAISER MICHAEL W.DUNDY ROBERT A.STEWART I K.DAVID LINDNER J.MICHAEL EMERSON SEATTLE DONALD L.JOHNSON DELBERT D.MILLER CHARLES R.BLUMENFELO DON PAUL BADOLEY DAVID M.SALENTINC • PETER O.BYRNCS THOMAS C.O'HARC WASHINGTON 98104 COUNSEL LAWRENCE BOGLE CLAUDE E.WAKEFI LO 0 M.BAYARD CRUTCHER FRANK L.MECHEM EDW.S.FRANKLIN August 31, 1973 • Mr. Gerard M. Shellan. ' . City Attorney • Post Of ice Box 626 • One Hind ed Second Avenue Building . Renton, ashington 1 Re: City of Renton re Scott Pacific .• Condemnation - Cause No. 735570 Dear Mr. Shellan: We thank you for 'having forwarded to us the City' s checkIfo $17, 034.30, and, in accordance with your request we have tra eled to the courthouse and have satisfied the judgment against he City. We have instructed our clients that -they. may remove theirlpe sonal property from the premises, 'and we have told them that the City will reimburse them for 1973 .real estate taxes already aid, but allocable to the post August 17 portion of the year. Fnally, we have told them that they are entitled to cer- tain Relocation Act benefits under RCW 8.25.020 and RCW 8. 26.040, but we h ve suggested that they make direct contact with the ' 1 City on his matter, rather than involving -our respective offices. • We have enjoyed meeting you and working with you -on this. c!as- . • . Very truly yours, . . BOGLE, GATES, DOBRIN, WAKEFIELD & LONG v,i 1L 7 ‘ OV .11 /1 Ti .. /.Q2e-7,Le ee,a4-2) ,, , v 4 L `�� 0 O P'I�'I C'IS or TIED: (:'ITV A'1"1`ORNE1 e REi\TON,WA4IHINGTONI �\ C POST OFFICE BOX 626, 100 2ND,STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 0y34 V GERARD'M. SNELLAN, CITY ATTORNEY 0 Q` JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY �4TFo sEPSEe� August 28 , 1973 1 Bogle Gates, Dobrin, Wakefield '& Long J Attor yneys at Law 141:h Floor, Norton Bldg. Seattle, Washington 98104 Ati:en ion: Mr. Jay Zulauf Re: City of Renton - Scott Pacific et al Warrant in the sum .of $17 ,034 .30 Dear Sir.: Encloed you will find City Warrant-No. 7778 which const6tutes _payment in full of Judgment, costs , fees and interest. Would you please be good enough to satisfy the Judgment in full of record, and advise us when this has ben done. Thank ng you for your courteous cooperation, we remain Yours very truly, Gerard .M.' Shellan City ATtorney GMS :n4 Encl. (check) I f 1 . ,C`'\ 1I \ � �e of QI of04 �� 0.���ti 0, O `Q 0 lei7, OFFICE 0I, rl`IIE CITY. ATTORNEY • .RENTON,\V ASH INGTON (� POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 2 O ° r . �' 3 (0 GERARD M. SHELLAN, CITY ATTORNEY 0 <Q- JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY gjFo SEPSc_kO August 16 , 1973 B gle, Gates, Dobrin, Wakefield \ 8 Long Attorneys at Law 1 th Floor Norton Building St tle, Washington 9.8104 A ention: Mr. Jay H. Zulauf [I/ Re: City of Renton Scott Pacific Ii Condemnation - Cause No. 735570 Dear Mr. Zulauf: . En losed you will find the original of the Stipulation and Order which we have approved for entry subject to th ' self explanatory addition we have made. tie certainly have no objections to remitting to you directly from now on in order to avoid the cumbersome II procedure that you have outlined. Purluant to our telephone discussion, we assume that you will forward to us the pertinent documents prior to Aug st 20th. The undersigned will be out :of the office an ugust 23 and 24 in connection with State of Washington Bar Association business. Tha king r,you,.~we_,:.r`.emain Yours very truly, j Gerard M. Shellan City Attorney GMS: d ,' 1 Encl (Stipulation and Order) WARRANT DISTRIBUTION DATE: 7/25/73 I SPECIAL WARRANT: WARRANT NO. TOTAL AMOUNT LAKE WASHINGTON BEACH FORWARD THRUST FUND 7144 9099899a44 (Payment of Court Judgeuent9 Expert Witness, and ttorney Fees ® Acquisition of Scott Paci is Property m King County No. 735570) NOTE: This Special Warr:nt was written 1 per prior approval of the Council. We9 . th• undersigned members of the Finance Committee of the Renton City Council, having received Departmental Certification that merchandise and/or services have been received or rendered, do hereby approve for p:yment Vouche . No, 7144 in the amount of $909,899.44 this 6th day of August 1973, FINANCE COMMITTEE ' I ii:,) (....-e-c.._,1/4_( E.---k-i-o:I'l -..' .Lr---------- Committee ber I .----- ' /Cet/ i/OH('-, ,/ .....,//ye/L ,;(.44:7"- ommittee Me r . a C itte Hemmer , WARRANT DTS'ITtIBUTION DATE: 7/5,'73 I I SPECIAL WARRANT: WARRANT NO. TOTAL AMOUNT LAKE WASHINGTON BEACH FORWARD THRUST FUND 7144 909,899.44 (Pa ent of Court Judgement, Expert Witness, and ttorney Fees - Acquisition of Scott Facia is Property - King County No. 735570) NOI1'E: This Special Warrant was written per prior approval of the CounciI. We, !the undersigned members of the Finance Committee of the Renton City - .Council, having received Departmental Certification that merchandise and/or service have been received or rendered, do hereby approve for payment Voucher No. 7144 in the amount of 909,899.44 this 6th day of August 1973. FINANCE COMMITTEE 1 I., n 1/ ( ( / ) .' - rI Committee Member . Committee Member �-7 1 ,..,-,--- --L-.-. ------1-'-'''' ''''' -tati--&---.7-7 -2---- A':p mm ttee--Me►.mber - 11_ I I WARRANT ])TS`I'ItllliUTION DATE: 7/25/73 SPECIAL WARRANT: WARRANT NO. TOTAL AMOUNT LAKE WASHINGTON BEACH FORWARD TII1tUST FUND 7144 909,899 44 (Pa ent of Court Judgement, Expert Witness, • and Attorney Fees - Acquisition of Scott Pac•fic Property - King County No. 735570) NOTE: This Special Warrant was written per prior approval of the Council. We, the undersigned members of the Finance Committee of the Menton City Council, having received Departmental Certification that merchandise and/or service have been received or rendered, do hereby approve for payment Voucher No. 7144 in 'the amount of 8909,899.44 this 6th day of August 1973. FINANCE COMMITTEE I, • Committee Member _. 1ommittee Member ' ,/ ,/".--,7 . ,/>, „C.---)j--- ; _, -,..e..----:„="- ---- r' Cpfnmittee' Member' . • OV RI 4, N I U II) F'2, OFFICE OF THE CITY ATTORNEY • RE TON,WASHINGTON Z I Oo POST OFFICE BOX'626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINEL 5.8678 O u /5 C07 GERARD M. SHELLAN, CITY ATTORNEY 00 0 I <<E' JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY �4,-, P�ctO August 15 , 1973. 9 7 3 Mr. Gene Coulon , Director ?ark Department City Hall Renton, Washington Res City of Renton - Scott Pacific Property Dar Gene: Eilclosed you will find the original of"Deed Restriction" and"Deed of Right t> Use Land for Public Recreation Purposes" in connection with the above captioned case, which instruments have now been recorded in the office of the Director of Records and Electims , King County Receiving Nos. 7300070457 and . 7308070456., respectively. Also erllclosed is a certified copy of each instrument. f Z we can be of any further help to you in this matter, lase advise. We remain , P Yours very truly, Gerard M. Shellan City Attorney GMS1:nd Encl. (Deeds) INTEROFFICE MEMORANDUM Date: August 10, 1973 To: Gwen Marshall, Finance Director From: Gene Coulon, Director of Parks and Recreation Subject: Scott-Pacific -property acquisition ' I Attached for your files are the following documents in connection with the acquisition of the Scott-Pacific property: 1. Opinion by the Court of Appeals. 2. Judgment on Jury Verdicts 3. Order and Judgment fixing award of attorneys' fees. 4. Deed of Right to use land for Public Recreation Purposes. 5. Deed Restrictions 6s Receipt from the County Clerk in the amount of $909,899.44 7. Record of payment to Clerk of Superior Courts V AAA. (}4A. ONA. i � pF �1' 0 i'', 1. 01''1''I.('E 014`TIi1.: CITY ATTORNEY • RENTON',W SIIIIGTON Z iq.;d,, O.-� POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPI E 5.8678 0 'M '':': ..47-/ ! /3 GERARD M. SHELLAN, CITY ATTORNEY , 000 �Q- JOHN,K. PAIN, JR., ASSISTANT CITY ATTORNEY Au ust 9 , 1973 �7TFQ SEPSc4 I • . 11: : . . . I Clerk of the Superior' Court . i King County Courthouse Seattle, Washington , • Re: . Petition of City of Renton . King County Cause No. 735570 Remittitur No. 1629-42152-I il/ Dear Sir: . Enclosed herewith is City of Renton Claims Fund Warrant No;. 7253 in the sum of $1,262 .12 in full satisfaction of Respondent 's cost bill in the above captioned matter. Also enclosed is City of Penton Claims Fund Warrant No. 7254 in' the' sum, of $1. 63 covering interest in . full on account of the judgment regarding expert ' • fees .' . • ' fl . . Would you please pay the above in to the registry. I of the Court. • Thanking you, we remain . . Yours very truly, Gerard 14. Shellan \1( • ' City Attorney . : ; ' ' I GMS:nd Enc1. (two checks) . . I //r -G /;-r I, U DEFT•('] OI�`'TIP1�: ('TT't" A'L L'`(.)'N.NI1:Y • 1 ENTON,WASIi.1N(14TON " < ' -� POST OFFICE BOX.G26; 100 2ND STREET'BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 z o• I a . 1 /:.' (0• GERARU M: SHELLAN,.CITY A?TOR*E'i 1 At, <4‘ JOHN'K. PAIN', JW., ASSISTANT MTV'ATTORNEY August 9 , 1971,3 4".4AFO sort-0 • • I • II 471 I Bogle, Gates , Dobrin, Wakefield & Long . Attorneys at Law • 14th Floor Norton Bldg. Seattle , Washington 98104 ' Attention: Mr. Peter D.- Byrnes Re : City of Renton - Scott Pacific King County No . 735570 Dear Sir: Enclosed herewith' .is a copy of our letter transmitting payment into Court for your cost bill and interest in full on account of the . judgment regarding expert fees. May we please have an answer to the other matters covered in our letter of July 30th so that this matter may be disposed of or noted for argument in Superior Court. • We remain Yours very truly , fl . Gerard M. SHellan , City Attorney GMS :nd Encl. (letter) 1 . I I • , Pa' Ct-4 I.-Vowu • --- • u.. rig ‘2e 1)0 fk ) L-C`cc-1 ------ -DtEll-OF-RTGHT TO-USE ND FOR PUBLIC RECREATION PURPOSES The Granto , City of Renton, for and in consideration of monies coming in whole or in part from the Outdoor Recreation Account of the General Fund of the State •of Wash'ng.on and in fulfillment of terms of the Project Contract identified • below, con eys and grants to the State of Washington individually and as the representa ive of all the people of the State, the right to use the real property d scribed below forever for the outdoor recreation purposes described in the Pro ect Contract entered into between the Grantor and the State of Wash- ington through the Interagency Committee for Outdoor Recreation entitled Lake \\ Washington Beach Addition No. 3, Project Number IAC 70-016A, signed by the Grantor on the 3rd day of June, 1970, and by the Interagency Committee on the 25th day of March, 1970, and the application and supporting materials which are on file wit the Grantor and the state in connection with the Project Contract. The Grantor will not make or permit to be made any use of the real property described i this deed, or any part of it, which is inconsistent with the right to us for public outdoor recreation herein granted unless the state, through the Interagency Committee for Outdoor Recreation or its successors, consents to the inconsistent use, which consent shall be granted only upon conditiors .hich will ensure that other outdoor recreation land of at least ri equal fair arket value at the time of change of use and of as nearly as • feasible equivalent usefulness and location for the public recreation pur- poses for which state assistance was originally granted will be substituted in the maine provided in RCW 43.99.100 for marine recreation land, whether or not the ral property covered by this deed is marine recreation land. RCW 43.99 104 reads as follows: "Mar ne recreation land with respect to which money has flee expended under RCW 43.99.100 shall not, without the app oval of the committee, be converted to uses other than tho e for which such expenditure was originally approved. The committee shall only approve any such conversion upon Con itions which will assure the substitution of other • milarine recreation land of at least equal fair market value at t e time of conversion and of as nearly equivalent use- fluln ss and location." Grantor has caused a copy of the application and the Project Contract (exe- , cuted copy to be placed in its official records as of August 7 , 1973 ,‘ file #73080 0456 and hai also caused all related documents to be cross , • 1%iANrx :(e.E t 177.17,,x KNingotco cogfruirliee,,c7 referenced th reto0 • iptroher - 5 v BY --------- = '''' ' • .... • Defuly • Plte° rea4 p operty covered by this deed is described as follows: P'`CEL III A. Tract 5 of the Commissioner 's map approved by decree entered October 19, 1923 in King County Superior Court Cause No. 156371 , the metes and bounds description for said Tract 5 approved by said Decree being as follows: A parcel of ,2nd Class shorelands abutting upon government lot 2 in Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Commencing at a point situated upon the westerly boundary line of the Northern Pacific Railway "belt line" right of way, which point bears south 58°50'18" west 135.629 feet from the stone monument at the point of intersection ,of the government meander line with the north boundary line of said Lot 2; running thence south 58° 50'18" west 244:835 feet to the inner harbor line; thence south 40°35'00" east along the inner harbor line .118 feet to an angle point in said inner harbor line; thence south19°45'00" east, continuing along the inner harbor line, 1215.467 feint; thence north 69°26'56" east 305.683 feet to the westerly boundary line of said right of way; thence north 19°21 '48" west along said boundary line 739.113 feet to the beginning point of a curve; thence to the left on the arc of a curve having a radius 1860.08 feet end the longchord of which arc bears north 27°28'58" west 527.097 feet to the point of beginning; together with that portion, if any, of' said government lot 2, lying within the metes and bounds description for said tract 5. B. A parcel of 2nd Class shoreiands abutting upon government lot 3 in Section 5, Township 23 North, Range 5 East, W,0M., in King County, Washington according to the Commissioner 's map filed in King County Superior Court Cause No. 156371, which map and the several mates and bounds description for said parcel were approved by decree entered • October 19, 1923 in said Case No. 156371, the proper fetes and bounds description of said parcel of 2nd Class shorelands, based on said court decree, being as follows: • Beginning at a point on the westerly boundary line of the Northern Pacific Railway "Belt Line" right of way as located and established by said court decree, ,said point bearing south 69°26'56" west 39.421 feet from the stone monument at `' the point of intersection of the government meander line with the north boundary line of said government Lot 3; thence south 69°26'56" west 305.683 feet to the inner harbor line; thence south 19°45'00" east along the inner harbor line 277.006 feet; ithence north 80°25'29" east 308.236 feet to the westerly boundary line of said railway right Of way; thence north 19°2i '48" west along said westerly boundary line 335.737 feet to the point of beginning; together with the uplands, if any, within the P` metes and bounds description last above set forth. • The foregoing described land constituting a parcel of land sometimes described as Lots 1 to 9, inclusive, Block 360 of C.. D. Hillmna's Lake Washington Garden of Eden Division No. 5, and the adjoining 2nd Class shorelands, according to the Commissioner's map approved and filed in King County Superior Court Cause No. 156371 . C. All that portion of Lots 10 to 22, inclusive, Block 360, and Lots 1 to 4, inclusive, Block 361 of C. D. Hillman's Lake Washington Garden of Eden Division No. 5 and adjoining 2nd Class shorelands, according to the Commissioner 's map approved and on file in King County Superior Court Cause No. 156371, and described as follows: Beginning at the intersection of the southerly • line of Lot 4, Block 361, said C. D. Hillman's Lake Washington Garden of Eden Division No. 5, with the westerly boundary line of the•Norther n Pacific Railway right of way; thence north 76°11 '06" west 42.65 feet; thence north 20°43'26" • west 622.29 .feet, more or less, to a point on the southerly boundary of Lot 9, Block 360; thence north 80°25'29" east 51 .22 feet, more or less, along the southerly boundary of Lot 9 to the westerly boundary of the Northern Pacific Railway right of way; thence south 19°21 '48" east along the westerly boundary of the Northern Pacific Railway right of way 636.75 feet, more or less, to the point of beginning. ' • D. All that portion of Lots 5 to 26, inclusive Block 361 of C. D. Hillman's Lake Washington Garden of +&den Division No. 5, and adjoining 1 2nd Class Shor;elands according to the Commissioner 's map approved and on file in King County Superior . . . Court Cause No. 156371, lying within the following • described boundaries: Beginning at the intersection of the southerly line of Lot 24, Block 361, said C. D. Hillman's Lake Washington Garden of Eden Division No. 59 with the westerly boundary line of said Northern Pacific Railway right of way; thence south 19°21 '48" east 55 feet along the westerly boundary of said right of way; thence south 70°38'12" west 15.78 feet; thence north 20°43°26" west 839.00 feet, more or less, to a point on the north boundary of said Lot 5; thence south 76°11 '06" east along the north boundary of Lot 5 a distance of 42.65 feet, more or less, to the westerly boundary of the Northern. Pacific Railway right of way; thence south 19°21 '48" east along the westerly boundary of `; the Northern 'Paeifie Railway right of way 760.42 feet, :core or less, to the point ,pf beginning. ' . • Y: . 1 r This deed shall in no way modify or extinguish the functions of the Grantor u der the Project Contract, including the Grantor 's functions to operate and maintain the land as set out in paragraph 14 of the Project Contract. Dated tihi , ') day of - rti�:�) 19 By: ,- yor ATTEST. 1 L -CI 2 • I eat 6: fJ1 STATE rF 1ASHINGTON) : SS. KINGCOUN"V ) THIS IS Ti CERTIFY that on this day of ,• 19 `�3 before me the undersigned' Notary Public in and for the State 9f Washington,' duly co = issioncd and sworn, personally appeared F\\Jca t to me personally known to be the �j., o� , of The �� 0 �ti �� that executed the foregoing deed and a kn•wledged to deedsaid m that they signed\'and sealed nthe sane as the free and • ®le w,/ - and on oath stated that the were authorized tp execute said instrument and that the seal affix d is the s a l of said 11,a Y (AA X %4 o r WITNESS hand and official seal the day and year in this certificate first above gar tten. H \kvUte Notary Public in and for the State ofti\o Washington, residing at N'u\h„� I , • 'E ii / E.F. li o i 11,.4° ,.rri t✓, I ^^ F�`)} S: C:1.1 :`_.f l SCI130o al. I 4..A Y_ _ .....3..r3-: I CC'J . - Co. a, . is Cs.., , VI f., •�.,.'+�.,., -s ,I e ,� � , d'• . .'ry. ,. . ,.- _.. , jw� _-L `14. ..._ p ..>��1 a. .. 'P7„ -'yr- 4 is .I. ,. .C_ J f` c. :ry,1'''''3' .i .% - l .• 1 ..y: . ,,. ] ... Y.. " � _ . .... it-. . C. 1', STATE OF WASHINGTON .: - County of King • c s . _£ T e Director of Records & Elections, King County, State of Washington, tuAll ' c. oCt'icio Recorder of Deeds and other ictsts°io_nti:rtt;t4 do hereby certify t r foregoing copy has been compared with the c r;,,Ot i it'tstruntent H8 the 6dhle 1, appears on file and of record in the office,and th r t the saitto 16 a truo and parfoot transcript of said original and of the whole thereof. AUG 7 1973 1 witness my hand and off' ial seal this .......,...."...., ,„.•••:::.::4111V ' ector of R rd & Bloc ona\ -• . - r , eputg , . { i .er.-/ ' '''. • . A - rD 4 b ,,idii. 5 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON ' . IN AND FOR THE COUNTY OF KING 7 In the Matter of the Petition of ) • $the ;Ci-y of Renton, a municipal ) - NO. 735570 corporation of the State of ) 9 Washington, to acquire by condemna-) JUDGMENT ON JURY VERDICT .AND tion certain lands and. properties ) AWARD OF ATTORNEYS ' FEES 10 within the City of Renton, King ) AND APPRAISAL FEES ' County Washington, in connection .) 11 with the acquisition of such ) . properties for park, playground and) • 12 marine recreational and like ) purposes as contemplated by City ) ' 13 of Renton Ordinance No. 2509 . ) ) 14 15 THIS MATTER having come on regularly for trial commencing' 16 on t e 28th day of July, 1971, before the above entitled court 4 17 sitting with a jury, upon the petition of the City of Renton, ,V . 18 a' m nicipal corporation, organized and existing under the laws 19 and statutes of the State of Washington, praying for the appropri- Ai t! 01 20 ati.n .of certain property and property rights for park, playground Ns 21 and marine recreational purposes, as contemplated by and provided 22 for in Ordinance No . 2509 of the City of Renton dated Octob?r 6 , :: • '--'i 23 1'96 , and further praying for the determination of just compen- z24 sat on to be paid in money to the owners and all other persons O 25 int rested in said property and property rights for the taking H 26 and appropriation of same, and further praying for judgment and 0 y' 27 decree of this court providing for payment to the persons i H Q 28 entitled thereto of the just compensation so determined, and 29 further praying that upon such payment a decree of urp�re iati_on `,�/, y L 30 6f aid property and property rights be entered vesting t •tle ./ j 31 to the same in the City of Renton; and the court having eht�.�'ed -I 32 . on April 12 ,' 1971, 'its adjudication of public use and necessity 1 / SNELLAN, PAIN, STONE & •MANSON Judgment on Jury Verdict / ATTORNEYS AT W _ \/ \ 100 SO.SECOND ST.GGLDG.,P.O.PO:;626 • I z. RENTON. WASHINGTON 98055 Pa e 1 ;r Y ALPINE 5-8678 I i' P. bG. ALPINE 5-4144 e 1 1 decila ing that the use for which the property and property rights 2 des'cr bed in the petition herein as Parcel lltare sought to be •3 appro riated is a public use, and declaring that there is a 4 public necessityfor such appropriation; and the petitioner pu l c I 5 herein being represented by John K. Pain, Jr. , of Shellan, Pain, 6 Stone a Swanson, its attorneys, and the respondent Pacific.' acific Coast 7 Railr ad Company having declared in this action that it had no 8. inter st in the property included in this suit, and the respondents 9 Scott Pacific Terminal, Inc. and Pacific Tow Boat Company both i . 10 being represented by Peter D. Byrnes of Bogle, Gates, Dobrin,, 11 Wakefield a Long, their attorneys ; and the parties having sub- 12 mitted their evidence and argument to the jury and the jury On . 13 August 3 , 1971 having entered its verdict of just compensation . 14 for, tl�e land and fixtures hereinafter described; in the sum of 15 $825 , 00 . 00 ; Now, Therefore, in accordance with the jury verdict, 16 it is hereby 17 i ORDERED, ADJUDGED AND DECRRED that upon payment by 18 petitioner into the Registry of the Court of the sum of $825 , 000 . 00 , . 79. which sum represents just compensation as determined by the jury, toget er with interest thereon at t-he rate u.�- x--pe ) 21 from the date of entry of the jury verdict (August 3 , '' 22 1971) until the date of payment, together with reasonable 23 attorneys ' fees of $ i�1r.2°76- 4, i and reasonable expert witness ?/(1 ( 24 feels of $ ,1 =4444 'an interest on said fees from the date hereof . r4 T Tc� . 2 , �r 7 n-�, i"� r_3 ' i 25 untill paid at -t rate p�-3'-� °� �'�, petitioner � � .1 26 shall have the right to appropriate, use, possess and take the 27 fol!lo ling described! property: 28 PARCEL III 29 A. Tract 5 of the Commissioner' s map approved by -1 30 decree entered October 19 , 1923 in King County Superior Court Cause No. 15.6371, the metes and 31 bounds description for said Tract 5 approved by said Decree being as follows: 32 A parcel of 2nd Class shnrelands abutting SHELLAN. PAIN, STONE d SWANS Judgment nt on JuryVerdict ATTORNEYS AT LAW (-j 100 SO.SECOND ST.SLOG..P.O.DO' I RENTON. WASHINGTON 98OF d'r''" ° `1.,' '•`I ALPINE 5-8678 Page 2 Gt• 'I • • 41 s tit,F„` `'t'..' ALPINE 5-4144 *.u'.T-- T,':-c,,,f7:,,„ate...,... ,r _ _ _ _ _ o — I 1 • upon government lot 2 in Section 5 , Township 23 North, Range 5 East, W.M. , in King County, 2 I Washington, described as follows : 3 Commencing at a point situated upon the westerly boundary line of the Northern Pacific Railway 4 "belt line" right of way, which point bears south 58° 50 ' 18" west 135 . 629 feet from the stone 5 monument at the point of intersection of the government meander line with the north boundary 6 line of said Lot 2 ;-running thence south 58° 50 ' 18" west 244. 835 feet to the inner harbor • 7 line; thence south 40° 35 ' 00" east along the inner harbor line . 118 feet to an angle point 8. • in said inner harbor- line; thence south 19°45 ' 010" east, • continuing along the inner harbor line, 9 1215 . 467 feet; thence north 69°26 ' 56" east • 305 . 683 feet to the westerly boundary line of, ' 10 said right of way; thence north 19°21' 48" ' west • along said boundary line 739 . 113 feet to the I1,, beginning point of a curve; thence to the left on the arc of a curve having a radius 1860 . 08 12 feet and the longchord of which arc bears north 27°28 ' 58" west 527 . 097 feet to the point of 13 beginning; together with that portion, if any, of said 1a government lot 2 , lying within the metes and • bounds description for said tract 5 . 15 B. A parcel of 2nd Class shorelands abutting upon 16 government • lot 3 in Section 5 , Township 23 North, 17 Range 5 East, W.M. , in King County,' Washington, according to the Commissioner' s map filed in . 1$ King County Superior Court Cause No. 156371, which map and the several metes and bounds description for said parcel were approved. by decree entered 19 October 19 , 1923 in said Case No. 156371, the proper metes and bounds description of said parcel 20 of 2nd Class shorelands, based on said court decree, being as follows: 21 • i 22 Beginning at a point on the westerly boundary line of the Northern Pacific Railway "Belt Line"I • 23 right of way as located and established by said court decree, said point bearing south 69° 26 ' 56"i west 39 . 421 feet from the stone monument at 24 the point of intersection of the government meander 25 line with the north boundary line of said government Lot 3; thence south 69° 26 ' 56" west ' 26 305 . 683 feet to the 'inner harbor line; thence south 19°45 ' 00" east along the inner harbor lin'ei 27 . 277. 006 feet; thence north 80° 25 ' 29" east 308. 236 feet to the westerly boundary line of said 28 railway right of way; thence north 19°21' 48" west along said westerly boundary line 335 . 737 feet to the point of beginning; , 29 30 together with the uplands , if any, within the metes and bounds description last above set forth. • 31 The foregoing described land constituting a • 2 parcel of land sometimes described as Lots 1 to 9 , inclusive, Block 360 of C.' D. Hillman ' s Lake ' SHELLAN, PAIN. STONE 0 SWANSON Judgnent on Jury Verdict ATTORNEYS AT LAW 100 SO.SECOND ST.SLOG..P.O.BOX 67 1 % RENTON. WASH INGTON 98055 Pa 3 " 4' F• ' YJe`.e r Y ALPINE 5-6678 Li ftt� y,,; ;4 5{ 1;n,7 ' ALPINE 5-4144 I .�.,.-,..fin: ' I 1 Washington Garden of Eden Division No. 5 , and the adjoining 2nd Class shorelands, according 2 to the Commissioner' s map approved and filed in King County Superior Court Cause No. 156371. •3 C. All that portion of Lots 10 to 22 , inclusive, 4 Block 360, and Lots 1 to 4, inclusive, Block 361 I of C. D: Hillman's Lake Washington Garden of Eden 5 Division No. 5 and adjoining 2nd Class shorelands , according to the Commissioner' s map approved and 6 on file in King County Superior Court Cause Nc . 156371, and described as follows: 7 Beginning at the intersection of the southerly 8. line of Lot 4 , Block 361, said C. D. Hillman ' s • Lake Washington Garden of Eden Division No. 5 , 9 with the westerly boundary line of the Northern , Pacific Railway right of way; thence north 10 76°11' 06" west 42 . 65 feet; thence north 20°43 ' 26" west 622 . 29 feet, more or less, to a point on the 11 southerly boundary of Lot 9 , Block 360 ; thence north 80°25 ' 29" east 51. 22 feet, more or less , 12 along the southerly boundary of Lot 9 to the westerly boundary of the Northern Pacific Railway 13 right of way; thence south 19° 21' 48" east along the westerly boundary of the Northern Pacific 14 Railway right of way 636 . 75 feet, more or less, to the point of beginning. 15 1 D. All that portion of Lots 5 to 26 , inclusive, 16 Block 361 of C. D. Hillman' s Lake Washington • Garden of Eden Division No. 5 , and adjoining 17 2nd Class Shorelannds according to the Commissioner' s map approved and on file in King County Superior , lg Court Cause No. 156371, lying within the following described boundaries: 19 Beginning at the intersection of the southerly • 20 line of Lot 24, Block 361, said C. D. Hillman' s • .i Lake Washington Garden of Eden Division No . 5 , 21 with the westerly boundary line of said Northern Pacific Railway right of way; thence south 22 19°21 ' 48" east 55 feet along the westerly boundary of said right of way; thence south 70° 38 ' 12' 23 west 15 . 78 feet; thence north 20°43 ' 26" west 839 . 00 feet, more or less , to a point 'on the ' 24 north boundary of said Lot 5; thence south 76°11 ' 06" east along the north boundary of 25 Lot 5 a distance of 42 . 65 feet, more or less , to the westerly boundary of the Northern 26 Pacific Railway right of way; thence south 19°21' 48" east along the westerly boundary of 27 the Northern Pacific Railway right of way 760 . 42 feet , more or less , to the point of 28 beginning. 29 TOGE HER WITH the following fixtures and appurtenances being g 30 ap.rt of the aforedescribed realty: 31 1. Rail Unloader 2 . Rail Track 32 3 . Truck Unloader NELLAN, PAIN. STONE 0 SWANSON Judgment on Jury Verdict ATTORNEYS AT LAW 100 80.SECOND ST.BLDG..P.O.BOX 020 P ag 4 {T.'`' F ' RENTON. WASHINGTON 98055 ALPINE 5-8578 It< L Cw::w' v,' I• ,':.�;'.1�? • ALPINE 5-4144 • 1 4 . Trailer Loader 5 . Road Surfacing . 2 i 6 . Boom Shack , 7 . Oil House .3 8 . Tool House 9 . Scaler and Compressors 4 10 . Sorting Works j 11. 2 Gunsling Machines 5 12 . 2 Current Makers 6 and it is further 7 ORDERED, ADJUDGED AND DECREED that upon such payment 8' title to the above described property shall vest in the City l 9 of R nton in fee simple absolute; and it is further I 10 ORDERED, ADJUDGED AND DECREED that the King County Clerk 11 shal pay the King County Treasurer all real estate taxes due 12 and wing; if any, on the above described property from the 13 proceeds paid into the Registry by the petitioner herein, but 14 that petitioner shall reimburse and pay to respondent Scott • I , 15 Pacific Terminals , Inc. the pro rata portion of the 1971 taxes 16 paiid by said respondent applicable to the period subsequent to 17 th!e ' ate of payment by petitioner of this judgment; and it is 18 further 19 ORDERED, ADJUDGED AND DECREED that upon payment of said 20 award and judgment into the Registry of the Court, the Clerk 21 be and is hereby ordered to satisfy said judgment ; and to hold 22 such sum of money, less taxes , as noted above , for distribution 23 subj -ct to the further ord 'r of this Court. f 24 DATED this / ` day<)f August , 1971. 1 25 �--7� ' x_____--, 26 J U D G/E 27 -Presented• b3y: ,✓ 2( ,/,,-//4" /-7-!-:----- 29 -AT6hni `K. Pain, J, , 'oi - IELLAN, 1 PAIN, STONE 8 SWANSON, Attorneys for Petitioner 31 32 1 Judgment on_ Jury Verdict SHELLAN, PAIN, STONE d SWAN ON ATTORNEYS AT LAW P age 5 100 50.SECOND S T.BLDG..P.O.50)f 424 . ,r.^•. ,,.,,., RENTON. WASHINGTON 98055 ,,, ALPINE 5-8678 '1 . i'.,,-!.e 't',., . '1'... =-S :i d ..' ALPINE 5-4144 ' I • • SLATE OF WASHINGTON, ss County of King 5 I; W. E. STEEN, Clerk of the Superior Court of the State of Washington, fcr the County of King, do hereby certify that I have compared the foregoing copy with the original Instrument as the same tppears on file and of record in my office, and that the same is a true and perfect transcript of said original and of the whole thereof, (rgSTIMONY WHEREOF, I have hereunto set my hand and afflxeil She Seat of'said. Superior Court at my office at Seattle this_ ..®..�.� o • ..' G 1 197 o- - 1 riot 'Court :Cler1�`F'(�•'. W_, )3� STEEN ,act. � ."`; ;;�.,. •_ ... )3Y Deputy, Clerl • •is•Sr{.vt',i, . I • 2 I C 0 13) ly .. ���` I �'; • I . 3 - �-;r / . H Y vp 4 IN THE S PERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY! t 5 In the Matter of the Petition of ) • i the Citylof Renton, a Municipal ) No. 735570 - • 8 Corporation of the State of ) Washington, to acquire by condem- ) 7 . nation certain land and property ) ORDER AND JUDGMENT within tjhe City of Renton, King ) FIXING AWARD OF I N- 8 County, 'Washington, in connection ) ATTORNEYS ' FEES i\ I with the acquisition of such prop- ) AND INTEREST : 9I erty for park, playground and ) fa' marine for, and like pur- ) '. -, 10 poses, as contemplated by City of ) ' Re_ nto'n Ordinance .No. 2509 ) 11 I I ) I 2 121 THIS. MATTER having come on duly and regularly for hearing i'-i t 3 13 I on August 17, 1971, before the undersigned Judge of the above 14 I entitled Court on Respondent' s Motion for an award of attorneys ' 7 I 15 1 fees u Ider RCW -8.25.070; and ' • . 1 :.. 16I The Court having considered the Memoranda and Affidavits I t I i 17 I submitted by counsel and the criteria set forth in Canon 12 ofl the 18 Canons of Professional Ethics; having heard the testimony and i • 19 I argument of counsel, having determined that a fair and reasonable 201 attorneys ' fee in this case is $75,000; having considered Peti- i 211 tione , ' s argument that the Court is without power to award Respon- • I ` 221 dent the full amount of the fair ana reasonable attorneys ' Fee 1 231 ($75,000) by virtue of the recent amendment to RCW 8.25.070 • 24 , (engrossed Senate Bill No. 363) • but having found .that the Respondent 25 obtained a vested right to recover the full amount of. reasonable d 26 attoinei,•s ' fee as of the date of the verdict and that appiic_ation 1 . 27 of, the new statute in this case would be grossly unjust, end)having I , Order and Judgment Fixing f i J Award of Attorneys ' Fees 11 an,d Interest - 1X\ I • . REEL 3 TROF 750 : A) I ,; 1 • F I • I ~ 1 • I 11 issued a Memorandum Opinion of October 4, 1971; and 1 I 2I The. Court, after hearing argument of counsel, having 31 determi ed that Respondent is entitled to six percent (6%) 4 interest from the date of the verdict to the date of the judgment . 5 . in accordance_ with RCW 8.28.040, and, after considering briefs ' i 6 submitted by both parties , the Court having ruled that Respondent 7 i is entitled to eight percent (8%) interest from the date of the 81 Judgment, and having included this ruling in its Memorandum 9 Opinion of October 4, 1971; now therefore , 10I 1IT IS HEREBY ORDERED, ADJUDGED and DECREED that: I 1 11I 1 1. Respondent is awarded a reasonable attorneys ' fee 12 of $75,000.00; i 131 I 2. Respondent is awarded interest on the jury verdict, f . 14I from the date of the verdict to the date of the judgment on the ' I 15 ( verdict at the rate of six percent (6%) per annum; . E , 18 i i 3. Respondent is awarded interest on the Judgment on t,p6 and C-=a 17 1 verdict,/ on the reasonable expert witness fees , -dx-E x gxx x . i 18I ]ka x tVx from the date of entry of the Judgment ' on ' -•i. Z `,X.Li ' . '- ; i _. • 19 I the ! 'v rdict, at the rate of eig1i .L pe�rceI U.(i(8%) per annum,•• e.nd o`ri". the at orrey' s fee at the rate of 8% per annum from the date hereof. 201 Dated this day of '• .wit , 1971. I 21 1 l/ . .77-4>74-Irl-e-1--k-/----'------ 22 f Presented by: Judge BOGLEJ GATES DOBRIN, WAKEFIELD & LONG, . I V 23 By s° = (._.peter .D.-'Byrpes. 24 i ' '— 'Attorneys for Respondent . J 23 Approved as tc Form-;! Notice of ...: : ' ',.Presentation waived : I -I .26 = _ _ _._ Of 'Shellan, Pain, Stone; & Swanson 27 ( Attorneys for Petitioner 1 Ordler and Judgment Fixing A'. aru of .:tLorneys ' fees • :1nc, T'lfiori sf ', G REEL 36 TRW 751 _I.�_ 1 I I • • • • E OF WASHINGT , STET ONss. County, of King ,::i y, W. B. STEEN, Clerk of the Superior Court of the State I have of Washington, for the County hereby Instrumel�tcertify as at the same 'compared the foregoing copy with the original appears on file and of said rd in my original anlice,d ofand tl ethat wholePthereof,same is a true and perfect transcript of IN :TESTIMONY WHEREOF, I have hereunto set my hand and affixed his .u.a...� the Seal,of; said superior Court at my office at Seattle t u day, of,.cM G _ 1973 , 19...... - W. B. SITE. perior. Court Clerl W. , Deputy,. :I. • FELEJ LI E IN CLERKS OFFICE COURT STATE OF OF APPEALS WASHINGTON-DIVISION CHIEF - JULG - 'N THE COURT OF APPEALS OF THE STA E OF In the M tter of the Petition WASHINGI+ON ) • of the City of Renton, a Municipal Cor ) . State of Poration of the ) Washington, to acquire by condemnation certain l ) of dRen9onlrty within the City and ) No. 1629-42152-I of Renton King County, ) the ac in connection with ) q,uiztion of such ) Division One, Panel Property for park, playground Two and marine recreational and ) like Purpoises as contemplat ) by City of Renton Ordinance ) No. 25091: THE CITY OF RENTON, , Appellant, ) v. ) ) SCOTT PACIFIC TE ) and PACIFICBOAT TOW AL�, INC. , ) COMPANY, ) Respondents. ) i - ) FILED • • JUL 2 3 1973 • CAIJLOW, J. -- The City of Renton commenced eminent Proceedings o acquire ll- $, domain acres of waterfront property of the condemnee fora park. The property was in use by the owner p and was: improved with necessary for - handling the logs. Renton appeals from the judgment I. the jury award. of- based on $825,000 to the defendant property The Y owners- questions raised by the appellant concern1 ^f cross:-examination of opposing expert real estate the admissibilityappraisers; of testimony confer i zing the volume of business . I 1 I 1. I • Ti i i . : _ No 1629 42152.- • conducted on the real "property, together with its improvements , and the use of such testimony as a gauge to fair market value of the improvements; and whether an 'instruction given directed the jury improperly to consider lost profits as an element of 1 damages to the condemnee. Further, the condemnor raises questions as to whether evidence of the business conducted on . the property may be admitted and, if so, to what extent; whether the replacement cost of improvements is admissible as evidence 1 of their value on behalf of a condemnee and, , if so, to what purpose such evidence could be used;: whether a condemnee '.s appraiser can testify concerning. a comparable sale of property unknown to him until the condemnor' s appraisers testified to it; ! and whether a temporary economic decline in the area or the difficul y in obtaining governmental permits for land use are appropriate as evidence concerning value . In addition, question were raised concerning the attorneys ' fees, expert witness fees, and the interest awarded. IA real estate appraiser testifying as an expert witness on behalf of an opposing party may be cross-examined as to i prior appraisals made by such witness of the same, adjacent or similar properties. Chicago',' Milwaukee" &. Puget Sound. Ry.. v. True, 62 ash. 646 , 114 P. 515 (1911) . It is within the discretion of the ;trial as to whether such.judge prior appraisals were so I remote 'in time or place 'as. to be irrelevant to test the competency, . credibility, knowledge, memory or accuracy of the witness. State' v'. Elder, 70 Wn.2d 414, 423 P.2d 533 (1967) ; Winslow v. Mell, 48 .Wn. 2d 581, .295 P.2d 319 (1956) Bussard v.. Fireman' s Fund Thden . Co. , 44 Wn.2d 417, 267 P.2d 1062 (1954) ;' King County - j 1 2. i•'. • v. Joyce, :96 Wash. .520, 165 P. 399 (1917) . See also F., Wellman, The Art of Cross-Examination, ch. 5 (4th ed. 1936) . Cross) examina ion of the expert real estate appraisers was conducted within permissible limits and the bounds of the discretion of the trial court, The cross-examination as to previous appraisals made by he opposing appraisers was restricted to testing the' validity of their assessment of the fair market value of the subject roperty at the time of trial.. The jury was instructed: As the respondent ' s entire property is being a quired, just compensation is the fair market value of the property measured as of the day of trial. The content: of the testimony brought out on cross-examination was restricted to its proper use. The admission of testimony on behalf of the condemnee of the ,volume of business conducted on the -property was challenged as wasiwhether. the condemnee' s appraisers could base their opinion o the value of the improvements on the land on the • income produced by the business use of those improvements. I ' The character and volume of business conducted on the property which is subject to condemnation is admissible for the purposelof showing a use for which the land is available. 4 P. Nichols, Eminent Domain § 12 .3121 (1) (rev. 3d ed. J. Sackman' 1971) ; Chicago, Milwaukee &-.Puget' Sound Ry. v. True, supra: WPz+ 151. 05, 6 Wash.' Prac. 370 (1967) . In Chicago,ago, Milwaukee' & Puget Sound Ry. v. True, the court approved the admission of testimony concerning the area through which the - . landowner' s business extended where. the jury was instructed that .. such evidence was only to be considered for the purpose of showing the use to which the property was adopted. I.t is argued that - i 3: • i • LVCT.., 1I06 -'16174-1/ 4 r - , therelw. s no issue as to the use to which the property could be put; and, therefore, the introduction of testimony of this I , subject should have. been excluded. . We find no error in the • utilization to which this testimony was directed by the instructions I given. The court informed the jury: However, evidence, if any, that a business is now operated on the property is admissible solely as proof of one of the uses to which it could be put'. Moreover, the condemnee was entitled to show that the use of the property as a log dump was an available interim use which, . while not the highest' and best use to which the property could be put, as a use which enhanced its value . See 4 P. Nichols, • Eminent omain § 12 .2 (3) (rev. 3d ed. J. Sackman 1971) . ( Further, the condemnee 's appraisers could base their opinion of the value of the improvements on the land on the income produced by the business use of those improvements. • j � Such use was an element available as a guide to the appraisers in arriving at the value of the land. As said in Seattle & Montana' R.R. v. Roeder; 30 Wash. 244, 263, 70 P. 498, 94 Am. St. R. '86 (1902) : . . . IIf a piece of land taken contains valuable improvements, •I those improvements apart from the lands may not be con- sidered; yet certainly the character, nature, and extent Of. the improvements, and the revenue derived therefrom, ' are as essential to be considered in arriving at the value of the land as the land itself or the uses to which it may be put. Th .court's instruction No. 7 read: j:. The amount of an award in condemnation proceedings is limited to the fair market value of real property and fixtures attached. In no case can damages be allowed for the loss of profits of a business maintained on the �irolperty or damage to personal property. This is true _ eve' though the business cannot be moved elsewhere. I However, evidence, if any, that a business is now operated on the property is admissible solely as proof Of One of the uses to which it could be put. ' I f 4 . } I. . i I Tae 'objection made is that this instruction wrongfully I .. combines the concept of limiting damages to the value of the property and its fixtures and that damages should not be allowed - for loist profits . Objection is also made that the instruction i I did not direct the jury to disregard the volume of business as I I a measure of value. We disagree holding that the instruction � - properly stated the law. See Puget Sound Power & Light Co. v. Puyallup, 51 F.2d 688 (9th Cir. 1931) . ; The profits of a business conducted upon the land taken may not be shown to determine the compensation which the owner II should ;receive . Chicago, Milwaukee & Puget Sound Ry. v. True, Supra; 1Ta oma v. Nisqually Power Co . , 57 Wash. .420, 107 P . 199 (1910) ;; 4 P. Nichols, Eminent Domain § 12 .3121 (1) (rev. 3d ed. J. Sackman 1971) ; 5 P. Nichols, Eminent Domain § 19 .3 (1) (rev. 3d ed. J. Sackman 1969) ; 29A C .J.S. Eminent Domain § 162 (1965) ; A. Jahrl, Eminent Domain § 150 (1953) ; Annot. , 7 A.L.R. 163 (1920) . Courts have so held since the amount of profits gained from a business epends upon the fortune, skill and good management with whic the business is conducted. These elements furnish no basis f r determiningthe value of the property but rather are indicative of the competence of the owner. 4 P. Nichols, Eminent ,Domain § 12 .3121 (1) (rev. . 3d ed. J. Sackman 1971•) ; 5 P. Nichols,; Eminent Domain § 19 .3 (1) (rev. 3d ed. J. Sackman 1969) ; A. Jahr,l Einent Domain § 150 (1953) . See also Los Angeles v. Deacon, 119 Cal. App. 491, 7 P.2d 378 (1932) . The three sentences in the instruction each correctly state the law. When compared with WPI 151.05, it can be seen that the i struction given is merely a paraphrase of the law therein let forth. The instruction properly guided the jury. - I 5 . - NO.'- :'1bL!-J-4115-2—I/ — A challenge is made to the failure of the court to give the condemnor' s proposed supplemental instruction No. 2 . No iI •� I exception was taken to the failure to give this instruction, and we mayi not consider the claimed error upon review. CR 51 (f) ; ' Stuart v . Consolidated Foods Corp. , 6 Wn. App. 841, 496 P.2d 527 (1972) . I IThe replacement costs of -improvements may introduced into eyi.ence whether or not there is market data upon which to base n opinion as to the value of the property. In State , . v. Wilso , 6 Wn. App. 443, 450 , 493 ,P.2d 1252 (1972) , the court said concerning proof of replacement costs: We adopt the majority rule that evidence of cost ;of reproduction of structures less depreciation may be 'introduced whenever the structures are well adapted to Ithie land upon which they stand. The proper measure of just compensation is the value of the land with the buildings iiupbn it, and the owner therefore receives nothing for the buildings unless they increase the market value of the ,land. The reproduction cost of the structure on another 'comparable parcel of realty is not the sole measure of compensation but it is a factor to be considered in determining fair market value of the property as a whole. When the cost of reproduction (or the original cost) is considered as an element in determining market value, proper deduction must be made for depreciation. Depreciation is not limited to physical wear and tear but it includes economic and functional obsolescence . 4 Sackman, Nichols on Eminent Domain § 12 .313 (rev. 3d ed. 1969) ; 5 a. Sackman, Nichols on Eminent Domain § 20 .2 [1] (rev. 3d ed. 1969) ; 2 L. Orgel, Valuation Un er Eminent Domain § 190 (1953) , see State v. Red Wing Laundry '& Dry Cleaning Co. , supra [253 Minn. 570, 93 N.W.2d 206 (1968) ] . See also Pierce County v". King, .48 Wn. 2d .43, 290 P.2d 462 (1955) ; iSec.ro-Woolley v. Willard, 71 Wash. .646 , 129 P. 372 (1913) . Tile evidence of replacement costs was properly admitted. Further, the instruction proposed by the condemnor concerning replacemen costs, while a proper statement of the law, was 6 . , unnecessary since the instructions given did limit the con- . sideratio , of this evidence to its effect upon the award to be. • made .as, the fair market value of the real property and fixtures attached. The appraiser of the property owner may testify upon direct• 'examination concerning a comparable sale although• the sale was not considered by him in his evaluation. The condemnor" I objectsi to this appraiser testifying concerning an alleged l 1 comparable sale which took place June 15, 1971. An expert witnessi may testify as to supposed comparable sales in order to I • I - show why he rejects a particular sale as being unhelpful in establilsh'ng the value of the subject land and a sale which d could be discardedestablishing.insofar as value-. He may do i this in contradiction of the expert appraisers of the opposing condemnor in order that the jury may decide whether there is a I I sound basis for the opinions given by either appraiser. The admission of such testimony is within the discretion of the trial judge. As stated in State" v.• Wineberg, 74 Wn.2d 372 , 383, 444 P.2d 787 (1968) : ' jl These two decisions taken together provide the • following rules: (1) an expert witness will not be • allowed to testify to a valuation opinion which is not the product of his independent judgment, but is merely another person' s hearsay opinion whichthe witness has accepted as his own but (2) an expert witness may, in the trial court' s discretion, be allowed to testify to a Valuation opinion even though some of the factors con- sidered by the expert in reaching his opinion would be hearsay and inadmissible as independent evidence. We now holed that, when an expert is allowed to testify to a . variation opinion which is in part- based on facts which viouLd normally be hearsay and inadmissible as independent evidence, the trial court may in its discretion allow the expert to state such facts for the purpose of showing the basis of the opinion. The exclusion of such evidence, however, must be based on a sound exercise of discretion • and not on an erroneous application' of the hearsay' and• ' best evidence rules. See,- United States v.• 5139 . 5' Acres o;f' Land, supra [200 F.2d 659 , 661 (4th Cir. 1952) ] ; United States v. Katz, 213 F.2d 799 (1st Cir. 1954) . 7. F.' I - . • - I l • • The testimony was properly admitted. - IThe court instructed the jury as follows: • If you find from the evidence that there is a present temporary decline in property values, you may consider what effect it would have on the well informed seller who desires to sell but not under any compulsion to sell immediately in fixing the price he would accept as of now. I is contended that the instruction was erroneous in that it allow d the jury to deviate from the rule that current fair marketiv lue is the measure for valuation of property to be taken, allowed the jury to establish value as of some date other than the date of trial and failed to delineate standards for determiningwhether a temporary decline in P Y property values I • existed . Alishausky v. McDonald, 117 Conn. 138, 167 A. 96 (1933) (an Forest Preserve Dist. of Cook County v. Eckhoff, 372 I11. 91, 24 N.E .2d 52 (1939) , are cited as contrary to the instruction. In those cases, however, the court correctly > I II refused to direct the jury to value the property as of a date other than the date of the taking. The instruction quoted above c1early directs valuation as of the date of trial. The city contends that instruction No. 6 which read: Contention is made that market value is lessened by concern of prospective purchasers as to difficulty in obtaining permits from the state or U. S. Government for placing improvements on waterfront property. You should consider this only if you find from the evidence that such cocern exists and affects the market value. . Such a fi 'ding, as on all your findings, must not be based on sp culation alone. should not have been given since it should have included a i I . discussion of the rule that ownership of lands beneath navigable . waters does not give the owner the right to use such navigable waters. The condemnor did state specifically that no objection 8 . • .• ws made to the principal en unciated in the instruction be raised Ex'Ice tions to an instruction cannot. however. ' • for the .first time on appeal. O 'Brien v. , 445 P, Artz, 74 Wn:2d 558, 2d 632 I The condemnor urges that instruction No. 6 did not cover prope ly the law concerning shorelines and navigable Property under gable waters as it affects fair market ket value. The given by the court is in line with the Laws of 1971, 1st Ex. Sess. , ch. 286, p. 1496, RCW 90.58, known as the Shoreline Management gement Act of 1971 . Under that system act, a s requiring local Y em government guidelines and programming for. improvement of shorelines within their boundaries was contemplated . The pri ate use of shorelands by their owners policies of is subject to the the act and the master programs, ui g delines and regulations promulgated thereunder. The effective provisions of the act require a landowner to secure a permit from governmental authoritythe local before developing a shoreline in the state. T e condemnor did propose an instruction� concerning ofiland Wilb beneath navigable waters citing the use g our v, 77 Wn.2d 306, 462 P.2d 232, Gallaghe_ 40 A.L.R,3d 760 (1969) . The instruction generally would have informed the jury that the ownership of land beneath navigable waters is subjects t the a limited ownership right to navigate upon those waters navigation rights � which can only be curtailed by use permits from a government 1 authority to the landowner. See Harris v, Indus . , In ; , , 81 Wn.2d 770 hylebos • 505 P.2d 457 (1973) . The instruction given succinctly set forth the impact of the act 9 . y. i 1 No. 162 42152-I/ I I . and the Wilbour decision upon the fair market value of shoreline real property. It allowed the city to argue its t1ieo y that a permit could be required to develop the shore7:an and its theory that a .permit could be required before t e owner could impede navigation,• both situations I . • having, a possible effect on fair market value and within the scope of the instruction on the subject. The objection made to instruction No . 6 as given by the court was to the last sentence thereof. That sentence is misleading in that by forbidding • speculation "alone" it implies that speculation to some extent may be permissible in determining the fair marketivalue of property. Such is not the law; however, the objection to the instruction did not specifically point out this flaw and was insufficient to bring it I ' to thelattention of the trial court . State v. McDonald, 74 Wn.2d 141, 443 P.2d 651 (1968) .. IIn the same area, the court' s failure to give the condemnor's proposed instruction No. 11 (WPI 150 .11)I, is challenged. The instructions given by I • the court sufficiently informed the jury of their duty tolreach a result based upon evidence rather than conjecture. The instruction proposed is a correct statement of the law and would have _emphasized to the jury what should be considered in fixing the amount of • • 10 . • No 162 - • - compensation. However, the jury' was not misled by the - 11 instruct ions when they are read as a whole, and they were guided correctly as to the elements that could be weighed in assessing compensation. Seattle & . Montana R.R. v. Roeder, 30 Wash. 244, 255, 70 P. . 498 , 94 Am. St. R.: 864 (1902) , said: - Appellant requested- the court to give the • following instruction: "In :assessing the damages. to. the market. value . of the property not taken, you should not take into • consideration anything as an element of damages which is remote, - or imaginary, or uncertain, or ' speculative, even though mentioned or testified • about by witnesses; but the only elements which i you should taken into consideration as tending- . tb reduce the market value are those which are appreciable and substantial, and which will actually . lessen the market value of the property taken. " The first part of this instruction down to tae word "witnesses" was given by the court in sub- s.antially the language requested, but instead of . ' the remaining portion the court said: • ' "In estimating the damages to the remainder of the property, or that portion of the property • described in the petition that is not taken, you should consider the effect, if any, upon the property by the construction of the road, and . should award to the respondents such a sum as the evidence in' this case convinces you, together ,• has depreciated by reason of4th • your view of the premises, the market value the construction of • - the road in the manner as proposed . " And then the court proceeded to correctly state • w at elements of damage the jury may consider. The latter part of the instruction requested • necessarily followed as a conclusion from what w .s said in . the former part; and, where the court subsequently correctly told the jury what • • • ' . elements of damage they might consider in . • determining the damages to the property not taken, I t ere was a sufficient compliance with the . request. For that reason it was not error to -- refuse the requested. instruction. . • . . 11. ' No. 1629-42152-1/ Pursuant to RCW 8 .25.070, attorneys ' fees of $75 ,000 were' awarded to respondents by the trial court. It is contended that - the court was limited to awarding attorneys ' fees as provided for in the amendment to RCW 8 .25. 070 , which provided for attorneys ' fees bas d solely on minimum bar fee schedules for trial and hourly rates. Senate Bill No. 363, Laws of 1971 , 1st Ex. Sess. , ch. 394, p. 410 . The following chronology is helpful in considering this issue: - i1 . August 3, 1971. Respondents qualified for an award of attorneys ' fees when the jury returned a verdict which exceeded by 10 percent the appellant's written offer. given 30 days prior to comime cement of the trial. RCW 8 .25 . 070.(2) . We note in passing that this offer was withdrawn prior to trial so that the landowner was entitled to attorneys ' fees on two bases under the statute. I2 . August 6, 1971. Respondents filed a motion for an , award of attorneys ' fees. ,3 . August 7, 1971. Senate Bill No. 363 , the limiting proviso to RCW 8. 25. 070 became law. - 4 . August 17, 1971. The hearing on attorneys ' fees was held. • The amendment to the statute was not in effect when the action was initiated during the trial, nor when respondents ' counselibecame entitled to an award of attorneys ' fees . The date the fee was earned, to wit, the date the jury returned its verdict, rather than the date upon which the hearing upon fees was held, is determinative. The amendment to RCW 8 .25 .070 12 . contared in Senate Bill No. 363 (Laws of 1971, 1st Ex. Sess. , ch. 39) was a substantive change in the law and should not bel given retroactive effect. -In- re Seattle, 79 Wn.2d. 490, 494 , 487 P.2d 777 (1971) . The condemning authority also objected to the award of expert witness fees as permitted under RCW 8 .25.070 (3) . The venerable trial judge expressed his dismay at the size of preen day expert witness fees requested. Nonetheless, it was within his discretion to award the fees that he did, and we find no abuse in his decision. The final challenge g of the condemning authority is to the di ection to the payment of interest on judgment sums as follows: - (a) Interest on the jury verdict, from the date of the verdict to the date of the judgment on the i,. verdict at the rate of six 6%percent (6%) per annum. (b) Interest on the judgment on the verdict and on the expert witness fees from the date of entry of the judgment on the verdict at the rate of eight percent -(8%) per annum, and on the attorney's fee'. at the rate of eight percent (8%) per annum from the date of entry of the Order and Judgment fixing that fee. °CW 8 .28 .040 enacted in 1943 reads : Whenever in any eminent domain proceeding, heretofore por hereafter instituted for the taking or damaging of rivate property, a verdict shall have been returned by the jury, or by the court if the case be tried without a jury, fixing the amount to be paid as compensation for the property so to be taken or damaged, such verdict shall bear interest at the rate of six percent per annum f om 'the date of its entry to the_ date of payment thereof: P ovided, That the running of such interest shall be suspended, and such interest shall not accrue, for any period of time during which the entry of final judgment such proceeding shall have been delayed solely by the pendency of an appeal taken in such proceeding. In 1969, RCW 4.56.110 (2) , a general statute on judgments, was enacted which reads: • 13 . • i - j I, (2) Except as provided under subsection (1) of this. section, judgments shall bear interest at the rate of eight ercent per annum from the date of entry thereof: Provided, That in any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment -or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict wasrendered: Provided, 1p.owever, That in any case where notice of appeal or petition for writ of review is filed prior to June 12 , 1969, interest hall accrue from the date of entry y of judgment and shall7 ' of date back to the date the verdict was rendered. The trial court concluded that the general statute was control ing and held that respondents were entitled to 8' percent interest on the judgment. We disagree. state or its subdivisions are not liable for interest except here it has expressly, or by a reasonable construction of a co tract or statute, placed itself in a position of liability. Bond V. State, 70 Wn.2d 746, 425 P.2d 10- (1967). ; Pape v. Armstrong, 47 Wn.2d 480, 287 P.2d 1018 (1955) . See also Annot. , 24 A.L.R.2d . I . 928 (1952) . The statute which expressly and specifically subjects a -governmental authority with the power of eminent domain . to liability for interest is RCW 8 .28 .040. Nothing in RCW 4.56 .110 would indicate the state is subject to its provisions. It is contended that the enactment of RCW 4.56 .110 repealed the earlier provisions of RCW 8 .28.040 . Repeals by implication are not favored. State ex rel. Wenatchee Heights • Reclamation Dist. v. Banker, 179 Wash. 343, .37 P.2d 1115 (1934) ; State' ex rel. Johnson v. Clausen, 51 Wash. 548, 99 P. 743 (1909)i. This is especially true where the issue concerns the alleged repeal. of a special or specific provision by the :enactment of a more general provision. Unless the two acts are so clearly • 14 . - i ' • • • - I . inconsistent they cannot both be given effect, or there is a clear legislative intent that the later general provision shall have universal application a general statute will not be held , to have repealed a specific statute by implication. Herrett 1 Trucking Co. v. Washington Public Serv. Comm'n, 58 Wn.2d 542 , 364 P'.2c& 505 (1961) ; Abel v. Diking & Drainage Improvement Dist. No. 4, 19 Wn.2d. 356, 142 P.2d 1017 (1943) ; lA J. Sutherland, Statutory Construction § 23 .15. (4th ed. C. Sands, 1972) . Special acts are not presumed to be repealed by general acts. State 1 ex rel. Wenatchee Heights Reclamation Dist. v. Banker, supra. The judgment of the trial court- is affirmed in all aspects save that portion which directed that interest other than 6 percent be paid by the City of Renton. • - - i The condemnee has filed a motion and brief requesting the awa d of reasonable attorneys ' fees for this appeal . RCW 8 . 25. 070 authorizes the awarding of such fees to the condemnee in these circumstances. - State v. Kodama, 4 Wn. App. 676, 483 • P.2d '857 (1971) . The motion is granted and the cause remanded - to the Lrial court for the fixing of reasonable attorneys' fees on appeal . • • CALLOW, J. / • WE CONCUR: I ' • j I • I 15. - I J1L.J t ,s1 U„ ,fat �,„�+.�.•w� "' �.t7f�I6SS Cam....._.. . . _ .. Pvto_ i1 C - aJ DEED RESTRICTION WHIREAS the City' of Renton, a municipal corporation of the State o Washington , heretofore acquired by condemnation proceedings the l n.s and properties hereinafter described , as per Judgment bf the Superior Court in, and for the County of King , State of Washington, Cause N• . 735570 , under date of August 17 , 1971 , and WH:REAS the Cityllhad heretofore entered into a certain Agr,ement with th= United States of America, Department of Housing and Urban Develop Ent, entitled,"Contract for Grant to Acquire and/or use Developed Land for Open-Space purposes under Title VII of the Housing Act of 1961, as amended ,"special reference being made to Project No. WASH OSA 99 , Contract No. WASH-OSA 99 (G) ; and s " � IHE'EAS said Contract requires the City of Renton to impose , ' certain onditions on 'the hereinbelow described real property, NOW ` THEREFOR , IN IONSIDERATION of the sum of Ten Dollars and other good I' and valuable consideration, and in compliance with the terms of t e ' aforerren ioned Agreement with the Department of Housing and Urban, Development, the City of Renton, as Grantor, hereby agrees and covenants ;;, that the hereinbelow described real property , nor any interest therein, `';i may not me sold, leased or otherwise transferred without the prior `! written .pproval of the Secretary of Housing and Urban Development ,. his desi:nee or any successor thereto , for any purposes inconsistent with the terms of the aforementioned Contract. • This Restriction shall be recorded with the Director of Records and Elections , King County, Washington, relating to the following described real estate : (as per Exhibit "A" attached hereto which is made a part hereoflas if fully set forth) ! • IN WITNESS WHEREOF the parties hereto set their hands at Renton- a% Excise.Tax Not Required !AC72 ,i,E 1'! King Co. Cc mptrdkr •+ca':a�::?X Ca '¢ ,/ ',S l - 'y 6• ri- r1 Washington , this ' day of August, 1973 . CITY OF RENTON , a municipal corp. BY La ®/ ' 6C,4?4,11. �. ... ,Mayor BY �'1,:ch'J/•' �? 1 ity C e rk STATE 0 , WASHINGTON ) ): ss COUNTY OF KING ) • On this s- dayi of August , 1973 , before me , the undersigned , a Notar Public in and for the State of Washington, duly commissioned and sr n, personally' appeared AVERY GARRETT and DELORES A. MEAD, to me know to be the Mayor and City Clerk, respectively , of the CITY OF RENTON , the corporation that executed the foregoing instrument and acknowl-dged the said, instrument to be the free and voluntary act and deed of said corporation , for the uses and purposes therein men-Coned, and on .ath stated that they were authorized to execute the said instrumeit and that the seal affixed (if any) is the corporate s al of said corporation. I . , WIT, ESS my hand and official seal hereto affixed the day an year fir-t above written. I\,\ Notary Public in and for the, State . of Washington, residing at Renton. . i - 2 i - = A. leact 5 of th'e Commissioner' s :pap approved by decree entered October 19, 1923 in ling County Superior Court Cause 40. 156371, the metes and bounds description for said Tract. 5 approved y said Decree being as follows: A parcel of 2nd Class shorelands abuttina upon government lot 2 in Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : • Commencing at a point situated upon the Westerly boundary line of the Northern Pacific Railway "belt line" night of way, which point bears south 58'50 ' 18" west 135 . 629 feet from the stone monument at the point of intersection of the government meander line with the north boundary line of said Lot 2 ; runninv, thence south 50° 59 ' 13" west 244. 335 feet to the inner harbOr line; thence south 49° 35 ' 00" east along thle inner harbor line .118 feet to an angle point in said inner harbor line; thence south 19°4500" east, continuing along the inner harbor line, 1215. 467 feet; thence north 59'25 ' 56" east 305.583 feet to the westerly boundary line of said right of way; thence north 19'21' 48" Tilest along said boundary line 739.113 feet to the beginning point of a curve; thence to the left on the arc of a curve having a radius 18601;08 • feet and the longchord of which arc bears 1 orth 27023' 58" west 527.097 feet to the point of beginning; '167.7 together with that portion, if any, of said government lot 2 , lying within the metes arid bounds description for said tract 5 . , B. A parcel of 2nd Class shorelands abutting upon —71 ' government lot 3 in Section 5 , Township 23. North, ;441D Range 5 East, W. . , in King County, Washington, - •rrl according to the Commissioner' s map filed in King County Sunerior Court Cause No. /56371, which iria map and the several r'etes and bounds descriptiOn e, for said parcel were approved by decree entered Octoher 19 , 1923 in said Case No. 156371, the Proper metes and bounds description of said parcel of 2nd Class shorelands, based on said court deCree, being as follows: • • Beginning at a point on the westerly boundar , linr, of the Northern Pacific Railway "Belt Line" right of way as located and established by s' id court ricer , said noint bearing south west 39 . 421 feet from the stone monument at the point of intersection of the government meander line with the north boun-iery liae saij , e:ovennment Lot 3; thence south 69°16 '55" wesn 305 . F83 feet to the inner herbor line; thence ee, south 19°45 ' 99" east along the inner harbor line • 977. 006 feet; thence north 29°2329" east 306.236 a feet to the westerly boundary line of said em, railway right of way: thence north 11°21' 48 west • along said westerly boundary line 335 . 737 feet to • the point of bezinning; • 1 • , together with the uplands , if any, within the • metes and bounds descrintion last above set forth. ' • The foregoing described land constituting a • Parcel of land sometimes described as Lots 1 to 9, inclusive , Block 350 of C. D. Hillman' s Lake • EXHIBIT "A" -J. • Washington Garden of Eden Division No. 5, and the adjoining 2nd Class shorelands , according to the Com issioner' s map approved and fi d in King County Superior Court Cause No. 1 ' 371. C. All that portion of Lots 1C to 22 , inclusive , Block 350, and Lots 1 to 4, inclusive, Block 61 of co D. Hillman' s Lake Washington Garden of den Division No. 5 and adjoining 2nd Class shorelands, according to the Commissioner' s swap approved and on file in King County Superior Court Cause {1O o 156371, and described as follows: Beginning at the intersection of the southerly Bane of Lot 4, Block 361, said C. D. Hi11.°n n's Lake Washington Garden of :den Division 'boo 5, with the westerly boundary line of the Northern Piacific Railway right of way; thence north 76°11' 05" west 42 . 65 feet; thence north 20°43' 26" west 622. 29 feet, more or less, to a Point on the southerly boundary of Lot 9, Block 3 6 0 ; thence north 80°25 ' 29" east 51.22 feet, more or less, along the southerly boundary of Lot 9 to the Westerly boundary of the ?northern Pacific Railway right of way; thence south 19°21'48" east along bof the h e rn ° °�° the westerly boundary �h_ Northern Pacific R;'ailway right of way 636. 75 feet, more or'il ss, to the point of beginning. D. All that portion of Lots 5 to 25, inclusive, Block 361 of C. D. Hillman' s Lake Washington Garden of Eden Division No0 5 , and adjoining 2nd Class Shorelands according to the Comnissi ner' s nap approved and on file in Bing County Superi r Court Cause No. 156371, lyinz within the fol to ing described boundaries: Beginning at the intersection of the sout' e ly 13.ne of Lot 24, Block 361, said C. D. Hi11Ir.► n' s Lake Washington Garden of Eden Division 'a . 5 , _ " with the westerly boundary line of said CO_ hern Pacific Pailway right of wey; thence south 4 ` 19°21'48" east 55 feet along the westerly b undary or said right of way; thence south 7 00 3 6 ' 12" �"�, west 15.78 feet; thence north 20°43 ' 26" west 839. 00 feet, more or less, to a point on th north boundary of said Lot 5 ; thence south 76°11'06" east along the nort'. boundary of f.., Lot 5 a distance of 42.55 feet, more or lee- , to the westerly boundary of the Northern Pacific Pail,-lay right of way; thence south 19°21' 48" east along the westerly boundary of the 'iorthern Pacific Railway right of way li 760° 42 feet, more or less, to the point of beginning. ',.:.''1"; .t'. . w.;',:',,i',','''''''.:,:•,',.44,`, I • ' -. :t •I'I'•: • . 4 • 1 . .ti . .:'A '1 `' . el . ... I . '• o , .,. I I . . . . ' t ,j. i „ , •. . . \ '..! • ,. . . . ., . ..., . ..'•'. , . _ ....--, '• , . . . ' . .. . ,/' ' 0 . 1 ' ! , . . , •,',1 lb;• 4: • . .0 • C . , ... • , 1) • . • ,.0 ..., • . , „ 1 • v . . , • . , : .• , r.. , • , I It. ',7'.''...',•!‘ .A.1t.r.rn ONI`di 1 C C;ICLICTI"...:1 `.2 samoojm. . . c ,:).L'....).-3.di3, • • , C ..c... %. ui) I I M. LI... -1v.:a61 . . , . 1 • ''' I , . : :iii•....-- . 17 . . . • •= i '..nalio03,8 ' rl • . ( . . , •• r' k; • (.-.- • . • . , . . . i . I • . , , . .,. • •• .- . . • ' . . • • . . . . . .•. , , . • . . .• 1 • . • 1 .• • • ..•• . . '• • . . .. • SI AT. OP' WAgl-IINGTON '• ..4 Count of King . .._ , . . . . L. - • . ,,. th'.... Director of Records & Elections, King County, State of Wahl-neon, au4 1 . .,; • eXhffic o Recorder of Doods and other instruments, do hereby certify th© • 1 , 4, foregoin eo gcopy has been compared With theoriginal Instrument as the same ..,,, 1 appeurs on file and or record in the office,and that thc:t same is a true and perfect 1.•• •. transet_pt of said original and ot the vital° 11r.co1.. A i G .-e 1973.. ,. Witness my.hand and off' ial seal is............,.....____. day of .. . . , 19 •' . . L ... :.'.- . ' - . Dir ctor of Recor & lectio , .. I . . • SY . . . I ,,- De ( . . .. ,.„ " r -• -- . ' ',.' ,. I •' • ' . • • .l. .. , '•-r .„ . • .. I 1 . ,---fE0-77-5 1 g�ex Ei , li in King, Gonri<9 S' 1 2 ,11261973 . 3 vv, B. S t E-04 y11PR10K CUUKT CLERK i • 4 I 5 Reeei•t for Co Date Filed by Clerk 6 '. \ 7 \\IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 8 Iri t e Matter of the Petition ) 9 of tie City of Renton, a ) Municipal Coioration of the ) 10 Stat of Washington to acquire ' ) NO . 735570 by; c ndemnation certain lands ) 11 and roperties within the City ' ) PAYMENT BY CITY OF RENTON, 12 ingt n, in connection with the • ) CONDEMNOR REGARDINGof` R nton, King County , Wash- ) A MUNICIPAL CORPORATION, acusition' of such properties ) PAYMENT IN FULL OF JUDGMENT 13 for ark, playground and marine ) - AND JURY VERDICT , EXPERT recreational and like purposes as ) WITNESS FEES AND ATTORNEYS ' 14 conte plated by City of Renton ) FEES Ordin nce No, 2509 ) 15 I . ) 16 _I 17 IOMES NOW the City of Renton, a Municipal Corporation andl 18 hereby pays into the registry of the Court the following amounts , 19 1 to-sai 20 . The sum of Eight Hundred Twenty Five Thousand Dollars 21 ($825 ,000 .00) in full payment of judgment and jury verdict. 22 B. The sum of Nine Thousand Eight Hundred Ninety Nine and 23 44/100 Dollars ($9 ,899 .44) re expert witness fees 24 C The sum of Seventy Five Thousand Dollars ($75 ,000 .00) re attorneys' fees awarded condemnee. 25 26 as per thDs:e certain Judgements dated-/ ugust 17 , 1971 and October 27 29 , 19 l ; respectively. L2-' 28 ; D.ted this 26th day of July , 1 73 . e /(//21/:// 29 30 Ger • rd .. S a lan o SHE LAN 8 PAIN, Attorneys for 31 Cit_ of Renton • 32 I I SHELLAN, PAIN & SWANSON ATTORNEYS AT LAW 100 SO.SECOND ST.BLDG..P.O.BOX SSG RENTON. WASHINGTON 98055 ALPINE 5-8678 \ . , c v J PdAJ6- P12../46617 Li//j/( .--C_/ _. A I; v ,/ ,10L,,,) , g"I -7 ' ;q ,,k--V---' CITY OF RENTON, WASHINGTON ORDINANCE NO. 2683 AN ORDINANCE of the City of Renton, Wash ' gton, providing for the issuance and sale of $300 ,000 .001 par value of "Limited General Obligation Bonds, 1972, " of the City to provide a part of the funds with which to pay the cost of acquiring land for and developing the City' s so-called Lake Washington Beach Park; specifying the maturities and fixing the form and maximum effective interest rate of such bonds; establishing a , "Limited General Obliga- tion Bond Fund, 1972"; and providing for the sale of such bonds . WHEREAS , pursuant to Ordinance No. 2509 , passed by the CityC.uncil and approved by the Mayor on October 6 , 1969 , the ' CLty authorized the acquisition of certain described properties located within he corporate limits of the City as a part of the City 's Compreh nsive Plan and design for the construction and development of additional recreational facilities, including parks , playgrounds, beach a d similar purposes and facilities, said properties to be acquire as a part of the City 's so-called Lake Washington Beach `Park,] aid the City does not have available sufficient funds to pay the cos.i of acquiring such ro e p p roes and developing the same as la public ark and is in need of the additional sum of $300, 000 .00 to pay a p rt of the cost thereof; and WHEREAS , the assessed valuation of the taxable property P P of the City as ascertained by the last preceding assessment for City purpo:yes for the calendar year 1972 is $320 ,943 ,759 . 00., and the City has outstanding general .indebtedness of $1,280 ,000 . 00 hereto- fore jssued within the former limit of up to 1-1/2% of the assessed value of the taxable property Within the ' Cit y permitted for general municipal purposes without a vote of the qualified voters therein and the City also has outstanding $2•65.,.00.0.. 00 of general indebtedness issued i pursuant to a vote of the .qualified voters therein within, I - I r i I the form r limit of from 1-1/2% to 5% of the assessed value of the I taxable property within the City and the amount of indebtedness for which bonds are herein authorized to be issued is $300 ,000 .00 ; NOW, THEREFORE, I THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON , DO ORDAIN, s follows : . Section 1. The City of Renton shall borrow money on the I 'credit, o the City and issue negotiab:.e general obligation bonds evidencing such indebtedness in the amount of $300 , 000 .00 to provide a part of the funds to pay the cost of acquiring certain properties as desbr'bed in Ordinance No. 2509 , passed by the City Council and approved by the Mayor on October 6 , 1969 , and developing the same as a partlof the City ' s so-called Lake Washington Beach Park and to pay the cost of the issuance of the general obligation bonds herein 1 authoriz d. Such general indebtedness to be incurred shall be within the limi up to 3/4 of 1%. of the value of the taxable property within I the City (permitted for general municipal purposes without a vote of i I the qualified voters therein. I Section 2. The bonds shall be called "Limited General Obligation Bonds, 1972 , " of the City of Renton, Washington, shall be dated February 1, 1972 , shall be in denominations of $5,000 .00 each, sha 1 be numbered from 1 to 60 , inclusive, and shall bear • I interest t . an effective rate not to exceed 8% per annum, payable semiannually on February 1 and August 1 of each year, as evidenced by 1 coupons a tached to the bonds representing interest to maturity with full obligation on the part of the City to pay interest at the bond rate, fro and after maturity, until the bonds , both principal and interest, are paid in full. Both principal and interest are to be paid in; lawful money of the United States of America at the office of the City Treasurer of Renton, Washington. The bonds shall mature serially ,'n order of their numbers on February 1 in the years and amountslas follows : : i -2- i I I I Years Amounts � I 1974 $25, 000 1975 30 , 000 1976 30 , 000 1977 30 , 000 1978 35 , 000 1979 35 , 000 1980 35, 000 1981 40 , 000 1982 40 , 000 Section 3. The bonds shall be issued without the right or option of the City to redeem the same prior to their stated maturity dates . Section 4, The City of Renton hereby irrevocably pledges itself to levy taxes annually, within the constitutional and statutory tax limitations provided by law, upon all property in the City subject to taxation in an amount sufficient to pay the principal of and . interest on the bonds as the same shall accrue, and the full faith; credit and .resources of the City are hereby irrevocably pledged for I ' the paymer_t of the principal df and interest on such bonds . Section 5 . The bonds shall be substantially in the following 'form: 'No. $5 ,000 .00 UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF RENTON LIMITED 'GENERAL ' OBLIGATION BOND, 1972 % KNOW ALL MEN BY THESE PRESENTS : That the City pf Renton, Washington, is justly indebted to and for value received hereby promises to pay to' bearer On the FIRST DAY OF FEBRUARY, 19 , the sum of FIVE THOUSAND DOLLARS ogether with interest thereon at the rate of PERCENT 4 3)' per annum, payable semiannually on February 11. and August i .of each .ye.ar, interest to maturity being :.evidenced. by. and ,payab;le _:upon the presentation and surrender of the attached interest coupons as they !Severally become due ._with `full obligation on the part c _f 'the City to pay' ;interest .at the same rate from and after the maturity date, in. ,the absence of coupons , u til this bond with, interest is paid in full. This b- nd. is pay.ab.le,, both principal and interest, in lawful money of the United States of America at the office 'of the city Treasurer of the City of Renton, Washington.. , -3- I ' • This bond is one of a total issue of $300 ,000 .00 par value of bonds , all of like date, tenor and .effect, except as to maturities (and interest rates ' if rror-e than one interest rate is bid) , issued by the City of Renton for general municipal purposes , to-wit, for the purpose of providing a part of the funds with which to pay the cost of acquiring land for and developing the City' s so-called Lake Wash- ington Beach Park, and is issued in full compliance with the ordinances of the City of Renton and the laws and constitution of the State of Washington. This bond is issued without the right or option of the City to redeem the same prior to its stated maturity date. The City of Renton hereby irrevocably pledges itself to levy taxes annually, within the constitutional and statutory tax limitations provided by law, upon all property in the City subject to taxation in an amount sufficient to pay the principal of and interest on the bonds of this issue as the same shall accrue, and the full faith, credit and resources of the City are hereby irrevocably pledged for the payment of the principal of and interest on said bonds . It is hereby certified that all acts, conditions and things required to be done precedent to and in the issuance of this bond have been done, have happened and have been performed as required by law, and that the total indebtedness of the City, including this bond issue, does not exceed any constitutional or statutory limitations . IN WITNESS WHEREOF, the City of Renton, Washington, has caused this bond to be signed by the facsimile signature of its Mayor and attested by the manual signature of its City Clerk and its corporate seal to •e hereto affixed and the interest coupons attached to be signed with the facsimile signatures of those officials this first day of February, 1972. CITY OF RENTON, WASHINGT.ON By (facsimile signature) Mayor ATTEST : City Clerk The form of. the interest coupons shall be substantially follows :, • • • Coupon No. On the FIRST DAY OF (FEBRUARY) (AUGUST) , 19 , the CITY OF RENTON, WASHINGTON, upon presentation and � i I � surrender of this coupon, will pay to the bearer at the office of the City Treasurer the sum shown hereon in lawful money of the United States of America, said sum being the semiannual interest due that date upon its "Limited General Obligation Bond, 1972 , " dated February 1 , 1972 , and numbered CITY OF RENTON, WASHINGTON 1 By (facsimile signature) Mayor ATTEST : (facsimile signature) City Clerk 1 Section •6 . The bonds shall be printed or lithographed on good bond paper and shall be signed by the facsimile signature of the Mayor and attested by the Manual signature of the City Clerk of the City. of R nton, Washington , under the seal of the City and the coupons shall bear the facsimile signatures of the Mayor and the City Clerk . j Section 7 . There is hereby created and established in the Office ,of the City Treasurer a special fund to be known and designated as the ."Limited General Obligation Bond Fund, 1972 ," of the City. The accrued interest received, if any, shall be paid into the "Limited General Obligation Bond Fund, 1972 , " and the principal 1 proceeds eceived from the sale of the bonds shall be paid into thy: " Lake Wash. Beach Forward Thrust Fund" of the City. All takes collected' for and allocated to the payment of the principal .of and interest On the bonds shall hereafter be deposited in the "Limited General • 1 Obligation Bond Fund, 1972 . " Section 8. The bonds shall be sold for cash at public sale for not less than par, plus accrued interest, upon sealed bids to be received it the office of the City Clerk up to the day and hour stated in the Notice of Bond Sale hereinafter directed to be given . Notice calling for bids to purchase such bonds shall be • ;piib;lish;ed pride a week for four consecutive weeks in the official newspaper of the City of Renton and such notice shall also be published once int the Daily Journal of Commerce' of Seattle, Washington , at least ten days before the bid opening date. Such notice shall specify • i -5- . • that bids for the purchase of the bonds shall be received by the City Cle k of the City of Renton in the Council Chambers of the City 7 /5 7� Hall o;n - 39412 , up to 8 : 00 o ' clock p .m. (PST) , at which time all bids will be publicly opened for the purchase of the bonds and considered by the City Council at a meeting thereof then to be held. A copy of the notice shall , at least three weeks prior to the date fixed for the sale, be mailed to the State Finance Committee , Olympia , Washington . Bids shall be invited for the purchase of the bonds with i fixed maturities in accordance with the schedule specified in Section 2 hereof. 1 The notice shall specify the maximum effective rate of interest the bonds shall bear, to-wit, 8% per annum, and . shall require bidders to submit a bid specifying : (a) The lowest rate or rates of interest and premium, if any , above par at which the bidder will purchase the bonds ; or (b) The lowest rate or rates of interest at which the bidder will purchase the bonds at par. Coupon rates shall be in multiples of 1/8 or 1/10 of 1% , or both . No more than one rate of interest may be fixed for any one 1 maturity. Only one coupon will be attached to each bond for each installment of interest thereon , and bids providing for additional or supplemental coupons will be rejected. The maximum differential) between: the lowest and highest coupon rates named in• any bid shall not exceed 2% . I For the purpose of comparing the bids only, the coupon rates bid being controlling , each bid shall state the total interest cost, over the life of the bonds and the net effective interest rate of the bid. The bonds shall be sold to the bid der makingthe best bide , subject Ito the right of the City Council of the City of Renton to reject alny and all bids and to readvertise the bonds for sale in the -6- I 1 , I manner p ovided by law, and no bid for less than all of the bonds shall be consi.ered. ' ' All bids shall be sealed and, except the bid of the State of Washi gton, if one Its received, shall be accompanied by a deposit of $15 ,0t0 . 00 . The deposit shall be either cash or by certified or cashier' s check made payable to the City Treasurer of the City of 1 Renton and shall be promptly returned if the bid is not accepted. If the1 b nds are ready' for delivery and the successful bidder shjall fail and neglect to complete the purchase of the bonds within forty days fol owing the acceptance of his rid, the amount .of his deposit shall be forfeited to ,'the City of Renton and in that event the l City Cou cil may accept the bid of the: one making the next best bid. If there be two or more equal bids for not less than par plus accued interest and such bids are the best b:_ds received, the' City Council shall de ermine by lot which bid will be accepted. The bonds wil .1 be deliv red to the successful bidder at the office of the Treasurer i of the City of Renton, or in the City of Seattle, at the City ' s : expense, or at such other place as the Treasurer and the successful bidder ay mutually agree upon at the purchaser' s expense . A no ' litigation certificate in the usual form will be included in the closing papers . 1 Any bid presented after the hour specified for the receipt of bids will not be' received and any bid not accompanied by the require bid deposit at the time of opening such bid will not be read 'or considered. . The City Clerk of the City of Renton shalt tie and is I hereby uthorized and! directed to publish notice fortitie purchase , of thisonds in the manner required by law in accordance with thl • ' provisi section. Such notice shallprovide that the ity ns of this , C� of Renton will cause the bonds to be printed or lithographed and , I , signed and will furnish the approving legal opinion of Messrs . . Roberts , Shefelman, Lawrence, Gay & Hoch, municipal bond counsel of -7- I i I 1 { Seattle, ashington, covering the bonds without cost to the purchaser, said opinion also being printed on each bond. Such notice shall also provide that further information regarding the details of such bonds may be re eived upon request made to the City Clerk or to Seattle- Northwest Securities Corporation , the City ' s financial consultants , at 1000 L gan Building, 500 Union Street, Seattle , Washington . Section 9 . This ordinance shall take effect and be in force fro and after its passage , approval and publication as provided y law. PASSED BYTHE CITY COUNCIL this 13th day of December , 1971 , at a regular open public meeting thereof . f ,,,,,,„ , Oren rshall9 Deputy City Clerk APPROVED BY THE MAYOR this 13th day of December, 1971 . • I &tX ery Garret , ayor Approved • s ;to form: /a. G rard M. Shellan, City Attorney l« 07 /i71 -- Date of P •lication: - - i I I -8r I li � I I ,. Gwen Marshall, Deputy City Clerk of the City of Renton, Washington, hereby certify that the attached copy of Ordinance No. 2,683 s a true and correct copy of the original ordinance passed on the 6 h day of December, 1971 , as that ordinance appears on the Minute! B•ok of the City. DATED this 13th day of December, 1971 . � I Gwen' rshal1, Deputy City Clerk • • • • I II ' I I I , 4 of R� /a,) 4/ x o �r j V1 �� ' PARK , A1"'I� RECREATION DEPARTMENT•RENTON,WASHINGTON II IA I 4 M INFO j L BUILDING • 200 MILL AVE. S. • RENTON, WASHINGTON 98055.• 235-2580 I l ll IMMII V UUU CAPITA ' 4 'ysAORT L OF��• ,��` �I N"� ii December 1, 1971 n ' II r „ A 4P I (Pj y. ,)1 J- Mayor Avery Garrett I and • ' 'i' McMbers of the City Council 1 !' 1 l Re: Lake Washington Beach Park Addition • ,I;; . . .. 0 . King County No. 735570 $1,289.10 I : I Gentlemen: il Thy park Board has instructed me to request a transfer of $1289.10 from Cumulative Reserve Fund No. 1689, Acquisi- ;' ti;on and Development, of park Sites, to Park Fund 101/533/ ; p ' 50/61. II JI This amount is to cover the cost of transcribing court proceedings for perfecting the City's appeal of the case. I involving Scott-Pacific property. r• i • ,, . u This has been reviewed by the Assistant City Attorney ; c a d approved for payment. . I Respectfully, tl• . t tiPek.k.lrrev%. I o Gene L. Coulon . Director cc: Helmie Nelson Councilman Henry Schellert, j Chairman, Finance Committee • !'.1'! ' II • I ; I` + . I' li I' IIIa 1 II 11' OFFICE OF TIIE CITY ATTORNEY © RENTON,WASIIINGTON POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GC1Ale® IVO. S09CLLAN, CITY ATTORNEY j; j' JOHN P lr Jg. A I TAN I ATTORNEY 0 Mayor AveGarrett M � � °roc/ CityHallj„,-)/f Renton, Washington Re: Councilmanic Bond Issue, $300,000.00 Scott Pacific Terminal, Inc. Property Dear Ave" I have ire eived copy of a letter from Helmie to Jim Gay regarding' , :„' .. the proposed date for sale of councilmanic bonds, now fixed for January 1 9 '1972 . The sole urpose of this letter is to verify that the City is ` I fully aware of possible consequences if said bonds are sold . a considei,ab1e time prior to the need for said funds. We understand from Jack Pain that a decision by the Appellate Court is not expected prior to April or May of next year. The court at that time may affirm the judgement of the trial court or ossibly reverse and remand for new trial because of . alleged erroneous instructions to the jury. There are other alternatives but those two appear to be the most feasible at this point. In case there is a substantial delay between the sale of bonds and the final adjudication of the appeal, the council should keep in mind that the proceeds from reinvestment may not equal our debt service requirement and theCity may suffer some loss in .the i terra. I have t lked to Jim Gay about this matter today and he felt, like Id'd, that we should again touch base with you on the timing o sale. We remain: Very"truly Iyours, `/JI / / Gerar %M. Shellan/ GMS :b 311 Jim Gay I. it lark . ce, �I y C —� , Gene Coulon Council Pres en 0 Hen y Schell c,C_ _...rf -- d!)-74/2. -- (-/ he • - ,��`�- ' U ® the MAYOR'S OFFICE • RENTON. WASHINOTON AVERY GARRETT MUNICIPAL WILDING, RENTON, WASHINGTON 93055 - TELEPHONE: 235.2530 ,, r Memorandum 7/2‘' -2, ---/-tz-'-- Nove i[o er 24 , 1971 = � ��� TO: HELMIE NELSON, CITY CLERK FROM AVERY GARRETT, MAYOR l( z. i/�-e- � SUBJECT: MATERIAL REQUIRED FOR ISSUE OF COUNCILMANIC BONDS Please -provide Mr. Jim Gay with the information needed to proceed with the issuance of Councilmanic Bonds in the sum of $300 ,00-0.00 for acquisition and development of the Scott-I Pacific property on Lake Washington. AG/lh i • • • • • , . •• � (4 • L,i J f PiF2 1 !9i9 g2 s ,. �5* Offices odes V . 1 t,j / , duo: Councilmantc aond %sSu , $300, 00. Q0 .. Scott Pacific ?.'ermina1 , Inc. Property ` Purs a:It to our telephone convorsation of this d to this will -, confirm a bid opening date .for bond sale of either ,9 axnuary '10, or' JInuery 17. 1972. .. • Ve enclose herewith, per your roqueet, certified copy of City , of ROnton Ordinance, Mo. 2509 authorising the condemnation of • ' ' to. . t4rce parcels of property including that porce1 aa above- . . rife &7nced. it3t8 need tin I' further information on the matter: please advise. . , . ,. , roues r , ,I, • I CZDY O6" IMO O • . . , `-//-4)..--1---/-!-oc--0,.'_, C., / 2(.,:,..e,--1 - . • ' Velrn3c W. Nel8on . • • ;lnaocurat (1) . ' qcd Nayor ' City A ttOtnF 'Y • • , I ...u.p ^' � "`'s-' ^ ,fit: OFFICE OF THE CITY ATTORNEY • RENTON,WASHING. TONd ' . ' •:. '' POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5•$678:i( •: `''f ..�}. I • OERANO M. $NELLAN, CITY ATTORNEY ✓'' "j i'• ' " ASSISTANT CITY ATTORNEY. t•' :. r •', :��" : ;;�: JM/N N.PAIN, JR., _ �:' . -+ A4 ' November 18, 1871 ., : _r•_ ;,,;�.r :'f,.: 'i; Mr. Jame's ay -'...:: :::: .-- .,*:.:::: • .g7--' .?--. .-.61,d ,e://, :...i.7.',. .::::'.;:.:- ;:<"_° Attorney a L - ;' 1818 IBM B' ilding :.' - 'Seattle ti W hington ' • .: .,,, ', Res Condemnation of Scott Pacific r"`..' a. ;s Washington ,. ..„..:4�a;:y`,.:.,;, Properties for Lake . Beach expansion ;.,- .;,,_:,,.. : :`: Dear Jim: ' - .':• .! 1:.:'-'7? ; ' You are, u doubtedly aware that the City has been acquiring various ! . parcels, a ong Lake Washington in connection with its expansion . . ; . y; '' plans for its beach and recreational facilities. The last parcel 1 ^ ..,:._ L'` now in condemnation is owned by Scott Pacific et al and the jury - k-, ^-.'- +^° -:L` verdict of 8828,000. is in excess of the City's appraisal. The .<.• ;;._-,i.,. matter is now on appeal and is being handled by John K. Pain, Jr. .._. - ,: in our Of ice.• More than one-half of the funds for the acquisition F•.=� :,,,'`' ,. '''',':...'_ will be d rived from federal, state and Forward Thrust contributions. ..• • ` -2'+. - '' ' If the ,Ap ellate Court affirms the trial court in all respects , iti „ . ,.., •,• ., 1 .;,:.: would app�' ar that the City would need about $300 ,000. to complete . •*" - the funding. The City Council is therefore contemplating issuing '', r_ Counoilm io bonds in said 'amount. We would therefore appreciate it -1- ' '�'`='' if you;wd'uld contact the Mayor and Gene Coulon to discuss the matter . = ."- further since the matter of timing will be important. It is anti • : " • '' cipated that the appeal will not come up for hearing until several •' months: from now and interest en the judgment will commence upon final.: action by� the Appellate Court. The City wants to be in a position .. ',, to have he proceeds from the bonds available so as to avoid '!: -� , .: . unnocess y interest on that .large a judgment. :'' .. If we can' be .of any further assistance .to you in this matter pleas :" let us ow. ., ' .,",,; •.M; , . We re ;,. • :` ` y'`,• Very truly ours, ! ':,' , •. :,. 7,,: .< '; ,: Gerard M. Shellan r; �:. ` .x., '1: .GMS 3 ds :'' • • • ? , - 'I' ,tom'"r i ... • .i• _ I, l!, A,,yr ad-kJ /4. fir , P Yee; J AV RESOLUTION NO . /7A51 AJHEREAS it is necessary and advisable to transfer the belowspecilied funds. for the purpose of payment of services on 'th- Scott-Pacieic property, Lake Washington Beach Park Addition , and such transfer being necessary and in the public interest and for the public benefit, NOW THEREFORE M :E IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RE TON , WASHINGTON , AS FOLLOWS : .ECTION I : The City Clerk is hereby authorized and directed to make th- following transfer: ROM: CUMULATIVE RESERVE FUND NO. 1689 , ACQUISITION AND DEVELOPMENT OF PARK SITES: 110/533.20.61 $4 ,459 . 75 NTO : PARK FUND 101/533/50/61 $4 ,459 . 75 "ASSED BY THE CITY COUNCIL this JP°7 Tj day of September , 19 71 L-1/„Z,47L-e-,;)_ Helmie Nelson, City Clerk APPROVED BY THE MAYOR this "/'' day of September ' , 19 71 • �ailliam J Grant, Mayor Pro tern + Appr ed as to Fo • /eel/4M' e r e an, ity t orney -A4,4) -'''- A7-_ . i / • INTER-OFFICE MEMO • • • TO : Gene 0 __•.. k Ie.artment DATE Au:ust 7 197 11 FROM: Gerald M. Shellan, City Attorney RE: Proj:ct No . Wash-OSA-99(G) [Scott-Pacific Terminal Property] Dear Gene: We ade handing you herewith original and two copies of our letter of opin on which is basically the same that we issued on July 30l 1969 rega ding a similar project. Please also refer to our lettelr of July 30 , 196hand keep in mind that Section 8 of the "Contrac for Gran ' " may/Ee applicable in case of condemnation. In such lat er case the City would pass a resolution and record same with th Audi or . Plea-e also verify the legal description of the property to b acqu'red. We r=main Gerard M. Shellan bc : C ty Clerk City Attorney 41e-2 COMMITTEE OF THE WHOLE REPORT 7- )4,4 AUGUST 16 , 1971 - ; g//6/-11 The Committee of the Whole concurs in the City Attorney ' s, recommendation regarding the Scott-Pacific property and authorizes the City Attorney to proceed to appeal the - - case in the event that the motion for new trial is denied. 17, —414(/ ' ,c-•• Council President Grant WJG:mp , I el r 444/ 1 •.. • ijippj "O1F�F.ICE NO1F`TIIE CITY ATTORNEY • R.ENTO ;11'ASHINGAT'O' " .POST OFFICE BOX 62'6, 100 2ND STREET BUILDING,.RENTON, WASHINGTON 98055;ALPINE -:8678 GERARD,M. SHELLAN. CITY ATTORNEY ;i ' JOHN K.'rAvii JR. ASSISTANT� CITY ATTORNEY`' .'1, ' `1, May 9, • . • 1 • ili ,. ' .'‘ : ,` , ''. r - , '., • •• • .:, . . . . . .. . . . .. i . " -; v6). . 0' 0' , •. 'Al112-1. • . •, • _ . . ,',.; .1• ":. ... •• l' -; -. • '- "' •''-, ' ,2,'''':- :'•••=• r,..-:;:. •z ..--,- • . .,JitipP, (jc , I /..: ." ..: •••• '' . - . Gene Coulon, Director - • t.- arks 8 Recreation Department . . . ... , .. ,. . 1 ity Hall • 7.:'. . °enton, Washington 98055 1. • • i , - Re: Lake Washington Beach Par • Add'n #3 .Scott-Pacific Proper Y- - ` ' . . �s-ar Gene: ' . . . :�.`. • hank you for your letter brought 'to our-off ice today to- : ' ' 1 gether with the proposed contracts with- the Interagency ' - committe 'for 'Outdoor. Recreation. ' Our comments would- be s f©llowes z i 1. .. - You may want to consider having more than. one ;..j. , ;,, .:'., appraisal of this property' to be' sure any request® for : ' , funding is based on the higher appraisal. You might ,als "L ; . ,... ;:.: ,' ' • want to talk to John Pain since he undoubtedly could ,reco _,. . ;` ' snort anothercompetent appraisers ;,.. '., . ' 2. In reference 'to the requested deed •reservations as ., specified in subparagraph a, page 5, we again .point out, hat . . if the property is acquired by negotiation. that most lik-ly ITierewill not be any problem to insert such a' clause in. . he ' ..' deed or oontx!act, however, in the case of eminent 'dog n . = ' ' ' property, no deed is issued but a udgementoandb ecree 0 • ly. ' In such case ;such restriction, as we be covered by a separate resolution passed and approved y the` ' Mayor and City Council, which resolution should thenbe _ ecorded fi with 'the King County Auditor's office. This should be a plained . . . '-to the state agencies since they may not be familiar wit the . legal ramifications or legal procedures• M . I . • r ° , •1 3 . I noticed in IAC's letter of March 26, that their lest paragraph on page one makes approval of the project contingent. on 50% matching funds by HUD; at least that par - g aph may so indicate although the contract itself does no s.-em to specify such contingency. You should make sure as to wiether Ht1D's participation is a condition precedent to IA 's co-funding of 25% . We believe this should be spelled out'.4o a-oid any possible difficulty later on. W- remain Very truly yours, Gerard M. Shellan City ATtorney G S:bjm b : City Clerk ' 1 I _5.— .1 . V; (.,/,(../ ---- '-'.-) - Ja-4-4.) I _./ ,k a)e-d- ty -1/ ) 61---,--1PLIA, ___ ' //14711f • i... / v //i, ,62,y-04)PROJECT AGREEMENT P.roj :ct Title Lake Washington Beach Add. #3 Project Number 4KNG-70-016A . 1 . Nature of Agreement. This instrument, in 10 pages, of which this is the first, is intended to set out the terms and conditions, not otheriise appearing in statutes or regulations, of a grant of money from the 0 tdoor Recreation Account of the General Fund of the State of Wash- ingto to a state agency or local public body, herein called the Contract- ing Party, in aid of an outdoor recreation project. The state agency . administering the grant is the Interagency Committee for Outdoor Recreatio , herein called the Interagency Committee. 2 Assent of Contracting Party. The Contracting Party by the signat re of its authorized representative below agrees to be bound by thi • instrument: City of Renton Contracting Party Approve• as to form This 1$ day • of I , 19 __ICZZie,,,J±. By 1 Title Mayor / // __ _L. 9 c Date �0.1�� 7e' Attor ey for4 / �r Con t r-ct i ng Party Attest: -&-e ., , f1 c) City Clerk 3. Assent of Interagency Committee. The signature of the Adminis- trator o the Interagency Committee below witnesses that the Interagency Committe: agrees to be bound by this instrument: Approved :s to form STATE OF WASHINGTON • This 3 A9 day Interagency Committee for Outdoor Recreation of LPL , 19 7a SLADE GOR ON Attorney Generals_- i A ministrator J 1,:t Date: �, �/- Assistant attorney G eral Terms of Agreement. This agreement shall be in effect for the perio. from March 3 , 19 .70 until March 3 , 19 71 % . Project Assisted. The outdoor recreation project to be assisted i,s the one set out in the Contracting Party's Application to the Inter- agenc Committee, dated December 23, 1969 , as approved for fun.- ing b the Interagency Committee at its meeting on the 3rd day of March . , 19 70 . For identification purposes it is entitled Lake ashinqton Beach Addition #3 and briefly described as follows : This project agreement is for the acquisition of approximately 11 .8 acres of land located on Lake Washington in northwest Renton, Washington.. The leg :l description of the subject property is attached to this agreement as 9 and 11 . 6. Funding of Project . (a) The total cost of the project covered .y this agreement is $ 525.000 (b). he Interagency Committee agrees to pay $ 131,250 or 25 percent of the total project cost, whichever amount is less, fro monies available in the Outdoor Recreation Account of the State Gen ral Fund. (c) In addition, the Interagency Committee agrees to recommend to the Bu eau of Outdoor Recreation, United States Department of Interior, that fede al matching funds in the amount of $ N.A. or N.A. percent of the estimated cost, whichever amount is less, be approv d for this project, and the Interagency Committee agrees to pay to the Contracting Party any federal matching money made available to the Stare of Washington for the outdoor recreation project covered by this ag eement . 7. Contingencies . The duty of the Interagency Committee to approve disburseme t of funds pursuant to this agreement is contingent upon strict compliance by the Contracting Party with the terms of this agreement .. 2 The d ty of the State of Washington to disburse funds is contingent on the f nds being available in the Outdoor Recreation Account of the State General Fund. Requirements of Bureau of Outdoor Recreation. If application has ben made to the Bureau of Outdoor Recreation, United States Depart- ment •f Interior, for assistance from the United States Land and Water Conse ation Fund (see paragraph 6 (c)) then a copy of Attachment 1 to Form BIR 8-92, Land and Water Conservation Fund Project Agreement, General Provisions, is attached to this agreement and marked "Attachment A". If United States Land and Water Conservation Fund money is made available for th s project, the Interagency Committee will be required to sign an agreement with the Bureau of Outdoor Recreation and the State of Wash- ington and the recipient public body will be bound by the attached pro- vision• . Therefore, if Land and Water Conservation Fund money is in- volved in this project, then the Contracting Party agrees to faithfully comply with all the requirements of Attachment A. 9. Project Performance. The Contracting Party shall execute and complet- the approved project in accordance with the time schedule set forth i the project application. Unless a different schedule appears in the application or in this agreement, the contractor's performance shall commence not later than sixty days after the date this agreement has bee signed by the Administrator. Unless otherwise agreed in writing, the Contracting Party's performance shall be completed by the end of the period layered by this agreement . 10. Project Administration. (a) The Contracting Party shall promptly submit such reports as the Administrator of the Interagency Committee may request. (b) Property and facilities acquired or developed pursuant to this agreemen shall be available for inspection by the Administrator upon request. (c) The Contracting Party shall submit a final report when the project is completed or prematurely terminated, or project assistance is terminated. The repo t shall include a final accounting of all expenditures and "a description of the work accomplished. If the project is not completed, the report shall contain an estimate of the percentage of completion, and shall indicate he degree of usefulness of the completed project, if not previous] reported. The report shall contain a final accounting summarizing all ex- penditure• not previously reported and shall include an overall summary for the e tire project . 11 . "ro'ect Termination. All obligations of the Interagency Committee under thi , agreement may be suspended or canceled, at the option of the Interagen•y Committee, if any of the following has occurred: (a) he Contracting Party has failed to make satisfactory progress to complet the project, or will be unable to complete the project, or any portio of it . 3 _ ) lb) The Contracting Party is failing to make satisfactory progress to co plete any other project assisted with funds from the Outdoor Rec- reati•n Account of the State General Fund, or will be unable to complete • another such project, or any portion of it . ( ) The Contracting Party has made misrepresentation in its application or in any other information furnished to the Interagency Commit ee' in connection with this project . 12 Remedies . Because the benefit to be derived from the full compli.nce with the terms of this agreement is the preservation, pro- tectio , and the net increase in the quantity and quality of public outdoo recreation facilities and resources which are available to the peo.le of the state and of the United States, and because such benefit exceeds to an immeasurable and unascertainable extent the amount .f money furnished under the terms of this agreement, the Con- tracting Party agrees that repayment of an amount equal to the amount of assi • tance extended under this agreement by the state of Washington would b: inadequate compensation for any failure to comply with the terms o this agreement. . The Contracting Party agrees, therefore, that in the ;vent of a breach of this agreement by it, specific performance shall b= an appropriate remedy. 13 . Restriction on Conversion of Facility to Other Uses . The Contracting Party shall not at any time convert any property or facility acquired or developed pursuant to this agreement to uses other than those for whic state assistance was originally approved without the prior approval of the Interagency Committee, in the manner provided by RCW 49.94 .100 for marine recreation land, whether or not the property was acquired with Initiative 215 funds. 14. Use and Maintenance of Assisted Facility. The Contracting Party shall operate and maintain, or cause to be operated and maintained, the property or facilities which are the subject matter of this agreement, as follow. : (a) The property or facilities shall be maintained so as to appear attractive and inviting to the public. (b) Sanitation and sanitary facilities shall be maintained in accord- ance with applicable state and local public health standards. (c) he property or facilities shall be kept reasonably safe for public use. (d) :uildings, roads, trails, and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime, so as to p.event undue deterioration that would discourage public use. (e) he facility shall be kept open for public use at reasonable , hours and times of the year, according to the type of area or facility. 4 Reporting. Once a year, the Contracting Party shall certify to the Administrator that the project and all assisted facilities are being retai ed, operated, maintained, and used in accordance with the terms of this _greement. A report and certification wi.11 be partially prepared by the Interagency Committee and will be sent to the Contracting Party for c• pletion. The Contracting Party shall also report on specific matter, whenever requested to do so by the Administrator. • 16 No Waiver by Interagency Committee. The Contracting Party agrees that failure by the Interagency Committee to insist upon the strict performance of any provision of this project agreement or to exerci -e any right based upon a breach thereof, or acceptance by it of performance during such breach, shall not constitute a waiver of any of its rights under this project agreement . 17 . Identifying Markers . The Interagency Committee reserves the rig t to display, during the period covered by this agreement and after project completion, appropriate signs or markers identifying the rol -s of the state and federal agencies participating financially in this project . 18. Disbursement of Assistance. Disbursement of the grant-in-aid shall b= made in accordance with WAC 286-24-040, after the Contracting Party has furnished the Administrator such information as he shall deem necessa to .show compliance with applicable statutes and rules and this agreemen . 19. Provisions Applying Only to Acquisition Projects . The following provisio s shall be in force if, the project covered by this agreement is for the .acquisition of outdoor recreation land or facilities, but shall not appl when the project is for development only: (a) Evidence of Land Value. Prior to disbursement of the assistance provided for in this agreement, the Contracting Party shall supply evidence establishing to the satisfaction of the Administrator that the land acquis- ition cos represents a fair and reasonable price for the land in question. (b) Evidence of Title. The Contracting Party shall be responsible for provi • ing satisfactory evidence of title or ability to acquire title for each .arcei prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstra•ts, and attorneys' opinions establishing that the land is free from any i pediment, lien, or claim which would impair the uses contemplated by this agreement . (c) 'ecital in Deeds . The Contracting Party shall require that every deed or other instrument of conveyance of land acquired for this project wish state assistance shall contain the following provision: ' This conveyance is made in consideration of money •oming in whole or in part from the Outdoor Recreation Account of the General Fund of the State of Washington. T e purchaser takes subject to the obligations of the project agreement contract between it and the Washington S ate Interagency Committee for Outdoor Recreation dated ( nsert date of this agreement) , copies of which are in possession of the purchaser and the Interagency Committee. T e project agreement contract provides, among other 5 things, that the purchaser shall not at any time convert this property to uses other than for which state assistance was originally granted unless it has obtained prior approval of the Interagency Committee for Outdoor Recreation in the manner required by RCW 43 .99 .1 00 for marine recreation land, whether or not the property is marine rec- reation land." 20. Provisions Applying Only to Development Projects . The folio ing provisions shall be in force if the project covered by this agreenent is for development of outdoor recreation land or facilities, but stall not apply when the project is for acquisition only: (.) Compliance with the Law. 'The Contracting Party shall comply with a 1 laws and regulations applicable to the development project and to contracts for work done to carry it out. (o) Compliance with Application. Unless otherwise agreed to in writin• by the Administrator, the project shall be carried out according to the plans and proposals submitted by the Contracting Party in, or in connection with, its application for assistance for the project . (c) Installment Payments . Assistance provided by this agreement for dev-lopment may be remitted to the Contracting Party in installments, after r-ceipt of billings, and upon satisfactory proof of completion of each st.:ge of construction or development . Determination of appropriate stages or installment payments shall be made by the Administrator, after consult tion with the Contracting Party and with the approval of the Bureau of Outdoor Recreation, if United States Land and Water Conservation Funds are involved. Installment payments shall in no event be made more frequent] than monthly. An amount equal to 10% of the funding assistance provided the Contracting Party by this agreement for eligible development costs may be withheld until final inspection and certification of project completion is made my the Interagency Committee and approved by the Bureau of Outdoor Recreation. (d) Contracts for Construction. Contracts for construction shall be awarded through a process of competitive bidding if required by state law. No contract required to be let after competitive bidding shall be awarded u til approved by the Administrator. Copies of all bids and contracts awarded shall be retained for inspection by the Administrator upon request . Where all bids are substantially in excess of project estimates the Adninistrator may, by notice in writing, suspend the project a d 'refer the matter to the Interagency Committee for deter- mination of appropriate action, which may include termination of assistance for development of the project. (e) Chan e Orders . Any change orders shall be in writing and shall be m.de a part of the project file and kept available for in- spection or audit upon request . • • (f) Nondiscrimination Clauses . Except where a non-discrimination claus- required by the United States is used, the Contracting Party shall inser. the following nondiscrimination clause in each contract for con- . strut ion of this project: "During the performance of this contract, the Contractor agrees as follows : "(1 ) The Contractor will not discriminate against any employee or applicant for employment be- cause of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, with- out regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: em- ployment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees .to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The Contractor will , in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all quali- fied applicants will receive consideration for employment without regard to race, creed, color, or national origin, "(3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other con- • tract or understanding, a notice, to be provided by the agency contracting officer, advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment . "(4) me Contractor will include the v,'ovisions of the foregoing paragraphs in every sub-contract exceeding . $5,000, so that such provisions will be binding upon each such subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Interagency Committee may direct as a means of enforcing such provisions, in- cluding sanctions for noncompliance; Provided, how- ever, that in the event the Contractor becomes in- volved in, or is threatened with, litigation with a. subcontractor or vendor as a result of such dir- ection by the contracting agency, the Contractor may request the State of Washington to enter into such litigation to protect its interests ." 21 . Notices . All notices, demands, requests, consents, approvals, and of er communications which may or are required to be given by either party o the other under this agreement shall be in writing and shall be dee ed to have been sufficiently given for all purposes when delivered or rnai ed by first class postage or certified mail , postage prepaid, addres•ed as follows: • (.) Notice to the State To: Interagency Committee for Outdoor Recreation P. 0. Box 1489 Olympia, Washington 98501 or at s ch address as the Interagency Committee shall have furnished to the contracting Party in writing. (b) Notice to the Contracting Party To Gene L. Coulon , who serves in the capacity of Director of Parks and Recreation for the Contracting Party, a d who has been designated as the Contracting. Party's liason officer or the purposes of this agreement, or to such other officer or addre.s as the Contracting Party shall have furnished to the Administ ator in writing. 22 . £dditional Provisions, or Modifications of Standard Provisions . 8 • LEGAL oESCRIPTION LAKE WASHINGTON BEACH ADDITION / 3 "A" • • TRACT 5 OF THE •COMMI SSI OMER' S MAP APPROVED BY DECREE ENTERED OCTOBER 19, 1923 IN KING COUNTY SUPERIOR COURT CAUSE NO. 156371, • • THE MET S AND BOUNDS DESCRIPTION FOR SAID TRACT 5 APPROVED • BY SAID DECREE BEING AS FOLLOWS: A PARCE 'OF 2ND CLASS SHORELANDS ABUTTING UPON GOVERNMENT LOT 2 IN SEITION 5, TOWNSHIP 23 NORTH, RANGE 5, EAST, W.M. , IN KING CO NTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCI G AT A POINT SITUATED UPON THE WESTERLY BOUNDARY LINE OF THE NORTHERN PACIFIC RAILWAY "BELT LINE" RIGHT OF WAY, WHICH' POINT BEARS SOUTH 58'50118" WEST 135.629 FEET FROM THE STONE MONUMENT AT THE POINT OF INTERSECTION OF THE GOVERNMENT MEANDER LINE WIT THE NORTH BOUNDARY LINE OF SAID LOT 2: RUNNING THENCE SOUTH 58' 50' 18" WEST 244.835 FEET TO THE INNER HARBOR LINE: THENCE SOUTH 40°35' 00" EAST ALONG THE INNER HARBOR LINE .118 FEET TO AN ANGLE POINT IN SAID INNER HARBOR LINE: THENCE SOUTH • • 19°45'00' EAST, CONTINUING ALONG THE INNER HARBOR LINE: 1215.467 FEET: THENCE NORTH 6926' 56" EAST 305.683 FEET TO THE WESTERLY BOUNDARY LINE OF SAID RIGHT OF WAY: . THENCE NORTH 19°21 '48" WEST ALON SAID BOUNDARY LINE 739 .113 FEET TO THE BEGINNING POINT OF A CURVE.: THENCE TO THE LEFT ON THE ARC OF A CURVE • HAVING A 'ADIUS 1860.08 FEET AND THE LONGCHORD OF WHICH ARC BEARS NOR H 27°28' 58" WEST 527 .097 FEET TO THE POINT OF BEGINNING: TOGETHER ITH THAT PORTION, IF ANY, OF SAID GOVERNMENT LOT 2, LYING (THIN THE METES AND BOUNDS DESCRIPTION FOR SAID TRACT 5. • • A PARCEL OF 2ND CLASS SHORELANDS ABUTTING UPON GOVERNMENT LOT 3 1N SECTION 5, TOWNSHIP 23 NORTH, RANGE 5, EAST, W.M. , IN KING COUNT , WASHINGTON, ACCORDING TO THE COMMISSIONER' S MAP FILED IN NG COUNTY SUPERIOR COURT CAUSE NO. 156371 , WHICH MAP AND TH, SEVERAL METES AND BOUNDS DESCRIPTION FOR SAID PARCEL WERE APPRO ED BY DECREE ENTERED OCTOBER 19, 1923 IN SAID CASE NO. 156371, THE PROPER METES AND BOUNDS DESCRIPTION OF SAID PARCEL OF AND CLASS SHORELANDS, BASED ON SAID COURT DECREE, , BEING AS FOLLOWS: BEGINNING '' A POINT ON THE WESTERLY BOUNDARY LINE OF THE NORTHERN PACIFIC RAI WAY "BELT LINE" RIGHT OF WAY AS LOCATED AND ESTABLISHED BY SAID COURT DECREE, SAID POINT BEARING SOUTH 69`'26'56" WEST • .39 .421 FEET FROM THE STONE MONUMENT AT THE POINT OF INTERSECTION OF THE GOVE'NMENT MEANDER LINE WITH THE NORTH BOUNDARY LINE • • OF SAID GOVERNMENT LOT 3: THENCE SOUTH 65' 26'56" WEST 305.683 FEET TO THE INNER HARBOR LINE: THENCE SOUTH 19''45' 00" EAST . ALONG THE INNER HARBOR LINE 2.77 .006 FEET: THENCE NORTH 80°25'29" EAST 303 ,23E FEET TO THE WESTERLY BOUNDARY LINE. OF SAID RAILWAY • - RIGHT OF WA : THENCE 'NORTH 19:21 '48" WEST ALONG SAID WESTERLY BOUNDARY UV.N`- 335.737 FEET TO THE POINT OF BEGINNING: 9 I „ .. . :, . LE AL DESCRIPTION LAKE WASHINGTON BEACH ADDITION #3 • PAI E 2 TO:ETHER WITH THE UPLANDS, IF ANY, WITHIN THE METES AND BOUNDS DE'CRIPTION LAST ABOVE SET FORTH: TH: FOREGOING DESCRIBED LAND CONSTITUTING A PARCEL OF LAND SOMETIMES DESCRIBED AS LOTS 1 TO 9, INCLUSIVE, BLOCK 360 OF C. D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 5, AND THE ADJOINING 2ND CLASS SHORELANDS, ACCORDING TO THE CO. ISSIONER' S MAP APPROVED AND FILED IN KING COUNTY SUPERIOR COU'T CAUSE NO. 156371 . "CH ALL THAT PORTION OF LOTS 10 TO 22, INCLUSIVE, BLOCK 360, AND LOT. 1 TO 4, INCLUSIVE, BLOCK 361 OF C.D. HILLMAN'S LAKE WASHINGTON - GARDEN OF EDEN DIVISION NO. 5 AND ADJOINING 2ND CLASS SHORELANDS, ACCORDING TO THE COMMISSIONER'S MAP APPROVED AND ON FILE IN KIN: COUNTY SUPERIOR COURT CAUSE NO. 156371, AND DESCRIBED AS 'OLLOWS: • BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 4, :LOCK 361, SAID C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDE DIVISION NO.. 5, WITH THE WESTERLY BOUNDARY LINE OF THE NORT ERN PACIFIC RAILWAY RIGHT Of WAY: THENCE NORTH 76°11 '06” WEST 42.65 FEET: THENCE NORTH 20 43 '26" WEST 622.29 FEET, MORE OR L SS, TO A POINT ON THE SOUTHERLY BOUNDARY OF LOT 9, . BLOCK 360: THENCE NORTH 8CP 25'29" EAST 51 .22 FEET, MORE OR LESS, . ALON, THE SOUTHERLY BOUNDARY OF LOT 9 TO THE WESTERLY BOUNDARY OF T E NORTHERN PACIFIC RAILWAY RIGHT OF WAY: THENCE SOUTH 19°2 '48" EAST ALONG THE WESTERLY BOUNDARY OF THE NORTHERN PAC.4 " IC RAILWAY RIGHT OF WAY 636.75 FEET, MORE OR LESS, TO THE "OINT OF BEGINNING. iv! ALL HAT PORTION OF LOTS 5 TO 26, INCLUSIVE, BLOCK 361 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 5, AND ADJOINING 2ND CLASS SHORELANDS ACCORDING TO THE COMMISSIONER'S MAP £.PPROVED AND ON FILE IN KING COUNTY SUPERIOR COURT CAUSE NO. 1 6371, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGIN ING AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 24, B OCK 361, SAID C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ' IVISION NO. 5, WITH THE WESTERLY BOUNDARY LINE OF SAID NORTH RN PACIFIC RAILWAY RIGHT OF WAY: THENCE SOUTH 19°21 '48" EAST ,5 FEET ALONG THE WESTERLY BOUNDARY OF SAID. RIGHT OF WAY: THENC: SOUTH 70°38' 12" WEST 15.78 FEET: THENCE NORTH 20°43'26" WEST :39.00 FEET, MORE OR LESS TO A POINT ON THE NORTH BOUNDARY OF SA D LOT 5: THENCE. SOUTH 76°11 '06" EAST ALONG THE NORTH BOUNDARY OF LOT 5 A DISTANCE OF 42.65 FEET, MORE OR LESS, TO THE W:STERLY BOUNDARY OF THE NORTHERN PACIFIC RAILWAY RIGHT OF WA : THENCE SOUTH 19°21 '48" EAST ALONG THE WESTERLY BOUNDARY OF THE NORTHERN PACIFIC RAILWAY RIGHT OF WAY 760.42 FEET, MORE OR LE S, TO THE POINT OF BEGINNING. 10 `'.-//()7/7e °v •� z PARKS cS. RECREATION D PA RTM ENT•RENTUN,WASHINr[U `" 04 CITY HALL, RENTON,WASHINGTON 98055 • ALPINE 5-3464 4, • sA0R] CAP TAB 0. April 23, 1970 cn "4/7-1,0.- -1e. - `71/2 /70 Mayor Avery Garrett • and Members of the City Council Renton, Washington Re: Lake Washington Beach Park Additions % c '"7 Wi lcox & Associates, Inc. .$2,085 Gent 1 emenV The Park Board has instructed me to request a trans- fer from Cumulative Reserve Fund #1689, Acquisition and Development of Park Sites, to Park Fund 1710, Capital Outlay 605, in the amount of $2,085. This amount is due Wilcox & Associates, Inc., for the following services: Appraisal Service fee - Scott Pacific Terminal prop- erty - Lake Washington Beach Park Addition #3 - $150.00 Preparation of Condemnation Appraisal, Pre-Trial Confer- ence and Litigation Services - Foss-Dillingham property in the amount of $1,935.00 Respectfully, • Gene L. Coulon cc: Helmie Nelson Director • 4 • WILCOX & ASSOCIATES , INC . Real Estate,Insurance and Tax Appraisals ^ Counseling • Land and Right of Way Acqu'sition GENERAL OFFICE: �7 1026 LAKE WASHINGTON BLV . 5.E. Donald A. WYW'lcox,!1'f.A•I,,S.R.E.A. February 10, 1970 0 P.O. BOX 823, BELLEVUE, WASH. 98004 P-.ESIDENT AREA CODE 206-GLENCOURT -2448 Ref. No. 2443-B Mr. Gene L. Coulon, Director • Par s and Recreation Department Cit' Hall Ren on, Washington 98055 • Re: Scott Pacific Terminal Property on Lake Washington • APPRAISAL SERVICE FEE $150.00 • WILCOX & ASSOCIATES, INC. Donald A. Wilcox, M .A.I. , Appraise' REcEWED • 2- FEB 1 11970P • / ,,A WILCOX & ASSOCIATES, .INC. • Real Estate, Insurance and Tax Appraisals • Counseling • Land and Right of Way Acquisition GENERAL OFFICE: 1026 LAKE WASHINGTON BL)D. S.E. • Donald A. 1 ilcox,ALA.1.,s.R.r•,A, February 10, 1970 • P.O. BOX 623, BELLEVUE, WASH. 98004 •RESIDENT AREA CODE 206-GLENCOURT 4.2448 • Ref. No. 2443-D • • M . Gene L. Coulon, Director • Pa ks and Recreation Department CiyHall Re ton, Washington 9.8055 Re: Dillingham Property • • • • Pr-paration of Condemnation Appraisal,, Pre-Trial • Conference and Litigation Services • $1,935.00 • • WILCOX & ASSOCIATES, INC. • • Donald A. Wilcox, M .A.I. , Apprai•er • , 1ll^ • .\ r‘ WI EivE �_ _g 2- FEB 1 119700 --- CITY OF RENTON ��/ 2; FEE,;S DEPT. . / �'/ I � �\!j U \O 4 , fir PARKS & RECREATION DEPARTMENT•RENTON,W ASHINGTON CITY HALL, RENTON,WASHINGTON 98055 • ALPINE 5-3464 94,SAoRl 4 OE t�� CAPITA February 5, 1970 E : : lan r. erard M. O� et n J ;Re: Scott-Pacific property � �" " Dear Jerry: As discussed with you briefly last Monday evening, I held up on submitting an application to .HUD on the Scott-Pacific property pending the court decision on the Dillingham holdings. As you will recall, you had prepared a Resolution and an Opinion of Counsel in connection with this applica- tion, but due to the court action regarding the worth of the property, I am asking that you review the en- closed Resolution to be used with the application to be submitted now. I am enclosing a copy of the Resolution as required by HUD and which was previously approved by you. As you will note, the only change is in the amounts contained in the proposed Resolution. I am also enclosing a copy of the application to be submitted to HUD. Dates will be filled in after passage of Resolution. I shall con- tact you later regarding Opinion of Counsel . Your help in ,this matter is appreciated. i merely, Ion 4* - L. oulon enc. �70 Director . AA)/ G ' 47/.:6-v_/_i_01/U A3/5/70 Mr. Shellan !� 60, 4e —1 4 In girder to .finalize the purchase of the Beach property it will be necessary to have re:.olutions on the following: Traisfer from Cum. Res. Fund 7r1689 (Park Acq. ) $27,395.81 UNT : Lake Washington Beach Forward Thrust Fcurd #2100, Acct. 601-Land Acquisition 8 'r7,395,8I Re.olution to borrow ,1! (4 irtterest. • FROM: Cedar River Acqui ;ition Fund 1 '9,4r15,i5 Fll )M: Cum. Iles. Fund "I0 4 3,908. 58 • 111 )M: Waterworks It i I i ty Fund 180,000.00 U,.TO: Lake.Washington Beach Forward Thrust Fund %210u0 Acct. 601-Land Acquisition 3 5,554.35 • • As soon as a eterminat.ion has been made on the remaining ,judgonrc•rrt costs it will be necessary to :lave an Ordinance appropriating and transferring from Surplus Fund B: lance in the Park ind UNTO: Park Forward Thrust Fund 2200, Acct. 601-Land Acquisition the amount of $ 71 ,000.00 and another resolution bellowing i;15,902.62 from a source still be he determine( UNTO: Park Forward Thrust Fund I 200, Acct . 601-I ,nul Acquisition, ' PARKS & RECREATION DEPARTMENT RENTONJ WASHINGTON celjp...fic4 Date January 7. 1970 TO: Gerard M. Shel l an FROM: Gene Coulon SUBJECT: Lake Washington Beach Park addition - Scott-Pacific property I have completed an application to the U. S. Department of Housing and Urban Development for grant to acquire land for open space. As a part of our application, it is necessary that we have a Resolution authorizing same. We will also need a written Opinion of Counsel covering this project but I shall submit this to you at a later date, once the Resolution, etc., has been passed. I am transmitting herewith a copy of the Resolution as required by HUD and which was approved by you in connec- tion with the purchase of the Baxter property. I am also enclosing a new Resolution, with the proper amounts indi- cated for this transaction, for your approval . I am attaching copy of application which will be submitted to HUD. I have filled in no dates because they have to be after the passage of the Resolution. enc. cc: Helmie Nelson ;i i / _ ' i C _ .i ._ /,;_i, '' Ji, / / / `%% i/}' / yr NILri • 0. • • 11111, • d I� IMMINSIMIMMIMM 1 1 • INDU,>TRIAL INDEMNITY INLAND MARINE POLICY CONTIONS 1. Misrepresentation and Fraud. This entire policy shall be void if, 10. Protection of Property. In case of loss, it shall be lawful and whether before or after a loss, the Insured has concealed or misrepre- necessary for the Insured, his or their factors,servants and assigns, to sented any material fact or circumstance concerning this insurance or sue, labor, and travel for, in and about the defense, safeguard and the subject thereof, or the interest of the Insured therein, or in case of recovery of the property insured hereunder,or any part thereof, with- any fraud or false swearing by the Insured relating thereto. out prejudice to this insurance, nor shall the acts of the Insured or the 2. Notice of Loss. The Insured shall as soon as practicable report in Company, in recovering, saving and preserving the property insured writing to the Company or its agent every loss, damage or occurrence in case of loss be considered a waiver or an acceptance of abandon- which may give rise to a claim under this policy and shall also file with ment. The expenses so incurred shall be borne by the Insured and the the Company or its agent within ninety(90)days from date of discovery Company proportionately to the extent of their respective interests. of such loss, damage or occurrence, a detailed sworn proof of loss. 11. Suit. No suit, action or proceeding for the recovery of any claim 3. Examination Under Oath. The Insured, as often as-may be reason- under this policy shall be sustainable in any court of law or equity ably required, shall exhibit to any person designated by the Company unless the same be commenced within twelve (12) months next after all that remains of any property herein described,and shall submit, and discovery by the Insured of the occurrence which gives rise to the in so far as is within his or their power cause his or their employees, claim, provided however, that if by the laws of the State within which members of the household and others to submit to examinations under this policy is issued such limitation is invalid, then any such claims oath by any person named by the Company and subscribe the same; shall be void unless such action, suit or proceeding be commenced and, as often as may be reasonably required,shall produce for exam- within the shortest limit of time permitted by the laws of such State. ination all writings, books of account,bills,invoices and other vouchers, 12.APPRAISAL. IF THE INSURED AND THE COMPANY FAIL TO AGREE AS TO or certified copies thereof if originals be lost, at such reasonable time THE AMOUNT OF LOSS,EACH SHALL,ON THE WRITTEN DEMAND OF EITHER, and place as may be designated by the Company or its representative, MADE WITHIN SIXTY (60) DAYS AFTER RECEIPT OF PROOF OF LOSS BY THE and shall permit extracts and copies thereof to be made. No such exam- COMPANY,SELECT A COMPETENT AND DISINTERESTED APPRAISER,AND THE ination Under oath or examination of books or documents, nor any other APPRAISAL SHALL BE MADE AT A REASONABLE TIME AND PLACE. THE act of the r Company or anyof its employeesocor rt representatives nves i APPRAISERS SHALL FIRST SELECT A COMPETENT AND DISINTERESTED UMPIRE, P YP AND FAILING FOR FIFTEEN(15)DAYS TO AGREE UPON SUCH UMPIRE,THEN, connection with the investigation of any loss or claim hereunder, shall ON THE REQUEST OF THE INSURED OR THE COMPANY,SUCH UMPIRE SHALL be deemed a waiver of any defense which the Company might other- BE SELECTED BY A JUDGE OF A COURT OF RECORD IN THE STATE IN WHICH wise have with respect to any loss or claim, but all such examinations SUCH APPRAISAL IS PENDING.THE APPRAISERS SHALL THEN APPRAISE THE and acts shall be deemed to have been made or done without prejudice LOSS,STATING SEPARATELY THE ACTUAL CASH VALUE AT THE TIME OF LOSS to the Company's liability. AND THE AMOUNT OF LOSS,AND FAILING TO AGREE SHALL SUBMIT THEIR DIFFERENCES TO THE UMPIRE.AN AWARD IN WRITING OF ANY TWO SHALL 4.VALUATION. THE COMPANY SHALL NOT BE LIABLE BEYOND THE ACTUAL DETERMINE THE AMOUNT OF LOSS.THE INSURED AND THE COMPANY SHALL CASH VALUE OF THE PROPERTY AT THE TIME ANY LOSS OR DAMAGE OCCURS EACH PAY HIS OR ITS CHOSEN APPRAISER AND SHALL BEAR EQUALLY THE AND THE LOSS OR DAMAGE SHALL BE ASCERTAINED OR ESTIMATED OTHER EXPENSES OF THE APPRAISAL AND UMPIRE. THE COMPANY SHALL ACCORDING TO SUCH ACTUAL CASH VALUE WITH PROPER DEDUCTION FOR NOT BE HELD TO HAVE WAIVED ANY OF ITS RIGHTS BY ANY ACT RELATING DEPRECIATION,HOWEVER CAUSED,AND SHALL IN NO EVENT EXCEED WHAT TO APPRAISAL. IT WOULD THEN COST TO REPAIR OR REPLACE THE SAME WITH MATERIAL OF LIKE KIND AND QUALITY. 13. Cancelation. This policy may be canceled by the Insured by sur- 5. Settlement of Loss. All adjusted claims shall be paid or made good render thereof to the Company or any of its authorized agents or by to the Insured within sixty (60) days after presentation and acceptance mailing to the Company written notice stating when thereafter such of satisfactory proof of interest and loss at the office of the Company. cancelation shall be effective.This policy may be canceled by the Corn- No loss shall be paid or made good if the Insured has collected the pony by mailing to the Insured at the address shown in this policy or same from others. last known address written notice stating when, not less than five (5) 6. No Benefit to Bailee. This insurance shall in nowise inure directly or days thereafter, such cancelation shall be effective. The mailing of indirectly to the benefit of any carrier or other bailee. notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date of the cancelation stated in the notice 7. Subrogation or Loan. If in the event of loss or damage the Insured shall become the end of the policy period. Delivery of such written shall acquire any right of action against any individual, firm or corpora- notice either by the Insured or by the Company shall be equivalent tion for loss of,or damage to,property covered hereunder, the Insured to mailing. will, if requested by the Company, assign and transfer such claim or If the Insured cancels, earned premiums shall be computed in right of action to the Company or, at the Company's option, execute and deliver to the Company the customary form of loan receipt upon accordance with the customary short rate table and procedure. If the receiving 'on advance of funds in respect of the loss or damage; and Company cancels, earned premium shall be computed pro rota. will subrogate the Company to, or will hold in trust for the Company, Premium adjustment may be made at the time cancelation is effected all such rights of action to the extent of the amount paid or advanced, and, if not then made, shall be made as soon as practicable after and will permit suit to be brought in the Insured's name under the cancelation becomes effective. The Company's check or the check of its representative mailed or delivered as aforesaid shall be a sufficient direction of and at the expense of the Company. 6. Loss Clause. Any loss hereunder shall not reduce the amount of tender of any refund of premium due to the Insured. this policy,except in the event of payment of claim for total loss of on 14. Changes. Notice to any agent or knowledge possessed by any item specifically scheduled hereon.If claim is paid for total loss of one or agent or by any other person shall not effect a waiver or a change more scheduled items, the unearned premium applicable to such items in any part of this policy or estop the Company from asserting any will be refunded to the Insured or applied to the premium due on item(s) right under the terms of this policy, nor shall the terms of this policy replacing those on which the claim was paid. be waived or changed, except by endorsement issued to form a part 9.PAIR,SETI OR PARTS. IN THE EVENT OF LOSS OF OR DAMAGE TO: of this policy. (A) ANY ARTICLE OR ARTICLES WHICH ARE A PART OF A PAIR OR SET,THE 15. Conformity to Statute. Terms of this policy which ore in conflict MEASURE OF LOSS OF OR DAMAGE TO SUCH ARTICLE OR ARTICLES with the statutes of the State wherein this policy is issued are hereby SHALL BE A REASONABLE AND FAIR PROPORTION OF THE TOTAL amended to conform to such statutes. VALUE OF THE PAIR OR SET, GIVING CONSIDERATION TO THE IMPORTANCE OF SAID ARTICLE OR ARTICLES,BUT IN NO EVENT SHALL SUCI-'I LOSS OR DAMAGE BE CONSTRUED TO MEAN TOTAL LOSS OF THE PAIR OR SET; OR (B) ANY PART OF PROPERTY COVERED CONSISTING, WHEN COMPLETE FOR USE,OF SEVERAL PARTS,THE COMPANY SHALL ONLY BE LIABLE FOR THE VALUE OF THE PART LOST OR DAMAGED. 1 t 1..3R CO DIV PR DUCER POLICY NUMBER 01 E 60 2 917 MI 843-5992 I NAMED CITY OF RENTON• ♦Industrial Indemnity INSURED SCHEDULED PROPERTY `,Crum and rwwaysmrsuon FLOATER POLICY COVERAGE IS PROVIDED III THE COMPANY DESIGNATED A STOCK INSURANCE COMPANY (HEREIN CALLED THE COMPANY( COMPANY INDUSTRIAL INDEMNITY PRODUCER WILLIAM F. DA IS INS AGENCY . P. 0. BOX 452 HOME OFFICFsAN FRANCISCO, CALIFI ' RENTON, WA 98155 FROM To RENEWAL OF POLICY • PERIOD MO. DAY YR. MO DAY YR. 7/15/82 10/15/82 • NEW AMOUNT RATE PREPAID TERM PREMIUM ANNUAL PAYMENT DUE UNDER TOTAL PREMIUM FOR POLICY TERM RATES DUE AT INCEPTION DEFERRED PREMIUM PAYMENT PLAN UNDER DEFERRED PREMIUM PAYMENT PLAN AND PREMIUMS $ 1,316,000 .057 $ 750 $ $ IN CONSIDERATION OF THE STIPULATIONS HEREIN OR ADDED HERETO AND OF THE PREMIUM SPECIFIED THE COMPANY DOES INSURE THE ABOVE NAMED INSURED F OM THE INCEPTION DATE SHOWN ABOVE,AT 12:01 A.M. (STANDARD TIME),TO THE EXPIRATION DATE SHOWN ABOVE,AT 12:01 A.M.(STANDARD TI E),AT PLACE OF ISSUANCE,TO AN AMOUNT NOT EXCEEDING THAT SPECIFIED ON THE PROPERTY DESCRIBED HEREIN. ITEM DESCRIPTION : AMOUNT OF INSURANCE NUMBER DESCRIPTION ' AND AMOUNTS AS PER ORMS ATTACHED 9 LOSS PAYABLE CLAUSE: LOSS,IF ANY,TO BE ADJUSTED ONLY WITH THE INSURED AND PAYABLE TO THE INSURED AND FORMS ATTA•HED , 1L0210(6(76) 1L0002(1/77) IM094 (11/80) IM095 (11/80) THIS POLICY S MADE AND ACCEPTED SUBJECT TO THE FOREGOING STIPULATIONS AND CONDITIONS AND THOSE HEREIN STATE/WHICH ARE HEREBY MAD A PART OF THIS POLICY,TOGETHER WITH SUCH OTHER PROVISIONS,STIPULATIONS AND AGREEMENTS AS MAY BE ADDED i HERETO, AS PROVIDED IN THIS POLICY. COUNTER. Countersigned a: SEATTLE, WA an 7/15/82 By:SIGNATURE '41/ /�1""l/ 8/2/82gM - I Agent IN WITNESS WHEREOF, this Company has executed and attested these presents;but this policy shall not be valid unless countersigned by the duly authorized Agent of this Company. . i ,,6,- Secretary President Chairman of the Board - IF017 R3 (./.1) r a �Industrial Indemnity , ii a Crum and Forster organization ONSTRUCTORS' ALL RISK BUILDERS' RISK FORM • SPECIFIED LOCATION - NON-REPORTING • DECLARATIONS A. PROJECT SPECIE CATIONS: • 1. NAMED INS RED: CITY OF RENTON 2. PROJECT DE•CRIPTION AND LOCATION: GENE COULON BEACH PARK 3. PROVISIONAL AMOUNT: $ 1,316,000 • • 4. TERM RATE PER $100. FOR THE TERM $ .057 • 7 /15 /1:82To 10 / 15/19 82 5. PREMIUM: $ 750 6. MINIMUM EARNED PREMIUM: $ 500 B. LIMITS OF LIABI ITY: The Company shall not be liable for more than: 1 $ 1,316, 000 in any one loss,casualty or disaster including all related costs and expenses except as limited in 2, 3 or 4 below; 2. $ 1,316, 000 at the Project Site described above; 3. $ NIL as respects property temporarily stored in warehouses or other place(s)of storage or deposit(other than at premises of any Insured hereunder)awaiting transit to the project site; 4 $ NIL as respects property in due course of transit. C. DEDUCTIBLE: Each claim for loss or damage,separately occurring,shall be adjusted separately and from the amount of each adjusted claim the sum of$ 500 shall be deducted. Except for recovery hrough subrogation proceedings,any salvage or other recovery,after expenses incurred in salvage or recovery are deducted,shall accrue entirely to the benefit of the Company until the sum paid by the Company has been recovered. Any recovery as a re ult of subrogation proceedings,after expenses incurred in such a subrogation proceeding are deducted, shall accrue to the Insured in the proportion that the amount of the deductible bears to the amount of the entire loss. D. AMOUNT OF IN URANCE AND COINSURANCE: It is a condition of t is insurance,wherein the rate and premium are based on an average amount of liabilty during the period of construction,tha at any date while this policy is in force,the actual amount of insurance hereunder is that proportion of the Provisional Amount that the actual value of the described property on that date bears to the projected value at the date of completion, but s all not in any case exceed the Provisional Amount indicated in Paragraph A.3. The Company shall be liable for no greater proportion of any loss than the Provisional Amount,set forth in Paragraph A.3., bears to the full v lue of the described property at date of completion. The provisions of each pag of this form are attached to and form a part of Policy No. _ of the diA/L/fra1Mogaitt/eoi �� 5 Authorized Signature AMENDATORY CANCELLATION ENDORSEMENT IL 0�2 10 (WASHINGTON) (Ed. 6 76) The cancellation prov Sion of this policy is amended as follows: A. Cancellation for Nonpayment of Premium: If the Insured fails to discharge when due, any of his obligations in connection with the payment of premiums or any installment of such pre ium, whether payable directly to this Company or its agent, this policy may be cancelled by this Company by mailing to the Insured and to any mortgagee shown in this policy, at the last address known by the Company or at the last address shown by the Company's records,written notice of cancellation at least 10 days pr or to the effective date of cancellation. B. Cancellation for a reason other than Nonpayment of Premium: This policy may •e cancelled by this Company, for any reason other than nonpayment of premium,by mailing to the Insured and to any mortgagee shown in this policy, at the last address known by the Company or at the last address shown by the Company's records,written notice of cancellation at lest 20 days prior to th effective date of cancellation. The pro rata unearned premium, if any, will be refunded as soon as practicable foliowin: such cancellation. The mailing of notice as aforesaid shall be sufficient proof of notice. Delivery of such written notice shall be equivalent to mailing. IL 0210 (Ed.06 7.) # 4 • • Oa) IL 00 02 (Ed. 01 77b EFFECTIVE TIME ENDORSEMENT The time of inception an the time of expiration of this policy and of any schedule or endorsement attached shall be 12:01 a.m, standard time. To the extent that coverage in this policy replaces coverage in other policies terminating noon standard?,:the on the inception date of this policy, coverage under this policy shall not become effective until such other coverage has terminated. 44* • • • • • • • • • PIP r•I ryt • • • • • • • • E ' F• • • • • • • L . • yr F • • IL 00'02. (Ed.r01 77) R''l�ryr j{ C Industrial Indemnity CONSTRUCTORS' ALL RIB WILDERS' RISK FORM a Crum and Forst-r organization CONDITIONS 1. PROP RTY AND INTEREST COVERED: This policy covers the project or structure, as identified in Paragraph A.2. of the Declarations, in the co9rse of constru tion, erection, fabrication or installation, including machinery, equipment, materials, supplies, fixtul res or similar property and temporary structures constructed at the site,the price of which is included in the provisional amoun under A.3.of the Declarations attached to this policy. Coverai!e is extended to include expenses) incurred in the removal of all debris of property covered hereunder, which ay be occasioned by loss caused by any of the perils insured against in this policy. Insurance oh such expenses shall apply in addition to the insurance otherwise provided by this policy.The liability of the Company as respect. such expenses shall not exceed five percent (5%) of the limit of liability at the Project Site. If more than one li it of liability is applicable at the Project Site, the provisions of this paragraph shall apply separately to each • limit o ,liability and the described property to which the limit of liability applies. 2. PROP RTY EXCLUDED: This policy does not cover a. r ontractors'or subcontractor's equipment,machinery,tools and property of a similar nature not destined to become permanent part of the completed project; b. 'utomobiles or other vehicles designed for highway use, watercraft or aircraft; c. oney,notes,securities,plans,blueprints,specifications,data processing media,books,records,manuscripts or other similar papers; d. rees, grass, shrubbery, plants or land value including the cost of land fill; e. achinery,equipment,materials,supplies,fixtures or similar property otherwise covered by this policy whil located :t premises of any Insured hereunder; f. a rchitect's or engineer's fees (except cost of supervision during construction); g. Property while waterborne,except while in transit on land conveyances on board any scheduled ferry while perating on inland waterways,and then the Company shall be liable onlyfor loss or damage directly caused by stranding sinking, burning or collision of the ferry, including General Average and Salvage Charges; h. Existing buildings or structures to which additions, alterations, improvements or repairs are being made. 3. PERT S INSURED: This policy insures against all risks of direct physical loss or damage to the property insured from any external cau e,except as he einafter provided. Property insured under this policy is also covered against the risk of damage or destruction by civil authority durng a con- flagra ion(to the extent that the peril of fire is insured against hereunder)and for the purpose of retarding the same;provided that neither such conflagration nor such damage or destruction is caused or contributed to by war, invasion, r'volution, rebellion, insurrection or other hostilities or warlike operations. 4. PERI S EXCLUDED: This .olicy does not insure: a. Loss,damage or expense caused.by or resulting from wear and tear,deterioration,latent defect,inherent) ice;con- tamination,corrosion,mold,rust,wet or dry rot;dampness or dryness of atmosphere,extremes or changes of tern- perature or freezing; gas or smoke from agricultural or industrial operations; vermin, termites or inscts; b. Loss,damage or expense caused by or resulting from mechanical breakdown or derangement, including rupture, bursting or disintegration of rotating or moving parts of machines and machinery resulting from centrifugal or recip- rocating force unless loss by a peril not otherwise excluded ensues and then only for such ensuing loss; c. Loss,damage or expense caused by or resulting from short circuit,blowout or other electrical disturbarce to elec trical systems,devices or equipment,including wiring,caused by electrical currents artificially generated,unless fire not excluded in this policy ensues and then only for loss or damage caused by such ensuing fire; d. Loss, damage or expense caused by or resulting from testing, unless fire or explosion not excluded in-his policy ensues, and then only for the loss or damage caused by such ensuing fire or explosion; e: The cost of making good faulty or defective workmanship or material,but this exclusion shall not apply to physical damage resulting from such faulty or defective workmanship or material; 1M095 R1 (4/.2) Page 1 of 4. # 2 . 4. PERILS EXCLUDED, continued: f. Loss,damage or expense directly or indirectly caused by or resulting from error,omission or deficiency in design,plan ' or specifications,whether loss be direct or indirect but this exclusion shall not apply to loss by fire,lightning,wind- storm, hail,explosion,riot or civil commotion,aircraft,vehicles,smoke or discharge from fire protective or building service equipment, to the extent that such perils are insured against by this policy; g. Delay, loss of market or use, indirect or consequential loss of any kind, penalty for noncompletion of or delays in in completion of contract; or noncompliance with contract conditions; h. Loss or damage to boilers,steam pipes,steam turbines or steam engines caused by bursting,rupture or explosion of the object; i. Loss,damage or expense caused by or resulting from rain,sleet,snow,sand or dust(whether driven by wind or not) unless the property is contained in a permanently enclosed building,or room of a partially constructed building,and wind and hail shall first make an opening in the wall,roof or ceiling of the building or room and then the Company shall be liable only for loss to the interior of the building or room and the property contained therein,whichever is covered hereunder,caused by rain,snow,sleet,sand or dust entering the building through such opening,excepting property _ in the custody of a carrier for hire; j. Loss,damage or expense covered under any guarantee,warranty or other obligation(expressed or implied)by any contractor,manufacturer or supplier whether or not such contractor,manufacturer or supplier is an insured under this policy; 1k. Loss,damage or expense caused by,resulting from,contributed to or aggravated by earth movement,including but not limited to earthquake,volcanic eruption, landslide,mudflow,earth sinking,rising or shifting;all whether or not contributed to or aggravated by negligence of persons other than the Insured or his employees;this exclusion does not apply to loss or damage to property in transit; I. Loss, damage or expense caused by, resulting from, contributed to or aggravated by any one of the following: 1) Flood,surface water,waves,tidal water,tidal wave,overflow of streams or other bodies of water,or spray from any of the foregoing, all whether wind driven or not, or tsunami; 2) Water which backs up through sewers and drains; 3) Water below the surface of the ground including that which exerts pressure on or flows,seeps or leaks through sidewalks, driveways,foundations,walls, basement or other floors, or through doors,windows or any other openings in such sidewalks, driveways, foundations, walls or floors; , 4) Release of water impounded by a dam regardless of cause; This exclusion (1) does not apply to loss or damage to property in transit; Loss, damage or expense caused by or resulting from subsidence, settling, cracking, bulging, shrinkage or ex- pansion of walls, floors, ceilings, roofs, foundations, sidewalks, driveways or pavements; Loss,damage or expense caused by or resulting from any fraudulent,dishonest or criminal act done by or at the in- stigation of any Insured,partner,joint adventurer,employee or agent of the Insured while working in the course of their employment or otherwise and whether acting alone or in collusion with others,or any others to whom the prop- erty may be entrusted (carriers for hire excepted); Y. Loss by unexplained or mysterious disappearance of any property or shortage disclosed on taking inventory; a. War Risk or Nuclear Incident as excluded in the printed policy to which this form is attached. 5. 1:ORDINANCE OR LAW: This Company shall not be liable for loss, including debris removal expense,occasioned directly or indirectly by enforce- ment of any ordinance or law regulating the use,construction,repair or demolition of property unless such liability is other- v✓ise specifically assumed by endorsement. 6. ALTTACHMENT AND TERMINATION OF COVERAGE: T is policy covers from the time property is at the risk of the Insured during transit,while temporarily stored at any other 1: 1 I cation insured hereunder and while at the Project Site. overage shall cease: a I When the Insured's interest ceases; or b 1 Upon acceptance of the project by the owner or purchaser or with respect to coverage on any portion or part of the I project, upon acceptance of the individual portion or part; or 1 095 R 1 (4/82) Page 2 of 4. - c. shirty (30) days after completion of the project; or ' d. In each building,structure or addition,when used for its intended purpose or occupied in whole or in part;unless ritten consent of the Company is obtained; or e. xpiration or termination of this policy; Which-ver of the foregoing conditions (6.a. - e.) shall first occur. 7. VALU •TION: This Company shall be liable for the full replacement cost of the property at the time of loss, including labor aid other charg-s and expenses accrued thereto but not exceeding the amount which it would cost to repair or replace the property with aterial of like kind and quality within a reasonable time after such loss;and in no event shall this Company be liable in any one loss for more than the limits stated in the Declarations. The t:rm,"Replacement Cost",shall not include interest on money loaned or advanced for construction and c arged to the p oject by the owner(s). 8. TER S DEFINED: a. Project Site: the term."project site",shall mean the location(s)described in Paragraph A.2.of the Declare ions and within 100 feet thereof. b. Provisional Amount: The term,"provisional amount",shall mean the full replacement cost of property c vered at the date of completion, including labor or other charges and'expenses accrued thereto less the value o property excluded from coverage by the terms and conditions of this policy. 9. TER'ITORIAL LIMITS: This .olicy covers while the insured property is within and between the forty-eight contiguous states of the Uni ed States and t e District of Columbia and within Alaska and Hawaii. 10. CA CELLATION: This oolicy may be cancelled by the Insured by surrender thereof to the Company or by mailing to the Company w en there- after.uch cancellation shall be effective. This policy may be cancelled by the Company by mailing to the InsY red at the addr:ss shown on the policy or last known address written notice stating when not less than thirty(30)days therafter such canc-llation shall be effective,except as respects cancellation for nonpayment of premium in which case the Company shall canc-I by mailing to the Insured at the address shown on this policy written notice stating when not less than(10) ays there- after uch cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice acid the date and our of cancellation stated in the notice shall become the end of the policy period. Delivery of such notice either by the Insu ed or the Company shall be equivalent to mailing. 11. VE IFICATION OF VALUES: The ompany or its duly appointed representative shall be permitted at all reasonable times during the term of this policy, or w thin a year after its expiration,to inspect the property covered hereunder and to examine the Insured's books,records and uch policies as relate to any property covered hereunder. This inspection or examination shall not wai e or in any ma ner affect any of the terms or conditions of this policy. 12. OC UPANCY: It is condition of this insurance that the project identified in Paragraph A.2.of the Declarations shall not be us d for its in- ten ed purpose or occupied in whole or in part without obtaining the consent of the Company(endorsed hereon)with proper rate adjustment;except that machinery may be set up and operated solely for the purpose of testing without rejudice to this policy. 13. ' PR PERTY OF OTHERS: In ase of loss or damage to property of others,for which claim is made upon the Company,the right to adju t such loss or amage with the owner(s)of the property is reserved to the Company and the receipt of owner(s)in satisfa tion thereof shall be in full satisfaction ofany claim of the Insured for which such payment has been made. If legal proceeding be taken to nforce a claim against the Insured as respects any such loss or damage,the Company reserves the right t its option, wit out expense to the Insured,to conduct and control the defense on behalf of and in the name of the Insure. No action oft e Company in such regard shall increase the liability of the Company underthis policy,nor increase the Units of liabil- ity rovided herein. I 1M095 R1 (4/82) Page 3 of 4. ` 1 14. SUB-CONTRACTOR(S): • , In respect to operations performed by sub-contractors of the Insured,coverage may be provided hereunder but only as re- gards property of the aforesaid sub-contractor(s)while at the Project Site,the value of which shall have been included in Ithe Project Cost stated in Paragraph A.3.of the Declarations. Loss, if any,arising under this condition,shall be adjusted (with and paid to the Insured. 15. ¶LAIM AGAINST CARRIER: 14 claim for loss or damage during transit shall be payable hereunder until claim has been filed with the carrier and the Lrrier has either denied liability or until a reasonable time has elapsed during which the Insured has made efforts to secure payment or denial of liability on the part of the carrier. I 16. REMISES PROTECTION: t is a condition of this insurance that the Insured shall maintain in operating condition(so far as is within the Insured's control) ouch protective safeguards as were represented by the Insured to be in effect at time of attachment of this insurance. I 17. NSPECTION OF PROPERTY AND OPERATIONS: i T is Company and any person or organization making inspections on the Company's behalf shall be permitted but not ob- I ated to inspect the Named Insured's property and operations at any time. Neither the right of this Company and any person or organization to make such inspections nor the making thereof nor any report thereon shall consitute an under- t liking,on behalf of orforthe benefit of the Named Insured or others,to determine or warrant that such property or operations alle safe or healthful, or are in compliance with any law, rule or regulation. 18. OTICE TO POLICE: I id the event of loss or damage under this policy due to burglary,theft,robbery or mysterious disappearance or of an occurrence which may give rise to such loss,the Insured shall give notice thereof to the police as soon thereafter as practicable. 19. Ir.IINSTRUCTIVE TOTAL LOSS CLAUSE: o recovery for a constructive total loss shall be had hereunder,unless the expense of recovering and repairing the interest i Isured shall exceed the amount insured. In ascertaining whetherthe interest insured is a constructive total loss,the amount i sured shall be taken as the repaired value,and nothing in respect of the damaged or break-up value of the interest insured s 'all be taken into account. 20. A ANDONMENT: T ere can be no abandonment to the Company of the insured property. II 21. A SIGNMENT: li Thiis policy shall be void if assigned or transferred without the written consent of the Company. �p 22. SUBROGATION: • a.'1 In the event of any payment under this policy,this Company shall be subrogated to all the Named Insured's rights of 0 recovery against any person or organization and the Named Insured shall execute and deliver instruments and papers and do whatever else is necessaryto secure such rights. The Named Insured shall do nothing after loss to prejudice such rights. b.1 This Company shall not be bound to pay any loss if the Named Insured has impaired any right of recovery for loss; however, it is agreed that the Named Insured may: 1 1) as respects property while on the premises of the Named Insured,release others in writing from liability for loss prior to loss, and such release shall not affect the right of the Named Insured to recover hereunder, and I 2) as respects property in transit,accept such bills of lading,receipts or contracts of transportation as are ordinarily I issued by carriers containing a limitation as to the value of such goods or merchandise. . I 23. OTHER INSURANCE: - - Th�s insurance does not cover any loss or damage which at the time of happening such loss or damage is insured or would, buorthe existence of this policy,be insured by any other existing policy or policies except in respect of any excess beyond the'amount which would have been payable under such other policy or policies has this insurance not been effected. 24. OT9IER MATTERS: - All matters not provided for herein or by endorsement hereon shall be governed by the terms and conditions of this Company's printed policy form to which these provisions are attached and which have been issued in conjunction herewith. The fore- goirlg clauses shall, however, be considered to supersede and annul clause or clauses therein which may be in conflict. I 1M0 15 R1 (4/82) Page 4 of 4. Inchotrial Inderi mitt' Ihr eCrumandFonterorganiza8on SCHEDULE OF INSURED PROPERTY A OUNT OF ITEM NO. DESCRIPTION OF PROPERTY I SURANCE 1. MAINTENANCE BUILDING '2.9,000 2. PICNIC; GALLERY 3.2,000 3. PAVILION 3 0,000 4. BOAT HOUSE 1:5,000 5. PILOT HOUSE 4,000 6. GROUP SHELTER 0,000 7. NORTH RESTROOM '6,000 1,3 6,000 ' I 7P077 R3(2/82) 1 # 1 fTACH FORM AND ENDORSEMENTS HERE • , EXCLUSIONS The following War Risk Exclusion Clause and Nuclear Exclusion Clause shall be paramount and shall not be modified or superseded by any other provision included herein or endorsed hereon unless such other provision refers specifically to the risks excluded by the War Risk Exclusion Clause or Nuclear Exclusion Clause and expressly assumes said risks. 1.War Risk Exclusion Clause.The Company shall not be liable for any loss,caused directly or indirectly,by(1)hostile or warlike action in time of peace or war,including action in hindering,combating or defending against an actual,impending or expected attack,(a)by any government or soverign power(de jure or de facto),or by any authority maintaining or using military,naval or air forces;or(b)by military,naval or air forces;or(c)by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) in- surrection,rebellion,revolution,civil war,usurped power,or action taken by governmental authority in hindering,combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority, or risks of con- traband or illegal transportation or trade. 2.Nuclear Exclusion Clause.The Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination,all whether con- trolled or uncontrolled,and whether such loss be direct or indirect,proximate or remote,or be in whole or in part caused by,contributed to,or aggravated by the peril(s)insured against this policy;however,subject to the foregoing and all provisions of this policy,direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. SPECIAL STATE PROVISIONS KANSAS.Suit.If this policy is issued in the State of Kansas the words"five(5)years"are substituted for the words"twelve(12)months"in Condition 11. TEXAS. Notice of Loss and Suit.If this policy is issued in the State of Texas,the words"ninety-one(91)"are substituted for the word"ninety(90)" in Con- dition 2 and the words"two(2)years and one(1)day"are substituted for the words"twelve(12)months"in Condition 11. 1F559 (3/80) • S • >, 1 ` ; G. Industrial Indemnity a Crum and Forster organization HOME OFFICE.SAN FRANCISCO l U W0 47612 II I NUMIII I. WILLIAM F. DAVIS INSURANCE AGENCY, INC. PLI _ /, EAS RETURN - ire - eadua� - I3oncL - J oineownera THIS PRTION WITH POST OFFICE BOX 452 YOR AYMENT -- RENTON, WASHINGTON 98057 Ii 255-6872 City of Renton 200 Mill Ave. Soo • • II Renton, Washington 98055 .;t�4; "0".`• CUSTOMER]NO. INSURED'S NAME IF DIFFERENT FROM CUSTOMER FILE DATE - I 2'4 i ; CIT 5')0 8/10/82 , I EFFECTIVE DATE RENEWAL DATE ''•^"-^f• li POLICY NUMBER MO.-DAY-YR. MO.-DAY-YR. 1 INVOICE NUMBER 1 ML 843-5992 7/15/82 10/. 5j82 NQ 47612 BIE R • �, USIN SS CODE NI COMPANYA CODE DESCRIPTION OF COVERAGE PREMIUM 62 1,1 I 07 Constructors' Builders Risk form $ 750.00 • I,( Covering Buildings at Gene Couloa ;, I 1 I Memorial Beach Park ,¢,,, ', III PREMIUMS A DUE ON BALANCE EFFECTIVE DA E OF POLICY 750.00 ;f IIII WILLIAM F. DAVIS INSURANCE AGENCY, INC. h II . Ii 11 • II . II 11 • II h II. !I • k • t�3 wr {�4a %, s" :. 4 �� 5. • I I II I II iI .11 • I. II . II I I 11 II \ III • _ . ..e+smzn.•,pWu. raulYzWmW4uVAammieliw�amauu•...•wkafpawa0ra+unc�eNN•w'^mrkWvvpa•esw w+wYuwu'i+w'd+rwtl.fM1ipr✓smW.e M eFemLLiH ..upvtsuroaafsN:Ydu:d4.dsev+61'�ta'WUY`Wb •e`r•.M4eCX*e4°.:. ' t. U.S. DEPARTMENT OF HOUSING AND URBAN DEVLuvrMENT USE OF OPEN SPACE CERTIFICATE • Project NumberWASH-OSA-68 Project Name TAke Wash. Beach Park Addition I , ' JO, N E. WEBLEY , the duly authorized representative of City of Renton , do hereby certify th t to the best of my knowledge and belief: The land or facility for which we received assistance under the Open Space Land Program, is in fact being used in accordance with HUD policy and with the formal agreement 3etween HUD and the' grantee. Any false statements made knowingly and willfully may subject the signer to penalties under Section 1001 of Title 18 of the United States Code. CITY OF RENTON (Name oa Pub•P2c Body) By d e (S Lgna tsv !-A71a Director, Parks & Recreation (ritee) • October 22 1980 e HUD-349 I y''r - lE in - I! i "!� c:., t.` - '4 1 • Iri.' " r,i ` j 4 i 4tr p; .sa .:-,. . M 7 '"• t`c�1a - BAR �r�: � _ • • ', ' '" :QUIT CLAIM1,DEED1 -. !� E L 1' k r_ t � : Iz R l�r ,• tt'�:r .,".'' =.THEE:`.GRANTOR ::�BURLINGTONNORTHERN'�INC - D a c r o arid �;�,. .. - _ INC. , e.l ware o• p ration, for a ' ' lr40 000.00conves and'`: ' 'in conside ation''of,Fort <-Thousand 'and'`No 100 'Dola is -``` `''. ':'s'')',. •quit claim' to,',rtthe. CITY`:OF :RE'NTON, ,a `municipal .- corporation. of the .State of r '','.:- Washington GRANTEE, any or all interest of Burlington (Northern Inc. in the • ' 1 .. following •escribed ,.real ".estate; situated in the County of King, State of ' s,r7s' „y,� if .,a .'-.:T..St iG.S" t,, C . Y,. l,Tr t - a i. y., f a u'i re a h n to nc'.•�u i.'n' nr �".i�'n�.'e'`:'e°`t'�� r an'�::wh cfi��� ant -m 'ferea ter- c 1 ..a , t s the u;�s ,f< L', l of 'G• r.antor',s. Interest in „that,-portion of the former ;' Pacific Coast ,R.R ,'... ,,o. `120 foot;`wi de.'strip of .right-of-way in �`'' •I • :j . ecti on' 5,',Township.-23 • North., Range, '5. East;- W.,M,. ,• lying = •'i • esterly,"-;parallel '-'with;';, and. ,adjacent to the .westerly right- �.r,: - .f-way boundary_:of:-:the .exist:ing;,Burlington Northern Inc. 100 - i . oot,wide strip- of.�,ri ght-of-way':;(,said 100 foot 'wide strip was ,`:,';,', ormerl-y:known as'_the• Northern'Pacif.ic Railway Company's Lake ' ' ashington :Belt Line,right-of-:way), ;across. portions of i ; • ' '' : ots `,26"`through, 51 inclusive,- Block'361, :;C.,, D. Hillman's Lake '''` -*$ `''' :;• :' , : •, ashi ngton' Garden`of Eden addition,` Division.-5,• -as recorded . I' 'n- .Volume ,1-1 of plats Page "-83;,: records -of ..Ki,ng County, ' ' ! ashi n;gton, lying ,•southeasterly'' of,°a 1 i ne running South - . 0°38'1,1•2"" West, from:.;a' point";on::sa"i d'westerly. boundary of said, . 1 -' Bur.l.'ngton.'`Norther:n;'�Inc. right-of-way..which ,point lies 55 „ ; ::,A �..,,' _ t- '-.,mo s :;ra t-eil:y:'of,. ng:� fee re;�or'.1 es' outh'eas measured:�'al o said' s 1_,::;b` 'd :,r h e - f�:`Lof::2 4 we ter `u ar'' .f om�:�t e;�'s u�� he st:''cor..n r..;'o r y� o n o a ;�z'��<::��;' i,Ya"! "i'.t"{W �'-tip :r;,i,:: - �jF .,.y i �L l r,., r,.r •,L c , a d�' l,:at >y: a:y>r^ - " . '' i. . Together `with..Grantor';s,',interest: in'_that: port•ion.::-of .sai'd y.. , . '' former Pacific:Co'at' R.-R..': Co.?' 120 foot -wide'- strip;,of right='','':�� 1 • of wa i n."'sai'd''`S.ecti'o'n' 'S''lyin .'weter.l aral l'e,l -with j y:, t, Y. 9:'' Y� �p �. and`;:::`,=�,,:-' b. f. c nt``a '�d e' terl"- ri ht-of� wa oundar. 'o the''�adja a o."say .:w s y: 9 Y Y� .r;,, .B i f:.... r :.n o'a 00',�ex s i u l•i torrr�N r he'{n'.I�n 1 is, n r c. foot, wide'str �of�.':.` � . ',,.,:'.,. , , ,. . 1 - o ;th" hore'p',>l nd's:: e� f'.Government . i right of way._;ac'r ss`� e�-'s o ,�. a w sterly�'o , -' ' `d�, ,4', _i 5, . I�. Lot"' 'a d',Secti- "a d ,-�s on` n an, southerl of said:�Lot'=.51�'` d 36 C.. D `Hi 1'm n'- ;L'a "W 'h'i n f` E en• �,:� B1 ock 1,: 1 a �s ke�' as gton 'Garden``o 'add'ition` Di v.ison:`::5 Said=-herein .:described hore.' lands '�al�s.o" �a�``- ,,. s I -.P.;;. . 'is being: descri bed.' as., Beginning.'at''a `point North 56° 322'. "07" , % i� West a di stance -of .65.018 feet ;from the.. Southwest•meander,......-,...:,,..,,..:' r 1 corner of:,:said:"Section 5;':-thence .North 56°.'32',`"07:":,West .a :°: •ifl', distance of 1221':.78 .feet•, ;thence'.South 45° 45',�'00" West"'a. !` di stance, of 317..92,;feet, ,thence,:,South 44° '16.'. 00" 'East 'a` , i. distance of 680' feet;_more":or ;less, to the' 'south..line of.,said„`;,: .:,'.;; : . .I; :. • .• Section.-5, `thence,.,East' aloe said south line of,.: sai'd Section:: .:..'';:.{ f', . line .produced.,:'west:;ar di stance'{':of..765..5-.feet,-'more;'or•.less, '`to , . _! ", . :the•°•wes'terl ` boundar of:the,':Burl,i"n ton Northern 'Inc.., log.-foot' " de, r f�,�;rz���ht:: f:��'wa' ''Yi c� r is �'id •nt;`: �w �;;t en e;'No theasterl: o;:'sa, oi I' - p' 9. Y'� I y.µ, 1 tir ' of beginning. .: SUBJECT, however, :.to all easements, ;.restrictions and ,.reservations of ; e d r cor I NE IN' WIT S ERE'O d-�' t S� W H F` r�:sa'i cor orat`i.on' has 'caused����th`ia°:;n rument to be :I ex .61 t-d b its ro er"offiers`.and.`its'.;cor 'orate •seal'1: to be hereunto `.affixed " : e u Y,. P P ,,, P I thl S' ,a. 2 0 h, F - . is 9'�'�KGeS�r.TAX► , a I ,. p • ,,, " . - ,,, ,,.,..,:J..,:,:,:,:;,..y,.„.,:.,,:-:,..„4-4•.:.,4.,.:.,-.-e-, ,,. .t, ;.., .(:.-i;'..':""•-•:,..:.:.:::•.,,...'',.-,.i,:-,,,..-I::.:.::.'A::::„,:1.'.::i:.,?,•,.?.'„..:;',.'./:..,''*:,-'1,..-;...:...,...,.:',,'",,-...;....,:-;-.:.-.•=:;-''_..'...•••.••.•,-_,•-:?.:'*'-',...,'•-'::,..':-''''.:.-.`,.'.,..‘.,".1..-...-'....•.*•;;"•-'.,'•. .-.-- '.''-•••.• -..-„,-f �� •,..,.,,,:•::::,•„-.:•,;-..,•-.„,,.,...._,,.,...-•: ar'h ms :'�;:.��;-`s m P - • ,...'.......':'...(• 1 , _ f:/•-... ,..,..,. • .. J'I, F . '-I a_I ''4 • G N •NORTHERN INC. • B e - r,j`i , L?.. • r... ei.e-r(.,-„• - . _ Vice Pret . • I Secretary • , I�SST - : • • may�^�i; k:. ?'.. :, '%1S 'd ` Lrry ,V,`V' - ; .T t.r "0, STATE OF MINNESOTA: O • :'t- COUNTY 0 RAMSEY.: ) i - � `2Oth Ada 'of: February. 19 80 • �' be fore e On. his. - Y !>::' , ' ' of .Minnesota, duly ' the unde signed,:`:a -Notary .P'ubl is 'i,n, 'and'`:for.° the State . commi •ssi• ned and- sworn, 'personal ly appeared " J. C. Kenady an '`°'' :'''„ and • G.• .Ste nhibel'', ;'":•,'c;•,, to, me known to 'be the Vice President i -- �th • orr�;Nort he rn Inc l:in��t -;' ur , • 'f; Assi"stant;.Secretary ,., „p ,,,,•, ,_ ,Y o :s - • cor oration that .executed the,`.:11'foregoing i•nstrument, and! cknowledged ,the ,sai P s4: , i nstriument 'to be"'th`e:.free Sand' vol untaryi,ac't_'and' deed of, `sai d. corporate on; ;for - ,n herei,n.,:;menti o ed' :'?and' on Path-"st•' •the uses4 . ,; ; " and, -purposes.a ;ate that they +were'[ r x , i �t he e,d" 1 S': a fix _ of - is h �t: �the�: , ea `•sa .d�.i nstrumenf t.;.'and'a a authori ed 'to`execute•'the , A o ��nr a t o n ;a `cr ea 1 0 f sa - r ae s P 0 or. , c �' P - -i • Wi 'ness :my''hand and offici'al., seal hereto affixed-.t,ie day and :year'•fi r It above w itten. • , 1 i'I, 1 Ci- • :- - -: 11 .. W.7 � . = `RAn5E � t thSet.St aPtaeul•. IlY uEI NRnNES;U;�..T'A1�8 . ` : ` '� n, f 1T 9 ,5 �Notaryn:et'aC r� resia:ddi , sov. , ' . o - Mi o ;� i- � �_�r e N0T ARYal iCt-oe:t:' Mommssio,,.. Qw� • II, . : .i ,r.I: ' r. : ,: . r `j`i, te1'1 F „ I' in4° i F , sar'hpr shm,2 '2`' I' - ' ,':-•' -is••.,,: `.,.. .. '. -_ n Renton Cit Council • 35 Page 4 AGENDA - Cont• ` s `` • CONSEN 4,. ' • Park Property Letter. from;:Parks and Recreation Director Webley requested authorization::for expenditure of $40,000 to acquire 2.53 acres property ,adjacent to:Gene Coulon Memorial Beach Park (Fo and Thrust Fund) from Burlington Northern Council concur. Law and Justice Police Chief Darby requests authorization for inter-local `. agreement for distribution of funds, Law and Justice Planning. MOVED BY CLYMER, SECOND HUGHES REFER TO WAYS AND MEANS COMMITTEE. Environ ental . Planning Director Erickson requested ordinance providing f ror Ordinan a Environmental Review Committee consisting of Parks Director, ' Planning. Director;'and Public Works Director. Refer to Ways and Means_ Committee for'ordinance: ConsentAgenda MOVED BY TRLMM, SECOND CLYMER, APPROVE CONSENT AGENDA. ' CARRIED. Approval (Includes above five items.) I . ADMINISTRATIVE Mayor Shinpôch noted' increase in telephone calls and requests REPORT for assistance of needy people, and asked requests be given\ to Personnel Director,'(Social: Service person) and Mayor's Office for referralto the proper agency. . Low Incom Mayor Shinpoch;`reported`'request .from Housing Authority for, Housing Resolution, to'-obtain Federal assistance of 50-unit low. incone Addendum °., ; :.'housing. ; Mayor recommended concurrence. MOVED BY STREDICKE, SECOND TRIM, ,REFER ITEM TO THE WAYS AND MEANS COMMITTEE. •C ;RRIED. Code of Ethics Mayor Shinpoch noted letter to Departments requiring enforcement of the Code of Ethics, comments invited. Board of Revision oftheBoard of Public Works in 1977 was noted and .I Public Wo ks Mayor- Shinpoch recommended :no action be taken at present time. CORRESPONDENCE AND CURRENT BUSINESSf _:. ; Solid Wast- Letter from'Puget Sound'•-`Counci l, of Governments, King • Subregional Management Council and 'Sol.id"Waste'Management Board.-requested •City part ic i- pation in`joint =preparationof revision of King County Comprel hensive'::Solid .Waste, Management -Plan. The King Subregional Counci 1 of Puget Sound Counc i.1 of Governments has been: designated by the Governor and the Environmental Protection'Agency 'responsi- ble for comprehensive long-range solid waste management plann'ng in King County:'":-The current, Management Plan needs updating due to major.'changes; in solid waste handling and all .jurisdictions in King County are being asked to participate: Cost of plan revisions is ,at, $39,000 or 3. 167t per capita; Renton's share approximately ..$99,4-. MOVED BY HUGHES, SECOND CLYMER,• REFER MATTER TO THE COMMUNITY SERVICES COMMITTEE FOR REVIEW. CARRIED. Drainage , Letter from Gloria Maglietto, 2715 Talbot Rd. S.', replied to' Problems letter from•.Public Works Director Gonnason 1/21/80 calling atten- Talbot Rd. S. tion to error.An'that ?.Gonoason stated drainage system functioned adequately, du'ring: December .storm. Mrs. Maglietto reported that on 12/14/79:..Renton-Fire Department was called to assist with floc ing at their=home`. Mrs Maglietto noted Gonnason's letter claimed the City would work with the property owners to install temporary asphalt berms. to guard against a reoccurrence of the flood situa- tion until;. the permanent. improvements are installed; however, Mrs. Maglietto claimed she had received vague response in conta t- ing the Engineering Department.: Maglietto told of problems in selling their home because of drainage problems; and claimed no water or mud problems existed until the new construction in area was near completion The letter asked solution be reached MOVED BY CLYMER,:;SECOND: HUGHES, REFER MAGLIETTO LETTER TO THE , ADMINISTRAT!-ON FOR RESPONSE. CARRIED. NEW BUSINESS Utilities Committee Members Reed and Hughes did not submit cord- mittee reports,; asking further meetings be held. 2 (D ID (D ry X. ® a a �• - hor 11 tsy city Clerk's trice Un i y ll _. m A. I _ z�; AGENDA ITEM i c� rt,, RENTON CITY COUNCIL MEETING �� I w ^� ..•;:J:a is_ u a�W9aln¢cW r-itA�DA9:JC:6Za...=..=S=SQ=G=C.SCC=C==2—�--- ---_ '1 n 'TING • ' .t./Div./Bd./Co m. Parks For Agenda Of March 3, 1980 \ , (Meeting Date) Staff Contact ,John Webley Raii-A Agenda Status: SUBJECT: Property acqusition from Burling- Consent ton Northern , lolcated adjacent to Gene Public Hearing Correspondence I Toulon Beach- Park . I Ordinance/Resolution Old Business Exhibits: (Legal De\cr. , Maps, Etc.)Attach New Business I A. Map I Study Session Other I B. Legal description • C. _ I Approval : completed Legal Dept. Yes_ No N/A COUNCIL ACTION RECOMMENDED: Motion to Finance Dept. pt Yes x No. N/A I uthorize purchase \of 2. 53 acres of urlington Northern property located Other Clearance Park Board x djacent to. Gene C lulon Beach Park or $40,000. 'ISCAL IMPACT: I ... \ xpendi ture Required 40 ,000 Amount $ 40 ,000 Appropriation- $ Budgeted ' Transfer Required l UMMARY (Background infjormation prior action and effect of implementation) (Attach additional pages if necessary. ) )uncil action would authorize expenditure of $40 ,000 to acquire 2. 53 acres property adjacent to Gene Coulon Memorial Beach Park . Funds are available 1 Lake Washington Beach Forward Thrust Fund 305 for stated purpose. The )uncil has reviewed \ the project in executive session. The City Attorney and .nance Director have reviewed the proposed action and have approved all legal td financial concer s. The Park Board recommends the proposed action. • 4RTIES OF RECORD/INTERES ED CITIZENS TO BE CONTACTED: • • /1 `•i. \ .••••••• \--,•- ,5?.„. ''''.. 1 I '" - -'.\i„.,.‘ ....I 1.c: r 9a- 1 rt�• •y ;r . • • ,,et __,.h :,Lq `o o' '' 1, 347 ••. \-• ''''-'17.;"- '' 't . 1,'' -. •‘f- A 1 , r tiZ.55.4 oc . • \\ \,/rs�' �r'fo ";; .'cy t6.t1 OrlS, e3G• zao • --OA.'''' it\ a 9)1;13 C.1:6 --J \e cif ,,`:�,/ir t � S` �`'� s s..H.. 30 `� \arp \ \rJ \� ... • • - :C.\ ct£ '`,., \.t10• ,. a • . '' r 'IC.'/ ';'.1 6•31.;',-Nr N.,S.''' 'c ..6c\N_ ..0 s.'' ..:\. ' T.. 5-.'\''`v.`%-, -'....-As \ iN c'e, / : . ....k..j!•Ns 474::!:.,',,,.,.:/7•', -.,i ji.... 1 1 ..," .,,,.. . ,,' '.Z..A....'0::,, ‘.. ..j I 1 \ 1• .:, 1;5 II \ . :ti.'t ,..' rPrels"-.- '' 'N•f,.';` I:* . • . •-•,:. -z•\,,,,,,:i... \ va . i .C\ A. ,,\ �o�rgo.r�r\\ '. ,N.':! \ \\ 'r`+1 N,-.›.\ %4 \ 3.rBAC/0NA'8\�' Qom \� �, �' �}' Z jfto � 0off J�' ,. \0\ \ If �•{ • , \ ,\ - 1�) \ ��,I ,Jo�.J�� a2� tp1'N.{ ji v. j 35SS • s',�r•\Q/5--ja \o�\\'� '�rQt\\! 1 • �a \ to :55 AC • 33 4 p s ehd5. N,05t'17 Z Pipe�' ,. J �' ilk\:-, - 1 •Cs e GO . 1.0T4. \'' \\ VI 111 rap ,SS X� pi. _?• e ',053.3s 9 \ �,' - '\‘139,2.t ya.c.e.t4 .3\'\ •'� ',55 , \ • P`�� tkItk VA. .s.NN () ! ,\ ue.1055.5 u \ ,10 • 9 rr \` '• U . • 0 \ tos6.62 fte.C.Pi .24••41.t' r•'. Pp A. `°. ss I 1 o 1057.3s Sqn•4 X' 4� \ • 3.59 C. A 51' •00'30" _ J `„\ * 1 r 1ni, ....4 Qr• j5 fc A,4 _ _ c i I j, :j . � 31Z� 313 ; ��Si. R1QUETVLLEfa \c314 � rosy. : P b CITY- REWTaN� o S01• eo; 443.27 Ir•x•rit„ ....7 C� i{�A • 5�1._�JB) ' ", �.. Hafr Re=,.l Ao,s,R9• S�L�I Y I�• ..b Qo _ "p • • s." p _ �._ O 5 • ; s, !� • _ ....Sec4,on Line icto•45.7. i..{ g r 1 I ir'd4.1 �� 3ga— 1 Sao ra 1 • r,4 RQ Gn4 stl•o �- ` l ° o' : ae ` SECTION 8• . 11 • RL..1V 1 O1 V• �/ JA, �9•ol Bt. iris -5P. - : •kli , PUGET SOUND POWER a LIGHT CO'S R, ._ Ki NIG Co. r�dAl: r11.f.-- B. N•I. 4 , , / • / �a/: • /• /` /\\ IS �,` alb `o / ,\� \ , , / V-- o` \0 �b� �V.. i / �\ JJC `� /. \ �_ �` \4.'... \ `/ / �6 \ 1! 1 :417 • E 0, ,,,, , . . . . i • • , . . 4. tiVi*$ L ,. . " -y— �.Y � j7.9O AC. )• ti,''" ,-' "�/\\- `'v .,/• j:off,.' .`•ko9 �n • • I F r 'n' l4 , 1' d QUIT CLAIM DEED - THE GRANTOrn, BURLINGTON NORTHERN INC. , a De_are I corporation, for and 1 -in coisideration of Forty Thousand and No/100 Dollars ($40,000.00) conveys and , , guIlit claims to the CITY OF RENTON, a municipal corporation of the State of • ,.,'' Washilgton, GRANTEE, any or all interest of Burlington Northern Inc. in the • following described real estate, situated in, the County of King, State of r Washi gton including any interest therein which grantor may hereafter acquire: ,., t , , All of Grantor 's interest in that portion of the former [ , Pacific Coast R.R'.—Co; 120 foot wide strip, of right-of-way in . ' Section 5, Township 23 North, Range 5 East, W.M. , lying westerly, parallel with, and adjacent to the westerly right- of-way boundary of the existing Burlington Northern Inc. 100 ' foot wide strip of right-of-way, (said 100 foot wide strip was formerly known as the ,Northern, Pacific Railway Company's Lake Washington Belt Line right-of-way), across portions of . , Lots 26 through 51 inclusive, Block 361, C. D. Hillman 's Lake . ' Washington Garden of Eden addition, Division 5, as recorded 1 . in Volume 11 of plats, Page 83, records of King County, 1 Washington, lying southeasterly of a line running South 70°38'12" West from a point on said westerly boundary of said Burlington Northern' Inc. right-of-way which point lies 55 • feet, more or less, southeasterly of, measured along said . westerly boundary, from the southeast corner of Lot 24, 1 Block 361, said plat. , . . , . II Together with Grantor 's interest in that portion of said former Pacific Coast R.R. Co. 120 foot wide strip of right- • . of-way in said Section 5 lying westerly, parallel with, and adjacent to said westerly- right-of-way boundary of the existing Burlington. Northern' Inc. 100 foot wide strip of • I right-of-way across the shore lands westerly of Government Lot 4, said Section 5, and lying' southerly of said Lot 51; Block 361, C., D, Hillman 's Lake Washington Garden of Eden addition, Division 5... Said herein described shore lands also being described as: Beginning at a point North 56° 32' 07" West a distance of 65.018 feet from the Southwest meander ' . corner of said Section5,_ thence North 56° 32' 07" West a . distance of 1221.78 feet, thence South 45° 45 ' 00" West a distance of 317.92 'feet, thence South 44° 16' 00" East a distance of 680 feet, more or less, to the south line of said = Section 5, thence East along said south line of said Section line produced west a distance 'of 765.5 feet, more or less, to the westerly boundary of the Burlington Northern Inc. 100-foot . , 1 wide strip of right of way, thence Northeasterly to said point, of beginning. 11i . . ' IN WITNESS WHEREOF, saTd'corporat on has caused this instrument to, be . _ execut-d by its proper officers and its rporate seal to be hereunto affied this . ' - day of', BUR INGTON NORTHERN INC. , 1 , . - VicePresident I , - , : , - - -, Secretary STATE IF MINNESOTA ) ) ss , ' • . ' ' - - , COUNTY OF l'2' SEY ) , 1 ; I d . , 0 thi day of - , 19 ' _ , before me, theuunmersioed, a Not. 'y Public in and for the State of Minnesota, duly commis lone.' and swor, , personally appeared , nd d ' ' ' to me known to be the Vice President and ., • Secretary, respectively, of Burlington Northern Inc. , the . • J corpor.tion that executed the .foregoing instrument, and acknowledged the said • insil.ru ent to be the free and voluntary act and deed of said corporation, for • the ,us s and purposes therein mentioned, and on oath stated that they were • author zed to execute the said instrument and that the seal affixed is the torpor te seal of said corporation. ' I • d • Witness my hand and official seal hereto affixed the day and year fiiss, d 1 above written. Notary Public in and for the State • ' of Minnesota, residing at d , sarhprffshm � I . - l '^.,1'''-*., ,- tt;<;`{{� �:^'IVr'=.xa'�y r' i,•:4•�x'!^. '-,fr,;,^._: - - , \• . . SH � r'"�-.'?,i' n .+,°V.F`�.� i P . 3 �1fin;�i' T2v ,. 4.' t'�+l,S � '"I N- 4C ksni\'v 4c_=rr;tR ,sY::- � t"�a ,_{,hP.J .i= r';=" >l,° ,�:r., ,� >- • • r44 '.,4 : • '! ., INTEROFFICE:, `CORRESPONDENCE 1 ff ,! r{,;�': , : .:. Date :'.:a 11 .-,,' }Y:`Y ., TO ,it:i!Y wj'e'i?1evi•.,Parkg.rDirector '{- s- : FROM: ,. :'`:::. ;_; ", F'; ' .,"f'• { ;,,Q. .z,- Delores 'A., Mead, ;City :Clerk • I:J ' SUBJECT: uuG .QO2-8} ,B`irlingto 1orthar,rn Cant:ract .r' genii: _,>,.;; .•le. + ,1. { 1tt t ';Feacn hark •EEtens1,on`.' ',,.Fi,., I, •Y.t of' ` t,^ - • ,<<; Z / r erewitl ;''fully;'';executed document (s) , as • above-captioned,;;;,copy".:of which we have retained rV,, r.fo our' official"public ,records. Copy should be .ti«,:.. I orwarded "to `T; , •,,,, -_ I .4:, nd the other for your.'file. Pur suaikt;`-!,664at `4iemt' 'cf'. w e return I1. *:° ELL/ erewith':'document(s) ; : as 4'above-captioned, which ' h ve..been. signed'by;.City':Officials and need to be �t >;;: forwarded for;(r :,further Lexecution by t:�, - j.� -' 1k' is :�('�',t :'${ ' _`�,-, • ,_ � ,t y . Please file a,:full executed,'t copy with the City :,,,, C erk'sof;;fice-::,,for.,:our'.:permanent records when r ceived.; Thai k'''you . .. %Y,, :c _ ,. - t ` ,,x, ,f:..4,- - rr. 'fir.?_ '. „ Ila 4,u!'": a . .,•A,'; i': :'.J'yih..:i;r}=,:':1' �.• ,,'''�,,.•q""':i4f�"ti=' ,'•r`: '§.`�'F`a�:.tt�.w`;-� ,.Tyi;:s �:;'.43 �3 ;•;"1' ;F' J '. }r.1 -rid` t• j4S r i 'if",r- 4'�c'" ,?Y ra?y ry rr s* -1 �J3y r ( '�' `,;',!r%r�:�•' >'r''•�a'�',%y �•Ja�•a :.✓,�' ;, ,,G,,a. . � „;PW,l'.i;!, h oti' ;.q,.";,1 n _• :.+!fh.:1'1, ,.i :i,' „4 i'`,`dia" 'aka•' hi,+. s�,:'., ,` `^I fin•-, §. kiy F H ti`r , n L,y a.�.7 k r% ,rr. i - i'1 max-% n.1 'M. • I Yt• i �l "SY� ,f i apx E R k,) IN. E:R'. 1 : z37: - 4-' :,ii �Na" +Z , {c _ l V vs.' . Y i�1.''d �r'Ci� `�a 0.rK,, ,n' '� `iit•• F••s,.;:•-5.T.-('df1r,:'"l%e k.L '4 7 - • I U�iki3F y,� •t, `.9[�:y}a:v a�Y'r' i''•'i�.�,;��,�� yi a.y" ": ,.�,>,• ,.'" ` r �'�• � � • •I • 4 ;+�:i 'ji _ F" - f.• 1f5s V;�V.,i Ji� � 4 I e ,;. r x awcr ...:a.:rJ..a:..'•v...r I:�" I •f' Tc},a 1 > r:!;,.Y}Sv.- ' ,s 'r 4 , 7 't t 1 7�•'F. • ,J•,�7 ,',.� 5 t,, tBazbaratY Shy. och `0 0; "y" TO. • H•norable �1tJ .: , Ma or DATE . • 1/15/;80; 4d:18 �?:t)r' • • ,4 :.t" - i:•d:T%! f?1!:�.:7.-`,.'.':":'.�: ,,:.g ;i,:Y',; - ; ,5(„•i - "Y:i�1;.'ia. ;'. :.:A ,',�t�.Q„ .,S f.. ; 4,,.i;.. +{YY�` `FROM D 1°:.`Me'ad`.�:'.;.-.c � r. ,..:'a::a> �' - • • +t,' •I f 1,.<r i;i,i`.' J • ,.,rtT- • "r�^ „S';{;?'H:.a ,s i 1 r; s ;d' % +.t^„ i'_ :¢a'` ; for extension e':a',Zi'.'9' RE'• CAG;j 00 8•0.', reemenb,-.tor`,,u'r`chase operty',from Burlington Northern'• o • J° Of;;Gene'<`0aulon<:Meaio al-,B`each Park . �3. ._",�':oaf.;'{'.:,'':S:' ' • , ,.t:',''•'''''.•'-'...' ' I :!Y V' i4, ,I', ?. „ the Cit Attorney'�s... a .4,, a roved b r tier °: The:. at'ta•he'd,;;:.dCie..'n•cerit(•s`):'-r.;h`ai.-.1 W,;; ;•n: ea y e" �: 'ease sign and return to the ''x°' , =aa `fo'%�i:';exe,cu:tion:A ,;'p.le g +h�'•,ma^, ;,:ana are: 'now° `'r:e y':.: • .a ro"c'essin ,I*,' iT ''for`{•f`u th ex p• 5 • 1.1_ ; .�__ - Ci�t Cle k'�s`: :Off c.e�` f Y . t, f,9_, '' ., 1% • - • a .r e'.r`:'i.. <ZS •.` ;Y,d. .• rlLdi rt S t`aR I .t, :ci do if • I '�:rl.�i„I+ 3 t 'sYJ'ti ; Ffi 2k " r•r i-;, )' ` l''' 1l et,� ' .l -0, t'' , • ., 1,pe4.,1,s,t,.,,. ; • 1 ,• . . .• :,41k. '. .- . • kkad ,'„?.,'•..,fR.=.t, ‘.,.•. ' 4, ' 44-0,4•AlNMI : •,- '',-,•:. ,; . w‘• lq,,-•-1,-, ., ! ' .., ,,...:^,--;".., ',,::,,^s-.,,,,,',i. :,.,..• .'-',:.:'. ^','''',',',',',41i,',;:,—^- . .- ..BURLINGTON .. INPRTHERNKM.::;:::;',...,,,;,.; ,!.-ib,,4":- , •' ' : ... , , . .„- .1Y 1.0' •-..-. .-2,[.1,-- ot •-•"';..:".. ','-'0'.,.1 ,,'-:',.!.i`'-'•,:-.:‘, 44:';:'k•-,i.'' .' ' - i''''':::i-Mk.P,-*' '".. '' .' '''•-,., -' ' .' ,,-,:.,-.,,v,.,i',."-,-,4,0;i,'^. ,,,.:"•'''''.'n;^':',',..]`, ',., :r'''.-';'.',.'tQ.!,'''';,-'' •. • '. Lobby 2 - -••• i,.1,,,, ,',', --lw:i.IL,,, : , , • Central Building . :,;;I;A•vr,. , • • , r.,2,:rh:4-••,..,p... ,: . INDUSTRIAL DEVELOPMENT..AND-,,,,:, .---,-..4,0,,-,4-. - Seattle,Washington 98104.- , - , PROPERTY-.!MANAGEMENT:.DEPARTMENT :. . • , Telephone (206) 625-6682 .%,-;.,--.4.?.b.,4 4, . : . ..'- ''•::;-;..^' ,!.,',.':?:-:'':.•,L'' .--:-.J-r.I'.;:.4.; ,''':".., .' . 4".k,t,...'.W., 'W,t'irt.,.: '. , . . ' -.•'"':,.'-''...,:- . '_ . `?,"";•,-,:^,: ,,.,*,13;^-4':•,-.1",;.P 4,-,-:- .. : ',''''':, '1' ,--., 4.'';'i'.•-,', ,':.;;A":.,.:....:,v...,,...-.-,....',;:;,- N',. `-'7,,,,', , . ;.--.p,,:*,•,!.:,.. ',,: -. ., , ' .-,,'•;'.:',,,.:1;.','‘',41§,41. 47'..i'W45-.,-,''.--. '.-;.: ,-....A.t. Mr. John' E.:.,Webley; DireCtorip!-Y ' • December 28, 1979 Parks and Recreation 4f V.1.1.'„',‘' :••' , :'!'1:4,V;..;-•:4"- ' , .,. , i, ;,. •:.,-, • - . . • .,,,,4,.4,,,,,.:.•:,. , City of.Renton.,4-,:).-ii,---„',i1Wg'.v.':',0•,-1,,t.'i:-,-,litti't,•-, • • • , '..,.,, ' - : :,••;.4.•tv-n,i,,"-':',.•• •,:',„...,:l...,--,,. .,• . 200 Mill:,..Avenueli'iSouth•W ,,:,•=:;,-;.r•i,,,,dif44 .q.,_:, . . .•4,‘.'..•r4,,,,,,.: :• • , .- , ..,- ,. ••••,,?•-0-, cA''...-::',14LF:•:!,,i':,.:2.;5.:04,:t4, ; ' • . Renton!,-. Washingtow,!•98055,;<:•.-.'i••-'-.,:p,,i4,.ft..r?,-,` .•, . , of-,-.,." . , .4:AJ,,,;;.,,,',..,'''' ,:-,;P.•,&.4,'T•f:7. ''' :':,v '':1", Dear Mr '.'Webliay,t-:,*:,,.1,..-A.i.,,:;,..=:•:!,-..:-;,' ,-, ;..V.,ar. : ..'?'-','/.,,':-.i.... , •"A •:•, --,-- :., •s':i,:q-,: .,,,,,,114,... ...j.,,,:-..1,i;y7,:::,c!-.,z..*;.-:-.!:•i- 'ai-W,,''--. - • ..,---: -'i'e- ,., '-,A3.t4:, '4,,.;43,-.1::'''.v-,''•:'..'S,-,,,,:.:.‘,"_.&;-.t , , • k-,-. to th ...- w ..,t-, .:- llAk'i-r.V‘,--.'7 • Reference .is r:madev ,;• ,City'A•froquest to acquire our interest in •-A :.•,:• :, i' - . approiimately.-2:61acrtia",of property for enlargement of the Gene ..,v;,---./.:,".•••• • ,,,,,,,. -,,„ • Coulon MeMoriarBeadh-1:Park, at Renton, Washington, as indicated in .,‘,,\:• .,:...,,,,,, .., I red color on'tho:attached,Exhibit "A" map dated April 27, 1978. ''1"44...%;4,-3,.-• ''' This officel.-..44roparedtd,recommerid to our principals the same be sold 01 to the-,CitrfbitheVsUm.: 40;000.00, based upon execution of • -;, . , • . • •,•••-••- =•• •• -••••-'„,•4,-',.- ,,'..41,i4.:t!,\i",., •. ; a quitclaim.;deecr,in....the(3"forMJ•attaohed and labeled Exhibit "B.'I „r•,!•:!,!.=.6.,.,.:.:,;. . • ...: •:-,•,.;,. „•:•,.:;',i:•!:-.•;:-::f:,A,v..,,, ,,-...• :,--'Y.,/ •'''-'-'••'-'-'•'1.^:••"•' - +':^t rL4A2,'''''', .., ' ' 1 ';'•'• ,' .1•,''-,7'•te-:'^-,- ,,-.,,,r'',R- =,Z.u"...;,Y,trs,.:,,',.,,•:.:.;,.-,-flv -F, i,,,;;;± ,.q.:::::,,f!!':,:....-:•,:, Such a; sale.:iciiiid;iie 'biiiid'riiiicin'Aliii,.:City having made its own in- •;,,,. ,;-,,1:.:,. .-•, e.:3,,,,,l,t, ,;;;.- •• . vestigation'As:ztotheroxtent,of,,Burlington Northern's interest in the property.iand: assualing-,•all',:cos:tsyin. connection with the sale; such as .platpreparatioM;2.4f:mnytitle reports, excise tax, stamps, '''?•.4-0:,,`.4^!!.,.'t. . . recording Iiies,:.,:etATiiiii;:jfii0licable; will be prorated as of the date,ofsale;.0,:jBurlingtozi_:NOrthern will procure necessary mortgage releases.: : v----,ii-•1,,•:,,,,, ',.•1^..r,. .-'04.-•:, , - . ^.F,,,,N`. .-,J-4.,,".•.;N!..,-",,,,,\f,,V,^"Iy.,2.-----,'.7-;:/. ; - . i'..vx ,.:,'ki'...-:, 1 ,F.,,i:-..,•%^,f,,,P:0.,,t^..4%'..i'V...',. • . If yoU agree',,tothe:!abOve,-,-:pleasewhave both copies of this letter . . . executed - retUrningoliesigned:'cOiii-,,to me for further handling. , _ , •'. •-:,„,...;,... •,,,.,,,, ,..,,,r..,,2. -, , , ',.. F.''. ';i:,.,' . Yours'very truly;',:::, -',.. ...,;','A!c,;,;',:,::,: i... .C`..",',7,‘• . . ,. . . •4-,?•,, . . . - , %,,, ,,,, , i . / '',.%y: ,, ;,,•-',,,. -.'L.P.;'''',,,, .:''..7•;:,-,-,V,,,..'.:,'!„...:,•,, • - ,• !",:li ,....'::••:,. • . : ••••,' • •• , c=4,, ,,-..t,,,,,--:,,, ,• ,....„,-,0,.:- .. . . . . , IC ; k...:,.'• ':::-;-.4g.:f.,V,7;1-•-zYlt-,, ,..• -: - :,`,,,,v:.`•.. ' . _ • . `:‘,:e.<'..,-..• • , ' .11 . 4m ,-.,:.:•-.:.:,•:•,','•,-i,: q,,,;',..,!,'s,,,'!',.,`:::‘.1,-:'.:,,,`;:,,' ''Y:',:- .. . , .. , •,,.: , .i.7., .--: ger ,- Property'Management ••::::-,,,-,,:„.1:7' ' . . . • , . 1 . ''' ' ' ''''''' :,:,,;,'. ..'''veF''-',,..,••.,,'/,'‘..•,.'!.:`,..:, .....'•,••• -,; • . . . . . . . ' Att., , :,-,,, ,., :,,,,,,,,,..,,,.., .., ,:,,n,,,T,': ''-''-i,l'',7`'-.4..%,-,';!‘•.:”V.,S..::.-' ',-.' . "0., ,.:.,:,.s. ' ., , .• , , ''',','''F,1' ,.! . ' t .• '•'':''''''''''':•‘';',' e.:J.-':'s ,•1":,i,l'-,°;?..!..:,q6.,••(V;'•:., .' '',. • . ,.'.,VZ,‘-,;,•,:' : , i •, ;-'••L''^ -•.• ?.• '.,••:.:*t_:; ;.,;.,Ii:it.k.',;-,, •.,,,I.,.a, ,s:7:,•,, ,: ;N. , •:..."--: . . . • „.., , . . . CITY OF RENT0N::,' ••,. ;:),-,t,',.•?•,'";`,':,n;',:,.-A. ::>- .,1.'''''' - '-. -, ' .. ., • .,,.0.:.•,,,- 1i,•,,, • ", ATTEST ,,,..- 4 .,, , .•, . .. - o By 4.0}CO :be...•- 44.•• ... .i.k.4.11f C,V% . ,- i 41.11:Atettil a . / . . .. . . .i,:,.,,...,. ., ,,,..:: . .,.,. ..... ...,,:,;:„..,....... . ,......:-,.•".'.'qz,:!.%. •,;..•-•: _ Title MAYOR,' CITY'Or RENTON.=.-: 1....f.c4,---, • , • , ' 1 , . .. Date ' January.,-15,','1980.vc.;i:',.••••.%•,-2,:•.%•. •';' k,',-,- ' ' ' City Clerk . . . • .. _ . .p. ' •-‘ ,-,'S,,`,5',.....;'; :. .. . , ..-_, _ • , , i : . • . ,.., --..--. .-.,,,,,.,.4e,,:-.;.,..,-;i,:,,,.:;: ,_.-;.,,,-.,:,,,:--4,'ri:.;-,-.. - . '',',,,,,,,'.,-.•..-•- - 1, ,:,,-- ',,. ',s;..:',,- Al T.,1r-'..,,";;i1. ..^,1.'..i.;X.:4. :`''..,,r;a.C-V.3^,t,..; , , ' ''''''';',3 ;v:.- . '..: . i , j.. :,„t,f, ,:t-. :'-1-r'.-•';7',\''''•-•!'4^..'2:.1`i'-:-:A',':','74'.1Vi-'":.. . . ' , . File: ' RE-1750,Renton;.,Wk - ,,,5--::',..,..t: - ,; ",1;!;';;'" ' • , - • _. , .-,,,;, , , .,,,-. , „..,,,-,:_.•.„.,:;,-;,, .--,...:., .-:, :-.,„-',..---;.. . .'".''..',. -er.lr :. ,•,.!--.;,.:, , ;:*--%,..,':,:,;._',',-,`..1•,,,, ::-:'4•,,P.NJ„ ' , - ,_ ' - . -,..r,,':,-,,,,;,::;.'• -,- , . . : ..' ,.,;,•,•.,; i.---,,;•.?'4-';-:; , ,! .:.,'.,,-;:--:--;.:,-,-,.,., . : - , • ••v.;.':.-':='-;;.,-,.:;, :-':• ';:%,!:::•"-:-',-.Y, , ,,i';',.-z-.. ',-;":,',.;":1': :',,:l •-•.;.•.;'-: , ,•': . ', • •! -. , . , . . --.,.. ,-.,,,, -',-.,,k,_ -,'"'.;k--',,, ,,',,,":,•::::: ,:•...",.:;.',..,.)::i,..,..-:—.., ktiii A , ,,e-4A-sti,,,,•••,•:•",4,,, .,i;,,...,,• . ,- , .. ..,..;..,:-.•,,.A.:_:„.,%=:e.ircv,l'''C': .,,,,,,:•4.4.•:.1?..•;,.....k.-?......:v..451:1...,43-••• ...,-,1`,:•.• .••-f.,.. -. . '• '•'•rje.,:k:•••,","•,-4ti4,1-i•-').•Z;',.?.,,,,,,,-#0.1--.1.,t,...4,,,,t-.W,"`t.',..:.•,,...:,';',.;,.,,,, . • •-,.'.;.;,-.',...:..: .. 2.,1^41K,',1A7LY '', ,.. '....::..,..,;:i.,..:i.„y.W,.... ,',,11,.,:t; ; J..' • .411;•0::';:V•2i.':•*.'z'..,°-• '1.:'* , ..::;.-.'- f4.11S1,tar,' ,5,V.z:?W,W,i,t,-4-3s,..4 ...";4•;-:i.y.• :.:; ,:'.•,'.,...,:,,:-'•.:,,,4,.-t, _ . ,-, ...,, , „' .. '' .. : . -4, • ,,,,',I4• ,::,)-„AA,..,',4"''I.,".','.''•' -'•-' ' ',.,-....',-..:•'•"1"''',W''',•'•'..,----,4.-41.,:.t;,,,k...A1.'`,1-<.,,t1°.„),S.V.s.0.1 -C,`,..,:"Le‘ip'::: . ,:\.;•+-',7,i.:‘,,o,•,,m'-..::.:.-.:.-',. • ..,..,,,,,,„;,-. •,,,,,•„':,. . ,,, ,,,-, - , , F -.-/;.•,''•-:-.:-::•:'0:-.• -• •-• ' ' • • •.•.''-•'-',•:,,':',•,:$,:i•XX?:••:'',-4-'•- t':!-",',"Vg:it,'Asg.'-'' '''''''''.''''';->'-:''Akt'i.'---••=l1s-';'•''''"A.%:-'"'",'''.''.".•-;"'''.'''..',."';'..- • *• ' .0..'i'',4'.,.,-;',";•.A.:41.A.:4‘,.A.:.:,-.',:-•::..-' ''. • ‘• -„,,,_..i.2,-.,, ,i4n•---:,:.q...k... ..k,....i-Y.:-•:.„ ,..;c:,.:•31-F4'::!;:0,;:•,;;FAI-•,,,,,;,-,,, i.'kf',..1,-.,,,,,:,.:.,,,,.•,-;. :... ••.•:,::::,.,.:,.,..- ,. .,,:•. - - :-..'.:-. ' '''ttlik!'"4."'•:W•A'''"'-'''''' '''•: ' '' • - ''.-" ('---.'9.?-.P.:`M';'*'":.`',-.:z.V4-,',V.'":::.',V•11-1:i),:-'::: .;4-....-:',:,:...Nie,,. .,,:::,...:.k.-,:",i-,',,,,•••!;,..,-: ... • ••,' :.',...„.. ,• . , ,=,-...r,,,,,,17.i,51--J.:::„,..•?•.",.;•.-,-•-'' ,• . . „ . . . . ,..-,., ,,,,,,.,,,,.::,„;;,•,-„0..,,,,„0..;,,2,1-,,,:g.•,,,,,,, ,i,,,,I.41.;;;;,,,g,„*.,44•5e.,...,: mg.M.k.,,,.:-.-n ,e, •,..• .. .. ...,,..•••......,..;.'„,:,,:,- . ., _. - ., . . . ' ,,itil'Af-ty•-.:•••,-.f.,••-.. -.• ::-. ' • '' ,-.',:•,.,..-k'.';',','•,',16.i'-.."..?n,5:::1.;t;i:•'.4-1:44."C.;;S,',V..!,0•zt:•1,ig,,t. ..!:`,.V,c'..,1-..:-'1:.•,'..:,-:'.---'•.: ' ;.".:-..:'.-..:-.'-': .. .-. , '':- .:5„:,-;Y-',:... ,Y,...-•.:::::'.."'•r:A".;,.tsq•-•,.,:i." .:''..,,i)..7.''P'.,..;.f.-:',"):,,,?,%:::;-,e.-::.5:0'..F.'•-•:,:0,0 ,..,$::..,-..,- ,. . .. . , ,: . . , -:"i:',,,,,A,',wj:,•,- •,•.„ •• . . QUITCLAIM DEED . . ...,,,,,,,,„!,,,s•,,.,,„, ; ,. . , . ,.• ,::-.:•,...,,-.wc,,,,,-..,:,..,,F-i4f.• ':.:,:'It'-4,--..0:.',--1.:4"::,:-.,.. . , •.;:-.-•...-..,-.:...-..":::..;:".. ' • ' . •. " " ' • • :..,,,.•,'-:.•;.•z ,,,..-",-,•-e.:•••,„--,-:1.,-,,... -.,.,.„ .,„i•„,i.r.,„ii,,,.-:,:.4.,-4'v,1 r•,i5.7.,1.*.'`,..,:,',,,,,,,.,,, . '- • . r.ifi,W.Ii.ic.V.,,:.'.••.:'<-• ' .' , . • • ' '...,,,,,,,-,.',•••,,,c,,:;;z:.r-3;k1)%••-a.',',,'-',.',..„-4`',,4.,'",..,..'f,I,C.r,%iyi.,',„..:,..V,,,,,1„,..a.i„,,,,,,,,i17,,,,,,,,,,,,14,,,,,,,,,,,„,t„,,,,ites,,,, ,,,,t,t,4,1...1,,,, ,,,:.; , . .. ... . . . pA.,•;,,,,,o-w-',,,,,,,,..,',J:,:•.: '• ,,• • • •••.,,,,-,.:.,,,'•,..,.•-tr",,,,a',,,0:4,1,,,•-•••1,,q--,.,,,,:,k,-,.--t..5.,-•,.1--•-,(wil":,,,,,,p!,7::,--,,,:,, •,,,:--,;.,-..2,;,,,,.,Z,...,--,•k.-.„:,,..1,-;F,,-.•-,:, ., • r':"Pg",,O.,1/4.,',5,•..i.,..,,:',7,i,.'.•.' ,,,.:,,,-,,.....1.,,,,,.,,,,,.„.„,,,,,..„....;„7p,,,,;,,,,,,.....-:p,',.. :•.,,,,...,,,,4-:,.'1.,'":;.-;,‘1,-,,.W.V.,.-,1:g.',";-:;,:,-.:,,,,,,;:' ' . . . .fr.-.:1,45w,or:,1, ,,',,,, ‘,... ' ,_:••.' . • • •'•. =',.••• .-.1:•.•'1,1',„:',..:::.:'.A,i-e'....,,,k;.:....,...,-,,,,,.%,-;.,,,,r+,,,,,,,,..-/,....,-„,,,,,;.„....,i,zh.,..4.72,,,,,,,, ,,,,i,,,,,,,,,,..,y..,:. . , . . . '••:n•'''"-Wi-:iiif,'",-':.":::":',;.• ••• ' • „- '- ',..1.4.r.,,,.-• :-',,..4f,,2,F,,,,k,,,,,.;,-1,.',4:',,,; •-.447,-il,,,,,_„,'..,'-q%:',.'".,...,.'',,,,TV.'''.,,, .....,Y0J•,•'-',,':".q.`•-•,. • -' " ' - The GR—TAN640iDRtiildaRAIORTHERWANC':-;,'a Delaware corporation, for and :,,'6 I,••,1%,,,,j,-,•',',.;-:,,,,[7,.,.'7" : ,' , - ..-..P.1'''''• ••---,•.,4"- - -'•--- ,....1„,-;,,'S',7•,..-, ' 7 ' '!:•°k#?"•;-;'''''''i' ' • - - taiNiiiialikiiiyfooP,66frateK(slo- oo) n consideration-... • of ... ... ,.:4,....,,:,,,, ,.. . .-.-.. ! and other good and valuable ,. v,,i,,,b,,i0:-.:.,•:....,::::. . .;••• 1, ,,,-,..,...„,..,..., ..,,4•.:',.N.:*?..^,0-',. .,,..,-.. ,,,,,..f the.,,,,?.... . , consideration,, conveysanuAuxteAaims.-Ax0,,, , ITY .OF RENTON, a municipal corpo- . .. . . ,. .,..- , ; ''''Tation of Kingi ..County;'./gStateuf,s1Wdshingprini2„._, ..,• :-...,..,.... , any or all interest of . ., . Burlington. No theinAn& inAhegfol.16WingdOstribed real estate, situated in. the -,,,.....,,,,...‘..,•.•.,,, ...•..-,'. .-.•:-..'-., -.-..a....4•.-.....,....,(:-•-,-,•:•.-:.,-:.,. .•:...... .i.,•••.:,-•- c.-"404v:••••,-,•,•,.., , CountY of Kio ,...StateOU:Withington ,..,including, any interest therein which Grantor • • --. ,•'----.A.....,1.,:,,,-,..!...i..<,•:•.,:-....i.‘",..:-.-• -•-•..,.• -•:,-, ..•....-......-,. .::::.::4;.---3,,g,,,-.-./,•.:!-'-.- ,.. ',4.,,--,,,,.'4.-..•,...: may hereafter acquire.::44,......-• -,..,....,. .,,w,;,,,,..,i,,,,,k.,•:-..,.,.- 4,-.:.-,,.,.,,,,;•-,•,•:-:,::,,,,,,...,,...,::-... . ,,,,....,.•:1,-,,,,,...,.. •......myo,,,•;,,,,,.s...... • : . ....„.,...„..,,..,,,...?..„:...„,,,,;.-.-.,;::-...,-..,k,:ir.....,A,..-,....,,,:?:-...,,,,,,,..:::, ,g,,,...".:C...!,f,,:j,.:'1',;:',..,,..4...t,r,'r; ''•.,'.• • • - • . ..A.:14'''''''.,:'"''''",'''"' 'r • ' • - ''' 7.-"',''''',I'',."•;;..`C'F....•[,"i-4.4V.•;,1.,,:‘,.."^.Pt .,,,A.,..„cc,-,,,,..;,,,,i7A,,,,,,..,„7„,,,,,,,,,,,,,,,,,,,..., ..,... , . . : ; . ',"."";',.,.1',.',7:7,c,,;',',1-.!,'-'i,/.:-.h17,7.1 .:74.;,p,.`,..,"41,4%;,,,,i',-i,i;g,3.,-.6c.,,,...1*,,c....i:C-1.:4,;,,,,,, -„s,• , . . , . .-, ,''.4•1;',4'4...'A..'"'.;',..-. ' • . • , • , ,,14,;;;,,,,•(.4 e,,,•.",.".•,' "'-.' .' - ,. • „.,,‘:.?'!‘,.... " •'-'VC.Yr:',:-"i-R;.:t.r'Y'lfAr ',7"?i•-•:;,.'•.,72,'',;'-f•-g1V.i.•,i,r,f.if.',,V•ij..,--•'-'•',•'', .' - - , , '•'"Wil',.•••••0'.''''''''''''•••'•- :- • ' • •'• ••/.';;S'i••!.;•:••;4•''-;.rk:,';:•-;;•,;',74.Qrr4'•;Jaffir;•/;X.-,;!.',Z,,,t;',',...,:•,....7,',4--.6 ..,.7,7,71,,,t4..t.v,,.4, ,,,,I,,,';.1..;2.."..;,,,,,,,,, ,-,... , ,. , . • . , . ' 'Ali;.',`;'..,,,fe•4:,;•1",••".",' .r.-• '' r'- r • • .•.-,,:',.-', .•-„`•:;07;4•,'",'i',,F;'.V.'',T.,,,V,;.1r:A.3.577.-.;“.'21P-'1,,,,,74,. ..41-,T•Vi,;:l.:4,"j',`'''''••• •••••• •r•, ' . r , ' • --"!';-.,,• .:;';•:?:';r.'''...:°,,,;',",...,11-ei:1 ;.: 41',;".15. ,:',',i:7-.k$,..W.I.,-;;',W,',,,,,-,..,.. ' -- • . ,t,f.t,F4.;.;•,-;,. .,7',, • -" ' ' ...,.,.,'.....,-.,..-,,.--,.--'',:,:.,,,',',.'4,1,-',,• '' IGAW-,..,DESCRIPTION . : .., ., • • , . . • , . , , , -.:..;:!,....!..„.„.,..x.,..,..,,-;•,,,.,...:-.;...,--- -...,,A,.... p :.....•••••.,.;,..:.. ,,,,.-,?!,F,..,..::_v.: .-......,.:-.:.: . • . •- . . S . . • ..-•.•,-....-;•-,...:...4.,,,,..-,---- -•-•.•,,..,,-- -•...,,,,,:•-•:,...t....,..h, -.,..t.,..„,:. -: , . . ..: . . . .,, ,,,...,:.:,;„.,'i.....,.';''.i.i.....:''-,.,.i,, ".„E..:,i-; ,,7:,,L,,:v:,.,,,-„::c, ,,,,,-, ,, -, . i ..4,,,:i,,...:,,.:,,,; ,;.-,,.::::E,"„,.--,i•• ,. • , ,•,...,,.,,,,,,,,,.,..„.„ , • . . . . . . , . ,,,:,:,,,,,::-.,ti.,,,.,..,••5:•:•• -• • '' ' , -.,:.-.';',..','4.-4'••..,,- ,i,'i'','''.'''..D.fk:A•',,z,:',?.•.!.v..•;.`,'-'4-t•1,,;4?--;`;s..0 .S,•i',-.,,`-''.e.-i,",,-,'-.'.. ., . . • . • •.'''',.*Nn',,--,',..-,.-1,',1,.'1,,,,s1',.',..• .;`,,, ,,,,„ ,., .:.giii:-.";,;',.11',',- ,'••, , . ... . - . IN WITNESS:4HEREOFsaid-l'-corporationhas caused this instrument to be ,::.--!. .--•:-/:::,,,,,,,-.:• ••. .-•:. " - - ':';' ,';•''':''''.:::.- executed by its prUPii •CoffiediSind',its corporate seal to be hereunto affixed this :..,,,,,,d;•,...,-47,, - :.,...:.•-:..,..,:,-.--:-•......:.,...7.,..--. ....,,,,.,,,,,,...4....:-:y...:,i:.•Am... ...•-,.. • ' ).- -:'--,-:•-,-:1,•-dayori'aw -!,: 4-1,'. - -- ,-. , 19 . , — .--,'•/...•-.',..,-..i••••• . - . , • .,,:r1,;,.:..,;.,-,..-i,y: •-•,:. .. - . . , -,„:,,'i.,:i..-,..-. .•.-?;',.!.'..',v...f.r,:.:a:k?i,',Ali-k-,4:--,--,-;*:;•- 1,..,,,,,, ,,,,,,.,- -..A.;•• ,. . . . . . . . , - -• .'•-`ie-::'-'•••,,•••:+-1,0,t,,4,....„,,,t„,,,-,3,,,,,,.,$1.?,,,,,,,,,,„,,...,,,,,,,,,,„ •,',7,0;-t,J.V.,;:, •,,,' , ' • , .: , '-'••••' ',',.''.•,;•‘,t;i',,,,:•t"::*.-1-',..T4',:•4-..'':•; ;•,,,r.y..,!,;-,,,,,,I,IV*,...,••,.,i,-,:•,•:,,y,...;;,',,44-,.,W,,,,",,,'•,,,,•,•;.,.. .,. ..•. . ' ' ' ., . . . • .„...k,-. -,,,,,-.-',,,,,,I,',,,,1,..-^-1,r,•:.`,::.'WA,V?i•,,*,.t.,,:',,,d•t:,,-,;['•'4:'-,•;;.,,,,-.'14;11,N.1,n',AYti*•',m•,:''',-- -' - . • •,•'''.'11 ,',,/,',."2,,';',,,...,.-.., „ , IURLINGTON NORTHERN INC ' . --:.'-';'"4;::fs'"'''''''''' '''9'''''. R'-',''':"'"',"4''''''.1;,'4 *; . - • . ' • - f. . . :.i't:',,.,i-4."- -,-..;-:•••,: :::.-.: ...:, ,..,.. ,‘,...i..,..,-,..-J,..,:,,,:„.,..,,,..,,,:,..,,,-„..,v,...4.-,,,-A,::,,..N.,,,,,,,,,....,,,;:.: „ ., . .. -....,::.:',......: ..,r.,,,,,,,,,,,,....,,,,---„. „,;•;;;4,,,,,,,,,y.4.Fsp,..,,,:e;:r;,•it.-44;•F-Ni,!,::k,!,•' • , ,--,--,,,i0J4''''''',7d,-74;;•-'4';;,•,,,J3..,',..,,,,-,.'k,'..:.....,1^41t.,,,,-,'-'",',A...9"Cg--...,,-;''',-.,- , . . • ' .... ...., • . . i'•'-•- •'••4 'i,r•',••.''.;C',,.,,: ''..' . .. "•••••••;'.•Zr''-'1,,• •P'r•'''•:!..4...,•*`',i..5•2•"1'A''‘,“;•.3.; ;17it'i'';',..,2,,i.,7'4,',t.."-)V'.„,.:C.,„',5:`,,,,,,,,-;c:„,c, .„"..,,',... ,,..,„,,. , _., . ., ,. ....,...? , „ . ''k'l.-,-'';''-,.',',.',, ,‘'''..C`:•cs,---,;-•".C'''.,'''..(01,-...:',,••---.Z. ...,,,,-,07 .i.t,,,,..:Xt,,.. .?,,,,,,,,.,„,...,,,LI.,,;,..,,,..,.„,„ .,,..„..., ., ,. . ,..,,',.•:,,!0,•,,,,yi..N.;',.V..,.,'':.,•,„..-,. • ,., '• , , '......••.....- .4,"?..-,,,,;:•,!,;3,i,'t,,,,,,!4,,,,•,i,7,T1..7,5111,C.;:.;,'":,..:',,,.1"C,;,.;,7.-.. ..P, ,,'I.?..,,,;;;;,i-Pi,,7;`474,.::s7,,..-•4,1,7`,-, ;..".-,.,.'.,.,-.,,,.;; ,..',. . ,. ' ,.-'- ' ." •".. .",-.• , . ' ' •' -, '' , - •..i. By''.,,,t.'-'2',";,!:-"•,,l,.?-q.%••''''„, ter4.-.;g4'.`1,!,;.; ' ,A,I.i?j,;;9?7A,7.:AR';:- i:t.i'...-;.'':-,-.. „, :'.. '',,... . ' '',-"." ,..)"";::','...,,,...,. ,... , ., .. , , .• ,,....'.;,t,.;,,,,,:::.,:37:'..V•..'7,,;',,,X.*X.,.til,!>1.„'Y''•:..i.q..',,i5,t,l',.V.V.,:;',,P,V{Z`:,,PA,.9'-f,,, J...,.,.. ' •' ,,,,,,,,,,..i•,,,',!::::,:,,1",.' '' . ',..'',.:•..,,,,;','.'',.,....t,,,-,",/,';',,-.'•-•';7',..-,.••,,,''';.V•..1n.'??-.,'',-..":,;,--.,,,I.,,-';‘,;,-c't;,; . ..', ;'....;„,... ::',";.1'i•Yi.P.',A'', 7•1%,h,,,,%7'.C•,T:.'1;.r.Mj,0,''..-4.',V•.: '', ',..''At?.;4.V,`"Ice;;Ir'',!';';'• ; • . - • ,, ,,,„,,.. . ' ;',-, ,',,,,,.S!7-',,,,'',,”...i.;.“1:,;''',•,:...,'V4''..',:','F'''';:•,...s,i',...1Z.."';.,5';;:.;,577,•,"•';1""11-74",i;',;z4,,,,,,,:,.„,,,,,,,,,,i;.... , ., . , , , Vice President „ • :-.:5-.4. ;.4-,..,.?....„.•,•.-•..,,,...:-.,, , • . : . ,..• ..,,,.i.-4'..;,,..4.-0, -,..,.,•,:.:,,,,s..46.,.. .f.+,.,••,.:,..-4(,41:.1.,-....y...w....:;0-,,,c,;.z..,...iv.:w.::,,,i,,,.f...::,-;.:•,,, .-....,..--..,.........,...,..-,..--,-; ,-,.......„:. . . . •.".,....., '-, :...-, -:;..•,....,.:,..;...,•:,-..•,..• -' ,:f!r......A,...:.-..,.•:cii'-• :• ;.-::., • - . •• . •. i.:.:::::..*:::fi.P:"..!!ii.:•`,-..,. .q.,,4-1'..'fi,‘,504-V,i;:.,,,X'-.Y.i.-.:--4FA,1,.,;6V,1•-;:::.;:•'..tok.';:•.1.•...-..•.•...;-:...•.::,:.. .:.-:-.. .;-•.',...• :.... . .:...' .' . ..•-.. :..-.:,•,.A.?..<:-.:.'...., '-..." .z...-...•• ..•.; ; . ,-;-•,','-•,,i'‘':'i••••,,..,"...1:',--;..•••:,,..-- --:-.."..' . • •, '. ..,'..,-...,E;::----,::.;.;:-N 'F.•,74‘.;-•'.-::: ::1-..c.f.::: :,..!_i ..„..,f;•„..:,i....s.,!,,,,•.,:i!,,i;...:,;:.-,1„,,,w,,,:, •:.,,x,,..,,,-a.,::,, , .,, . ,,,,,,,., ,. ., .. .:..,. , , .. .,..,•:,.., .. ,_,.....,,,..,,;.,.. ,,,, . ,•••.,t-..c.,,,;c;,•,•0;;Arn.',.. ''''',,,'.'",,,1,44 7'.'i.,.c •.' •"'‘;.':',7‘;' ;'.ist.,;',.-i.,,,..,,,-...: . "' ,..r..,,,,''','...,.-- ,t.,. ;;;',;;;'''''',.'''''.'‘)4,,11'.1.4..!:-.2`'.4:X,•Z‘,4..."?.,Q1,,,SBirqfq,'','..:..:,.',.... '.",,,,' ; ..",:','''' .' '' ' •.'";' " ' r. c''',','',;,•:;•.,;C..,'....t".r.•••.,' .P''.1;'',rl„...',•,',,••,.' • ..,,,•',A1',": 2A',e',0,,,1,:!,.,,2,:,V,Ttc,'Q','14,A::',C.111".':.;C`r:7i4C{:41.."5,&7.0,1,` •‘'.;''''' ''''''''J qZ!'''.'":‘:';"''.' ' , • , .. '. ' '•-,.'...,,',.:•.1'..,•••-0,-r$:.','W.-Z.,'....:....:?•';'.3•••' .".'.-::'i',',.. ;, ;14,..,'<- '•`-••Z''''' - , .-o,,,,,,,..---1,1,-,.4,,-i...;‘,-,,,,k,-;-;-,,:-,,,, ,,,q.:,....-.':',..)-1-.,..,i,,/- ' -;...„1-,,-.. ' . '- . Secretary.. .. .---41...?. . .... --. .,•:',,:.,:..:.:..-4.,.-:4:?..,::::::::-.-si..s., ...--„.,:',,•..,;!.'""--IC•."'1,-.",;:',1,.,',X1',z.:,,,,,.:,,,,.;Pt',;;;;;',,3:,:-,.. '.-.. -- ,' ,' ..:•- ' '' • .... .,.•, ... ..',' • .'• ' ., ''''•"•;;• --..•''''''.'';',-;•, '''.,•;•r's•••45if,';;'‘':•-•,,';:tSVA:4`.17..,;', ..4...:C''.'"...';'','''',C7-;:•Alifi.i•,Vr.;.'''''',..-'•-• .,'. ,'':"--;.•''''.-'''' ''' '-.-,''•-'''',' , , '•r•Y•'-''''''''',...;."•;•',,.....,• ,T,', '''.:;•.;',-;•:".••;•''''''''' . • ' •:••''',''STATE OF MINNES T '4•1•1)••••_,.: ri+Air,'.,.i.i;••• "--',;•-a,...,..,,;,„C.r.;‘,.'•-,3tF,';',;'..:41,1t.r:,',-,..,1,,fe4.,',F.,..,:N.O.A.ti,...,!:,..,,-,. ,,,,,,.... '„„.,,-.•:.,,,,,, ‘,. . .' ,-",., '• ', •',".,„. '-''..-."':,I c;';4.;„•,...-...."..,..,4,'":.ii:.-;.,• ', , . :'''';',',:.'',',;:•;;`•!;.‘;:•-.':- iksi.1. !'`Y•''':'''''-k:" ..3..V,v.`4"4"1•;:i- 1.0.',..':!2--14''!.';?'-!:.'ei's. :`,.t•i..';''.4".•• •••i..'••'.• • ••••••''..'. .:' :v..- .': ?, . . '•••••;•-:-.4:: :.-1,'..':'.',;,'''''''' ''..,;.-,-- .,.•-'.":."4-..,•:;••••1'.-:-'• • .,...•. .,,,... ,:,..,,:vy...-..,..,..:e.,,....a..,...,;,....,4..-:;,.,',v-4 ,. :.,..---•:: •,,,,..,::?6 ,n :.-.:i r::•!,"•,..,:,•', --i:.'-.•'', '. •.-•' ','''.'•-' .• •:." ":.,..,-":",. ,:-',-,.•• '.. -:,...,';',,',,,:i,','•"-, . . "-",'.0-'1f.-,-,:••...• ,..., , ,. '•''',,,','-',,,--County of Ramsey 1,PM:,'-':,....r.'`,,,i'er-;.:44,,,,z.,i,,:.•.1,:',,,,...f,,,,:.,-,,,,,,,,6,1,,',..,,•,..,,,,,,;;••-..:•,-,,,•,'•••'.;,.,,,. -.,,,,• „,,,-- •• , - , , ,, ,., .',--•,,..,,.•;,,,,,.,-,,.„,-:.,•-•....,,,. .,,,,,.,: , ' , ):'•i-,1•,•-•',:-•`-',,,','•." ..-',;Q f{,-.,,,=,,,,,,:,•,',•i..-;',!z•N-',;..4.,0.',.,"P,..',.•: .: '.•, ' ., • .s•,- ,, - •.,; •'.;::,.'''•- .... - . ,, ....:• '',',?,,,,`, ,,ik:',,i,' ,'''.. . '-''',','"•''''..'•''','•••‘!''*'.;) .44'SA,'• ;':'''',`'er',•5'.',,14,4 ''.;-..,',.`,..,';Ni-',:q7"..,,.,,":',g,•,;,,:,7,":3;3•41,,Y,,T.:,...',::,•,,;,,,,.',',..',„•.,-::L'..• .,,;,...,•:','• ,• '. ,. ;•,-,':,,,-•.? .1,...,,i•, ',' .-„..,,,::'.-,,- - '`, ','.,,:e''{',,,,-. , . . ' ' ' : "---.':Rg'.:4,1,,:',S. ,'"''..,',,,,.3,t,;'.:,'!4.,;•'.,'„•t•'''.'1W-7,'',At.',0,-',1•s4-i!•,%,'/,.,,,,'..-5,,i',VP-'^X.,,,t,:•v:i.:'.•'''„:•••1','";',',,'•••• :.".;•- „.'-'1..',:::• - ,:•. ', „: ,,,;.•-: •"...•••''',.;•,...•-•,•:,'-, ,.•'.,, ',-- •,:,.,,,, , ...Me,,,,,,..5„•-, :,,- ' , '' .' •'','-',:•••••• ••:,•':••V',";;;•';', 'Al'-i..',•';'•,,,.4,7•A'1,:,",..7,";;;','„?.4.k,i"•,,(g,,,,,IF•_^',L,,.,;,, !;•„`,,,,,,,,,,:'ily--;-:-•.,;,••,:,- ,.',.•-•',-'--• ::.., ..,,.., .' ' ': - : ".." ' .' '--',•-:-• . n • ..,i.. 1..'.'•, .,..t:V. ,•;r-N,;,-'.,.•;V'Wit.''''',.:;b'it.i,••:'&J;'•frf>.Fzt,r1• 72.'j.1V-.?'•''..,•-:-' .;•-.',.''•''..''':• '-, 19 .• i before me, ::4‘;...:::.-Q.,•. OhLill s''!••-•.:-',,:,••.4•,:..:,•'-,,:.••, ,,^,•:";1. 1Y,,,,'',--?,1,.z, ,az,:•.,. 4,,;:,,,,,,,.. ,,,..:,,r,.....,-.,,.• . ,- • . :,.: •. ..1,,,•,' ..''''I''' ''•I'''''''-'i'''' Undersigned, 'a Notary.-,Publit.•:.intanit:t.f6r,,,.......,the,,,--.4tate of Minnesota,—duly commissioned and sworn, personally appeared.,,".t?..?-,..--i,,,',......-.'::.:.:-.;,-,,,w,,,4,.T.-.-"..,(s•,:„-,..:_-, - . , and • . .. „..„. , ','.,..•..,,,4, .....',, to me known to b -Ythfirlf...,iceTre,sidenf::art ..,,,,•!,..,,,,,...,..--- . Secretary, respectively,. of ...., ,,,... .,, . ,, ,,,,,,,,,,,,.....,,,..:.... • ., Burlington Northeriv:In6 *he.'.-Yreorporat*O*4hatexecuted the foregoing instrument,-...4. 4,:j.: .4;iy,,,-.4,...-......", , ,_';'.'•-:,-",•;;,,j'-'i ' ' • •' ',,,,,F;',',.:,';',... . - "•;'""'"-H-' and acknowledgedthe' saidinstrumentto,bethe.Jree and voluntary act and deed of •,. _..,,,,,.., .,, , • said'corporation,-.foitheAii6Sandl)UrposesXherein mentioned, and on oath. state ,, ..„..,..,..,„7. . ,,; .. ,;.:„••. 1, that they were aUthoiized..-/:_tOOXetutethesaikinstrument and that the seaLaffixed,„.„1.,„:::,.„_ . . . -,0:.•,..,%...4.-`.,..- • . . - '.....,:-,,4...-.. .: . . .,, . ..,!...;•.:•:,'.:::.,•.': • is the corporate seal Of..--:Said,.-to.Tporation...,:j-,..s.:::;„•,•:•=4,,,,,,, ,-, ,...,... • .. ... _. . .„ ,„.,:•,,,...„., c.1,,,,•_,,,,•„,,•,,.-„ „.;.,,,,,•,,,,i•-•,•:,r,r,,-',„.,:,hi.,,, : . • ' , • . ., , .., : ...' •.-• . , . . . I., :',,•,.-.1,!;,!.. ...,•,,•:,.-„,..,, , , , ' ' ,year •',,,,‘,0,1,11:::'',-•,.,',,,',' ,,,,:,,,,','',:',,,'•c'-.,,, . • Witness:my:land-and....'6 official affixed' the day and year first • . . , . _... • • •. ,,, . ,. , :, . , . , - •-""..'''..'i -. above written. . • . .-. _ . . . .. .. ....,-:,!....... .,..•,,..:.2-.,...,_:,--,..--, _ . ,,,, • . • . . , ,,,, • • . . . , • . . .-„ .. . ., . • .. •. . .. . , .. . • . . .. , . ....-.4... .• .4'.....,-,-.J,.-'-•2.F......,.,.•'!:.-•:.:••:•;•:........,,,f:.'il. ....--.,,,,,• ..v...;:-.::::• . . . , . - . , _ . . , . . .. • , . . . -.. . . . , • S. Public in and for the State- • ,,,-..:::...•:.:::-... . , .-.• ..-• -•••••: ,:f.',-1-.•:,:p.,---.-- .........•,....:...,•, ..,:•-.,.--,..:-:........ .,...Notary Or .. ..• ' '''''''''-'''''''''''' '''''''''''-',”.:''..P'-''' ',.',. ::ixe•-v-.':-Minnesota, residing at . , . ..:. .. , .. ,......,.,. : , .:,.-,...•,...:-..,,,,,.,,,,..-..,•.:,,,J.„,......•,,,,,,..•••,,,,N:i4-,,,!...,,,wz‘,,..,::•:-Iy.,,..,....4.,..:......,...,-,...,.:f,,,,q.,.•,•....,-.:... - . .. , ,,,.,...,,,,„v,:...-,--„,....,,,,..,,,,,,,,,,T,?„,;.:,..-..,,o.„4,-.7,:g4:5,f- ''4i-,4J'3';e.-- : •Tr,:.-.'. ', ' ' . . , .. ,_ , ., '' : '' ''''''';',"/'''''''''''',...''';‘1/2--;'N'i',-':,1,":,`;- ;-",t.:-.4Vi.''A':.!"'A';-',,s3+'...ez•:‘,,j55W>,-,•%,, : -,, . ' ' :'' •r,i',', -,'"--,:•••.`"-,Y0.1.','-''.`,-':•-•.-,-,"-'.-J.Ve:?!,•Z;:,:*:-`,;::',-.',;!.N,th-.V.;',:At,,,.,:i,'F.,-!-',.-.'.•- ;_ , • . ''*:-:-.1;•-,..f',!•.„-.-.,-..'', ... ... . , . "'•:"'"' -. ,-'•'""' •'',..- ,,:ft,,2,, , .,•'''.7:?-gic•-C1,.*?,,,,,.Ly-4!:) ,:,,,,,,,,;.,:.,1,„:„..,;,, '",.' •,•-- ',...-.••` "•`,•:•.r...,:. 41J,.*:.t.;:-.',,s-,.',.:,,•'•'?;•-l'f;.,‘X..- 1•1°,,v-t•-•.,1,-`,:'-"'-',,,'-'.'lc..•;:: • ' . . •.•.,' ,,' - ' -, .....,,4,-;„-,-,-,-.`:,•...:-•••-••:',..-,••,,,4:*',1":,.-tiCf1),,,,',.',•,--,-i:-.,,-,,,-...:,,,,.... -.4,,,,,,,,,,,,-,!?,,P„,„•-,•,,, •,, ', . , . • , . "''',:-,,.,,,,,i'!'-,'.,,,•,-.--:.','>•,.',',4t;,',4',,;.:,'•-•-•,;,,,:••T•e•q-•`•.%•,,',•,?..,',•'•ak,-;,-'••',,,',-. '•:.-,,::' '- . .. „. .,•-:,.;-....,,Th-T-4-1::,,';'.'.:',-,':'-r::,;''••1- 5.:`•'.',i',,,, ,•!-,Wi'c,f-'',','' '''-:',•'•--",!',.1•4-•?.''',.-‘,1":',',.-:•'.':,::.'•;•" ' , '. „- • ,. . . ... • • ., ,, - .- .. . , , :•,'-''.',1i,,,J,2":,III,:i,,',.'".-',"-,!..h,,,,,,....;••N:if.,,,,,.r„. ,,-,,.,•„. EXHIBIT_!1 !B. •••• • .,,::.1 I'''.:-,' .• . . „ . . , ..--, .... ... , :_ - ..., .....,.• . • .. . ;•;'''.,",''''•:-• •'.' . . . . , . , . . . • - •; : •7.:.,';.;-,•''.:Y•i.‘'.,/,',''•-', ,',,•fq:,..:-...''!,.'...-,..i:''-'''-'4,","'-'''.C.''.;,',:::"-=';'..,t,,,1,4,, -,:,.;',.;;- - . • . . . , • . ', . ., ' ' . ":..:''''t,'-'•..••;;;,,j,,Y•4,‘..?,_,''''''.;-'7,,'„),-41'''I' ';',Tiri`e-'4,'''''•af,I,;:kr•:,•';.:';'''''','''''" ,`” ,:.'''• • . , . , ' • '''''';'1;''''..>'''....;‘',.'.,,i7-:'..',4?.!.1.:.....V...!!',. ....,„. .,-,1,,..,:,,,1...,,..,....,,,,,...A.,,,.,..:g.j,,,,,,,,., .. . . . , . . . . I . . ' ." '"''''''''''k''''''',:-...'-.1,T',',..'..!":,'..:‹4...‘...'.....',.:.,. . ' • . .. ... . . ' ,: . . •..;,',T,''.•'• ', ". „ , •:.-', • ,:.,,--_,.-.?•,,7-,.-,.-!::',;:v.'::-,':dr,'-'•7,-;',.;,C.c.•`q.".-'•'',.',.'r -,'-,'-,"-•'';','''•"•'.-',,',..'Zn:1;.,',, • . . . ., • • .''':'.4;•:.•!.••N::••..`' ': ' . , '' .','".'Y.."'•:•::-:!;:ro''-4--•,,. .,,,,!.•l,,,l ...- •••,,.•-•','- -,,C...t..,T., .,,,.;RP,,,•,.,,'1,*-2,',.,•,,,..::,;:'; •• . '•"; '-.:-,:tqc-,•:':!..,4''' 'q:'.4'47,;,i,-..,1,:,-',;„,•:";:„.•.. .• .. , L . •• ,',„7,,,,,,',,:.,•,•;,',F3:‘,,,,,l;,i,,g,.i•.t.,;,..,,,,r•,1";;:..:'•i.,14'''' ',,),?,..,A,m,"A„",..,;;;',4,,;,-,..,,,.,....•, .,,, . ,‘ . ., ' -• ' •',F.,i,.?%V.,•,',--r•t'',";,,','',..-1''" •, ' •-•'•• ,,-''.'A•!!..,4•••,....,',.•, .,,,,.,,,.-., ,...',--,.: . - ,.. .. -,••'''';',V.t„:'..--";>-:, '.,'• -"--: - ''" 'Th',•-•'1 '''•,'-'.V.'•',. P;;;','',44:,,l'gN,"'"•"?;:4';'.,:i?,',.::., ,r,',,,'',,.. .::•",,, , ,. .:':.'•: .., ..-!.. •-,'' •'..,•-, ,,,-;:'1,',:.':.;.7,0. ,''''; r',"- ,,' ,-.'. :..-.';''••- ''ArT2P, ,`,-,'W.,I.r.:.-.:,,,1, ,. ' " . '...:,,-;14 .;;';,L7,'-';',.6t'-!0,i''''.;"ek9.3,';',4-kr,''''''';'ittt,'•'',.',if.e:•:4•!,-,YiAP:,,,A0.4f1,i,in,,,,,,',•••.4e.,;,;.1?,7,,,,,,,,,,.-.,.:: ,:,.-.::,.-- . -, . :„ .-,s:,,•:•,,.. '',\l"-'''','I'''''-'''''','''''':-..- '' ,'"' ''' ' ,,.'..,.)•,''':•''•'.,`,'-',',X',:=ISIT,'';‘,,,I,:':4.-!• .,,,%,!;,,,,:-WZ...,..,,:,',-;-,,,;;,,:,.:',,,,,„,,q,',1-.1i,',...',,,r:0,1,•lit.,,,,.',„,..,,•;,.:,,-.,,.,••,,,,,,,,....„,..,.,_ ,.,.- ,'„-'..„.:-...;.f.:-,,,:,,,:.-,-:,,,,..-1'.:.,',,,•,;,1,..„...',,; •.::, ••::--..- ''.',',;,'1..7';'4',M'''',-";'"-,'.;'.''' •''' . ,•'''1;'.,:'i:.''•-•?'4-;:‘•'..--.-:','•;:.'=',".-••(;!''' 'Vl.-....',-,,,,T,: c,,,,:'.`.':'•.;,,•'',,;.,-.,.,',!,-1--vt-.-r./Ig.-::?.-.-r".,'"--:••/•'.(,-.--;,:1;';;• ',',-‘,- ' ' ' ' •, -,.'--..',..': .;'''.;', :- • .... '' • ". ' ' . . ,..,-..:,- _ 'v:•:,.,.. h'10,,1",:,e.:::,..•,• , . ,,qtk‘t.;g'2:--:- ..-; ,'.•• •. . .- , ,:-..••••,-,,,,,,....i,:,,,, :-:•:•••,,,,e1.,. ..:.-,-.24,:,-c,x-,,,,:••;•:;:„.),:,....„:1K,,,,,•5;,,,,,,,.•,,-„,•-,,..,. .. ,.. , ..,..., ,,. , . ., • . . . ., • - . PI' c Fii'Vl-, " •• •:. ' , . ' ' - ..:;•'.`,.'•; -0.',=t-•-...1-7.•,,,.'.:g; 4-v,,,,',7Att.,7.•v-r•,1-1-••• •,---...1-2,,,l'.•oh,:l..ri• ,.:-n„.. . -.•, ;,-:.•-,,, . . ,. to 4.4:4,...-,..-••• :1 ,.?,--- :"-- : •,;- ,,•:•41,t,•4.1k.q.,Z•A" .• _ p',Riv.01.1C:g' -i-'•i••i$••14-•'''''''''•-ct' '''•I''?',--• - ''"'`'--':':' '-';' - -''''''-:• - - , • • . . , ,i0,7tr,o,m,1•.:•„•:,'yr,,-•,,,'•;',. ., • , • ', ,,.r-..:,•••,,',-,::•,;,5;•,=,` ..,ti•,q-,;.'1,,,,ii';',V1141,-,--ZO•q4•:';4;‘,4,MLEGAIk42-!•-'`:::--'-' :• ,r-•'• r':'•••• '''•"•'' '.•••'i-•••;--• • ' • • .* . -i •'•'''„ '---."'•.• . ' • ..1„,,,I,F:,:,V,W4.•:.-•.,';'.'-• .- ' ' ':-•••"•,'!••",,',. .,?•,24F,. ;7•:',4i,i 'ok•.,/419?•,.%•:.-.. .-wf. :21,..--.--..:,t:',--,.;',;, •., .:••-. -,-,•:....,i,• ••••,„• . „ klf,..„..,0171 -' '''.-• --'- • - '-''''--'-'•-:''''--'••-ji''.11 :•.,,N170,i,),.`";:.:,(4,.i,1-1t-.-. .IV:'.3,,:q•ir•--e.TP.t,';:44,Z,`,--:•:-. .- . ;••,---•,:,.•,,•:•:-.-s•-'-• '.•. •; . . .• - , .. •. . . . , N.r.,,,,,4'is-h•ri- --37.;,-..,.....,•: • • ' -. s • •., ,•;!..:•••.:,.N.7,7•,--1,...A.:,,,-,1P!.....!5.47-1,7,-A-,-5,..f,n,:f.,,,,....:4,--„,;,-,--,,-,..,.,:,...-.,,,,,,„,,,5,%. -• :., , ••-:- .;;.,..- .1.4,4,', •,1••-,,,I!'-.•:.•' . • ' . :• ..-',-•',••-,-,-'2,A,•:•,;.w.• -•,t•:','.••..,:.,:,;.'7,-P-:,k,---:;f3c---.;;4•244;-(n-,...,::;.••:-.f:•••_•!:::,,':-'!••-i.- ;• •••.,•,.:::•,-,•••-•:-...•,---:•• -• -.;•,•-,-, • -•,4,,,,,,,0?--dis:',-,*.••• -,••, _•- -• •' " .:•,-..•••:•,,- •'.z,f?.`,'•,•-',64/:,r,4?,:x.,-,,,,,,,z-ii,.z.,-,-,-,-•.„,?•:ik.J',..-,.b,4•A••.:•-•,•;•,i',ii.-,.:;:•'--.4•°,•-,'•-.-,•.•,-E,••••••••1,,'•',•--• -- • • • • -'-- ':-..'•••- . . . . •i:g,•2•Vie;,-;'w,'-i'-!••• -,'•••••'.' -- • - - 4;1,4•:':••'4,''''' ',44"'.4`4•••Ik4','Kff.'•iv,;•*.":-',k.P.:;:,:•';-W.'.14.,,P,M,44-•4.4,.,',,,,. .,-..•44.,•',,,, ,`4';,,:,;,,. ,-•••-, . .4 ••,,,.- • -. ,. . • 004'...k•:43',',•??'.0•..4:•'':, ••''• •'.'.•' '•• • ''•,-.---; 4'•4,:.: ••4-',f;:::::',Iii76:,'''4.)!- -44.`,4;:-.'?1 ,•:&S,V•••,'.,,,,i.,,:',* 4'.41:,', •'•'''.•''--2,'-'•.•: .'4\•44:;-' .',. , '.••. - ' -• ' . ;•'''''' '!%•.?•'•'.•••'•:.• '. That port iort':.`•Of'..,-*,-.:120",1ft''' '.'striPJ.of.:,,right-Of,.-way within Sect ion 5, Township 23 ,, q-?-0.,;--;,-,..-: . • . North, Ra7ge '513Astj4Mlyins,-Tarallelwith and adjacent to the westerly A',:-,4, ••••--.•,•.g•-•.4-,',,,• • '', ,4, '‘; ,,_ r.. .., . .. 4 .._._4._-•44,, _....,:', •,;.;,'ifcf:.-'4,::/ -,..!. right-of-way,Mi'Srgi-hOfthi-:,eistingl00ft'..-;'i:Strip of right-of-way of the • •,r,•-4',;, ',.',:,i-'• L'-' . . . Burlington. NorthernigailtoadOctiVanYAcrOss.-Lots 26 through' 51 inclusive, Block 361, ',C.',13:AlillMAIO-S.-i:LakoWashingtOnGarden of Eden Addition, Division . ,_ . ..:,.,...,.,.;•-•,., •,:,:',•,- .•--...,...;--4,-..::•.:•;•". •••,.",,,,•., •:• •••••- - . • '1.1.-,•••(/,:i;.:.,••:-'•-- - NO . 5 as recorded....siji.:-vcatiti(3 .,.u.i.-:;:or:12.1:sts.i.;..:.page,283 records of King County • , , ..a`•-,i, ,,,—r.ci,,,--:-q,-,,,4,44-,,,e7',..r.,',.', ,,51,,,,,,i,,...,- ''11•47.11'';•''''''''''''',': Washington' ;• lyince,;:'Southeitasterlli:OV40I.-inerunning S. -70° 38' 12" -w. from .a•.• , . . , ..• ...-,.4.k,4,.,A0:':,'„-...-•• , i• -:-....... -g.',-,..-4,-....,...,.... .,.-‘1„. gton Northern Railroad right-of- ,-•.: point on he• westeriybOtindary0fgaidAWklih ..,,,:i„,,,,,,?,.,,d-..•• ., . .,.., ,. .. way which Point .1.icis .55-''....ft-P,..miorCoe,:leefs .'soUtheasterly of, as measured along . . • ki.„Iv•-.,-..,,,,;•••'.‘-••-%-•• said west rlyrightof14-144AliOSAtbesoUtheast--corner•of Lot 24, Block 361, ;,i;,,,v4::,•,•;g•V•;:-'',''said , .;;,i•th'.',,,‘•:•• f'',.•,-- plat. •:„......,:,,,,, t;',1,:Al•:',,.":'.',.,..* ,•,...•??,t;%‘'.1.-*2A.•V;',0,:•.-"V:,4-:;:.-• ,',',,A1,-',-,',.`,_' ,...-=,, '•:•;-....- . . . 4''''''Ael ". .1.,-!,,:•, „ ., ,. :...-t,i.,-4..4,,,:•':•!,;,61.'‘,•,,,:,:ii,.1-,,,,,,,,,,:c., ,,44,:..,,TAT .4‘,4:4:-•.:1:ff„,. .",',', --;,-.'.-.=,.',,: : ' '.--,. ' - • '$!•` -`,,4.,.3,,••-'.•,',4.•,: . ,-;• •-''....:'.1':': !:•L':-.,,_'• •••54::';/..,::2-:'f'it•f„:4',Ifz,"If,,,,P4';::-;':':',...W,,,S1.-:',Ii;P,',,,'P'zk,,,•!;.';%-;-.•_';',:- .-:' .'-' .. ' , .. k:...ielzP.ti'.'f::::i.- •-•,,. - -...;,1) ,,,.-.,i),.,T .:CrA:,.4i'igr•-.-.Aii,J,r.uv.,.;.e.:1'. :7--,!;-- -.3:q..4,-',w.1---',:, ,- - i?. Less port on-easterlyOftiIineYi:beginningat:Apoint 12.50 ft. southwesterly.,1.i.;,i-4•i•'•"•4'!. .•,•,-'-' . . of the mo t northerliirn S'." gOif.,the4bO4S.q.dSSaribed parcel: thence S. 20-43-26 I .c,";,--:,•:--;,:,,I1L-,:=_ ,, , .1,-G,rt '',-,:':.'ss1,•- •E. a distance. of.:110:10'!,'-ft4thendssOutherly- along a curve to the right having a radius ol . 1.396::-49ftan;AtO,,,distshdit-,:-.,.of347.69 ft. to a point of reverse ,...qi,:•=.•..,..,,, : , curvature; thenOi4O-iith'Oriiii-Oriiii4aiii4ilitO::.the left having a radius of 'A . . . •,q;',„;-4 ;.:::--;`,-,'•",". -- • ..,,,,,g,,--:-,,:,..,,,.....,....-4:::gt.,...v.,;?.-.::- -•,,:.•• „ ,,..2....t.- .-. 582.19 ft:. an arc distance Itto the easterly line of said railroad .?,,f.,,,,x,.\,. ..•,-•-.. right-of-w IT -2,•: '::'.,4A1','.';,P`.,:6.,,,;'',-',...:A';'2',`;.:' -',.::•,-:•,:*,':-:'''-'cl,'•-,‘,,W:f,',V,'4,•-.•',,.;'-•_'• ' . ..,:•,:;•,,,4 4,,',:i..i:.,,::.,..'...4k-,-;,,:,•.',C1 ';,".'-'.'f',',','+' ,:'....'-:"-V4:: ,-',I.";, .:-,' • - . . ' . . :''''''.:.''VlkY4; ,•''-.:,.4.•''n''''.A:-:1,n11,,: -:.';', .',.:t;!,kr,.j,4,.:,,i.%,':`,;,-::,,::,,, , , . .. ,. , Together' w 'th,'thait'.,pOrtion0fJsitidStictiOn5Township 23 North, Range 5 East, ::4,ti.'•.,';'.4.--•::g... .....,,,.. ,.•. ... ., , .,,,,;.,,,, ,,,,, ,...,.,..,,,.,:.).•,,::::!-1:,--o.,„.,,,,,:ej,,;,..•:„.:,•• •,•:)•'•i.-.. • - ."---5',1!-,-•." W M. described as,..f011ows: ,.1%..4'.' ''474..,,-'.'.;V44-•.',"••,,,';: .'....•-.4.,,e,.,4;!„;),',.;.:*: -.;„ = . . .1.•'-`4-0,','•:Y.i4..-- • . • :4.•,'••-,'-•.,... ••••.-'..4 ,:"...4d(!•4,1:':iiii-7eA:f4e,-•",•'• •114::'.c•-•'''.',V•"!.;14.',..4.-•''',-..-r."'.1 ' . 4 '''4,4•:4:-4,7•'4',-'..::••••-,4,••-;.4,C4,,i,t,k,.4;r11-,,,:ls,',4-4,,P,',.4`..4••',ii.,'-?-2. %';''', "''...•'' • ' • „ . C,14d„'„'47.','''I4 4:-.'•",''''• " Beginning -N..'566i,32 ,";'07"AokirtWdittandercif65.018 ft. of SW meander corner of ''.,',W:,',V.,•,c•--said Section, -1464PS1. 711. .Wadittarice' of 1221.78 ft. ; thence S. ,..,,,4.:,,,.,,,,:::,•,,.,., . , , .,,,,,,,...,,..„,..„.....,,,...,,,,•,,...„..,.• •,,,,,:.,$. ...,...-...: ..../.-; • • • . ia:''''''', --.''''''• 45° 45' 00" W.' S•rdisteindeoU.117::92.:,ft.'lthence.S. 44°16'00" E. a distance of • , - •,.680 ft. ; t endelasValOng'::ZSoUthaineOC,,taid,section line produced west a distancef 755 '.5 'Itei'''''iO`:':4iiiti-' iiiiii '.i # Iiiii;i' _„_ i:,'_:_ i__i_ington Northern Railroad right-'. .• .,"••,.,•:-;.- •-• - • . . ... • -.,,.!-....,..?.,,,,,- ••: of-way; the ce nditheatittrir to beginning - . . ....,.. .. . •, . . . .: , • ..,. •. - . .: •••!,..:,:.‘,,-,,,,,,,,,,,,',......i. :4‹.”,...,,,,,,:,,,,,.#,,,,,..,-i .f,.,,,,,,:x.0 ,,,,,,c,',„:11,?4:-.:::•:.A. .-- • .-.-.. . ,•-----... : ..:.i:.,),"... .,.::,...',,--."., . , ... ,,,,...,,,,,„,..,-,,...,.,:.,......,,c,.,.:,..::.....7,:„.......;•..,,c,,,,,v..,,,,,,R,.,‘.*4,,,,,,,,;.+:Vq,i ,,,,,,:.•:',,', ..". ., '.• . . , . -•. - , Liess portio wester2Vof6lineU7WItweisterlTof centerline of said Burlington Northern ri.ht-oi4iiisai'id',Jiiiii?:OfiO.Shd:','Oontains 109,470 sq ft. more or . ...'.. _ . . . ,. • • .i.'::,•-'-:.- :',';A::',..'.1: less. (2.5' • AC)-,.-; ',•':•,.;•-,;-.%•-• ,':•'•,;= :-.4.:•ii.),;n.,&.•:'1•-•*:;',E;;; •,,',:i'l, •-i,..4' 1",V•'•'•.::.•.„ ,• •, • • • ' -;• • -- . . • "•, --,..,„...,,,,,,-,J,,,,.:.•::.,-2,,,,,,,,.4.1 .,,,,...,,,, ,%...w,,,,-,,„„„ . .:, _ ,.,,.'4..,,••,,,.,,•,•.- . • ...•,•;„!i.,, ,. ,;•-•, ,,.:',.t.1,:,.••,•,;,,,, ,,:p;-•;,....,...-:,,..;:+4.,,,,,•45.,..1:,-••• ••,5.•,,,,,,•••o•-,,,••!•,•••,..,•,••'. '...r•-•• - '• ,..- •.- •' .. . ,, , ... .., . .;•,•.- :„•.t.,•••-:zc••:',,•-•.',•,'•'*;:z•••.;;•.,•• ,i,,v.,‘4i'i\K:•0•<•,,w,,,,••vi,;••-10•,..f\-0•:;,,':::.•.•;•h."::,: - . • • -:•••• .'.. - . . •-• . . , , ... ,• '-:••&''')•:••:!''•-•-i .-:''''''.:'•r-.•• -. •• `. • -:- F.1': •P:',';':;f•••1,-•:-i.'-: 1,:N•:'''';*•qii.V•iNf'••• •;17.'•,'"i5•1!;".,,, ht,;•,•••',. ..',..'f'-',' -'•'• - .-' :•• , '. -- '• . . . •..• -.: - • , • . , . , -,•.‘r.:,:•. .7.:!,,,i11...-1 .,-4-A. .;,,,,,,,,,,.1,,•.:,0,:46,,..:,,,,it, „,-..-.„:,..%,,,,...,..,, • .-.: _- • - .,_.,,,,,,,,,,,----•-•,-,.....,,,,. .-,. ..,,,f.A,,:-...,,v,-- ....• 7.,. ....----,.. , . . . . .. , ....-.,-;I: ''•,/i. •"••• . ..,,,,.,,m ,!,.....-,,..:.v.,c., ,,,s:-...'. .- ,•,,,:rg,-,,,!,,, , N,..,•.,.-.:....-..• • . . . .•,. , ... . • „. . -, . .',:!;7,1•,}', '-!;. ..: ,-'• - . .' ''•',."'..'y,4•7:-.',5 ,-,--..:::.,•-', :•!'4Vti'3, -.,;,:,r,...,:-\':1,:;,a.:F,:,-":1• •z'Arl. .....,•_. , . . ,. ,,.J 4., ..:,-.7,:,1,,;,:.".''.',".,,,'/Ii.:,..q...'.',..r...,lh'.`',.." .:..:'..!...,:p4'..''':0•:',h,1,1,,?,iP S,''r'''.. . .. .. . , • . ,. .., , .. ''.:$1'.''''''',!).;;',: . . ''. . ,;',.',,'...!;'7'..:.*:',t::i'':' :',.'','.1!'..,T',..1..,Z.:'1*,-...J17, '..,f.,!•;':.V,V,'M.'11..',.,,,,,,,...:'' ..::-' r.. .. .,-.. .. , .. . . `...• _..,-, . . ' . . A''.'ir.r Z'''i:•:.‘:•.'''. .' ' . .,',..',:;.:'':,;i1'',.;1',:..'r.;.,..'''''s,‘:A.N4.1i'5:...i';'. ;;;'1-'s`..:'.''::;",:',.?•!:4.1,, i'&&!...:''.:'t'"'•' '''' ' '-'' : . :. - '.'''' ".'". , : .'•':-:'''.;'4,s,'','; ':',.,.:. :.':'.';'''N'ai':•-:'.'','::,,O.T.' ...;;;;.;::-.:e;.Q74".Z.i;4';'?,At.;‘,!:('i-','f...',.-..'. ., . , -. ''.:-•.. ,;:q:'7'..,,,L..',. • : •. . ,.•:;,,,,k:;..,,:•',-,.',;...,•- .- '.•-..-,....:•4,4.:•,,,,:Al •-•',','2',-'-'7='-',',(-i...,,,..:-.,..- -,14'-fo.,-.1 k„-a,r1:04.,.:',..,'.-•„- : - - , '-'""•:-',A'' ',',n,'',;',.:q7;?,7.:,;',2'7- ji.",,A,s;-,?•:',4"••,:;:', A,IA.V.X.!-tvl:.:.•-,;-•.,',-: :: . "'. •' .' . ' '.-' .' '''• -,,.:':: - . :'"'I'-'''''''''':. '':' .'• ' ,,4:''I.-,,il•.:,,,,,i,-!,.;,,,,:".'P.1,,Y.'.•.:,,,W.,.,:'. 2.,<-'0,';'.1,',,i4..-,',7„,,,,,,,,,:::•!,,,p-if,e,,,,,,,,,,,,,,1%,y.-:,.-..,.. .'. , ,,, , .,..; ... , . . ':1•,;h16';',,5,..,',?!'::, '',.•. ',' • ,, -, '-,,..';;'•A‘,f."..,A0V,.'',:,3.:-,40.,,V7t!:W.,, C,1,,t:1-,g,s-.', ,,,9:42:,:,'Ia'akptif,,W,,.:?.::..--','., , .-, :, :,•, „,. . ••- . ,;,•••;.,.,:-,,,••. ,',.. - :,i,- !,.i,',..:.. .,.,,. ,,V4;,,,,,,.:,,,,.!',,.., ,•'. ,.... • . ', ' :, ;.J.'' '!.0.,:.;!,:l.:.i:'2,A1,4;A',,,:',,:'0 ,'iifii 'Wq.',.?A',. .velv•&,,, ,..-1k,....%' ,.;:":..: ' ' '.' ::-.:' '".'''.'.', ''',?,,,,,,.:;,•, .;,,„.,:;,;,.,,,,..„ , , • .. ,,., ::,'„i,a,;',,,, :.!liij.,; ...•:),',..,k, -( 14;',:,,,..!‘:.y45..',. .g.,,'-,l-s•'' '.'t‘kVEtt,''',',....:'•,i'.'t• • ''' ' • .. .. 2 • .'•' ...' ''.'"':r'::'' ''. ' [ '''''..' ' '' . ,,t.,,,,T,. •.',:,,-',.'., • . .-,,<,.:;,w,,,,-;,-,,,,,-li;.-,,,••, '•-,..1.7,.,p ..,.'a4i•ot .i,Z.:-;,-1:c:'•-,......7,:?I'N'it ,l',17.45,;,,,"c;,1•..-7,. ..-.-. .:•,., . ;...-,., ,,',,'.-. - , - „ •.;,,-,':;, -•,..,, '..:-,•...,;?.'4,.,'.•, . . •'.!,:-, ,.-:1,., ,,„... • .:.. -,..: •:! .r::•:'•-1,7:--,,;g-;,:::',.i.-f,,, ,';!‘,:::71.-J;I:1,1,,,N,y! :.,A':,i ,Y,';',,!%.•••'. .Vii-t':..-'-.f::t'-'..2:,•' 'r•'-'':';', '''',': : ' ,•.. •: - ; ...,.......• .• . -,,,,,,,,,,-..i.;-,.: .- • ,, ,',-,. . - ,,,•:VA.-,-.A*-,s,,,,,,:•,,,v,,.:,•,:,—:4,,.....,A X,,.:;,,N;7W%.6';,,APk!,,x.' ;'.''';,,W''. ,,I.`,.' -' • •. • ' .' ' 'i';',j,..':,:,,,,,..t.'.." .•' • . ,..., , , - -. •,• . . , •cf'...V,..:;:::1':.•.,,(''-. • . ^ ,1,.,,,,,,,,N,,,,;IA:).',2,;-;!;')-,-,--,,,.. 0,-",•"-s•,,,,,'.;6•,t-'•:"',,,..,..!.11-,,:,:tii',-,:u:',-1,k,d-.'.''',• 1.,, -, '•; ;'-.t':',:,:.`,.• ,:' ';:.,,:',:.:.‘;,''',%"''1. . . '.•''',:,.:7', .!t::,'',''':.'T,,..':V.:1r:7'....''',,V,AZ,4`i.',..',,',',...,,,,r':',...14.,.,-3,,,?:,;;.nV-::;::',Z,„.,.;“:,' • . . , .. ' ' • ;''', .::?'!'f,!,,:-'';,;:,'2'. ' '' .-',..,'',7,A.+",,,,r;,S*',tkry,,,....4,...'4,;:;04::,,..;.,.4,44,•:,,,,,-;,4,1,,',44.4.,:,`,,4:t•,,,,',';,;:z.144,C3'4.":44,,k'..,.4,•:4--. . ..., `... . - ,. ,--..-. . . ' .,. ,::,:•::'T.-,••.4., 4,,',. , 'l'.,.,, ',..'.•',.., ",' .4.44 4 ‘,%4•,:,,,:::': :•f4,4,-14,411,,,,,,,.1::.-4•&,„,..,,,..,„4;`,4•44,2k5''' ''' ''4?-',4"4'0•14s)",•47nt,...1,!•;:44-,•..'•..;4,.'. ,.• , .. . . .. - . '?!;-'4''',•,' ,', ,...4'•,:.; ' ' ' - •:': •'•.i'" ?•'4': i: gil•':2'•4''';,••,•••• Vlig•.Y4;,';',44`,7.r4.%4'N'47:.;!R,f,*4''-il'-',2:14Q..'2:6'''',".'•.•.' . ,••• ' ,', , 4 ..,''- . ,, . - , •• ". .-...Y..- . .,. „" 4•;-•i4,..,:•,:;•3.474,1e4,,,,i;...4:„'W,N,-;,,.5,V .4!;,,K,F;2. ,, ,,j•;AfiV.,.;::,• V,,,,•4,,,.,',,,,: ' : :',-: ' ... ,.;.• ,' . '. .' ',•-..,,--,,'-. '''. .• - •,1„.''',:,. • 4.,, ':421':,4,'4.:,.. •'-., •• • ' • -- %,--,44'.4...I,,.. ,'.--!-'44:',-,,4.-1,4>.-4,',";:•„ ''''.t4:• -.V.,n'-',4',4;"1•1-,,,,',.."•,.4''-.'' ' ' . • . .. „ . ' ' .•4,:r1:',','7 •14.4.'.•,<P4';',.'4--X•ir&''',i‘rv4.4'-',V,-4".;,4.X..1*,;•.,..pvi,q3',:-.4.'41.,,,44..A4;,:, ..4„., ••.. . , • . . ...,,... ., . 44,44,"'''' ,4';',":"-`,.,:. , - ' ''•'••:7''Ci'4-1-Z.-i‘'" •''''-V...,f444,-'4'''AV4'-'4P4'-'••a•-',,',. .•. 4-"-.: Z::`i4•:'.,;-4:',744>.:„:•"41'45'.,;4•41, „.'-'t.--;,. , ,.“-W4:,-',. ,•':...•:- .,-'', , ' . ,•:'..4'. .',:in,"...44'„4411.,..:4'.4- -,, V'f'.i•.; 1.7.0-.4-4', . . - • -• ''.',.'4:.':''.4.-;•" !C4C-I'S'4:-".C%-.11•n!r.r•rs-V:tv.•44'.''.1'.•.•`,44,Y.:4'4 ,7`•,:'--''',4-,"y...':'.V.F4' ' : '• '' '.: :' '- •.,-...'','' ';•4: , 4',s,,•,, ,.',4-1'414W4-•"--'4•4 ` •- ' • • ' ','-: '•: '':.' ,-4.,'''„'-4W•.4‘.".4:.4"...:4.•:,',,,!f4-,':,1;.`;',•,.1,,, •.';','' ''? :•••:''..7`.'.',::::::: _'''••••:r",•-•.:.'"4.•''•••-:•--' - ' •, - .. , ' -• '- .. '- ' : ' 4.•• " ••:-•.. l•-•;',:.:-;• •''''-1:'';':•'''':?''''.•''',:'-•• '.- •'• •' •• •' 'r-:•'''•'•'-'•,'',''•IS•4'..,'14. :•'..,,-'4:.k;;,:14,?X.'2 ':,..'.4--''•••!_.4J'''..q:`,'• '4=1: ',;':•!,•• •,:sI.'1•c:f-.•.4-'.---11,•.,.:,'.4,'-.,'',.•,,,,--•,...•,4:•4,74'. •.•.,:•-,!...4'',,.,•..:''....::,•,:,:•'•;.4,;',-,•4,,,:,,,•-'4•::',...,.,;4-• •.;:- , ..- ,..;-,g,'-."",,"'•-••4•'-'4'-. ''4 - - ---. ',.• 4 •, ',,,- •;,:-,.:•••-47-•••,',;,•••••,-‘•:',1,-•:')•;4•-'45\V:r4;1'0Z524,'•1 .;;-V'',,.',4-'4 :4.'-'4;4:'F.:?",4;'_'.-••:,': ,•.':'44.4.."':', '..'.`'•','4.' • A,'., •••• -••••' •''.,,,,f,.:','-.44-,..•-' ;, ':•'''•. '-'•:'•,'-'' - ' ..,.„4,4,:i.t-,4">,.„..-4; 44.-. • ' ' -' '-,'4,-4.04":',F.,,,TI4- t4i-:'- --'-'-,71,'44:'61 .4.i,''.1.4.Y.,;= ,..,1,,i46:.:4'-.'''.'..; ..,'- '''... :''.,. ::4- - , . ' . . : .,'_ ,,,,,:,.,: 4:4•".`'if:'?q-,'4,1,:•, ,,...4'-fA,5V.1.4;44••:-.4.W.I..%V4'.1•:'>':'•:'''.'4,•'•4•••,4J4.4 .-•'";.-n'••••••••-''.'•' ' '• • ••' .%.1-,'''.::', , . . --704.---"Irr-7r,, --.% f• -•:-,,,....•; , '•-i • • _- _ ;i >;:,} •.1J fry t�""'+� `` `' ��1 / =i/�, \ 11:,- -' " i t. ,•••;•,,,;:q" 0>_ •• t", :•;tr ' ' ca.-a,, a5oda11/41 . i• •)110'.. L; 1\ • - - . .1 ion •1 A n .\.\••••)\>. ./.:23.1.1:4....;,.4, .... .....,..i..:',i,.. to So.E>OJ �:'_.� •J�i�•_ . ;w It't`�� �l �� - -:-• , 'VA 1 /•••: 44 ','"..,„ , . . •4:11., : • ' 0 ,- •I•N.g — \ .: ' -_. ,�t fr r> •, +_ -t op cN ly e Dv , sr. . •'I N01N \ • • b S.:J :M110 31JAW OMQOS 1MG/ t \ .00%* A i ' A:4•1:. :.t' t.PQC1:•.• .'. 4,1'4—- .•.-co . • - 1.09 '' .. •a,yei I 1 ��Y ' •tsa 311I • X.....• \ /tr1 d lop- ���V . _ , SIB tit• �16 �1� `� , — ;1• "o , 1 r"..11.6,01 I..viis St•ES01 i•• i i ittbilhs d 4. \ 0 ' i....•• 1 si‘. s' i '1 \ - ••••‘) . , :•• • + +/. .i'L7•.►1' '{)'►Lt•fS01 I 1.1....1:: \ i' \\ J 2Njje��f, f!4 . ...FT.T, OP 1\A . 1411%ti‘., N .0, dr e ....ddi \ " • - .C›..-:. ,. .1'.• ,. • . l'INC••"'4< \N's ,'\--ss.' •••„ `,2 ‘‘‘ ' . i . 7• ,, ,:,,,, ,:44( 1r• .-,•--,:._ . vii4,71 It .7— 101 A09 . , \ . A. .... ., „.. . ,,,..,• , , .. ........., .,:,‘,0,- s. , ‘, .,...., , , I 1 4 .. • ., P..1:1;7\..6::7'.'::., ,.. 3 U/kk'','. i < 1 .-1. 4.. . :k4 tit; \ • OL (11- . V•N‘*‘.. ,'7. ••••N, 1;,'''', , .-4111alt''' -.. i. •N'' .N,% N),,4'..!>,,,>-1 _,:...*. ``,� tt \dciUffh/ \p 1 rt` •�•• -. ,1\.?►��i '�\ \ dr\\ \ ��;y\ \�y1►1' r..\ \ — %--,.‘s - ,-- - 1/44.1-, it\' •,.1•3 ,•t•I" . .%. c fit+, 1 (. �,.'t ��\o '!�li+, \;y�;�, /tip •,- . :''''. ..', -..?- %-.4\•\,e -1'7'*, , .,:c4x,(4.. . . . , ... „,,,. x ., . „„, . • ,0 - .... � 4 e� ••• ** ' 1 .‘ e.. .1\‘ :&.I. -J7,* . • • : ,y\ ,fit' 1...;21.1'.-v....:11: °7 3 .N::'...:\ S. _ IZE ) ,.... .. .. ‘,... • .J .... ,:r _....,, ...... p 4s.:Jt ld3'rq�` in:.`�;O\. r1�- r %�.�t� �\ e of • 1 `v;‘\i .'.�'qJ \•- •