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HomeMy WebLinkAboutGene Coulon Beach Park Improvements - Baxter Property (1969) pF 4 R aft. ,s O,,FFICE OF THE CITY ATTORNEY • RENTON,WABHIIVGTON POST OFFICE BO* 626. 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 99066 ALPINE 54971 • WNIRARO M. UMKLLAN, CITY ATTORNEY CAIITIl- JONN K. AIM, JR., ASSISTANT CITY ATTORNEY April 1 , 1970 Aviyo p Helmie Nelson City Clerk City Hall Renton, Wash. 98055 Dear Helmie: Pursuant to the City Council ' s request we have prepared and are enclosing herewith original and two copies of proposed ordinance providing for the condemnation of permanent ease- ment across the railroad ' s property to the former Baxter premises on Lake Washington . Would you please remind the Engineering Department again to provide us with the correct and complete legal description of the area to be acquired . by those proceedings together with maps . The legal description will have to be written in the appropriate place . We are also enclosing herewith a copy of the Notice and Complaint that will be filed in the Superior Court as soon as the City Council has approved the suggested ordinance . If any other departments have any questions on this matter, please call John Pain or the undersigned. Thanking you, we remain Very Truly yours , G. d M. Shel n rt Attorney GMS:bjm cc: Mayor Council President Chairman, Legislative Committee Gene Coulon, Park Dept . Lyman Houk, Bldg . Dept . 1 2 3 4 5 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 7 IN AND FOR THE COUNTY OF KING 8 In the Matter of the Petition of ) THE CITY OF RENTON, a municipal ) .9 corporation of the State of ) Washington, to acquire by con- ) 10 demnation certain property rights ) N0. within the City of Renton, King ) 11 County, Washington, in connection ) NOTICE AND SUMMONSwith, the constructionv, improvements ) . .12 provision for ingress , egress and ) access to the City's Lake Washington ) 13 Beach Park facilities as contemplated ) by City of Renton Ordinance No. ) 14 ) 15 THE STATE OF WASHINGTON TO 16 BUR IINGTONcNOTHERN RAILWAY COMPANY a' '.cdrpdration . 17 YOU, AND EACH OF YOU, PLEASE TAKE NOTICE that on the 18 day of , 1970, at the hour of 9: 30 A.M. , or as 19 20 soonl thereafter as counsel can be heard, the undersigned will • 21 present to the Superior Court of the State of Washington in and. 22 for the County- of King, Department of the Presiding Judge, Room 23 No. '915, King County Courthouse, Seattle, Washington, a Petition 24 in condemnation of certain real property and property rights 25 located within the City of Renton, King County, Washington, 26 which are more particularly described in the attached Petition , 27 for, the uses and purposes described therein. 28 At such time and place a h -wring will be held and the 29 Court will be requested to find that such real property and 30 property rights soughtto be taken by the City of Renton are . 31 ' • 32 NOTICE g SUMMONS • Page One ' SHELLAN. PAIN. STONE & SWANSON ATTORNEYS AT LAW IOO SO.SECOND ST.BLDG.,P.O.BOX 626 RENTON. WASHINGTON 98055 ALPINE 5-8678 ALPINE 5-4144 `p •• 2 , required and necessary for the uses and purposes described 3 in said Petition and to enter an Order reciting such findings 4 and setting a date ,for trial on the issue of just compensation 5 to be paid for such property and property rights . 6 7 8 �erar o a e any Attorney far City of Renton 9 100 S. Second St. Bldg. P.O. Box 626, Renton, Wash, 98055 10 AL 5-8678 . 11 • • 12 13 14 15 16 • 17 • 18 19 • 20 21 22 • 23 24 25 • 26 27 28 29 30 31 NOTICE g SUMMONS 32 Page 2 • SHELLAN, PAIN, STONE & SWANSON • ATTORNEYS AT LAW 100 SO.SECOND ST.BLDG.,P.O.BOX 626 RENTON, WASHINGTON 98055 ALPINE 5-8678 ALPINE 5-4144 re hot 0 ( OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON POST OFFICE BOX 626. 100 2ND AVENUE BUILDING, RENTON. WASHINOTON 98055 ALPINE 541615 Wilt TyO r •716 AWARD M. IR[LLAN, CITY ATTORNEY r CAfITAN AWN K. PAIN, JN., ASSISTANT CITY ATTORNEY April 1, 1970 kt61/ • 45( • cOnAll Helmie Nelson IN 1 City Clerk City Hall Renton, Wash. 98055 Dear Helmie: Pursuant to the City Council's request we have prepared and are enclosing herewith original and two copies of proposed ordinance providing for the condemnation of permanent ease- ment across the railroad's property to the former Baxter premises on Lake Washington. Would you please remind the Engineering Department again to provide us with the correct and complete legal description of the area to be acquired by these proceedings together with maps . The legal description will have to be written in the appropriate place . We are also enclosing herewith a copy of the Notice and Complaint that will be filed in the Superior Court as soon as the City Council has approved the suggested ordinance. If any other departments have any questions on this matter, please call John Pain or the undersigned. • Thanking you, we remain Very ,ruly yours , • G- - d M. Shel -n it Attorney GMS:bjm cc: Mayor Council President Chairman, Legislative Committee Gene Coulon, Park Dept . Lyman Houk, Bldg. Dept. r.;. !/ . , , ,L 2 �)t,r rra " 4/1L/- 1 _,,7 42-- 0FFICE OF TITS CITY ATTORNEY • RENTON,WAAIIINGTON J... fi POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 �/�'��/� (9 i 1 ' GERARD M. SHELLAN, CITY ATTORNEY v to �� JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY brr March 24, 1970 Cyr -1 \ • G Letihan, Iv ers, Jensen & McAteer Attorneys at Law 1114 Norton Building Seattle, Washington • 9810 Attn: Mr. James C. Hake Dear Jim: You forwarded to us the other day the 1970 real estate tax statement together with a personal property assessment. We in turn notified the County Treasurer about the ci �s no acquisition as per deed dated December 3.c a 969 question about the 1970 real estate taxes which will be stricken from the roles because of city ownership. However, we ,are returning to you the personal property assess- ment since that applies to the year 1969 and your clients :. would be liable for that. _ It would be advisable for the Baxter- Company to notify any other parties involved of this change of ownership so that no further tax statements or assessments will be forthcoming as far as the Baxter Company is concerned lf. you have any further questions in this matter, please let us know. We remain , Ver �u1;Y, you :trs„ `. (`� 1, Gerard M. Shellan City Attorney CI S:bjm Enclosure be: Mayor, City:-Clerk_.':. _ Park Dept Mr. Anderson, County Treasurer ' s Office ,t _ L MEMORANDUM V V Date MARCH 18, 1970 To: G.M. SHELLAN, CITY ATTORNEY V From', HELMIE NELSON, CITY CLERK Subject; BAXTER PROPERTY REAL ESTATE TAX STATEMENTS WE RECEIVED THREE REAL ESTATE TAX STATEMENTS ON THE BAXTER P ,i( IN THE FOLLOWING AMOUNTS: .' $1,562.82 �2 - i 1,033.34 I lagbY I$3,815.67 TOTAL WHAT SHOULD BE DONE WITH THEM? , 1 Hr IE' MAIL BOTH COPIES OF STATEMENT I :HECK PAYABLE TO 1970, IIPFIRST HALF MUST BE PAID B PRIL 30, M. J. R. WILLI,>,onS 7 OR ENTIRE TAX BECOMES DE INQUENT. KING COUNTY TREASURER REAL ESTATE TAX STATEMENT SECOND HALF DELINQUENT AFTER OCT.31. KING COUNTY COURTHOUSE KING COUNTY -STATE OF WASHINGTON TAX UNDER $10.00 MUST BE PAID IN FULL. SEATTLE.WASH.98104 OF ALL STATE, COUNTY, MUNICIPAL, ' SCHOOL AND ROAD TAXES DELINQUENT TAX RATE 10% PER ANNUM RPAT 052305900806 - • LAND BUILDING TOTAL LEVY RATE GENERAL TAX SPECIAL TAX ACCOUNT NUMBER 18, 300 18, 300 85 . 40 1 , 562: 82 052305-9008-06 YOUR TAX DOLLARS WILL BE DISTRIBUTED TO THE FOLLOWING TAX DISTRICTS: 1970 U STATE COUNTY PORT SCHOOL DISTRICT FULL FULL TAX D CHECK BOX TO' INDICATE , O 187. 02 187 . 04 56 . 73 81 g . 921 40a 1 , 5 2 . 89 Q W FULL OR HALF PAYMENT i CC CITY OR ROAD AND LIBRARY FIRE DISTRICT SEWER AND WATER OTHER HALF HALF TAX 299 . 57 1 . 101025 _ no 12. 4h. 781 _41 +: p OMITTED OR DELINQUENT TAX HALF-H w NAME AND ADDRESS LEGAL DESCRIPTION NOT INCLUDED IN ABOVE TAX OR I OMIT ROLL FULL-F D LOT BLOCK -YEAR YEAR TAX AMOUNT - INTEREST ,E 1 II II . D J ' BAXT I ,pp 05-23-05 9008 2180 05 23 05 LL O PO B ' 568 C`,1 9 Oc- �.N � BLK D LAKE WASH 1 NGTON SHORE LANDS .. 5 ' 1l 011 ,'I L,�y - I `.98055 ADD & SELY 75 FT OF BLK E OF LK 1 SF! LDS x NOTICE PLEASE PRINT IN CHANGE OF - TAXPAYER AND ADDRESS BELOW NAME ADDRESS ZIP CITY STATE CODE TOTAL AMOUNT TOTAL INTEREST DATE OF CHANGE rq' ,r� ‘ /� EXAMINE DESCRIPTION OF YOUR PROPERTY 9.)\,---. , �, .I CAREFULLY MAIL BOTH COPIES OF STATEMENT I ;HECK PAYABLE TO 1970 ® FIRST HALF MUST BE PAID ePRIL 30, • - M. J. R. WILLinmS OR ENTIRE TAX BECOMES DELINQUENT. KING COUNTY TREASURER REAL ESTATE TAX STATEMENT SECOND HALF DELINQUENT AFTER OCT.31. KING COUNTY COURTHOUSE SEATTLE,WASH.98104 KING COUNTY -STATE OF WASHINGTON TAX UNDER $10.00 MUST BE PAID IN FULL. OF ALL STATE, COUNTY, MUNICIPAL, SCHOOL AND ROAD TAXES DELINQUENT TAX RATE 10% PER ANNUM RPAT 052305900806 lOD 00 ' BUILDING Tlos 300 LEVY �nE GENERAL 1,562. 82 SPECIAL TAX ACCOUNT 052305-9008-EOV 1 R 1 0 OO O V ti. YOUR TAX DOLLARS WILL BE DISTRIBUTED TO THE FOLLOWING TAX DISTRICTS: 1970 STATE COUNTY PORT SCHOOL DISTRICT FULL FULL TAX o p n2 1O7. 04 . 73 pp 9 1.0 CHECK BOX TO INDICATE q1 CC G CC CITY OR ROAD AND LIBRARY FIRE DISTRICT �GEWER AND WATER Si W61 OTHER 4�13 FULL OR HALF PAYMENT ! HALF HALF TA 2 51 299 . 57 1 . 101025 p1)1) 17,44 781- 1i 6 O ! OMITTED OR DELINQUENT TAX HALF-H W NAME AND ADDRESS LEGAL DESCRIPTION NOT INCLUDED IN ABOVE TAX OR _ OMIT ROLL FULL-F 9 LOT BLOCKTCODETSEC.TTWP-TRG-YEAR YEAR TAX AMOUNT INTEREST - i I II f LL BAXT B CO } 05-23-05 9008 2180 05 23 05 PO B 568 L. > `'i CjC `t� f ��{'Q BLK D LAKE WASHINGTON SHORE LANDS u R v ON 98055 ADD & SELY 75 FT OF BLK E OF LK . WN SH LDS z ' NOTICE PLEASE PRINT IN CHANGE OF TAXPAYER AND ADDRESS BELOW NAME ' ADDRESS' ZIP CITY- STATE CODE it TOTAL AMOUNT TOTAL INTEREST DATE OF CHANGE --(1.,‘ ,pi\„....._ ; EXAMINE DESCRIPTION OF YOUR PROPERTY / CAREFULLY MAIL BO$H COPIES O F STATEMENT MWHECK PAYABLE TO W 11 701 FIRST HALF MUST BE PAID E PRIL 30, M. J. R. WILLIAMS 9 OR ENTIRE TAX BECOMES L�—..4QUENT, KING COUNTY TREASURER REAL ESTATE TAX STATEMENT SECOND HALF DELINQUENT AFTER OCT.31. r' KING COUNTY COURTHOUSE KING COUNTY —STATE OF WASHINGTON TAX UNDER $10.00 MUST BE PAID IN FULL. SEATTLE,WASH. 98104 OF ALL STATE, COUNTY, MUNICIPAL, SCHOOL AND ROAD TAXES DELINQUENT TAX RATE 10% PER ANNUM RPAT 052305901101 LAND BUILDING TOTAL LEVY RATE GENERAL TAX SPECIAL TAX ACCOUNT NUMBER 9, 600 2, 500 12, 100 85 .40 1, 033 . 34 052305-9011-01 ` YOUR TAX DOLLARS WILL BE DISTRIBUTED TO THE FOLLOWING TAX DISTRICTS: 1970 LI !J STATE COUNTY PORT SCHOOL DISTRICT FULL FULL TAX 0 CHECK BOX TO INDICATE , a • 123 . 66 123. 66 37. 51 541 , 47 14O3 1, 033. 34 9 2 - CITY OR ROAD AND LIBRARY FIRE DISTRICT SEWER AND WATER OTHER FULL OR HALF PAYMENT HALF HALF TAX 198 . 08 . 731025 .00 8023 516_ 07 7 p OMITTED OR DELINQUENT TAX HALF•H w NAME AND ADDRESS LEGAL DESCRIPTION NOT INCLUDED IN ABOVE TAX OR 2 ' OMIT ROLL FULL-F 0 i LOT BLOCKT11CODETSEC.TTWPTRG—YEAR YEAR TAX AMOUNT INTEREST CC D d- HI BA Th COS �``} kJ05-23-05 9011 218011 05 23 05 0 PCB ;(' 5-6-3 BLOCK E LAKE WASHINGTON SHORE - wI fENT WA 98055 LANDS LESS SELY 75 FT . _I X Z - NOTICE PLEASE PRINT IN CHANGE OF TAXPAYER AND ADDRESS BELOW *NAME -a ADDRESS I ZIP CITY STATE CODE ,,�(/ /I TOTAL AMOUNT TOTAL INTEREST , DATE OF CHANGE {�' _/\' \I\ , EXAMINE DESCRIPTION OF YOUR PROPERTY t`J�J 'JJ 1Jn) 4- CAREFULLY ' MAIL BOTH COPIES OF STATEMENT VI HECK PAYABLE TO 197Q FIRST HALF MUST BE PAID B PRIL 30, • M. J. R. WILLIAMS 7 OR ENTIRE TAX BECOMES D NQUENT. KING COUNTY TREASURER REAL ESTATE TAX STATEMENT SECOND HALF DELINQUENT AFTER OCT.31. KING COUNTY COURTHOUSE KING COUNTY -STATE OF WASHINGTON TAX UNDER $10.00 MUST BE PAID IN FULL. SEATTLE.WASH.98I04 OF ALL STATE, COUNTY, MUNICIPAL, SCHOOL AND ROAD TAXES DELINQUENT TAX RATE 10% PER ANNUM RPAT 052305901101 , LAND BUILDING TOTAL LEVY RATE GENERAL TAX SPECIAL TAX ACCOUNT NUMBER 9, 600 , 2, 500 12, 100 85 . 40 1, 033 . 34 _ 052305-9011-0'_ - _ YOUR TAX DOLLARS WILL BE DISTRIBUTED TO THE FOLLOWING TAX DISTRICTS: 1970 i u STATE COUNTY PORT SCHOOL DISTRICT FULL FULL TAX 3 r CHECK BOX TO INDICATE a 123 . 66 ? 23 . G6 37. 51 541 . 471407 1 033. 34. q CC CITY OR ROAD AND LIBRARY FIRE DISTRICT SEWER AND WATER OTHER FULL OR HALF PAYMENT HALF HALF TAX 198 . 08 . 731025 . 00 8 . 23 316 . 67 7 OMITTED OR DELINQUENT TAX HALF-H ww NAME AND ADDRESS LEGAL DESCRIPTION NOT INCLUDED IN ABOVE TAX OR X OMIT ROLL FULL-F ` `1` (�; LOT BLOCK CODE-T SEC.T TWPT- RG-YEAR YEAR TAX AMOUNT INTEREST �� D - t: b., cr CO 05-23-05 9011 2180 05 23 05 U_ 0 Phi BOX 50-8 BLOCK E LAKE WASHINGTON SHORE REN TO WA . 98055 LANDS LESS SELY 75 FT w J , X NOTICE PLEASE PRINT IN CHANGE OF TAXPAYER AND ADDRESS BELOW NAME ADDRESS ZIP _ CITY STATE CODE _ / TOTAL AMOUNT TOTAL INTEREST DATE OF CHANGE 4�\ ^4,- EXAMINE DESCRIPTION OF YOUR PROPERTY v_ J\)J`� CAREFULLY y MAIL BOY.H p COPIESF STATEMENT V HECK PAYABLE TO W 1970-, W FIRST HALF MUST BE PAID PRIL M. J. R. WILLIAMS OR ENTIRE TAX BECOMES D NQUE . KING COUNTY TREASURER REAL ESTATE TAX STATEMENT SECOND HALF DELINQUENT AFTER OCT. KING COUNTY COURTHOUSE KING COUNTY -STATE OF WASHINGTON TAX UNDER $10.00 MUST BE PAID IN FUL L SEATTLE,WASH.98104 OF ALL STATE, COUNTY, MUNICIPAL, SCHOOL AND ROAD TAXES DELINQUENT TAX RATE 10% PER ANNU PPAT 062305900102 LAND BUILDING TOTAL LEVY RATE GENERAL TAX SPECIAL TAX ACCOUNT NUMBER 14, 280 14, 280 85 . 40 1, 219 . 51 062305-9001-02 YOUR TAX DOLLARS WILL BE DISTRIBUTED TO THE FOLLOWING TAX DISTRICTS: 1970 0u STATE COUNTY PORT SCHOOL DISTRICT FULL FULL TAX a 145 . 94 145 . 94 ' 44 . 27 639 . 03 1403 CHECK BOX TO INDICATE , 1, 219 . 51 3 w FULL OR HALF PAYMENT CC CITY OR ROAD AND LIBRARY FIRE DISTRICT SEWER AND WATER OTHER HALF HALF TAX E 233 . 76 . 861025 . 00 9 . 71 609 . 76 4 o O OMITTED OR DELINQUENT TAX HALF-F w NAME AND ADDRESS LEGAL DESCRIPTION NOT INCLUDED IN ABOVE TAX OR z \ OMIT ROLL FULL-F S. 13 ^. �`1,',�, _ i LOT BLOCK—ECODE- FRG—YEAR YEAR TAX AMOUNT INTEREST - - 7 D) ,, . t; - f�C�'— ~J 06-23-05 9001 21801 06 231 05 `� Pam -=� -8 GL 1 & SIB LDS ADJ LESS CO RD ALSO . 5' _W _ �4) C� 98055 LESS RI.. P/41 w -J X NOTICE PLEASE PRINT IN CHANGE OF TAXPAYER AND ADDRESS BELOW NAME ADDRESS ZIP CITY STATE CODE TOTAL AMOUNT TOTAL INTEREST DATE OF CHANGEr:\ EXAMINE DESCRIPTION OF YOUR PROPERTY ✓`7 • CAREFULLY l . ' MAIL BO1'H COPIESOF STATEMENT NWHECK PAYABLE TO _ 1 970-`. FIRST HALF MUST BE PAID PRIL 30, M. J. R. WILLIAMS 7 OR ENTIRE TAX BECOMES D INQUENT. KING COUNTY TREASURER REAL ESTATE TAX STATEMENT SECOND HALF DELINQUENT AFTER OCT.31. :. KING COUNTY COURTHOUSE KING COUNTY —STATE OF WASHINGTON TAX UNDER $10.00 MUST BE PAID IN FULL. SEATTLE,WASH.98104 OF ALL STATE, COUNTY, MUNICIPAL, SCHOOL AND ROAD TAXES DELINQUENT TAX RATE 10% PER ANNUM RPAT 062305900102 LAND BUILDING TOTAL LEVY RATE GENERAL TAX SPECIAL TAX ACCOUNT NUMBER 14,. 80 14, 280 85. 40 1, 219. 51 062305-9001-02 , YOUR.TAX DOLLARS WILL BE DISTRIBUTED TO THE FOLLOWING TAX DISTRICTS: 1970 ' u STATE COUNTY PORT SCHOOL DISTRICT . FULL FULL TAX a 145 . 94 145 . 94 44. 27 639. 03j403. CHECK BOX TO INDICATE 1, 219. 51 3 = CITY OR ROAD AND LIBRARY FIRE DISTRICT SEWER AND WATER OTHER FULL OR HALF PAYMENT HALF HALF TAX _5 233 . 76 . 861025 . 00 9. 71 609. 76 4__ p OMITTED OR DELINQUENT TAX HALF-H 1 1 w NAME AND ADDRESS LEGAL DESCRIPTION NOT INCLUDED IN ABOVE TAX OR 2 OMIT ROLL FULL-F -. ( /1 S(\) i -LOT BLOCKT/ 1CODE—•SEC.TTWP�RG—YEAR YEAR TAX AMOUNT INTEREST ' cc D J \ --�b0— N 06-23-05 9001 218006 23 05 P-f € - 38 GL 1 & Sf1 LDS ADJ LESS CO RD ALSO E r - l� I,,:JKpa - � �,,_.> 98055 LESS RR R/W w , J X I • ., t NOTICE PLEASE PRINT IN CHANGE OF TAXPAYER AND ADDRESS BELOW ' NAME ADDRESS • ZIP CITY STATE CODE TOTAL AMOUNT TOTAL INTEREST I DATE OF CHANGE t~/ \\ EXAMINE DESCRIPTION OF YOUR PROPERTY �U� it CAREFULLY / From- PLACE STAMP HERE M. j. R. WILLIANIS County TreaSorer King County Court House 512 Third Avenue Seattle, Washingtcin 98104 MEMORANDUM . Z../ Date MARCH 18, 1970 / To: G.M. SHELLAN, CITE ATTORNEY From HELMIE NELSON, CITY CLEP.t: /�'�" $ubje ct; :AXTER PROPERTY REAL ESTATE TAX STATEMENTS WE RECEIVED THREE REAL ESTATE TAX STATEMENTS ON THE BAXTER PROPERTY IN THE FOLLOWING AMOUNTS: $1,562.82 1,033.34 1,219.51 , $3,815.67 TOTAL WHAT SHOULD BE DONE WITH THEM? • • HELMIE P(A//) ,6,12 r- COMMITTEE OF THE WHOLE MARCH 11, 1970 Council Chambers 7 : 30 P.M. The Council Committee of the Whole made recommendations at their meeting of March 11 , 1970 on the following items - as listed below. 1. The Committee recommends the City Attorney be granted authority to proceed with condemnation of Northern_ Pacific Railroad properties to acquire(easement to the "- former Baxter property on Lake Washington. An appraisal of said property should be obtained by the proper City department. 2 . The Committee recommends that the City Council authorize the Mayor to initiate a "No Cost" to the City study with Pacific Northwest Bell for the purpose of implementing the 911 Emergency Dialing System and to report back. 3 . The Committee reported that Councilman Stredicke ' s Personnel Committee report on the Union Contract with Local 21-R was not available as yet. =��{ mac-L '� 4 . The Committee rec -61-1d d in regard to a request for g business cards that Councilmen wanting to obtain business cards , pool their resources and obtain a bid, as City money will not be used to buy business cards . /7 44 Councilman Bill Grant 7 /;CC - 7r 41 BG:s I Helmie,Nelson, City Clerk February 13, 1970 R. Lyman Houk, Engineering Department J. H. Baxter Company Property Acquisition Dear Helmie: Gerry Sheilan's memo of January 23, 1970 regarding the J. H. Baxter Company Property Acquisition requested that the City Engineer determine whether the legal description contained in the assignment of permit from the Northern Pacific Railroad for crossing was satisfactory. We have checked this description and find it does cover the present crossing. Gerry also suggested that our Department and the Park Department determine whether the permit from the Corps of Engineers would be of any particular benefit to the City. Jack Wilson and Gene Coulon have both concurred that this permit would be of benefit and should be assigned to the City. If you have any further questions regarding this matter, do 119;Aesitate to call. RLH:mj , y`,`"-_" cc: Gerry Shellan, City Attorney �° t Lyman Gene Coulon, Park Department • • • ATM,. P v INTER-OFFICE MEMO i ie ‘ --0,-/ -, 4t, , ��� TO; Helmie Nelson, City Clerk � �, DATE F�brary 24, 1970 FROM; Gerard M. Shellan, City Attorney RE: J. H. Baxter transaction Dear Helmie: We understand that the officials involved believe that the assignment of the permit issued by the Army Corps of Engineers to the City would be of benefit. If so , and as previously suggested in our letter, woul you please forward a copy ofthe assignment andask the Corps of Engineers for its consent. They can then make the necessary changes on their records to show the City to be t rightful permittee . We remain ./, y,, Ger d M. She an GMS :nd cc: Mayor City Engineer Park Superintendent -"BARKS & RECREATION DEPARTMENT RENTON, WASHINGTON Date February 10, 1970 TO:' Helmie Nelson FROM: Gene Coulon ,/ „go__/_,(4,L) SUBJECT: Baxter property gitiv Attached you will find original of Title Insurance Policy issued by Transamerica Title Insurance Com- pany on the Baxter property, Also attached is copy of letter from Jerry Shellan conveying said title policy, together with his let- ter to the County Assessor regarding tax exemption. • \O s OFFICE OF THE, CITY ATTORNEY • RENTON, \VAST-IINGTON POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 o 'c 3 GERARD M. SHELLAN, CITY ATTORNEY "i tip` •_ --.,• -- _ .; .. :. °_ _ ,_- °H rgpiTP-(1E JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY February 9 , 1970 Mr. Gene Coulon Park Director City Hall Renton, Washington Re : Baxter property • Dear Gene : We are returning to you herewith the original of the Title Report issued by Transamerica Title Insurance Company pertaining to the above transaction which appears to be in order. Of course , should he eliminated since the property is tax exempt . h_lvc noti it ed the County Assessor' s office as per the enclosed • I . su`-_,0cst you turn the original of this Title I'.eport over to t-ieimie for safekeeping. We remain / ; V ry truly ur '/ /• /j i _ �. __......._.., Berard . �5hean GPM :ds I? Enc. cc : 1:ayor President Council' City Clerk *ALI,eik,'N„ RECEIVID F � • o s9i0 ASs\ (. ; �� 70,019 . Wnler "f>, • OFFICE. O ' TIIE ('ITV ArL'TORNEY • RENTON, NVASIIIN(VP(1\ POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY • February 9 , 1970 ';ot Rty Usessor 1<inj : cy.;,nty Courthouse Seattle, Washington Re ; Baxter to City of Renton transaction T'h1,s is to let you know that the City of Renton recently acquired e; p.art of its Lake Washington Beach expansion program, the property described 'on the attached Exhibit from the J. H. Baxter Company , a ealifornia corporation. The Deed is dated December 31, 1961 and was recorded January 7 , 1970 , File No. 66061.92. Since the city of Renton is 'tax exempt any 1970 tax lien is to hr ctric :cn from the rolls. If 6h re is any question on the matter you can contact the under- .::; ghee or is„. James Harken, Attorney for the Baxter Company, Phone li;e remain Very truly yours , Gerard M: hellan • City Attorney i';i1 i ,c?e c,''n . Mr. .Jame•`.l F'.ari<er Prey . Council ;icy Clerk Pas . :Director 1 WASHINGTON LAND TITLE - ASSOCIATION STANDARD'FORM POLICY OF TITLE INSURANCE Trr Service e of .Corporation IS SUED BY �� d Transamerica Title Insurance Company hereinafter called the Company, a California corporation, for valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations included in the definition of "the insured" as set forth in r the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date here- of, not shown in Schedule B; or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, ' or priority, at the date hereof, over any such instrument, of any lien or en- cumbrance not shown in Schedule B; provided, however, the Company shall not be liable for any loss, damage or expense resulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident,to defense or settlement of claims here- under,. In witness whereof, THE COMPANY has caused this policy to be authenticated bythe facsimile signature of its President, and its Secretary. • Transamerica Tale Insurance Company • ByAd,..(44 President By �! Secretary Y I ��.....—..........r....�..- -�- ,..�..e.—..........,..m.....�...,......+ :...a........w. ..aa...-.-.r...........f.....,�.:............,a•.—mv.a'+.:—.._-.........®�.�a�.��.�...®...m.a..sn�+..swm....+..R�aans..m�.�mmw'®.c�-sr._-smsasnatam. a CONDITIONS AND STIPULATIONS 1. The Company shall have the right to, and will, at its own expense, defend the insured with respect to all demands and legal proceedings founded upon a claim of title, encumbrance or defect which existed or is claimed to have existed prior to the date hereof and is not set forth or excepted herein; reserving, however, the option at any time of settling the.claim or paying the amount of this policy in full. In case any such demand shall be asserted or any such legal proceedings shall be instituted the in- sured shall at once give notice thereof in writing to the Company at its state office and, if the insured is a party to such legal proceedings, secure to the Company, within ten days after service of first process upon the insured, the right to defend such legal proceedings in the name of the insured so far as necessary to protect the insured, and the insured shall render all reasonable assistance in such defense. If such notice shall not be given, or the right to defend secured, as above provided, then all liability of the Company with regard to the subject matter of such demand or legal proceedings, and any expense incident thereto, shall terminate; provided, however, that failure to give such notice shall in no case prejudice the claim of the insured unless the Com- pany shall be actually prejudiced by such failure and then only to the extent of such prejudice. 2. In the event of final judicial determination by a court of competent jurisdiction, under which the estate, lien or interest in- sured is defeated or impaired by reason of any adverse interest, lien or encumbrance not set forth or excepted herein,claim may be made as herein provided. A statement in writing of any loss or damage, for which it is claimed the Company is liable, shall be furnished to the Company at its state office within sixty days after such loss or damage shall have been ascertained. No right of action shall accrue with respect thereto until thirty days after such statement shall have been furnished and no recovery shall be had unless an action shall have been commenced thereon within one year after the expiration of said thirty days. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 3. The Company may at any time pay this policy in full, whereupon all liability of the Company shall terminate. Every pay- ment made by the Company, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder, shall reduce the liability of the Company by the amount paid. The liability of the Company shall in no case exceed the actual loss of the insured and costs which the Company is obligated to pay. When the Company shall have paid a claim here- under it shall be subrogated to all rights and remedies which the insured may have against any person or property with respect to such claim, or would have if this policy had not been issued, and the insured shall transfer all such rights to the Company. If the payment made by the Company does not cover the loss of the insured, such subrogation shall be proportionate. Whenever the Company shall be obligated to pay a claim under the terms of this policy by reason of a defect in the title to a portion of the area described herein, liability shall be limited to the proportion of the face amount of this policy which the value of the defective portion bears to the value of the whole at the time of the discovery of the defect, unless liability is otherwise specifi- cally segregated herein. If this policy insures the lien of a mortgage, and claim is made hereunder, the Company may pay the entire indebtedness and thereupon the insured shall assign to the Company the mortgage and the indebtedness secured thereby, with all instruments evidencing or securing the same, and shall convey to the Company any property acquired in full or partial satisfaction of the indebtedness, and all liability of the Company shall thereupon terminate. If a policy insuring the lien of a mortgage is issued simultaneously with this policy and for simultaneous issue premium as provided in rate schedule, any payment by the Company on said mortgage policy with respect to the real estate described in Schedule A hereof shall reduce pro tanto the liability under this policy. All actions or proceedings against the Company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against the Company with respect to serv- ices rendered in connection with the issuance of this policy, are merged herein and shall be enforceable.only under the terms,condi- tions and limitations of this policy. 4. The following terms when used in this policy mean: (a) "named insured": the persons and corporations named as insured in Schedule A of this policy; (b) "the insured": such named insured together with (l.) each successor in ownership of any in- debtedness secured by any mortgage shown in Item 3 of Schedule A, (2) any owner or successor in ownership of any such indebt- edness who acquires title to the real estate described in Item 4 of Schedule A, or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, (3) any governmental agency or instrumentality which insures or guarantees said indebtedness or any part thereof, and (4) any person or corporation deriving an estate or interest in said real estate as an heir or devisee of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured; (c) "date hereof": the exact day, hour and minute specified in Schedule A; (d) "public records": records which, under the recording laws, impart constructive notice with respect to said real estate; (e) "state office": the office of the Company at the address shown herein; (f) "mortgage": mortgage, deed of trust, trust deed, or other security instrument described in Schedule A. SCHEDULE A Amount $ 400 ,000.00 �"' 349352 ' 1970 at 8 : 30 A.M. Premium S 895. 50 Dat,: January 7 , 1. in�urcd CITY OF RENTON, a Muncipal Corporation. �. Title to the estate, lien or interest insured by this policy is vested in The named insured. • Estate, lien or interest insured Fee simple estate. • 4. Description of the real estate with respect to which this policy is issued PARCEL ' "A" : 6 , Township 23 North, That portion of Government Lot 1 , Sectiong Westerly of Range 5 East , W.M. , in King County , Washington , lying to 1V Wesestte with the Northern Pacific Railway Company right of way , s second' class shorelands in front thereof as au seaidrshCore lands sewere defined by decree entered in King County p 156371. PARCEL "B" : Block E . Lake Washington Shore Lands Section No . 2 , in King County , Washington, 75 feet thereof . EXCEPT the Southeasterly PARCEL "C" : 75 feet of Block E , Lake WashingtonBlock D and the Southeasterly Shore Lands Section No . 2 in King County , Washington. TOGETHER WITH second class shorelands adjoining all of the above parcels. Situate in the City of �Renton, County of King , State of Washington. 349352 SCHEDULE B Defects, liens, encumbrances and other matters against which the company does not insure: Special exceptions 1. 1970 taxes in the sum of $1, 219. 51, which became a lien on January 1, 1970, not payable until February 15, 1970. 2. Reservation contained in deed from the State of Washington recorded under• Auditor 's File No . 711139 reserving to the grantor all oil , gases , coal , ores , minerals , fossils , etc. , and the right of , entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry; to second class shore- lands adjoining Parcel A. 3. Reservations contained in deed from the State of Washington recorded under Auditor's File No. 2530326 reserving to the grantor all oil , gases , coal , ores , minerals , fossils , etc. , and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry, to tide and shorelands of the first class adjoining Parcel B. Right of State of Washington or its successors , subject to payment of compensation therefore, to acquire rights of way for private railroads , skid roads , flumes , canals , water courses or other easements for transporting and moving timber , stone , minerals and other products from this and other property, as reserved in deed referred to above. 4 . Reservations contained in deed from the State of Washington recorded under Auditor ' s File No . 3124824 reserving to the grantor all oil , gases , coal , ores , minerals , fossils , etc. , and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry, to shorelands of the first class adjoining Parcel C. Right of State of Washington or its successors , subject to pay- ment of compensation therefore , to acquire rights of way for private railroads , skid roads , flumes , canals , water courses or other easements for transporting and moving timber, stone , minerals and other products from this and other property , as reserved in deed referred to above . GENERAL EXCEPTIONS 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements nut disclosed by the public records; rights or claims of persons in possession, or claiming to he in possession, not disclosed by the public records: material or labor liens or liens under the Workmen's Compensa ' n Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water or electricity. 2. Exceptions and reservations in United States Patents; right of use, control or regulation by the United States of America in the exercise of powers over navigation; limitation by law or governmental regulation with respect to subdivision, use, enjoyment or oc- cupancy; defects, liens, encumbrances, or other matters created or suffered by the insured: rights or claims based upon instruments or upon facts not disclosed by the public records but of which rights,claims,instruments or facts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies. if any.preceding the same becoming a lien. 4. "Consumer Credit Protection", "Truth in Lending" or similar law, or failure to comply with said law(s). x f b (End of Schedule 13) / -- / -r'''')---5/4:2 1""-_/1-•) -.cr.:, ,/ _-- _r / a , \ V ''' I ' (/ I IL) t Th • 1\= -,Lc lit --„, " \' •.7-17,1" 4.1.7, / / c' I •;- .1.----- :.--- r , ,..s...„...\ \_\ ----.— 1 — ---, .....) • s 1 \ .7V . _.,/'—• , ......, ‘4•,-• \ ' __ -- --- - _ \ ____, .--.-' , -- - - __ _______ . I 1 , ,, _ - ' \ I , -- \\-> '/i ''‘)ri•-'-Z -,, - , /------= , --- ---/./;- ...., •--- --, /"...,.., „_ ' „......., _ I:;j- (---. , 2 , .; ----_, (---;-. • \ •--;-J-' . C___ s., • . ,_......._ \ \`----', ,. . -__:./c/ /- 7/ • - ,.' 7/?ill- ., L, \\......;,,- ,-„ f•-• ---“i c).--(1 ./6.- -37/ \ --_, ... c/..7, ,,,, ,. . ,.. ,-, L._i/- • , ,,,_ \ ' \ • \ / , \ .......\ \ . ,, ,._ , . _, ,- T.- ---" I 'z, u . ------ s map does not purport to show all highways , roads or easements affecting \ , \ .-- d property; no liability is assumed for variations in dimensions and location. , • A Transamerica Tele Insurance Company Transamerica Title Insurance Company • r---_ Banton County 224 West Kennewick Avenue,Kennewick - 596-3191 260 Williams Boulevard, Richland 943-9290 } • • Title`l e Chelan County 101 South Wenatchee Avenue,Wenatchee - NO 2-7141 • DIVISIONS 110 East 13th Street,Vancouver • 695-1301 • Cordite County as s u r a n c e 1522 Vandercook Way,Longview - 423-5330 • Douglas County 101 South Wenatchee Avenue.Wenatchee - NO 2-7141 • Franklin County California Division Policy I; .508 West Clark,Pasco - 547-5521 • - 1330 Broadway Grant Count •�� 234 1st Avenue N.W.,Ephrata - SK 4-2505 • Oakland,California 94612 Jefferson County (415) 835-4070 936 Washington Street, • Port Townsend • 385-2000 • King County Issued by 720 Second Avenue,Seattle - MA 4.5555 • • Map County _ 327 Pacific Avenue,Bremerton - ES 7.3768 . Lewis County a 1117 Park Street.Chehalis - 748.8641 Mason County Suite 5-Capital Savings Center.Shelton - 426.2255 Okanogan County Title Building, Okanogan 422-3490 Spokane County West 717 Sprague Avenue,Spokane - TE 8-3688 Northwest Division Thurston County Fifth&Washington,Olympia - 352-4828 720 Second Avenue I - Whitman County Seattle,Washington 98104 • P.O.Box 110, Pullman - LO 4-1269 • (206)624-5555 I Treneemeruce Title ASSOCIATED COMPANIES Clallam County Brumfield&Davis Title Company 113 North Laurel Street. Port Angeles • 457.4525 Insurance Company Fern County I� Ferry County Title&Escrow Co.,Inc. Title Building. Republic - 775.2424 • ® i Garfield County - Garfield County Title Company 494 Main Street,Pomeroy - 843-1851 { • Grays Harbor County Grays Harbor Title Company 224 East Wishkah,Aberdeen • LE 2-3851 •ya Island County Land Title Company of Island County Southwest Division 3003-30th N.W.,Oak Harbor - OR 5.2246 Hittites Comb 114 West Adams Street Kittiras County Title Company Land Title Building-5th&Pearl Street,Ellensburg - 925-9863 Phoenix,Arizona 85003 { Pacific County (602) 262-0511 Pacific County Abstract&Title Co. • 125 Alder Street,South Bend • TR 5.5721 • Pierce Tacoma Title Company, Inc. 1111 A Street,Tacoma • FU 3-1443 I Skagit County Land Title Co.of Skagit County 0.' 601 South Second Street.Mount Vernon ED 6-2158 Sa County Tounty ito 'SkamaO. is County Title Company _ - P.0.Bo:277.Stevenson - 427-5711 __ _ _ .. - - - - - - - - Snohomish County Iti Everett Abstract&Title Company 2939 Colby Avenue,Everett - AL 2-1156 A Service of Midwest Division wabklakum could Transamerica ic¢Corporation p Wahkiakum County Abstract Company P.O.Box 56,Cethlamet • 795-3741 1720 California Street Denver,Colorado 80202 lI walla walla CountyWalla Walla Title Company I 12 North Second Avenue,Walla Walla - JA 5.8660 (303) 534-9066Whale. County Bellingham Title Company 1321 Commercial Street,Bellingham - 734-7000 • 'Mime SchreinerTitle Company ddd 30 North Second Street.Yakima - GL 3.5501 OI'FICE OF TUE CPl`Y ATTORNEY • RENTON,WASIIINGTON POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY February 9 , 1970 Mr. Gene Coulon Park Director City Hall c � ' � Renton, Washington Re: y Gvr,, M a ' Dear Gene: We are returning to you herewith the original of the Title Report issued by Transamerica Title Insurance Company pertaining to the above transaction which appears to be in order. Of course, Item 1 should be eliminated since the property is tax exempt. We have notified the County Assessor' s office as per the enclosed letter. We suggest you turn the original of this Title Report over to Helmie for safekeeping. We remain Very truly yours, Gerard M. Shellan GMSsds Enc. cc: Mayor President Council ' City Clerk OFFICE OF TIIE CITY ATTORNEY • RENTON,WASIHINGTON POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY February 9, 19 70 County Assessor King County Courthouse Seattle,, Washington Re: Baxter to City of Renton transaction c. Gentlemen: This is to let you know that the City of Renton recently acquired as part of its Lake Washington Beach expansion program, the property described on the attached Exhibit from the J. H. Baxter Company, a California corporation. The Deed is dated December 31, 1969 and was recorded January 7, 1970, File No. 6606192. Since the City of Renton is tax exempt any 1970 tax lien is to be stricken from the- rolls. If there is any question on the matter you can contact the under- signed or Mr. James Hanken, Attorney for the Baxter Company, Phone MA 4-A4212 We remain Very truly yours, Gerard M. Shellan City Attorney GHS:ds Enc , cc: Mr. James Hanken Mayor Pres. Council City Clerk • Park Director Oy • INTER-OFFICE MEMO NO: Mr. Bert McHenry, Engineering Dept. DATE Feb. 2 , 1970 'ROM: Gerard M. Shellan, City Attorney E• Baxter property . 44), J Dear Bert: (A)L..) !mot/e;, Please refer to our discussion a few weeks ago regarding the proposed permanent access rights to the Baxter property across the tracks owned by the Northern Pacific Railway. As you know the City in the meantime has acquired the title to the property and as I. indicated to you then, it is important that the City pursue it with all deliberate haste to establish the proposed crossing site, together possibly with an alternate, that would be most advantageous to all concerned considering the problem of access, traffic safety, location, etc. As you know the Railroad moves very, very slowly in these matters and it is up to us to push this matter energetically. Would you please therefore complete the necessary engineering without delay, and submit it to the Park Department for their approval so that we can contact the Railroad and establish a meeting. If they refuse to cooperate , we may have no choice but to condemn. lone remain Very u9y yours, lerk Prop. Com. Gerard . Shellan OFFICE OF TILE CITY ATTORNEY • R ENTON,-WASHINGTON POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY January 1970 29 City of Renton ;./6 City hall -459- 14) ir Renton, Washington Attention; Mayor and Nembers of the City Council Dear Mayor Garrett and Members of the City Council: I am an attorney-at-law admitted to practice in the State of Washington and the duly appointed and acting City Attorney of the City of Renton. I have examined your application for a grant under Title VII • of the Housing Act of 1961, as amended, whereby assistance is requested in the acquisition of waterfront property at or near certain land known as Lake Washington Beach Park for the purposes of Park and Recreation. It is my opinion that the legal name of the City of Renton as shown on the application is correct. I have examined th, resolution certified by your recording officer and authorizing the submission of the aforementioned application and I find that it contains the findings and assurances which appear in the Guide Form of Resolution, known as Attachment C to Lett.r No. 0S-5 , Suggested Form of Resolution of Applicant authorizing Filing of Application for Grant to Acquire Open-Space Land, and that the submission of said appli- cation and its execution by the official who executed it are fully authorized by your governing body. I nave also reviewed all pertinent Federal, State and local laws , including local charter provisions , and particularly Sections RCW 35.23.440 ; 450 ; 35. 23.010 et seq, of the Revised Code of Washington, which establishes the City of Renton as a public body, empower it to receive and expend Federal, State and local funds , and empower it to contract with the United States of America for the purpose of receiving a grant under Title VII of the Housing Act of 1961, as amended, r Page Two Mayor Garrett and Members of the City Council January , 1970 29 I have made appropriate inquiry and i am satisfied that there is no pending or threatened litigation, in either Federal or State courts , challenging your authority to acquire open-space land or to contract with the Federal Government for the purpose of receiving a grant under Title VII of the Housing Act of 1961, as amended. Based upon the foregoing, it is my opinion that the City of Renton is a public body empowered to receive and expend Federal, State and local funds , to contract with the United States of America for the purpose of receiving a grant under Title VII of the housing Act of 1961, as amended, and to undertake and complete the proposed acquisition of waterfront property in the above described land, and, upon such acquisition, retain said interest for the designated permanent open-space uses ; and that, upon acquisition of said interest in said land, the City of Renton'a interest will be free and clear of any restrictions which would i.nt =rfere with the stated purposes of said grant to maintain said land as permanent open-spacerland and for park and recreational purposes . G'e .ard H. Sila an Ci. y Attorney, City of Renton qt, Date : January i.l, 1970 I : 4 OF JR. � ti41 -n C U \% /, OFFICE OF THE CITY ATTORNEY a RENTON,WASHINGTON POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 o 13 GERARD M. SHELLAN, CITY ATTORNEY tisAoRT CAPITA-of�� JOHN IS. PAIN, JR., ASSISTANT CITY ATTORNEY January 23 , 1970 _ Mrs. Helmie Nelson City Clerk City Hall ,� �'�!`v%_" Renton, Washington L 4 \ Re: City of Renton - Baxter 8 Co . \T` Property Acquisition e � CDear Helmie: We have received this morning the original and one copy .of the "Assignment of Permit From the Northern Pacific Railroad For Crossing" from Baxter' s attorney. We are enclosing said documents herewith for execution by the Mayor and City Clerk but before such execution and recording, the City Engineer should definitely check out the legal description contained in said Assignment to be sure it does cover the present crossing . 6V—In addition, we are handing you original and one cop.J of the "Assignment of Army Corps of Engineers Permit" that we had pre- viously requested and if that meets with your approval, same should likewise be executed by the Mayor andCity Clerk. Our Engineer and Superintendent of Parks should probably determine whether the Permit from the Corps of Engineers would be of any particular benefit to the City. If so, a copy of the Assignment should be sent to the Army Corps of Engineers to indicate that the City has acquired the j' interests of t e ormer owner, J. H. Baxter Company and requesting their consent to such assignment . �A The Attorney for. the Baxter Company has also brought into our office qthe Assignment of the Harbor Area Lease (Port of Seattle) which the Mayor and City Clerk in the meantime have signed. We are enclosing a copy hereof. This document , after it has been approved by the Port of Seattle, should likewise be recorded with the Director of Records and Election, King County. Enclosed please also find the billing from the Port of Seattle covering the rental for the harbor area, as described above, in the sum of $146 . 00 covering the calendar year. 1970 . This should likewise be paid by your office . You may also request the Port of Seattle to forward to you a copy of the Lease after the Assignment is approved. ti 4 Helmie Nelson Page January. 23 , 1970 If we can be of any. further help to yp.i in this matter, pease let us know. I We remain (/ Yours v tr y r.. 1/ ""Gerard: M. he an City Attorney GMS :nd cc: City Engineer __- �j`". _ S..__r� . _ - �._ x,E i ni� .,�: �• ,:Y- :.C` ^>Aa ,`.':,`t' rak.q,:>;`,:.y'fi.w'f.._.`4._....(�,_.;;i 4.---x w:.r�''i I , -' ` ' ,_ 2j 1 OFFICE O 'THE ITY ATTORNEY q e RENTON,WASHINGTON iii....i_e_64)...--- POST OFFICE BO.I 626, 100 2NO STREET BUILDING, RENTON, WASHINOTON9I055 ALPINE 5-B678' .(--i GERA1lD M. SRE-,L 1i CITY ATTORNEY JOB N. Nun, J-,., ASSISTANT CITY ATTORNEY * /1.4 6 jj. 4 January 6, t 7o .,fi ).7 g/P Hon. Aver y Garrett, May)r Members of, City Council City Hall Renton, Washington Re: J. H. Baxter - City of Renton: ' Real state Transaction Gentlemen: This is to advise you tha the above captioned matter was" ;.:: ': ':=' ' closed in our office on January 5, 1970 and the Statutory Warranty deed from the J. . Baxter Company in favor' Of t P Ythe ,;: 'City has now been placed o record with the King County , Auditor's office. The ori• inal of the deed, after recording, ' will be forwarded to the Ci y Clerk. ... Pursuant to our prior agree ent with the Seller, and as stated in the Earnest Money Agreerne-it, certain funds have been withheld from the purchase price pend .ng negotiation with the Northern' Pacific Railroad for permane t access. As indicated in our previous communications, including our letter dated December 22, 1959, it is extremely vit.il for the Engineering Department to make their recommendation • s to location and size of the permanent crossing so that titely presentations can be made to - the Railroad for said purpose. If no agreement can be reached then the City may have to re s. t to eminent domain proceed ,pge, . We are also enclosing herewith or the benefit of the City ' Clerk the undersigned's letter •fated January` 5, 1970 addr sed to the Seller's attorney and signed by him acknowledging receipt of the warrants paid by he City,. We are also notifying the Northe n Pacific Railway of the City's acquisition of said property and .gain urge their cooperation. If you have any questions at all i the above matter, please let us know. We remain cc: City Clark Gene Coulon You ,s very truly, - City Engineer SHEL IN, STONE 6 SWANSON . hellar� y GMS i nd Y d M. , City AR'torria J�J, 1 � � t OTHER DIETS. 41 14 OF W.M. 42 15 DATE PRECINCT SCHOOL DIST. 43 16 OTHER DIETS. 44 19 OF W.M. 45 18 DATE PRECINCT SCHOOL DIST. 46 19 OTHER DIETS. 49 20 OF W.M. DATE PRECINCT 48 21 SCHOOL DIST. 49 22 OTHER DIETS. /i SO 23 OF W.M. DATE PRECINCT 51 24 SCHOOL DIST. S2 25 OTHER DIETS. 53 26 OF W.M. 54 29 of Municipal Corporations ,_ .' :` :X: Ti.' . ,• r1t ", - - _ :rn;4 ,5:-.:: i.; ' ` y ;^s'.e` t '}''r /0 .z/` `) OFFICE O1'THE CIITY ATTORNEY 0 R POST OFFICE BC 1 626, 100 2ND STREET BUILDING, RENTON,WASHINGTON 9608' ALPINE 5- 67® CIIMARD M. fie:,•-AN. CITY ATTORNEY swum N.PAIN, •v., ASSISTANT CITY ATTORNEY s,4 r January 6 '1970 1 .. Hon. Avery Garrett, Mayhr ` Members of City Council , = ,,.. City Hall I - i1= ,, Renton, Washington 1 ` . . . .. Re of Renton :: i•; ; . • _ J. H. Baxter '� City : =��. Real state Transaction ax:~ Gentlemen: f. a�`� . This is to advise you tha the above captioned'matter was ; '.- , :: '': closed in our office on Jaluary 5, 1970 And the Statutory'. t' Warranty deed from the J. . Baxter Company in favor of t 4s. 'City has now been placed o record with the King County Auditor's office. The ori. inal of the deed, after recording, _ will be forwarded to the Ci y Clerk. {:s: i 1 Pursuant to our prior agreement with the Seller, and as stated - in the Earnest Money Agreetre t, certain funds have been Withheld from the purchase price pend ng negotiation with the Northern ' Pacific Railroad for permane t access. As indicated in our . t previous communications, including our letter dated December 1 22, 1969, it is extr3.nely vat 1 for the Engineering Department.-. ! to make their recommendation : s to location and size of the--• permanent crossing so that titely presentations can be made-to >.` 1 • the Railroad for said purpose. If no agreement can be reached 1 then the City may have to re s.:, t to eminent domain proceedk ' We are also enclosing herewith for the benefit of the City ,,. Clerk the undersigned's letter .,ated January 5, 1970 addree®ed to the Seller's attorney and sinned by him acknowledging i receipt of the warrants paid by .he City, I We are also notifying the Northe _ n Pacific Railway of the C.ty's acquisition of said property and gain urge their cooperation. If you have any questions at all i the above matter, please I let us know. i We remain co: City Clerk \ 1 Gene Coulon Yours very truly,Pf City Engineer SHEL IN, STONE i SWANSON GMSind y " d M. hellan, City A2'torney • ' c- . 4a.1 J .1 -:. - , - $ . , -,; 4 .:_ xa t. $ a a _.g`�' . ^:a ::k �s .'a i4` yrqt,e , }:'y , : +s • ' , K, ' is + •..�'4' }:.5 V�'-it1'ti ri .t. . ,•; .,'s.,-4'14.-, ,1 13-^'!'::;-a:v k -'t1 � -a•' • . ; t . , . 4 J '' C--jt-)6"..--• - b�'ICD U;�� THE ,ITS ATTORNEY.' o R!': . ENTON.Iti'AI�IIN4'�N - 1 POST OFFICE 801 626, 100 2NO STREET BUR.OING, RENTON.WASHINOTON 5*053 ALINE 5-0678 • QENARO M. q,[ ,_AN. CITY ATTORNEY :`_'`' ' JOh N 1[.'AIN, JAL, ASSISTANT CITY ATTORffO Hon. Avery Garrett, Ma oar r•. ' Members of City =-',; • . •' Council ', ',�-; �r: �. . r:: � y City Hall _ n Ran ton Wa shington s hi I ngton Re: J. H. Baxter - City of Renton '":= • Real state e R Transaction. Gentlemen: This is to advise you tha the above captioned matter wee closed in our office on Ja 'uary 5, 1970 And the Statutory'. , ` 'Warranty deed from the J. Baxter Company in favor of-tte 1 'City has now been placed o record with the King County •`'' :;' Auditor's office. The ori• inal of the deed, after recordijig,' ,'. will be forwarded to the Ci- y Clerk. . `1.;• _ Pursuant to our prior agreement with the Seller, and as ftited in the Earnest Money Agreeme t, certain funds have been withheld ' from the purchase price pend rig negotiation with the Northern 1 Pacific Railroad for permane t access. As indicated in our previous communications, including our letter dated December 1 22, 1969, it is extr3mely vit it for the Engineering 'Department, • : to make their recommendation s to location and size of the.:': ' permanent crossing so that ti ,ely presentations can be made• to • 'a the Railroad for said purpose. If no agreement can be reached.. 'than the Cityhave may to res. t to eminent domain procee ggs, ':,: Ti We are also enclosing herewith for the benefit of the City ;, .' y Clerk the undersigned's letter sated January 5, . 1970 addreeeed to the Seller's attorney and si, ned by him acknowledging . • 1 receipt of the warrants paid by he City, j We are also- notifying the Northe Pacific Railway of the City's ? acquisition of said property and, gain urge their cooperation. If you have any questions at all i the above matter, please ' 9 let us know. j We remain , ' 1 • i cc: City Clerk Gene Coulon Yours very truly, . 3 City Engineer , BHEL4 IN, STONE 6 SWANSON 't GMSind .C: ' (2) Y d M. hellan, City Attorney OI+I'I CIS; C)J rPIIE CITY ATTORNEY • RENTON,WASH]N GTON POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN,'JR., ASSISTANT CITY ATTORNEY January 6, 1973 c#-/b4-/ Northern Pacific 14:Ailway Company 'r opertie. and Industrial Development Dept. 820 Central Buildin Seattle, Washington 98104 Attention; Mr. A. Cc Grissom Industrial Agent Rat City of Renton -- .b die Baxter k, L. Trane. Dear Sir: This is to advise you that the City consummated the acqu. nit ,on of the J. H, Baxter Company property on January 5 , 1970 and that th Statutory Warranty deed therefor has been placed on record cit~h, the King County Auditor's office. The matter° of the permanent crossing over your tracks is being held in abeyance:. We would appreciate if you would let us know at thu earliest possible date whether an agreement Care now be reached for such a permanent crossing. Our City Engineering Department is preuent2.y preparing than; necessary information for such easement rights which information should be avail,b le during the n',At few days. In the interim, would d you please consent to the assignment of property rights to t ha City, which is part or the conveyance, pertaining to the present crossin ;Ned w-dloiaing properties leased to the Baxter Co}ap a y by the railroad, Thanking your for your courteous cooperation,seration, we remain Yours very truly, Gerard M. Shellazt City Attorney Z'9S: d bc: Bert McHenry Cane Conlon City Clerk Council President Mayor Property C to aua j 1 - OI+'I'ICE OF 'E.IIE CITY ATTORNEY v RENTON,WASH]N GTO N POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY January 6, 1970 3orthern Pacifica Railway Company Properties and Industrial Development Dept. 320 Central Building Seattle, W shirazton 98104 Attez tion: r. A. G. Grissom Industrial Agent Re: City of Renton - J. H. Baxter R, E. Trans. Dear Sirs This is to advise you that the City consummated the acquisition of the Jd He Baxter Company property on January 6, 1970 and that the Statutory Warranty dead therefor has b ssen placed o., record 'with the Xing County Auditor's office. The matter of tha per4 anent crossing over your tracks is being held in abeyance. We would appreciate if you would lot us know at • he earliest peas ihle data whether an can new be reached for such aagreement Engineering Department is presently crossing. Our City P y preparing the necessary informatian for such casement rights which information should be available during the next few days. In the interim, would you please consent to the assignment of property rights to the City, which is part of the conveyance, pertaining to the present cr;s ;a. rn; 4rad a,d j�.fining properties leased to the Baxter Company by the railroad. Thankiag you for your courteous a cooperation, we remain 'fours very truly, Gerard M. Sh llan City Attorney CMS s Ltd bo: Bert McHenry Gene Coulon City Clerk Council President Mayor Property Cam, te.l imn 1�1�IC E r „•,I. O OF THE CI'Tl, ATTORNEY a RENTON,'WW:ASHINGTON` POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ,ALPINE 5E678, GERARD IN. SHELLAN, CITY ATTORNEY "` :`;. JOHN K. PAIN, JR.,ASSISTANT CITY ATTORNEY, ., ^,"" r January 6;' 3.97`ak . ' . 2,_-., [n , ‘-,, • '-''• . f,•d-j1 ' ry Garrett, Mayor. •= ?embers of..City. Council ' City 'Hall... ' F , - ,- Renton,; Washington , •Re• J., H. Baxter :"� City. t. -' of- Renton, - ;` ., • ,I Real Estate Transaction : • ',.t �_;'' ` : This as to advise,'you that the above ca c osed in our, office on January..:, 1970 :and the Statutory :: Warranty deed from the J. H. Baxter Company in favor of. the;,`-,', •',,,„ , • ';• City-has- now been placed on record with the Kin County :Auditor' s"-of f tc�e. The original of the . deed,- after;recordi:ng °' will be for:.war -ded to the City' 'Clerk - • '' Pursuant to our prior agreement with the Seller, an as,. , rt1stated. }.. '..in. the 'Earnest Money Agreement, certain funds' have "been, withheld , , -- from the purchase. 'price pending negotiation with the Northern'-°'. ,,,' '': ''Paci` tc Railroad"',for permanent access.'" . As _indicated in, ours.' ;' .' previous communications , including our .letter dated December•• '; � 22 .' 1969,`.'it 'is "`extremely vital .'for' :the rngJneer n Department ,.<y to make their recommendation as'to location and size of he ..,. ;. •• :., ,r ,, =',' permanent ,crossing so that timely:,presentations ,can;..be: ade,`'to,,,_ :: the -Railroad for said purpose._,, If no =agreement can be, reaac .ec3,: '. ° then" the City' -may have to.: resort to' 'eminent domaS,,,i ra proce edi..... 'We are also: enclosin y herewith for the benefit q ; th-_, ",Clerk'.the usnders`igned.I s iet-ter, 'dated' January Si, :�1 .°�,t1 � - ''.„`addressea:': ;.to. the Seller's attorney and signed by",'him, acknowledging;;`,;:,-^;`',:,', '. • •,receipt of the warrants paid b �,"the y y c3.tyr�h 4 , We 'are ali© notifying the Northern a i i o. * Rail Way 'of•'the .City t-s. ,, '...,. acquisition of •said property and. again urge, their.. cooperat=ton. l': ,If you' anyquestions y q ins at all. in 'the' above :mattGXs • p3.ease� �� r let us.;know. ,.. We .remain, cc:- City Clerk' , ' : `�` -x,,. ' Gene Coulon ,,, ' ' Yours very Truly, y,". ;`e',: ` City. Engineer HEM; A_IN;" STONE g .SWANSCN' GVIS:nd' '" o �' d N. hel lan City "jAT orney - t3i U \e . 'Z, OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON r;, , a POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 GERARD NI. SHELLAN, CITY ATTORNEY sAO4r CAPITAL OF�� JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY January '5 , 1910 Mr. James C. Hanken Attorney, at Law 1114 Norton Building Seattle, Washington 98104 Re': ' City of 'Renton . 'Baxter' property' Dear Sir: Pursuant to our prior understanding we' Vare handing you .herewith: City of Renton Warrant Nos. 5736 and '5737 `in' 'the sum of $8.894...15 and $373,605 . 85 , respectively, which constitutes the balance of, . the purchase Vprice as per Earnest Money Agreement 'dated .October. ;8'; 1969 .. . It is further understood that the sum of $.7.500.00 be :placed., on deposit with the Prudential Mutual Savings Bank and ,that ,.payment is evidenced by- the enclosed Warrant No. 5757 'in said 'amount. :Said latter sum will be placed by you with the Prudential Mutual Savings Bank in a joint savings 'account as further set forth in the afore- said Earnest Money Agreement. It is understood, that the City will proceed with all 'appropriate. speed in negotiating with the Railroad for the' :permanent--aaces: -rf.ghts and we shall keep you advised in that respect. We acknowledge herewith the. receipt 'of the original of the Statutory Warranty Deed form you prepared in favor of the City of Renton which is to be placed on record forthwith. Simultaneously therewith, you are furnishing us an assignment of any and all permits and° crossing rights that you now hold from the- Northern 'P'acific:':Railroad,: as well as any permits' or licenses from the U. S. Corps of Engineers pertaining to the subject. property.. :Furthermore you will make available to: us 'a Consent to Assignment of your Lease' with :the: Port 'of Seattle which we' understand- is to' be forthcoming within:" 30 days from date. . . You will instruct the title company, prior to the is.s.uance` 'of... title' policy,that the easement in favor Friends of Youth is to be. eliminated from said report. ' We Yemain Very tr you s GMS :ds erard o hel n The foregoing is hereby acknowledg d t 5th: day of January, 1970 . aF./Lenihan, Iver , Jensen & McAteer At`toen-ys for Sellers ,J.H.Baxter Co. • ( • • • OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 GERARD Al. SHELLAN, CITY ATTORNEY JONN K. PAIN,-JR.; ASSISTANT CITY ATTORNEY • January 5, 1970 Transamerica Title Insurance Company • ' 720 Second Avenue Seattle, Washington • • Attention: Mr. Ben McDonald Re: City of Renton - J. H. Baxter CO. Dear Bens • • We are hand-ng you herewith the original, together with Exhibit A, . of the Statutory Warranty Deed from the J. H. Baxter Company to the City of Renton. Would you please put said document on record forthwith, attach the required revenue stamps thereto, _and bill the cost to Mr. James Hanken, Attorney.at Law, • 1114 Horton Building, Seattle, Washington, as attorney for - --Grantor. As you know, there is no sales tax due. • Would you please also see to it that Item 2 •`oe' your Preliminary Title Report is eliminated since the vacation of easement is being recorded today. The original of the owner's. title 'policy • may be forwarded to our office. If you have any questions please let us knot,. • • We remain . • • • Very truly yours, (f • • Gerard M. Shellan • City Attorney ©M$:ds • • Eno. • cc: Mr. Hanken Mr. Coulon • , • City Clerk • [72) . " - • . • ' •••-•- cr.,:‘;,,;,,,„,t,„.,...:_.,7fir„, ,„-. • i • i •• Idevitaug STAMP; •'''f ', .-:'111;7:...,.•!U 0 [ Tfi S SPACE kESEPVFD FO RFl n�nr v i , :);ibis 4 .JM!{n'ii..7' -Yttill:!ifi•eiii,:iii.;f %,Oil,`d:ii; E . Filed for Record at Request of , • • TO PILEb FOR RES^40 BY • SHELLAN.PA1N.STUNE & SWANSON •e , ATTORNEYS AT LAW• 100 S. 2nd St. Bldg. . P. 0. BOX 626 RENTON, WASH. 98055' • • FORM L59 • Statutory Warranty Deed • (CORPOATE—Fo1M) • THE GRANTOR J. H. BARTER Cc r CO. , �': a California corporation, for and In consideration of FOUR HUNDRED THOUSAND and no/100 ($400,000.00) Dollars . in hand paid, conveys,and warrants to CITY OF RENTON, a municipal corporation, • the following described real estate, situated in the County of Xing , State of Washington: • , • • SFS EXHIBIT "A" ATTACHED HERETO. • • • The- above Grantee hereby agrees that the above-described premises or any interest therein may not .be sold, l�ascd, or otherwise transferred without the p-riar written approval of the Secretary of Housing and Urban Development, his designee, or any successor thereto and the foregoing shall be a covenant running with the • land• . • • • • IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal to be.hereunto affixed this 31 s t day of December, 1969 J. H. BAXT & CO. Al i i () )7 resident. • • California s == ._'C Secretary. STATE OF -1: ILL,:.-='; 1 ss. County of • e. .. i ic' On this day of , before me, the'undersigned, • a Notary Public in and for they State of Washington, duly commissioned and sworn, personally appeared ALF1E X. BAXTER and R. B. LOSSMAN J.H. BAXTER E & to me known to be the President and Secretary, respectively, of J•+3. �-•:L -..Z CO. , INC. ,N the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and • vnhintaryy act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that tc2�y LI3j. authorized to execute the said instrument and that the seal affixed is the corporate seal of said • ;f corporation. t' Witness my hand and official seal hereto affixed the d y and year tin. above tte Z,/ I• .. a.02'1V . .7.1, , .. .tt(did.la./ t >y?o:aP:eblinafd !rthcSIatej/ eo . EXHIBIT "A" PARCEL "A" • That portion of Government Lot 1, Section 6, Township 23 North, Range 5 East, W.M. , in King County, Washington,. lying Westerly of the Northern Pacific Railway Company right of way, together with second class shorelands in front thereof as said shore lands were defined by decree entered in King County Superior Court Cause No. 156371. PARCEL "B" • Block E, Lake Washington Shore Lands Section No. 2, in King County, Washington, EXCEPT the Southeasterly 75 feet thereof. PARCEL "C" Block D and the Southeasterly 75 feet of Block E, Lake Washington Shore Lands Section No. 2 in King County, Washington. TOGETHER WITH second class shorelands adjoining all of the above parcels. ° Situate in the City of Renton, County of King, State of Washington. . PARCEL "D" All rights and interest in Harbor Area Lease No. 92 from the Port of Seattle to J. H. Baxter to the extent it covers harbor area adjacent to Parcels "A", "B" and "C". PARCEL "E" All rights and interest from a permit from the Army Corps. of Engineers to operate and interfere with navigation on that por- tion of Lake Washington adjacent to Parcels "A", "B" and "C", covered by such a permit. . j. r- Eikhibit A cont. . . . • PARCEL "F" • All rights and interest in a crossing permit from the Northern Pacific Railway and held by J. H. Baxter and Company and/or its predecessors in interest, including that certain Lease dated July 1, 1939 as supplemented by Lease dated March 29 , 1946 , No. 57220. .t • • • i . I ' f _ F, tea / • .. Z Pioneer' Na�ional Title Insurance Cor..,�,any WASHINGTON LAND TITLE ASSOCIATION �) © RUMINANT COMMITMENT FOR • • WASHINGTON TITLE1' DIVISION TITLE INSURANCE CONOOKN/� iePrE 71$$ECONO AVENUE • SEATTLE.WASHINGTON.28104 • TELEPHONE.682.6600 • CERTIFICATE NUMBER ' B-874482 UNIT $ 21 • R. LYMAN HOUK • CITY OF RENTON ENGINEER'S OFFICE CITY HALL. 200 MILL AVENL\E SOUTH RENTON, WASHINGTON • ATTENTION ' R. LYMAN HOUK \ RE' PUGET TIMBER COMPANY \ /l' e d — Q)' ti GENTLEMEN ' FOR THE PURPOSE OF DETERMINATION OF NECESSARY PARTIES DEFENDANT IN A SUIT TO CONDEMN THE FOL OWING DESCRIBED PROPERTY, THIS COMPANY CERTIFIES FROM A SEARCH OF .THP RECORDS WITH RESPECT TO SAID PROPERTY AS FOLLOWS' \ • RECORD OWNERS' J. H. BAXTER & CO. , A CALIFORNIA CORPORATION. FORMERLY PUGET TIMBER COMPANY , A WASHINGTON CORPORATION PROPERTY' PARCEL A' THAT PORTION OF GOVERNMENT LOT 1 , SECTION 6 TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M. , IN KING COUNTY, WASHINGTON, LYING WESTERLY OF THE NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY; TOGETHER WITH SECOND CLASS -SHORELANDS IN FRONT THEREOF AS SAID SHORELANDS WERE DEFINED 'BY DECREE ENTERED IN KING COUNTY SUPERIOR COURT CAUSE NO. 156371, EXCEPT THAT PORTION THEREOF LYING WITHIN BLOCK "E" OF LAKE WASHINGTON SHORE LANDS. PARCEL B ' BLOCK "E" , LAKE WASHINGTON SHORE LANDS, IN KING COUNTY . WASHINGTON EXCEPT THE SOUTHEASTERLY 75 FEET THEREOF. PARCEL C' BLOCK "D" AND THE SOUTHEASTERLY 75 FEET OF BLOCK "E" , LAKE WASHINGTON SHORE LANDS. IN KING COUNTY, WASHINGTON. ENCUMBRANCES' • B-874482 PAGE 1 1. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON WHEREBY SAID GRANTOR EXCEPTS AND RESERVES ALL OILS, GASES. COAL , ORES, MINERALS, FOSSILS, ETC. , AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING MINES, ETC. , PROVIDED THAT NO RIGHTS SHALL BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. AUDITOR' S NO. ' 711139 THIS MATTER APPLIES ONLY TOi SAID PARCEL A 2. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON WHEREBY SAID GRANTOR EXCEPTS AND RESERVES ALL OILS, GASES, COAL , ORES, MINERALS, FOSSILS, ETC. , AND THE RIGHT OF ENTRY FOR OPeNING, DEVELOPING AND WORKING MINES, ETC. , PROVIDED THAT NO RIGHTS SHALL BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. AUDITOR'S NO. ' 2530326 • • THIS MATTER APPLIES ONLY. T08 SAID PARCEL B 3. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON WHEREBY SAID GRANTOR EXCEPTS AND RESERVES ALL OILS, GASES, COAL , ORES,, MINERALS, FOSSILS, ETC. , AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING MINES, ETC. , PROVIDED THAT NO RIGHTS SHALL BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. AUDITOR' S NO. ' 3124824 THIS MATTER APPLIES ONLY TOe SAID PARCEL C 4. RIGHT OF WAY, IF ANY, FOR RAILWAY SPUR TRACK, AS SHOWN BY STATE MAP OF LAKE WASHINGTON SHORE LANDS. . 5. EASEMENT UPON AND OVER THE SHORE LANDS IN FRONT OF AND ADJACENT TO LOT 42 , ELDON ACRES, FOR .THE PURPOSE OF ERECTING AND MAINTAINING A WHARF AND BOAT HOUSE THEREON, TOGETHER WITH RIGHT OF WAY FOR INGRESS AND EGRESS TO THE SAME, GRANTED BY INSTRUMENT RECORDED APRIL 26, 1926 UNDER AUDITOR' S FILE NO. 2174619. NOTES THE BENEFICIAL INTEREST IN SAID EASEMENT IS NOW HELD OF RECORD BY FRIENDS OF YOUTH, INC. , A WASHINGTON CORPORATION 6. ANY LIEN OF LIENS AFFECTING SAID SHORE LANDS THAT MAY ARISE OR BE CREATED IN CONSEQUENCE OF OR PURSUANT TO AN ACT OF THE LEGISLATURE OF THE STATE OF WASHINGTON ENTITLED "AN ACT PRESCRIBING THE WAYS IN WHICH WATERWAYS FOR THE USES OF NAVIGATION MAY BE EXCAVATED BY PRIVATE .CONTRACT, PROVIDING FOR LIENS UPON LANDS BELONGIMG TO THE STATE. GRANTING RIGHTS OF WAY ACROSS LANDS BELONGING TO THE STATE" , APPROVED MARCH 9, 1893. NOTE' NO SEARCH OF GENERAL TAXES OR ASSESSMENTS HAS BEEN MADE. LIABILITY OF THE COMPANY UNDER THIS CERTIFICATE IS LIMITED TO THE COMPENSATION RECEIVED THEREFOR. RECORDS EXAMINED TO JANUARY 9, 1969 AT 8' 00 A.M. AUTHORIZED SIGNATORY rLe CHARGE' $56.00 TAX $ $2.52 • RBA'RS • • B-874482 PAGE 3 • • • OFF'I('1: OF THECITY ATTORNEY • RENTON,NN ASHINGTON • . POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY • January S, 1970 Transamerica Title Insurance Company V • 720 Second Avenue • Seattle, Washington Attention: Hr. Ben McDonald Re: City of Renton - J. N. Baxter Co. Dear !Ben: • We are hand-nj you herewith the original, together with fthibit A, . of the Statutory Warranty Deed from the J. N. Baxter Company to the City of Renton. Would you please put Raid document on V record forthwith, attach the required revenue stamps thereto, and bill the cost to Mr. James Hanken, Attorney at Law,' • 1114 Norton Building, Seattle, Washington, as attommey for Grantor. As you know, there is no sales tax due. Would yoU please also see to it that Item 2 h'ea-• your Preliminary • Title Report is eliminated since the vacation of easement is being recorded today. The original of the owner's title policy may be forwarded to our office. • If you have any questions please let us know.. • Ws remain'. • • ♦ery ly yours, V • / 7 (tJ • • Gerard M. Shellan City Attorney . • Ertl:ds V Eno. . cc: Mr. Hanken Mr. Coulon City Clerk . • l' .. •"•' rj ...Y - REVENUE STAMPS PS 'Dili NiivJ Dnd?ii9i.;!'"?lli;j'ol o•Ndt,e,'$;r;!'a7i::iiei:;,J�7 �I' THIS SPACE RESERVED FOR RECORDER'S USE, b^iA9lUNGTOt!'7111-�QIVi:ilou Filed for Record at Request of • • • TO Pile FOR REn. R) BY SHELLAN,PAftLSTUNE & S-W\NS01 ATTORNEYS AT LAW• 100 S. 2nd St. Bldg. . P. 0. BOX 626 RENTON, WASH. 98055 • • • FORM L59 • rfv C..;c l! �.wa w.'s�+i}SF'io • eC4 (CORPO !{'rE—FORM)• THE GRANTOR J. H. BA TER Cr. CO. , s? c"1 California corporation, for and in consideration of FOUR HUNDRED vD OUSx^; •;D and no/100 0400,000. 00)) Dollars in hand paid, conveys and warrants to CITY OF RENTON, a municipal corporation, • the following described real estate, situated in the County of 'Xing State o.f Washington: ZEE EXHIBIT "A" ATTACHED HERETO The above Grantee hereby agrees that the above-described premises ©r tany .(.i8l.er e.�74. therein may not 4J�. sold, leased, orotherwise transferred without the prior written approval of Housing and Urban Development, his designee, or any successor thereto and the foregoing shall lie .a covenant running with the land • IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal to be hereunto affixed this 31 s t day of December, 1969 J. H. BAXT & CO. • J • -7 resident. California — STATE OF Secretary. �« SS. County of • �i.,. �' On this day of , before me, the undersigned, • a Notary Public in and for the State of Washington, duly commissioned and sworn ersonall a eared l.'..w.`'Lr1't.:9 Xn BAXTER and Re B. '2OSSM� N Y PP to me known to be the President and `t X n Secretary, respectively, of j ER o ma® �.:.wm�....;��. 6.: CO. 9 INC. , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and • ,.wiluntary� t�and'deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that u2Ytiff authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the d y and year fir, aboveAN itte • t ; PublinafJrtheStatc teo - r_ • • EXHIBIT "A" PARCEL "A" That portion of Government Lot 1, Section 6, Township 23 North, Range 5 East, W.N. , in King County, Washington, . lying Westerly. of the Northern Pacific Railway Company right of way, together with second class shorelands in front thereof as said shore lands were defined by decree entered in King County Superior • Court Cause No. 156371. PARCEL ' B" 1J / Block E, Lake Washington Shore Lands Section No. 2, in King County, Washington, . EXCEPT the Southeasterly 75 feet thereof. PARCEL "C" Block D. and the Southeasterly 75 feet of Block E, Lake Washington Shore Lands Section No. 2 in King County, Washington. TOGETHER WITH second class shorelands adjoining all of the above parcels. • Situate in the City of Renton, County of King, State of Washington. PARCEL "D" All rights and interest in Harbor Area Lease No. 92 from the Port of Seattle to J. H. Baxter to the extent it covers harbor area adjacent to Parcels "A", "B" and "C". PARCEL "E" All rights and interest from a permit from the Army Cores. of Engineers to operate and interfere with navigation on that por- tion of Lake Washington adjacent to Parcels "A", "B" and "C", covered by such a permit. . , • • ENnibit A cont. . . PARCEL "F" All rights and interest in a crossing permit from the Northern Pacific Railway and held by J. H. Baxter and Company and/or its predecessors in interest, including that certain Lease dated July 1 , 1939 as supplemented by Lease dated March 29 , 1946 , No. 57220. Al ?/•-Q. o 9 7 Q'k' c L/f G ( 3?7/ — "/ ASSI OF PERMIT FROM THE NORTHERN . 'ACIFIC RAILROAD FOR CROSSING • ASSIGNOR, J. H. BAXTER & CO. , a California corpor- ation, of San Mateo, California, in and for consideration of One Dollar M$l.AO) and other good end valuable consideration*, receipt of which is hereby acknowledged, hereby assigns, transfers and warrants to the CITY OF RENTON, a municipal cor- poration of the State of Washington, Assignee, all of its right, title and interest in that certain permit from the Northern Pacific Railroad for access, ingress and egress to those certain real properties described as follows: Parcel "A": That portion of Government Lot 1, Section 6, Town- ship 23 North, Range 5 East, W.M. , in King County, Washington, lying Westerly of the Northern Pacific Railway Company right of way, together with second class. shorelands in front thereof as said shore lands were defined by decree entered in King County Superior Court Cause No. 156371. Parcel "B": Block E, Lake Washington Shore Lands Section No. 2, in King County, Washington, EXCEPT .the Southeasterly 75 feet thereof. Parcel "C".. Block D and the Southeasterly 75 feet of Block E, Lake Washington Shore Lands Section No. 2 in King County, Washington. TOGETHER WITH. second class shorelands adjoining all of the above parcels. Situate in Renton, King County, Washington. Assignor agrees to comply with all reasonable requests of Assignee in obtaining extensions and/or codifications of said permit. • LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 • -1- Assignee agrees to perform all covenants of the permit as if it were the original Permittee to the Permit. DATED at Renton, Washington, this day of January, 1970. . J. H. BAXTER & CO. . :: h ecretary CITY OF RENTON 1-6 (-e///61 V. 4-6-0407---- May ' ATTEST: ,�:t,-/ems. ' • City Clerk, City of Renton • STATE OF CALIFORNIA ) ��y�l i., ) sta. County of /1Ia ) ' ON THIS . 2O, day of January, 1970, before me, the • undersigned, a Notary Public in and for the State of Calif- ornia, duly commissioned and sworn, personally appeared ALFRED X. BAXTER and R. B. MOSSMAN, to me known to be the President and Secretary respectively of J.H. Baxter & Co. , the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and volun- tary act and deed of said corporation, for the uses and pur- poses therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the. corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year first above written. yr /4 d ' ' at .y Public. ily‘i and for he State f alifornia, residing at San Mateo LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 -2- • STATE OF WASHINGTON ) • ) ss. County of King ON THIS day of , 1970v before me, the undersigned, a Notary Public if and for the State of Washington, duly commissioned and sworn personally appeared and to meknown to be/the Mayor and City Clerk of the City of Renton, the municipal corporation that executed the foregoing instrument and acknowledged 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 are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporvtion. WITNESS my hand and official seal affixed hereto the day and year first above -written. • ._---•---, • • 41-4 • 'Notary Public in and for the State of Washington, residing at Renton • • LEN1HAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 -3- • )/24/3o c 7 v 2-77-/:2-2l ASSIGNMENT OF ARMY CORPS OF ENGINEERS PERMIT ASSIGNOR, J. H. BAXTER & CO. , a California corporation, of San Mateo, California, in and for consideration of One Dollar 0$1. 00) and other good and valuable consideration, re- ceipt of which is hereby acknowledged, hereby assigns, trans- fers and warrants to the CITY OF RENTON, a municipal corpora- tion of the State of ';lashing ton, Assignee, all of its right , title and interest in that certain permit issued by the Army Corps of Engineers , on those certain waters of Lake Washington, State of Washington, described as follows : Lake Washingtonn front of Tract No. 1 and Block t'Eit and Block I1D11, Lake Washington Shorelands, as shown upon Sheet No. 2 , Cause No. 156371 in the Superior Court of King County, Washington, under cause known as Seattle Factory Sites Co. , et al, plain- tiffs v. Annie J. Adams, et al, defendants. Assignor agrees to comply with all reasonable requests of Assignee in obtaining extensions and/or modifications of said agreement. Assignee agrees to perform all covenants of the permit as if it were the original Permittee to the Permit. DATED at Renton, Washington, this ..`' day of January, 1970. J. H. BAXTER & CO. . t C _,.Ey e rz' , ___ -- resident = :; 7 By (tf_C-e- --/--- ii"''‘'""------- ----- ;,ecrete ry LENIHAN, IVERS, JENSEN & McATEER ATTORNEYS AT LAW - 1114 NORTON BUILDING SEATTLE, WASHINGTON 98104 -1- phi_"=_4,0'/ CITY OF RENTON Mayoy ATTEST: City Clerk, City of Renton STATE OF CALIFORNIA ) y� s s. County of Alin, plepa ) { ON THIS 2.0th day of ''. 7,,4/ _, 1970, before me, the undersigned , a Notary Publi in and for the State of California, duly commissioned and sworn, persr ally appeared ALFRED X. BAXTER and R. B. MO S SM\N, tb me known to be the President and Secretary respectively of J. H. Baxter & Co. , the corpor- ation -that executed the foregoing instrument and acknowledged 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 are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year first above written. A of ry Public in and for he State ( f alifornia , residing -at San Mateo STATE OF WASHINGTON ) ss. County of King ) ON THIS ,r day of :, ,4/h-� a' L� ' ,----1970, before me, the undersigned, a Notary Public' in and f� the State of Washington, duly comiiiissioned and sworn, personally appeared AVERY GARRETT and HEL1•IIE NELSON, to me known to be the Mayor and. City Clerk of the City of Renton, the municipal corporation that executed the foregoing instrument and acknowledged 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 are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year f:i_1st above ;;1vittc:n. Notary Public in and for the State of Washington, residing at Renton LENIHAN, IVERS, JENSEN & McATEER ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE, WASHINGTON 98104 -2- 0-4/4/7 G 6 02 3 g 7c2- doh icy 7 (rar P. a-/ ASSIGNMENT OF ARMY CORPS OF ENGINEERS PERMIT ASSIGNOR, J. H. BAXTER & CO. , a. California corporation, of San Mateo, California, in and for consideration of One Dollar ($1.00) and other good and valuable consideration, re- ceipt of which is hereby acknowledged, hereby assigns, trans- fers and warrants to the CITY OF RENTON, a municipal corpora- tion of the State of Washington, Assignee, all of its right, title and interest in that certain permit issued by the Army Corps of Engineers, on those certain waters of Lake Washington, State of Washington, described as follows: Lake Washington in front of Tract No. 1 and Block 11E11 and Block 11DU, Lake Washington Shorelands, as shown upon Sheet No. 2, Cause No. 156371 in the Superior Court .of King County, Washington, under cause known as Seattle Factory Sites Co. , et al, plain- tiffs v. Annie J. Adams, et al, defendants. Assignor agrees to comply with all reasonable requests of Assignee in obtaining extensions and/or modifications of said agreement. Assignee agrees to perform all covenants of the permit as if it were the original Permittee to the Permit. DATED at Renton, Washington, this - -- day of January, 1970. J. H. BAXTER & CO. , . C By resident By � l/ecretary LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 -1- 1 CITY OF RENTON Mayor ATTEST: / / 6-f City Clerk, City of Renton STATE OF CALIFORNIA ) County of Jain, 4A ) ss. ON THIS 20 day of s, 1970, before me the undersigned, a Notary Publi in an for the State of California, duly commissioned and sworn pers ally appeared ALFRED X. BAXTER and R. B. MOSSMAN, t me known to be the President and Secretary respectively of J. H. Baxter & Co. ehe ation that executed the foregoing instrument iand acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and es therein and on oath stated that they are authorized sto execute thetsaida, instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year first above written. of ry Public i and for the State f California, residing at San Mateo STATE OF WASHINGTON ) County of King ) ss. ON THIS „eee-`"/'.day of -a.kee ,t: .r 70, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared AVERY GARRET' and HELMIE NELSON, to me known to be the Mayor ano City Clerk of the City of Renton, the municipal corporation that executed the foregoing instrument and acknowledged 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 are authorized to execute the said instrument and that t '1e seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year first above written. f fir_ d_ 4:.Notary Public in and for the State LENIHAN effieselsington, residing at Renton ATTORNEYS AT LAW 1114 NORTON BUILDING BEATTLE,WASHINGTON 98104 a , ASSIGNMENT OF HARBOR AREA LEASE (FRESH WATER) AND ASSIGNEE'S AGREEMENT TO PERFORM ASSIGNOR, J. H. BAXTER & CO. s : a California • corporation, of San Mateo, California, in and for considera- tion of Ten Dollars (410.00) , And other good and valuable con.cideration, receipt of which is acknowledged, hereby as- signs, transfers end warrants to th- CITY OF RENTON, a municipal corporation of the State of Washington, Assignee, all of its right, title and interest in the leased premises . on those certain Lake Washington harbor areas described as follows: Harbor area in front of Tract No. 1 and Block "E" and Block "D", Lake Washington Sboralands a as shown upon Sh_,et No. 2, Cause No. 156371 in the Superior Court for King County, Washington, under cause known as Seattle Factory Sites Co. , et al, plaintiffs v. Annie J. Adams, et al, defendants, the lease of which was executed on June I, 1942, by and be- tween Thee Port of Seattle and Puget Timber Co. , which has subsequently been merged into J. H. Baxter & Co. , .. as Less"a. Assignor agrees to comply with all reasonable requests of Assignee in obtaining extensions and/or modifi- cations of said lease. LENIHAN & IVERS ATTORNEYS AT LAW 1Ii4 NORTON BUILDING SEATTLE,WASHINGTON 98104 Assignee agrees to perform all covenants of the lease as if it were the original Lessee to the lease. DATE? at Renton, Washington, this v day of J. H. BAXTER & CO. , By • rt By Secretary CITY OF RENTON !) By f ( Z. Mayo ATTEST: `, , • City Clerk, City of Renton STATE OF CALIFORNIA ) �'— ) es. County of An, I//a,O ) ON THIS 2014 day of,] , .' '1' , before me, the undersigned, a Notary Public i and r the State of California, duly commissioned and sworn, p sone y appeared ALFRED X. BAXTER and R. B. MOSSNAN, to me known to be the President and Secretary respectively of J. H. Baxter & Co. , . 0 the corporation that executed the for-going instrument and eekno, lodged the said in- strument to be the free and voluntary act and deed of said cor- poration, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute thv said in =tru. went and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year first above written. • t y Public in and for, a State % f alifornia, residing( t San Mateo LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 -2- STATE OF WASHINGTON ) ) ss. County of King ) ON THIS ;.� day of , 1969, before me, the undersigned, a Notary Public in aiid far the State of Washington, d commissioned and swo n,, personally appeared /j c Z C 4 e4 =/f - 2`1:7` _... and Aci' C x 1 c c` . /.L i Z a c to me kpbwn to be the 1ayor and City Clerk of the City of Renton, the municipal corporation that executed the foregoing instrument and acknowledged 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 are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year first above written, 'r �, - . Notary Public in and for the State of Washington, residing at Seattle • LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 -3 ASSIGNMENT OF PERMIT FROM THE NORTHERN PACIFIC RAILROAD FOR CROSSING ASSIGNOR, J. H. BAXTER & CO. , a California corpor- ation, of San Mateo, California, in and for consideration of One Dollar (01. 00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby assigns, transfers and warrants to the CITY OF RENTON, a municipal cor- poration of the State of Washington, Assignee, all of its right, title and interest in that certain permit from the Northern Pacific Railroad for access, ingress and egress to those certain real properties described as follows : Parcel "A" : That portion of Government Lot 1, Section 6, Town- ship 23 North, Range 5 East, W.M. , in King County, Washington, lying Westerly of the Northern Pacific Railway Company right of way, together with second class shorelands in front thereof as said shore lands were defined by decree entered in King County Superior Court Cause No. 156371. Parcel "B": Block E, Lake Washington Shore Lands Section No. 2, in King County, Washington, EXCEPT the Southeasterly 75 feet thereof. Parcel f1C11: Block D and the Southeasterly 75 feet of Block E, Lake Washington Shore Lands Section No. 2 in King County, Washington. TOGETHER WITH second class shorelands adjoining all of the above parcels. Situate in Renton, King County, Washington. Assignor agrees to comply with all reasonable requests of Assignee in obtaining extensions and/or modifications of said permit. LENIHAN, IVERS, JENSEN & McATEER ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE, WASHINGTON 98104 -1- Assignee agrees to perform all covenants of the permit as if it were the original Permittee o the Permit. DATED at Renton, Washington, this 0--day of January, 1970. J. H. BAXTER & CO. r\ k By - c-&L',.(1''j1 . .((P -esident \l \ - Secretary CITY OF RENTON By_ Mayo ATTEST': City 'Clerk, City of Renton STATE OF CALIFORNIA ) County of 2 ''a ) ss. ON THIS 2.0 day of January, 1970, before me, the undersigned, a Notary Public in and for the State of Calif- ornia, duly commissioned and sworn, personally appeared ALFRED X. BAXTER and R. B. MOSSMAN, to me known to be the President and Secretary respectively of J.H. Baxter & Co. , the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and volun- tary act and deed of said corporation, for the uses and pur- poses therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year first above written. \ .2- , d . of y4nt4dfoheState f1 - alifornia , residing at San Mateo LENIHAN, IVERS. JENSEN & McATEER ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE, V SHINGTON 98104 STATE OF WASHINGTON ) ) ss. County of King ) ON THIS a1 day of , 1970, before me, the undersigned, a Nota y Public in and for the State of Washington, ,duly commissioned and sworn, personally appeared and A -L _ %��� to me known to Se the Mayor and City Clerk of the City of Renton, the municipal corporation that executed the foregoing instrument and acknowledged 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 are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year first above written.. ✓L«G� Notary Public in and for the State of Washington, residing at Renton LENIHAN, IVERS, JENSEN & MCATEER ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE, WASHINGTON 98104 -3- is ,t VOL 297 r' ?15 '75 'SX _ ASSIGNMENT OF HARBOR AREA LEASE (FRESH WATER) AND ASSIGNEE'S AGREEMENT TO PERFORM ASSIGNOR, Jo H. BAXTER & CO. , a California N corporation, of San Mateo, California, in and for con_sidera- tion of Ten Dollars ($10.00} , and other good and valuable consideration, receipt of which is acknowledged, hereby as- signs , transfers and warrants to the CITY OF RENTON, a municipal corporation of the State of Washington, Assignee, all of its right, title and interest in the leased premises on those certain Lake Washington harbor areas described as follows : Harbor area in front of Tract No. 1 and Block "E" and Block "D", Lake Washington Shorelands, as shown upon Sheet No. 2, Cause No. 156371 in the Superior Court for King County, Washington, under cause known as Seattle Factory Sites Co. , et al, plaintiffs v. Annie J. Adams, et al, defendants, the lease of which was executed on June 1, 1942, by and be- tween The Port of Seattle and Puget Timber Co. , which has subsequently been merged into J. H. Baxter & Co. • , as Lessee. Assignor agrees to comply with all reasonable requests of Assignee in obtaining extensions and/or modifi- cations of said lease. LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE.WASHINGTON 98104 -1- Assignee agrees to perform all covenants of the I lease as if it were the original Lessee to the lease. 1 4e DATED at Renton, Washington, this "' day of 70. CD Mire �i� . r- co J. H. BAXTER & CO. By _ l -- resident Secretary ' CITY OF RENTON By /r /2 giay ` 441------ ATTEST: c, Cy Clerk, City of Rentot / / 0a t- 41 STATE OF CALIFORNIA ) ryryy�� ) ss. County of 7//� ) 4 19P before me, the ON THIS 20- day of 1,- Iy: . undersigned, a Notary Public inland f r the State of California, duly commissioned and sworn, pe sona y appeared ALFRED X. BAXTER ,.. and R. B. rzossr�aN, to me known to be the President andSecretary respectively of J. H. Baxter & Co. . , the corporation that 141 executed the foregoing instrument and acknowledged the said in- strument to be the free and voluntary act and deed of said cor- " • � poration, for the uses and purposes therein mentioned, and on oath stated that they arA authorized to execute the said instru- r , ment and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the , •y day and year first above written. 4.7 ,;as of ry Public i and fo the State F- ' f alifornia, residin at San Mateo r Recorder's mote: ?lotaryts seal not affixed. LENIHAN & IVERS }t [ ATTORNEYS AT LAW ' t114 NORTON BUILDING SEATTLE.WrIINGTON 98104 1 _ - - - •vim �'J , 1Hl•C i�1 1 1 trF STATE OF WASHINGTON ) ) ss. ;:`: County of King /I P 2 1969, before ON THIS day of ,._ ins.-4 ',�✓ ) ,me, the undersigned Notary Public in ai=id for the State of .gip Washington , commissioned sioned and sworn personally appeared duly mLs 9 .,,�, ri �F e ,i r-n ,P "' ' :1--- and • •.4►r� ,,r-w. r.../Ir = to me krrwn to be the Mayor anu • it r Clerk of the City of ,-. ;r � Renton, the municipal corporation that executed the foregoing 14 instrument and acknowledged the said instrument to be the free , and voluntary act and deed of said corporation, for the uses 41 and purposes therein mentioned, and on oath stated that they are authorized to .execute the said instrument and that the seal affixed is the corporate seal of said corporation. =` WITNESS my hand and official seal affixed hereto , the day and year first above written.'AL , it fit-, o ,/° i.' Mary Pub11c ip and for the State :'..v ,af Washington, residing at Seattle A. ?r2corderls Note: votary's seal not affixed. rit r^ h L .i. ¢ , • ,,,V.`" 'f. r pyq..F:b' it 1 xi, .`i LENIHAN, IVERS. JENSEN & McATEER Filed for Recor -�t� z4 19�� .tr ATTORNEYS AT LAW 01 r' 1114 NORTON BUILDING Request of� pC�': , SEATTLE, WA NINGTON 98104 EDWARD J. LOGAN, 11.2.01-4 CONSENT TO ASSIGNMENT OF LEASE • The Port of Seattle, a Washington Municipal Corporation, hereby consents to the AssiZnment of Harbor Area Lease (Fresh Water) and As signeet s Agreement to.Perform in the form attached hereto as Exhibit A by J. H. Baxter and Co. , a California Corporation to the City of Renton, a Was'rin;ton Municipal Corporation. J,,,.,,, Under this Assignment datedYY:ti__t�f ; 5 9yy the City of Renton as Assignee agrees to perform all covenants of the Lease as if it were the original Lessee to the Lease. This Consent by the Port of Seattle is subject to General Casualty Company of America, as surety on Lease Bond No. 59654, also consenting, to the change of Lessee. IN WITNESS WHEREOF, the Po:-: of Seattle has signed this Consent as of January 27 , 9?C. ATTEST: PORT OF S AT • BY: ,4/ %7: i%; / BY: I' s (Sec-1 etary ,r Its President 6. (CORPORATE SEAL) • • l -1- • • -- STATE OF WASHINGTON ) ) ss • COUNTY OF KING ) On this 27th day of January :9 70 , • before me, the undersigned notary public in and for the State of 'Washington, duly commissioner; and sworn, personally appeared Frank R. Kitchell and J. Knot Woodruff , • • to me known to be the Pre sident and Secretary, respectively, of the. Fort Commission of the PORT OF S . TT �, +�-�, a municipal CO:pOra- tion, the corporation that executed the foregoing instrti..:,er.t, and acknowledged said instrument to be the free an ry V V.�V,1ta act and deed of Said corporation, for the uses and purposes therein mentioned, and on oath stated that.':hey were duly authorized to e::ecute the same ' seal and that the S a affixed is the corporate seal of said Corporation, IN WITNESS WHEREOF-�-, WHEREOF _ have hereunto set my .and and official seal the day and year in this certificate first above written. • • .Votary P uc'is in and for the :,;:ate of Washington, residing at Seattle. • • • • -2- ‘6 6 2 36v 7 a • • ASSIGNMBIT OF HARBOR AREA LEASE (FRESH WATER) AND ASSIGNEE°S AGREEMENT TO PERFORM ASSIGNOR, J. H. BAXTER & CO., a California - corporation, of San Mateo, California, in and for considera- tion of Ten Dollars ($10.00) , and other good and valuable cor -ideration, receipt of which is acknowledged, hereby as- signs,, transfers and warrants to the CITY OF RENTON, a municipal corporation of the State of Washington, Assignee, all of its right, title and interest in the leased premises on those certain Lake Washington harbor areas described as f.allows .Harbor area in front of Tract No. 1 and Bloc' "E" and Block "D", Lake Washington Shorelands, as shown upon Sheet No. 2, Cause No. 136371 in the Superior Court for King County, Washington, under cause Down as Seattle Factory Sites Co. , et al, plaintiffs v. Annie J. Adams, et al, defendants, the lease of which was executed on June 1, 1942, by and be- tween The Port of Seattle and Puget Timb=r Co. , which has subsequently been merged into J. H. Baxter & Co. , as Lessee. Assignor agrees to comply with all reasonable requests of Assignee in obtaining extensions and/or modifi- cations of said lease. LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 • Assignee agrees to perform all covenants of the lease as if it were the original Lessee to the lease. rW DATED at Renton, Washington, this day of J. R. BAXTER & CO. , . . By 'K,S.) t Pxk-dt By ( .>r; Secretary CITY OF RENTON By ' V242Ci r. Ipiesowasir Mayo ATTEST City Clerk, City og Renton STATE OF CALIFORNIA ) County of ,€ei , I//a- ) ss• ON THIS 2.0 day of ' , l' =1,, before me, the undersigned, a Notary Public i and r the State of California, duly Commissioned and sworn, p sons y appeared ALFRED X. BAXTER and R. B. MOSSMAN, to me known to be the Pr ,sident and Secretary respectively of J. H. Baxter & Co. , . , the corporation that executed the foregoing instrument and acknowledged the said in- strument to be the free and voluntary act and deed of said cor- poration, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute. the said instru- - ment and that the seal affixed its the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the • day and year first above written. t , y Public in and for,- a State f slifornia, residing ( t San Metes LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 w2r STATE OF WASHINGTON ) ) ss. County of King - ) oe ON THIS -day of = Gi ti «<t i r/ , 1969, before me, the undersigned, a Notary Public in addfor the State of Washington, duI commissioned and sworn... personally appeared zl 4 i w 4 (, 1 z- ------- and �/!,e / ac (. C'' . //I <h. zfi to me k wn to be the ayor and City Clerk of the City of Renton, the municipalcorporation that executed the foregoing instrument and acknowledged 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 are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed hereto the day and year first above written. Notary Public in and for the State of Washington, residing at Seattle • • • LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 _3- • SHELLAN, PAIN,STONE & SWANSON ARTHUR L.HAUOAN (1903.1966) ATTORNEYS AT LAW 'TELEPHONES • ,OERARD M.SHCLLAN 100 SOUTH SECOND STREET SUILDINO • ALPINC 5-8678 JOHN•If.PAIN,JR. - ALIINE 5-8679 S TANLEY E.STONE - POST OFFICE SOX 626 ARTHUR D.SWANSON RENTON,WASHINGTON D8OSS AL•IN[ 5.4144 December 22 , 1969 Mr. James C. Hanken Attorney at Law 1114 Norton Building Seattle, Washington 98104 Dear Jim: Thank you for your letter of December 18 , 1969 together with enclosures. Your Statutory Warranty Deed form is in order except we would like you to show a monetary consideration such as "ten dollars and other good and valuable consideration. ". . We must also insist that the covenant required by HUD should be as stated in our - letter of. December 11, 1969 and cannot be reworded. I have asked our Park Superintendent to secure a check payable to the grantor in the sum of $382 ,500 . 00 which will constitute the balance of the purchase price in full after deducting the earnest money payment and the $7 , 500. 00 to be placed in the suspense account. I shall also ask ,our City Treasurer to make out a separate check for the $7 , 500. 00 payable jointly to the City and the grantor and this money, pursuant to our earnest money agreement, to be held in a suspense account by the Prudential Mutual Savings Bank until the matter with the railroad access has been determined. We assume, of course, that you will secure in a timely fashion the assignment of the harbor lease. If there is any delay, let us know. We also assume that the Friends of Youth easement has been vacated of record so that the title company can pick it up when the policy is issued . Your proposal to close on January 5 , 1970 is fine with me. Why don't we meet in our office on that date and you can deliver the necessary documents to us and we in turn will then hand you the City' s check. Please ask the Port of Seattle ' s attorney to expedite the matter so that the assignment can likewise be placed on record , along with the deed. Would you open the account at the Prudential • Mutual Savings Bank and forward the necessary cards to us which should specify that any withdrawal requires the signature, of both parties, namely grantor and grantee, or their designated representatives . • I • ' Mr. James C. Hanken • December 22 , 1969 Page Two Iflthere is anything further to be done , please let me know right away. Incidentally, , as suggested in my letter of December 11, 1969 , we must have an assignment of the existing permit from the railroad which you can either add to the deed or by a single 1 separate document. . I We remain Yours very truly, SHELLAN, PAIN, STONE & SWANSON • Gerard M. Shellan GMS:bji • bcc: Gene Coulon Louie Barei Helmie Nelson Dorothea Gossett Mayor President of Council Dear Gene : We trust that you agree with the above information and we would suggest that you secure the two checks mentioned therein and deliver same to our office prior to January 5 , 1970. Please look at the Earnest Money Agreement which provides for the suspense account to cover the $7 ,500 for acquisition of a- permanent railroad easement. ' As soon as the matter has been closed we shall place the deed of record. It is extremely vital and imperative for the Engineering Department and your office to determine the desired location for the City' s easement over. the railroad tracks so that one more effort can be made to negotiate with the railroad on this point. If not, we may have no choice but to condemn such right of way. We believe that time is of the essence in securing such easement, but before I make a final offer -to the railroad, you folks will have to determine , from an engineering and traffic standpoint, which location would be most desirable and safe Please let me know whether anything else, besides the matter mentioned above , remains to be done prior to closing. G.M.S. RECREATION DEPARTMENT RENTON, WASHINGTON Date Dec. 23, 1969 TO: ' . Del Bennett FROM: Gene Coulon �O✓� "j SUBJECT: Railroad easement PCL You will recall that some back I sent a memo to you concerning a permanent access easement in favor of the City of Renton over the Northern Pacific Railroad right of way to the Baxter property. Jerry Shellan, in a communication to me dated December 22, has again asked that a location for the access easement be . determined so that the City can attempt to negotiate this with the railroad company If this, cannot be done, it may mean condemnation. I believe our previous discussions indicated that we need . . a 60i ease ment, t, su ch h as we have e at our present ent waterfront f ront property, also a legal description and plan showing loca- tion of said easement. Jerry has pointed out that time is of the essence, so your efforts to expedite this will certainly be appreciated. cc: Louis Barei Helmie Nel son✓ Dorothea Gossett Mayor . . . President of the Council City Attorney �, City Engine er rr; • o i u, RKS Si- RECREATION DEPARTMENT•REN7`ON,NVASI-IING TON . 7;2. EIil. . 98055 RENTON<"WASHINGTON • ALPINE 5.3464.' ' o CITY HALL ART CAPITAL OF. December Mr Gerard M. Shellan _P.O. Box 626 Renton, Washington Re: J. H. Baxter property Dear Jerry: This is to inform you that Mr. Shuey, of the Baxter Company, and I have reviewed on sitethe the ,'_' question of removing the piling. Mr. Shuey and I have agreed that the piling which _ is adjacent to the existing bulkhead, and helping, retain same, should be saved. In addition, piling which formed the foundation for the peeler adjacent , .a;` ;' operation and dja nt: to the bulkhead should also remain.' All of the remaining piling should be removed by • , pulling or, if cut, cut at the mud line. Sincerel 41 Gene L. Coulon Director = Approved: "_ Dale Shuey, or the J. H. Baxter Company cc: Mayor Council Pres' ent City Clerk • OFFICE OF TIIE CITY ATTORNEY • RENTON,WASHIN GTON POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY December 5 , 1969 dy,/ 4 442 Ler:ihan, avers , Jensen & HcAteer Attorneys ' a t LawC 11144 l oz'ton Building Seattle , Washington 9S 1O4 Attention: t'!r. James C. iIanken Re : City of Renton - Baxter Dear Jim: I understand that r` %?u ti} ` 17,repyment z.ac been reached between our Park Super'`.nten;'rent anc! i`a '. Shu y of the Baxter Company rec rdiris'; the rE'P.lo,Yal of' the logs However, the City is not in a position to e,vant. your client anv lease afte the .initi%1. `- 3? morith e s r:eri o('1 has expire but would/ ar.eeab l 3, at th time , to consider a continua- tion on a month to month bass, based on ;i rnasonable rental. We cannot make any other arx'.3nm emen t because of u•Q T tl . i v,r r i. 9 .� T ': which j��>, ].hl� C71?If.L"t::.�73'ivf a..aic; p?�;u siiiC1Z�S.:i.t ccf;�;;T'lc.,�j n5 is n rtio .P-."tin^. in the fun.c3in;* of this acquisition. r'lee,se let tir:e know whether the vacation of the. aaserient i n a , r ^ ,-1 z., of rr t 'n. -1� �n e., a n t q.1 e been :l"` i.!l r:'F t�eLE?T' CJ�� r'z� 'LT? '.t>- .,n place on record so that we can: provide f' a "t:t 2?`::.?y closing d,i to pursuant to _'.-; ter r.3 .)1- t 2 1_erne5't '':P'i'?'✓' Agreeiien4 and o;ir prior co1'r'a.-3i'o:_•f ence. shall therefor:: `rerai; to hex":.' f';:G ;o:I :3 soon as possible. We rema n City Ar tern°: .7 CMS :nr be: Mayor Council President Gene Co p YHwl3nie • fi . • • ..- •- • 1. fl"--;$' 1. 1 . • / �yiZ��' 1 . W. Gerard Pt. Stollen ' , • 1 ' P.O. � 626 ; . • Renton, Washington Die 4. H. Baxter property • . Wining the lease request by the Baxter Company for ' shag. of logs, it had been indicated me some time ' ago there could be objections from the funding agency.. • • • In any event, the hark Board is not in favor of grant. • . ". ing a lease hut would consider at that time a rental . • . - on a month•to-month 'basis with th a 3tday cancellation . - . r . by ei tt+ar party. Sincerely,, • e .I. Coulon _ Director cas Mayor . Council Pre• si . - City Clerk ,/ � ' . . . . , .. , ,. .. , . . . •. „ . . • .OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON • 'POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 „. ,,• . . GERARD I . SHELLAN, CITY ATTORNEY . .• .. • ; . . . . . -. • , •..,. , JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY • • • • . . . , • . November 7, 1969 . . . . , . ' . . . . . .. . . . . • . .. • Lenihan, lvera, Jensen & McAteer Attorneys at Law . . 1114 Norton Building .- Seattle, Washington . . . .. , Attention: Mr. James C. Hankers . . . . i . . Re : City of Renton - Purchase of J. H. Baxter Property,. Kennydale . . bear' Jim: - . . • This is to further supplement our letter to you dated ' ' • • November 2., 1969. We are enclosing the oriRinal of the Earnest Money Agreement duly execute by the City officals ' together with City of Renton Warrant No. 4661 in the sum .. of $10,000.00 payable to the Seller and yourself as its . • . attorney. It is understood, of course , that we will resolve the various matters contained in our letter of . . • . November 2 and in particular a mutually satisfactory agreement for the removal of the piling. . . _ . If you have any questions or any problems should .arise as to any matters specified in our communication, please : let Us know immediately. You are, of course, also authorized to insert "Transimerica Title Insurance Company" in the second . . . full:paragraph on page 2 ' of the Earnest Honey Agreementi,. ' . . . We presume that you will secure -the "vacation of easement" ' - • • agreement from the Friends of Youth , Inc. and advise our office of the recordin7 data. . , . We remain • ' ' . . Yours very truly, . .• . . . . . . • , - Gerard N. Shellan City Attorney • . . GMS:nd be: Gene Coulr% Ci'graNe INIMMP . . Mayor Chip:kw/ Pro ty Committee . • Council A: nen 1 . • , : . , . . , . • • . • t O� � • ?> iNs,::% U i0 �; OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON htl. POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GERARD M. SHELLAN, CITY ATTORNEY sAORT CAPITP-(3. JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY November 0 , 1969 % — 1--"` P ) • Mrs . Helmie Nelson, City Clerk City Hall Renton, Washington Re : J. H. Baxter Co. property purchase Dear Helmie : C. /7- fS—6 - We are enclosing herewith, for your records , a photostatic copy of the Earnest Money Agreement in the abovecaptioned case which the City has executed under date of November 6 , 1969 . We have heretofore forwarded to you copies of our cover letters to Baxter' s attorneys regarding some additional adjustments and modifications which should be self-explanatory. We shall let you know as soon as this matter is ready for closing, at which time the balance of the purchase price , less the withheld funds , will have to be made available by the City. --_ We remain Very truly yours , Gerard M. Sheilah GMS :ds Enc. cc : Mayor Pres . Council Chrm Prgmrty Com. Q / t• rL ti !- — li1� M • I • `fts N r• :A { 4t y:�v {'!` - : � is (''% 1' ' lei:''iT ¢: �ER 31 .... MEMO , ;- November•` ', , ,, 1969 ' : Ef,;i'-,;:TG:' 'Helmie Nelson Cit i Clerk Cityof Renton '2 ,f-> k ; Sp is -G. L." Coulon ' s:,. '.3 __,• ;. .Parks and Recreation' . s:-• . Director :3' e Acquisition - J. H'. Baxter Co I :r:4,.- • ...''••,,•:'. ,' Please issue a voucher .for, payment of Earnest Money Agreement in the:'amount of $10;000. '.'.'. from the Lake Viashi ngton Beach Forward Thrust, Account 2100-601 . `1 ' i It c '4 : r" G. L. Coulon "" • •P,�T • Pioneer National Title Insurance Company WASHINGTON LAND TITLE ASSOCIATION 1 V PRELIMINARY COMMITMENT FOR • i;,.: WASHINGTON TITLE DIVISION x t` if)@i41*.A4Tri@ ?CE TITLE INSURANCE CO '719 SECOND AVENUE • SEATTLE.WASHINGTON 98104 • TELEPHONE 682 8600 CERTIFICATE NUMBER " B-874482 , UNIT " 21 R. LYMAN HOUK CITY OF RENTON ENGINEER ' S OFFICE • CITY HALL 200 MILL AVENUE SOUTH RENTON , WASHINGTON . ATTENTION " R. LYMAN HOUK RE" PUGET TIMBER COMPANY . • GENTLEMEN " FOR THE PURPOSE OF DETERMINATION OF NECESSARY PARTIES DEFENDANT IN A SUIT TO CONDEMN THE FOLLOWING DESCRIBED PROPERTY , THIS COMPANY CERTIFIES FROM A SEARCH OF THE RECORDS WITH RESPECT TO SAID PROPERTY AS FOLLOWS ' RECORD OWNERS' • J. H. BAXTER & CO. . A CALIFORNIA CORPORATION. FORMERLY PUGET . . TIMBER COMPANY , A WASHINGTON CORPORATION Y. . PROPERTY' . PARCEL AS THAT PORTION OF GOVERNMENT LOT 1 . SECTION 6 TOWNSHIP '1 . . ' 23 NORTH, RANGE 5 EAST , W.M. . IN KING COUNTY, WASHINGTON, LYING WESTERLY.,OF THE NORTHERN PACIFIC RAILWAY COMPANY. RIGHT OF WAY' • TOGETHER WITH SECOND CLASS SHORELANDS IN FRONT THEREOF AS SAID SHORELANDS WERE DEFINED BY DECREE ENTERED' IN KING COUNTY SUPERIOR . a COURT CAUSE N0. 156371 , EXCEPT THAT PORTION THEREOF LYING WITHIN . BLOCK "E" OF LAKE WASHINGTON SHORE• LANDS9 ' • PARCEL B ' • BLOCK "E" , LAKE WASHINGTON - SHORE- LANDS, IN KING. COUNTY . WASHINGTON EXCEPT THE SOUTHEASTERLY 75 FEET THEREOF. , . PARCEL C" BLOCK "D" AND THE SOUTHEASTERLY 75 FEET OF BLOCK . "E" . LAKE WASHINGTON SHORE LANDS, IN KING COUNTY, WASHINGTON: - ' ENCUMBRANCES* • . - ii . r ,:. - - - ' t B. 874482 PAGE. 1 . :' "' -• '; - . LENI1HAN. IVERS, JENSEN St MCATEER .• • ,, j ATTORNEYS AT LAW : °'-?' -'• I ^,' A 7 1114 NORTON 19UILDINC�} i. ;ItMMSTT :L4aNINAN •, •- P,1 miaow 7.ryER$ • - 'i ``U050+1 e.1v6Ra • 8EAT TLE 86104 . . , • , .:,CAi1E,RJOSEN'' • .. . • 624-42I2 ' - .. M/t1.L(AM t LENINAN' • ' jNOI•r HAN iR' • • " October 30 1969 , . e``,ji-,: 4 ,'JAME1 C,HANKEN . • :,,j .Stic�.lsn; Paine y ° ,% r; Shone & Swanson , -'100.'Second Avenue Building i.01 " '' 8055 -•':•::,''Renton,,.' Washington \ 9 " ' Attention: M -. Gerard Shellan . {\ :; 'r,: i'ti„ • H. Bax • ter Re: City .of, Renton Purchase of J. 'i 't;. :;'. r,;..: Property' Located in Kenneydale > `t.' ',.a: ;Dee. Gerry: • . ;.,,�(- ;, ; ; Enclosed please find. an executed ' earnest money agreement by , • F:• ,. ,, '' 1 ; ,the officers of 'J. R. Baxter. . This enclosed earnest money ? .g.:: .!,'# "r• ' greement includes en. earnest money in the sum of $10,000. ''' t1':,+A' ''a' ©u'ri.11-note: that the earnest money agreement is a modified` '' y , version-- of• the original agreement, which, in turn, was modi- , ..,. `'"',,;,,'',,- ie•d..by' the officials at Baxter through several telephone • i' ,, '' +t-'a°','conversations- with the 'undersigned. The deletions indicate ` "'°" '`'f ` ome• of ;the problem areas that are concerning Baxter. • �,,. •:.:fry,. .. , '•..•, .' '. " -.;,,:�" ') The.,'£tem''relattve , to removal of piling is the expense factor �''"',,, y;,' that must be resolved, and I' believe can be taken care of in -,:!- "':::! . 1 � I have referred this to Dale '��' �i�,•: y � • �:<- the escrow instructions stage. �,�` �: :' �: =a_.;.a'Shuey ':Plant Manager ,of J. H. Baxter, to directly consult ,,with . : :`S°"'` .i�`w !,„,"A".;t. Park':Director, .. -I, hope a fruitful meeting will result,. - "'1' ''.'`' `"�11':'I 'am. ordering the 'necessary title insurance from TransAmerica i. +q�.,i.'.: ""'t, suant to. our .telephone conversation. `{ "�sT'� '_`'''' - I`f 'you ha• ve any difficulties, please feel free to contact the . '-. ;^: -. ',"ti:'''',.' undersigned. • If any additional' details or information can be ' ';' ,. ''' -.,.: rovided, I: shall be happy to do so.- . ' . ,s`_. ,. • • Very truly yours • . :5. '..,.2' ','. ' • • LENI1AN, IVERS, JENSEN & McATEER "JCH/min " . ' ' BYE--467 , .,¢,a C' ' A . • ... „ _ : oMES C. HA . Y, r ?,,,„ ,:cc Dean. Brokaw ' :::'',z Dale Shuey ,jt ;• .r ' Bob. Johnson , • ; •• .. • Al Baxter • : Renton, Washington October 8, 1969 EARNEST MONEY AGREEriENT J �,�c:"e- RECEIVED from CITY OF RENTON, a municipa .corporatio whereinafter called, 11P r aser" , the sum of THOUSAND S -� -( -X4` --, DOLLARS and no/100 ($lrf,bcO , in the form of a check for Rooc, $- ,090-i paid or delivered to James C. Hanken as earnest ci\ !I money, in part payment of the purchase price of the fol- lowing described real estate in the City of Renton, County of King, Washington, being known as the J. H. Baxter Kenneydale Log Boom property, legally described as follows : Parcel '''A": That portion of Government Lot 1, Section 6 , Township 23 N. , Range 5 B. , W.M. , in King County, Washington, lying westerly of the Northern Pacific Railway Company right of way, together with second class shore lands in front thereof as said shore lands were defined by decree entered in King County Superior Court Cause #156371. Parcel "B" • Block E, Lake Washington Shore Lands in King County, Washington, except the southeasterly 75 ' thereof. Parcel "C" : Block and the southeasterly 75' of Block B, Lake Washington Shore Lands in King County, Washington, together with second class shore lands adjoining all of the above parcels. 4` ooc' _-fir' The total purchase price is to be $400,000, O of ,t,. / which is acknowledged as received above, and the remaining � $3e , ,000 to be payable in cash on closing, deducting, how- ` � ever, $1, 500, as a holdback to eliminate a certain easement 6 over a portion of the real estate described above, held in /` title by the Friends of Youth, Inc. , a Washington corpora- tion, and $7,500 to be deposited in the Prudential Mutual Savings Bank in a suspense trust account, requiring the approval of both parties for withdrawals, the purpose of such suspense trust account to make payment to the Northern ;; Pacific Railroad for an easement to provide access, ingress and egress to the subject property, in addition to the exist- ing permit for access already granted . The title of the Seller is to be free of encumbrances or defects, except as to the Friends of Youth easement de- scribed as : LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 -1- an easement upon and over the shorelines of, in front of, and adjacent to Lot 42, Eldon Acres, for the purposes of erecting and maintaining a wharf and boathouse thereon, together with right of way for ingress and egress to the same, granted by instrument recorded in Book 26 , 1926, under Auditor' s File No. 2174619 . Rights reserved in Federal patents or State deeds, build- ings or use restrictions, general to the district, and build- ings or zoning regulations or provisions shall not be deemed encumbrances or defects. The encumbrance held by Friends of Youth, Inc. , may be discharged from the purchase money at the date of closing to the extent of $1,500. The form of dis- charging easement shall be by vacation of easement form attached hereto as Exhibit "A", and by this reference incor- porated herein as if set forth in full. Seller shall make available to purchaser at office of Gerard Shellan as soon as procurable, a standard form pur- ,, chaser' s policy of title insurance or report preliminary thereto issued by and Seller authorizes James C. Hanken to apply at once for such title insurance. The title policy to be issued shall contain no exceptions other than those provided for in said standard form, plus encumbrances or defects noted above. Delivery of such policy or title report to Gerard Shellan shall constitute delivery to Purchaser. If title is not so insurable as above provided and cannot be made so insurable by termination date set forth herein, earnest money shall be refunded and all rights of Purchaser terminated. Provided that purchaser may waive defects and elect to purchase. If title is so insurable and purchaser fails or refuses to com- plete purchase, the earnest money shall be forfeited as liquidated damages unless seller elects to enforce this agreement. Title shall be conveyed by statutory warranty deed free from encumbrances or defects, except as stated above. All 1969 real estate taxes shall be paid by J. H. Baxter & Co. Assessments due and payable for the current year shall also be paid by J. H. Baxter & Co. Purchaser shall be en- titled to e p+,, session on closing. However, the 3. H. Baxter & ;4 1 i�' Co. , within-'' s trays after closing, shall remove improvements -)trj (,:e, debris and obstructions within or adjoining subject property, r---- - ) C ' which time may be extended by mutual agreement. "' -: L -by-either pu1iing•pilings --from-t- - areas_. „ '',N, or }may- - • g i i s`uff-at- ,the nudelevel _o.f--the--prop- tt)'5;;& c fh The form of removal of debris and improvements is an ..& ,• electiona to be made by J. H. Baxter & Co. yy ��? LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 -2- Seller shall assign unto the City, upon approval of the Port of Seattle, the existing lease agreement with the Port of Seattle pertaining to the harbor area between the inner and outer harbor line adjoining the subject premises , and the Seller further agrees to assist Purchaser in securing any extension of said lease agreement with the Port of Seattle. Seller is to furnish to Purchaser at or prior to the time of closing, a complete survey of the subject property. Seller is to furnish Purchaser $7, 500, as hereinafter described , to be applied to obtaining a 60 foot permanent easement of access, ingress, and egress over, across and onto the existing railroad tracks owned by the Northern Pacific Railway Co. , at or near the subject property, or such other locations as the parties may hereinafter agree. Seller is to allow a $7,500 holdback from the purchase price to be deposited in the Prudential Mutual Savings Bank in a joint account requiring signatures of both parties for with- drawals for the purpose of paying the fair market value of the easement as determined by negotiation or by condemnation. The maximum liability of the Seller is to the extent of $7,500, and should the' negotiations and/or award in condem- nation find that the fair market value of the easement is in excess of $7,500, the Purchaser shall make up the difference. If the negotiations or condemnation procedures allocate the fair market value of the necessary easement to be less than $7,500, the remaining balance shall be paid to the Seller. Tne City of Renton shall move with due deliberate speed to obtain this necessary easement. Seller offers to sell the property in its present con- dition on the terms noted. This offer is made subject to ?.4 , the approval of the Purchaser by Midnight, O1.LubeL 2 , 19 6,Fiz�, 0v5rfat e, , '.. The sale shall be closed jointly by Gerard Shellan and /6"'-'-t_ - James C. Hanken within two days after title insurance policy or report preliminary thereto is delivered, showing title '1 insurable, as above provided, but in any event, not later thaAa.0 days from the date of this agreement, which shall � � be the termination date. Purchaser and Seller will come on �() demand, deposit in escrow with the closing agent all instru- ments and monies necessary to complete the purchase in ac- cordance with this agreement; the cost of escrow shall be paid one half each by Seller antPuzchaser. CITY 0 ' RENTkNa, J. Ha B TER C Purchaser ,IJ i,7i4i .nj -�=; �t: ,c/ By 4,..;.-. N,.A — c.---k\Q- .....„_ tz,_ ,._ ,7--,,_e. - ,.. -...4- ..--,e ->;, ���� 4�"7,'4 �',‹=6:,_w_.'c 1 it--4 , 1= �:-tom Tr,v Seller LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 3 STATE OF WASHINGTON ) ) ss. County of King ON THIS 6th day of November 1969 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared D. yr. Custer nc3 -TeltoiQ Nelson , to me known to be the Mayoreax ... ltY flerk ___ of the City of Renton, the municipal corporation that executed the foregoing instrument and acknowledged 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 are authorized to execute the said instrument and that the seal af- fixed is the corporate seal 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 STATE OF CALIFORNIA ) ) ss. County of ) ON THIS 27th day of October , 1969 , before me, the undersigned, a Notary Public in and for the State of California, duly commissioned and sworn, personally appeared Alfred X. Baxter and R. B. Mossman to me known to be the President and Secretary respectively of J. H. Baxter & Co. , Inc. , the corporation that executed the foregoing instrument and acknow- ledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein men- tioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. / /% / i ,! J/ 'Not. ry Public in and for theState I( of ,,California, residing at /San Mateo LENIHAN & IVERS ATTORNEYS AT LAW 1114 NORTON BUILDING SEATTLE,WASHINGTON 98104 4- ti V O 00 OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON rn POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 9 a 3� GERARD M. SHELLAN, CITY ATTORNEY 9 4, CRT CAPITA-0� JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY November 2, 1969 CONFIDENTIAL j e'f on. Donald W. Custer, Mayor ,,,, j / '2��J City of Renton C� "" City Hall 4'41 Re Aton, Washington Mr. Gene Coulon, Director Parks and Recreation City Hall Renton,Washington Re : City of Renton - Purchase of J. H. Baxter Company, Kennydale Gentlemen: We have recei\ed on November 1,1969 , the enclosed original Earnest Money Agreement which is actually dated October` 8 , 1969 but was submitted to the undersigned by. the Seller's attorneys as per the enclosed letter of October 30 ,. 1969 . As you know, we have been working on this matter since early January, 1969, and had at one time reached oral agreement with the principals of J. H. Baxter Company on the sales price of the . property in the amount of $310 ,000 . 00 , cash. The City Council and the Park Board were kept current 'of our negotiations 'including the problem with the Northern Pacific Railroad Company for a permanent access across their Railroad tracks to the subject property. The Railroad then delayed us endlessly. for various reasons , some possibly justified others not. We then suggested to our principals 'involved, namely the Park Board and other City officials, that we reach agreement with the Baxter Company in writing and defer the matter of a permanent railroad crossing to later settlement. With that in mind, I then forwarded a proposed Earnest Money Agreement, in writing, to the Baxter Company for . the above stated amount in the hope that it would be acceptable. We had previously, forwarded a copy of said Agreement to your offices. The Baxter Company then had a change of mind claiming that they had been advised by various parties, including neighbor- ing property owners , that they were selling too cheaply! They secured a new appraisal and said M.I .A. appraisal showed a valuation of $440, 000 . 00 . The City' s appraisal, at least one of them, was approximately $400 , 000. 00 . The undersigned then negotiated some more with the principals of the Baxter Company and although they frankly admitted a prior oral agreement with us, they justified the higher price on the ground that they apparently had been in error in the first Instance! . We. .'then tentatively agreed on a reduction of their demand price to $400, 000. 00. Thereupon and during the last few months,' I have been in constant contact with their attorney in the hope of getting this matter reduced to writing in order to. have 'a binding agreement 'once and for all. The enclosure is the result of our negotiations . It is now imperative that .the City act on this matter 'imme'd'iately in order to forestall any other changes: or increase 'in the. cost. I am requesting that the Engineering Department verify immediately thelegal description to be 'sure 'it is correct .in all respects and the Park Board should likewise check .over the remainder 'of the Earnest Money Agreement. There area few 'items that should be called to' your attention and which, in my opinion, will have to be modified. These' include the following: A. The easement to. the: Friends 'of Youth must be vacated and we understand that .there is. tentati.ve. 'agreement for. that .purpose'.' You will' note that the Seller is allowing $1500. 00 for that .purpose.: B . The Seller agrees to pay all of the :real estate taxes and other outstanding obligations for the: calendar year 196.9 .. Once this matter is consummated, the' 'City sh0u1d notify the 'County. Treasurer and Assessor offices 'of the change of ownership to. show :its. tax exempt .status hereafter. C. As per copy of Mr. Hanken t s. letter attached, the Park Board should attempt to reach immediate agreement regarding the removal of the piling. In that connection, please refer to' the copy of my letter, enclosed herewith, to Mr. Hanken to clarify that point. D. You will note that the Seller is allocating $7500. 00 for the :acquisition of the permanent easement from the Railroad. If the costs are in excess thereof, the City. will have to bear them. When .we had a meeting, with the Railroad officials' 'in our offices 'on May 14, the approil- mate. estimate given to us by them for the easement cost r ` • was •-around' $3600 .'00. so .we' :assume that the. amount. held back will be' 'sufficient .for. our .purposes: unless there is a change 'of plans.• I 'am personally :suggesting that . the matter be 'closed without delay and the matter of the Railroad crossing handled .sep.arately instead of delaying closing pf this transaction. As above. 'indicated, it is our-request,. if the. City. ,is. 'so. inclined to go along .with 'this proposition,. ,to:• execute. the' .ori.ginal pf this Agreearien.t and return to. us forthwith. : The .docuinerit .s.ho.uld be. signed by. the-Mayor and the City. Clerk.. We. '.assume,. af. that .sufficient funds •are on hand to pay the: total purchase price when due:' The 'City •Clerk _should secure a .ch.eck. 'in' t.h.e sum of $10',0.00. 00 made 'payable ..to: J. H. Baxter Company which: 'should likewise 'be' 'forwarded to. us'>f!rs.. transmittal. •ta .their .attorney. • If you have 'any further questions 'in this matter. please let us • know.: .� / t We remain Yours ve' '.y. tr.�u/yo .// r /j GerardI. City Attorney. • GMS:nd • Encl. _1 . LEN1HAN, !VERB, JENSEN Et MCATEER ATTORNEI'8 AT LAW .. :EMMETT O.LENIHAN 1114 NORTON BUILDING �;'}IENRY T.2WER3 ' 'JOSEPH S.IVERS SEATTLE 98104 • ' CARL P. 1EN9EN 624-4212 ,; r ''':WIL:LIAM F LENIHAN •. .. P ,;�j JAMES F.McATEER •���: (JAME9 C.HANKEN - October 30, 1969 .. ' r •.Shellan, Paine, _ Stone & Swanson P";a;;'1, : 1• ,00' :'Second Avenue. Building i;, J- „ `Renton, Washington 98055 `': ',3.i.2.:•'pig. "i I L. i : ` 'Attention -.'Mr. Gerard Shellan ;'. fi € -•• Re' City of. Renton Purchase of J. H. Baxter . • Y'` " Property Located in Kenneydale rk":i,i'.i: bear Gerry ir ir ' Enclosed . please find an executed earnest money agreement by ti the officers .of J. H4 , Baxter. This enclosed: earnest money . V4 '''' agreement includes, an earnest money in the sum of $3.0,000. .''1",, , ` You, will note that the earnest money agreement is a modified " ` ' version of the original agreement, which, in turn, was modi- ; . ,'- ± ,`'°y :fied :hy the. officials at Baxter through several telephone ' ' ` " ` conversations with the undersigned. The deletions indicate . `,'`' ,1,'';!,,;'r of the problem areas that are concerning, Baxter. E_ svi- , s; ':The item relative .to removal of piling is the expense factor : ` that must be resolved, and I believe can be ,taken .care of in'' i' , the escrow instructions stage. I have referred this to Dale ? Shuey, Plant Manager of J. H. Baxter, to directly consult with .',., _ the ParkDirector. 'I hope a fruitful meeting will result. r. I 'am ordering the necessary title insurance from TransAmerica ' Ti.tle pursuant to our telephone conversation. If you have any difficulties, please feel free to contact the undersigned, If any additional details or information can be • ' R provided, I shall be happy to do so. Very truly yours, x r • LENIHAN, IVERS, JENSEN & McATEER / JCH/mm BYE-- C" vl4,Le.,6C %°,z, MES C. HANN Encl. Y/1'A e e, - ~ cc : ' Dean Brokaw ' ', Dale Shuey Bob Johnson . - • , Al Baxter , i4',b:.y . ,�, • am , • - ,. ' i. --) ... ` �'°' �' ,g, OrFIC7E OF THE CITY ATTOIRNEY RENTON WASHINGTON :: i. ' �'' o;• ' POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 I,, , i` a 9 '', : GC:'dAtltp R9. SH LILAH,,C TY ATTORNEY r ' ?, ,'t;;,',: . gr CA'ITP\ JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY November. 2., 19 6 9. •' 'I:' • ., • r' 'z,enihan ''avers Jensen 6 McAteer i• Attorneys at 'Law • r. ',''„ 1111 :Norton :Building , ', , . f', Seattle, Washington 98104: 'Attention. Mr,. Jame91 C. Hanken., > Re . City of, Renton - Purchase of 't: ' J, H. Baxter property, Kennydale' ly ''J' 'Dear Jim: ,!'. .. l This • is , to acknowledge' your lette• r of :Octo.ber.. 30 , 1969• Y :•' ' • •which reached :the' undersigned' on I' ovember• 1 . I have t;:, .',.been in trial the last few days :and will therefore reply !a fa you :somewhat hurrat 11y regarding the: Earnest Money ; i'•••' Agreement'•. ' I forwarded same' 'as'' o. this date.. to the Mayor' ,` : ' 'y` r. ;'•'nd. .other ,Departments '•involved, 'for' immediate action '" ,': -, .I hope to return the ,'document to you during the :next :few , ,'k ' days. . `However, a few words of .explanation, which ''should.;';: ,,;:;: ' be' 'part . of our 'understanding and agreement,'. would be in • , ;" , : :';, ou. kno w w "' beenm toe this:, m 'te „ . ��: r�� ;' '`�A�;�:,�y.. w�. a �.�a�.v� •atte pig` .g t� at. , 'r•'. > `' ', k-"" ''''''''''''';:in writing •for, Many, man months , even with a proposed.' '-,: ,, ';. stipulation .'that. the matter of the railroad crossing 'be' :,;',•'`•. deferred and treated separately with' an appropriate hold= ''•'''a tip:',` •',: i.:' -r'` back. This -now seems' to be 'our agreement and we fully t ; ",.pt:' "'` ' ,;r;:; concur, The' City 'will ''certainly act with all deliberate .}; ,,, 4 speed, as you have suggested,- but''' we want you .to realize `i••• .;;.;;'':. '-"f� `,. 'that the ,Railroad is not known, for' its rapidity in' issuing' �� .. >, : •,:easements: to others: It' should b .: understood that the • 1t ' "V' .' referenced easement on 'the' p g of.the Earnest Money; '' 'r •�°�'�� ;" ,;; ';';,;'` x, m ':first a e':`� e 'y"ti:'' i s' r',,':1';:,:.'';,,, should mean "permanent easement" Likewise we must 'assume, . 'in.,con•j..nctio.n "with the Earnest: Moneys 'that. the easement' • �° ';' ``'., held' by. the Friends of Youth,'' Inc .' will';be vacated along r; -, - ' ,,i..the line, of our tentative agreement.:,,,, Would you please. 1,1 Mr. James. Hanken Page 2 Nov. 2 , 1969 check on that and make sure that the vacation of easement form as heretofore approved has been executed or will be executed in the near future . If there is anything we can do to accelerate this process , please let me know. Would '- you also please fill in the name of Transamerica Title Insurance Company (second page of Earnest Money) where a blank had been left for that purpose . • ` ` `: ;.3` .` Regarding the last paragraph on page 2 , you stipulate .a 180 day period of usage of the property by your client which is probably acceptable to the City and I shall verify same. My understanding was , in prior discussions • with Bob Johnson, that the Company would pay a reasonable amount for the use and occupancy of this property once • ' ' it has been paid for. You realize that the City cannot • lease it, legally, without an appropriate charge . Please 5` i- let me have your comments on this . Regarding the same paragraph it should be strictly understood ri that the form of removal of the pilings should be bymutual ,, agreement between the Park Board and your principals and I " would certainly appreciate if the last sentence on page 2 would so indicate.. I 'am sure that it can be worked out but ' I do not want to be in a position where the Baxter Company '' , unilaterally determines not to remove it or to do an unsatis ; ' factory job. I trust that you understand our position especially in view of the fact that we have been negotiating with your principals , before you came into the picture, for many months and I certainly do not want to leave anything to chance at this stage of the game . • Another question that you should consider and which can be '` _,, handled separately, from the written Earnest Money Document on hand is the matter of cost and attorneys ' .fees in case condemnation has to be undertaken to acquire the permanent easement from the Railroad. We believe that any such cost, or at least a portion thereof, shall be charged against the holdback. I am also wondering why you put in a "two days" period for closing since this seems unrealistic even though you put in a 60 day grace period thereafter. After all, we have been waiting for many months for an answer from' you and it seems to me this should he at .cast 20 clays •instead of . 2 days. .ornvcw+.anrrtnus;usmrw,susv msr.+a�,aaanvmc:•n:n;n:ovr.,anio.:,am,A emrirtrramamcn•.wr.e v:a+vw.•w-.-.-r rr:-:.i,., , „'L flt,-.rr.,.•,' mn:: : >m•:,.:.n s„'.,,,,: -,' .„r S, .,'.....:,., ,. l' 1,1 r'fir:' •, , r. Mr. James Hanken Page 2 Nov. 2 , 1969 i. Without wishing to again re-write this document or make ' ,'' ' ' additional changes over those heretofore made by your principals , please consider the foregoing so that we may have a separate agreement to clarify those points . This ' • ' ': can be 'done by 'letter and I am ure we will have no prol7Pms in arriving at a satisfactory s lution.. i;" I', We remain r.. Your very truly," } ; C Ger�`rd M. Shellan • ,, • t,y Attorney : GMS .nd % • • • ''i, is I ! • • • • • OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GERARD M. SHELLAN, CITY ATTORNEY •JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY November 2 , 1969 • CA.,1/1/7"1.- Lenihan, Ivers , Jensen 6 McAteer Attorneys at Law 1114 Norton' Building Seattle, Washington 98104 Attention: Mr. James C. Hanken • Re: City of Renton - Purchase of J. H. Baxter property, Kennydale . Dear Jim: - , • This is to acknowledge your letter of October 30 , 1969 which reached the undersigned on November 1 . I have been in trial the last few days and will therefore reply to you Somewhat hurridly regarding the Earnest Money Agreement. I forwarded same as of this date to the Mayor • and other Departments involved for immediate action. I hope to return the document to you during the next few days. •However, a few words of explanation, which should be part of our understanding and agreement , would be in order. As you know, we have been attempting to get this matter in writing for many, many months , even with a proposed stipulation that the matter of the railroad crossing be deferred and treated separately with an appropriate hold- back. This now seems to be our agreement and we fully concur. The City will certainly act with all deliberate speed, as you have suggested, but we want you to realize that the Railroad is not known for its rapidity in issuing easements to others: It should be understood that the referenced easement on the first page of the Earnest Money should mean "permanent easement" . Likewise we must assume, in conjunction with the Farnest Money , that the easement held by the Friends of Youth, Inc. will be vacated along the lines of our tentative agreement . Would you please • 0 Mr. James Hanken Page 2 Nov. 2 , 1969 check on that and make sure that the vacation of easement form as heretofore approved has been executed or will be executed in the near future. If there is anything we can do to accelerate this process, please let me know. Would you also please fill in the name of Transamerica Title Insurance Company (second page of Earnest Money) where a blank had been left for that purpose. Regarding the last paragraph on page 2 , you stipulate a 180 day period of usage of the property by your client which is probably acceptable to the City and I shall verify same. My understanding was , in prior discussions with Bob Johnson, that the Company would pay a reasonable amount for the use and occupancy of this property once it has been paid for. You realize that the City cannot lease it , legally, without an appropriate charge . Please let me have your comments on this. Regarding the same paragraph it should be strictly understood that the form of removal of the pilings should be bymutual agreement between the Park Board and your principals and I would certainly appreciate if the last sentence on page 2 would so indicate. I am sure that it can be worked out but I do not want to be in a position where the Baxter Company unilaterally determines not to remove it or to do an unsatis- factory job. I trust that you understand our position especially in view of the fact that we have been negotiating with your principals , before you came into the picture , for many months and I certainly do not want to leave anything to chance at this stage of the game. Another question that you should consider and which can be handled separately from the written Earnest Money Document on hand is the matter of cost and attorneys ' fees in case condemnation has to be undertaken to acquire the permanent easement from the Railroad. We believe that any such cost, or at least a portion thereof, shall be charged against the holdback. I am also wondering why you put in a "two days" period for closing since this seems unrealistic even though you put in a 60 day grace period thereafter. After all , we have been waiting for many months for an answer from you and it seemu to me this should be at least 20 days instead of 2 days . 41). Mr. James Hanken Page 2 Nov. 2 , 1969 Without wishing to again re-write this document or make additional changes over those heretofore made by your principals , please consider the foregoing so that we may have a separate agreement to clarify those points . This can be done by letter and . I am sure we will have no problems in arriving at a satisfactory solution. We remain Yours iyery truly, Ger'ard M. Shellan City Attorney GMS :nd be: Council President Mayor Gene Coulon Park Board I ,r - - - i,: .. „ ,' .1; ,ii7 • ' —_i_ __ —_,—___— --' ,I i %.f'Sp5__ Tf{?cr?%7•r,;7.'' it7'G` S4fy;';;'. F4• .i.,J� .y - a ,i' , " . „�i: • ,,}; '''"'-'1 `,"` (.. OFFICE OF THE CITY ATTORNEY •• RENTON,"IVAISHINGTON, 'C- 1p;; i''' y';:' ';r>,; ' - ;%,•.,",i'rr'< ' POST OFFICE BOX 626, 100 2ND AVENUE BUILDING; RENTON, WASHINGTON 98055 ALPINE 5-.8678,y ,.�,..1. „ ..1,f•: .( i,, .!,f" ,i, _ + i, 1,,:.. i•1 ,, ''°': ,t GERARD M. SHELLAN, CITY ATTORNEY .ib t: `' 7,J!i.,. ;5r rf !1`_ :i:;i,, rk ;-` - =:3w-�-_w_ri -:.waa ._3v':r. �. i :q, .' :,` ri ;i:� .. _- ?•>:-,� �..-:. •,r .l' _ .i{�;A..,'+:.',� . •:n Ji, • ,'�; a,i' .�ie �+j 'J 'f:-: 's• Iki,f.. rvt C�:�. ' .' -^1`• - `ji. _ JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY,' -y�t " ;;, '21• .I • _. "�'•'),. .J'?, '• ` ' v•is, '9:• • !'•' •r, t' ,- ,e•" C : , :4`' g,r,.,l5. n '•'F �;yfa .�[ :$-'� ',. I';` .,r,•' Fort 4,.8t 'f • �'t•;,"1'I} Box, i�• ': � f •t:'.` t.l,1f ••' q,d, I ,r r~-r lZ:f•:iY• e `e ' .r. �, I .' ".: -I. q ;y ,f i" • • ;'"1' i" ,: L •'i : A a •}' • i' '.:'1 '.,•i'' -��.',;,i3)a:'Jjp r•:';•:.,e,:,f.�',•,L';i r��� ,y ,c �169 %%r?.'S"qv1d'pt%t;;ir{?r'';'r' :I.!'0.:,;n'`a � R,,, _ -beatti6oi• t albin�on., 311 i. - �1 ' : ....,of . �.'. ,t,"'r'rl,hr�,';i' °'i' ':1Yo ,,., . :' : i ,.,,.,r Ili l ,., ,"i , •v . l't' . t 'I' s!' : r .1:Lf- a-�'_ ,• ' A "J- ' ir % '„tr i' ',' t cnin Iv. . Wade Thb,n ..on . �����t�nt-Man� er; ,;.}: , ;: , , . • • °• - P u;; ,> : _ - " ro„„erty. I ianagetnont Departin at - :i:" v�f J ,4': Iti:,,', _•f ! ' si,, ' "Y: : •,: '9I i. ; � i`; .1 ! • • J .I' • fir. {� 11 J' i ; ' : ' " . - T.+ _ • Dear Ar.• T a1SiC}Jo P ,. , •a . _ fir�1 1 Ij � 1f,• • I �,i� - - J : ,F•i ., • . •r r• • • iv ' � ' g� • ' , ".�if'} 'tt `,.-,il ,.:; :r:Thank ou,•,/tir ;Ruch,for our,i-tt�.�rC '. .'�y �:► :r.✓`�- 5X�g.ar L�fri , �� arbor rea`., ,�u.r.Yr;,,, ;. .}, , • J'h - i p:'taa ' a �• i ;;`} + -eyri; ° t '"i;.t1 y(', , ' ,;r"-.,!5 Z�a4:• riv heslel by thae' J: . BaaLter.',Corri an -;s.,,,L, , .,ns; ;b. :t,,• : •1-,,•.'f ' '4:,ar:';x ',:" ' -. „ k, H. I. •I :'i•- ' -1 ,; Thy nilsgotiation& for the consummation of City'�'i.ecqutOtion t.the`' t1bject ;' ''z�"',.,,, t., i,,,l;: 'ids.€;i''`:(;'; ''` '`'' ,y;,";" -property are progratiaing .•atiE:factori3y anrl'I, rax c . to.b€' comp €te 4.,i h .. ,..r ,1.{,.„.. s .n t'- ti t t� is �i •:l'„_t.'ti:. - s ry . , •(•, . i .. `'''I �7 f.;,. .;!; .'near futures. ?t is' tile City Park Board'" intent. to-�plan':cl:velnrim9,-t of..the area. : :'':.'`,:r, - ,.,',-;,'''' '' \''I '•�%-' at •a fairiyp IIarly� datc.� aiti�ouan there `,$:tl be. an interxrn'i'p rior of• iriited usa• e'•<k'»,.%=1i:t :, `,; ' :';�.i> by Jthe public.- The Board th.r.=for::' re �u �t:r' that a•n',:c • on to tht�: a a, to• ,:,-`,,,4, i.i `'a A.G, -''.1 sour'Cit �b '�.�n �1�:.11 d 'as �.Yoon Vi,L' «: tr ,��;..?, {. :'-.. ,� o b,l am irf Conjunction ,;.`., y, p ., v+�ith,the:t;,i °ri,.;i.:;., '''':;3 '`'jP:,`' . lacqui-ition of'thee. property from Ba=tter. Tht.S.t :rrn' uhou.d7"b�.:for,'a,;,i eri©d of.:3U :,i'7::': !:i,,, ' ,'r,;i'°i'f.,r'''Af`-•,t-•• ar:? and• 1,../1 .ar tot e,P�. { eJ:Zent v':--itn the-t.. �;:y,.,l' i ' .. -, : i •iIt..,', it":' .' ,7' ,=Y # ' gr Port".u ;i�, m�t3 ralativss'tC,vtti . :, f ,'•.:+; air °r,°;-s„.r, ;it'° j, '',-°4.;a:',... • iig Laltct 't,�a h1ngton Beach Pant area.' ,�' '.[ara r taric?;ih.at trhera:i�ii3,b .;?°,,;;;,� N .i f, '`f'- _:, '•1� o — ec�-. iA of :,,.+,i tile f • ,•- - J` • ;k�,F„^�,; ',r,. :!4'''':}';l` 'ric•e'.,• 8tib ''a•rty tyi�e'r o that tip con i idAli-atioir,for;;tne wea.�anr ou a''oniy ;',.,t. i ', • I.,-=,, :1 • I.' l - .r_ i i:;� 'i,' .'`' ;•.:1 •• . .: [. :'� b,+.noni_na� .� ., • •,:i:'. ..t • • F.,, hl: :h>:�' f,; , ,,1„�J,I,.,,,,. it, '�� it� .�;^�� i'i Ali' • • , 1. '[b,E:.,1•' +n ,; •1}' ',f°�k'• i�, 1i;4:h• t 1 .,�`3:�'+:'i:?G�'"` !1. ;.,!. , it' a'i-%':-_,.f:=•i J _ J, .:-Thanking `ou for your court' :oui. cooperation. ° '` y, 3". `>'- � ':Y;�' ��5::'.. ..°;J ' '�" ,i. rg'�,i,:', i t':'�'.i-`:` ..{fL': •.,i1,,,.,..,C'v; k' • - [. � r S• i-1 ii;- :fi ` ' t� r rrraa n• • •., t (- �. i '� y .j4 / .r,r•'� . ,':,:; r `.1 � i1 . . .c'- i'7.."35 ,r,.t.r 5 f SwiSl :!1 7' r ' ,,-a . ,, r;a'rs r 't :'1,' i' ' 1 -t, i• :k,-;.�,, aa i, �' 1 •f�' : �1iGf` ` '• r • ,,':y' 1 1'-r',i< .�. - .'„b' ' ' `1.''F:•,ylP ' �F '�•` i1 ".Its.,'5t.„I'If, ,, 'fi•,•! 7.,�I' • • • I. :, ,. _ CyI Ir - • � i�,i,, .1 lyi 'i-' " 'v , * ? � rlti .ct I t �i' ', -!,:I`; • !. t • 1 ',_ :` .:i,' i. i` "P '` } .I:'1' , ,iV�1; ,. a`q414-,• 7 ,'; ; y,i' ;`,, (:iIf: ., Si` .,•!i, .!,. , -b,i,1„.t,1. - 1 .i'',�ai: Sf, r+ ,. ,a P `, � , A . l. •,:. ":I,f °a'3„ r l" • ri �r }E� �"14: • • " :d. t'' •J � 1 .` : P. k ,: 1..,.,,at.J- , `:'f,M 'T • :•':Y • • • • • • , M. ! r "f { 4,�I � I R 1' "�f. r .1. Sy l 1, ♦g, _ .fir •�,� Attom - ��, -t,` rl. 'r, Y.. '1r, 'e.�'P.r 't''.':.i 8 �.i. i'',City ,. _ -rt i' ,.k .vi ! • '4'- ti]" RI.,, +'r 'i I�, "r' tp'v 'S i i' ,r'•. ',!.%`'i..•"`ti I'J:, i 'r.P.• • rely. •5.2• :r 'S'vt -i Iy. ,1f�. - t{. k'• •�:i'' •7, F" • •',I' • • 'I,, �.1'lP',,:'•.i' - ,.4.u,,z '.! .i�ms n.- 31 `;a,,,1, �J'Q p :jail • 1.1 :1 1{• . 1. i!r', P' 4'.':'1', •_�rt P. .s: ,,t,• � ,'4; v r. �''ji'` `,+'` :7 9,1,,.;4:k of �k,a,J. t' '; P.• .4: { =i'i ��••,.. '�: ,I. ..1" .,c..s, o,i. {:_ r„{' •1. .I: 7i,� 'I, ,.�,.d�i,a o;it 1,. ,t( ;�, ,.i,a:,, �,1` :d'Y', 7, ,t:7,r•, 1. w,u: .tIP�;a,J;.'. „J'• _,._:: :'i'...., - i !,'+c'•' ,.Y r,•: ..''h...Er .9 .. : ).k :5'J!n'* �' '1 , IP•r.'1 r.l[, 'Ii'at'f: . _ �j�l. °I I•. F- ,w., !'l" Y. 5 ',i, ,'i: n.l:• "'ir, n,r'r,,.,':',f1.. •I. -•'••-„ < tj'•Li1!"[ ,,i - ' .tali f �,' !`.', rP, '{„,,.r•:`' wr`,.. ,s • .'�� -'ff' :l •,�, l. ropy{•'- ; Ir k:A4a l• xa 1 �,r' ,r6 -�- �;::, -I: , ;,', 4i„ •4', '••' '••••• -•• . 4ouT'ori _ _ ,I, ,'i'! ;;r!:6i 7� 1 ,ti7. +'." ,rr': JJ- 'I'141 h 4' �)n'.1,^:,v'"., .},? .`.+t:,•„. '�:' `.7.' -i'V �4.•, :E�',I. I;:,1. '1. r. Y�,i:; ,=�'�. -[�,.'tti}{`al;.lr`s:.,,..:t,', .�(:ha1•rman,P'mnPrtv�mitf'��\., _ I—• '1.�'-..,�.:4,,,:;`Y7.1;`,`•`•'......-•....�ti'�....r..-. ,,+ . . . ,f'. ..,.:.., .;1 ,, -. , . : .j. pm )) 6..A./k-) . , • OFFICE OF THE CITY ATTORNEY 0 RENTON,WASHINGTON POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 p / 7� GERAR III. StGIEILLAN, CITY ATTORNEY J� �65�.ArAll s.: 31'eS`:tM!tTAi 4)7,ifs5ii:AtA.t-".ik k:.1.,i /r I I Ai' dONNN K. PAIN, JR., ASSISTANT CITY ATTORNEY YI-Mr. c,s Craig 1700 so #1 Camino Real , San Mateo; C ,.£f ornia 94402 May 2, 1969 Ca,/ • ' , \)s- :tre:, 3.T,-",,„ Tinxter Fy. Co. - City of Renton ' „ . . Dear 'Surd , This £® to confirm our recent telephone conaversattona reg ardi,ng the , above captioned real estate transaction. Wauld vron please let us . know the name of the S veyo'rt: who is working on the subject matter and approximately hew soon hie work will. he completed. We have not , had any further word freaaathe Faor:t e n Fao£ £e railway Canpany but assume that you will kee no posted in that mord. • Zf you wish us to,'. cae shall be glad to contact the Port of Seattle - directly regarding any Lease e ntenal£on and uts will await your advicea. : in that regard. The City in the meantime has had several meetings with the Federal Agency in the hope of getting sons assistance in financing, but if not, the City, as previously indicated, in prepared to %ae, the agreed price from its own internal funds. Trusting to hear from you at an early date. We rema iin, • , �;eaar.a very truly, �, Gerund M. Shellan . City Attorney rney �F :jml bcc o t1ayor .. . City Clerk President of the Council Gene Coulon 0 . OFFICE OF TIIE CITY ATTORNEY • RENTON,WASHINGTON POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY I r. Robert"A. Johnson d.I .Ba.: ter Wood Preserving. 3.450 Wilshire Boulevard Los Angeles , California.'.c.10005 April. .;15, 1969. re City of Renton and Lake Washington Beach Park Dear Bob: This is . further in reference to our telephone conversation. yesterday morning regarding the City' s interest in acquiring your 'Company' s Iroperty. The City Council .voted", at its regular meeting Monday: nights to• purchase the parcel; described as follows "PARCEL A: That portion of Government Lot 1, Section 6 Township 23 North, Range 5 East, .5v.t, . ;. in King County, .Washington, lying westerly of the Northern Pacific Railway Company right of gray. PARCEL B: Block E, Lake dL3ashinFton shorelands, King County,. Washington, Except the south-easterly 75ft. thereof. ., PARCEL C: Block D and the south-easterly 75ft. of Block E, Lake Washington Shorelands; King County, Washington. TOGETHER WITH second class shorelands in front of all the above described property." ' The cash purchase price therefor would be the sum of . 30O,000.0O" and would be subject to the .following, terms and conditions 1. The conveyance to be made by Statutory Warranty Deed, free and clear of all incumbrances, unless expressly waived by the City in .writing and the Seller to furnish a Policy of '.Title Insurance in the amount of the purchase price.. showing good, merchantable title . O. 1 1- y . Robert Ae Jcranvori 2 April 15 • 1969 2 . Seller to furnish unto the City, without cost to the. /titter, a permanent 0Oft. in width access across th4' existing r!ilroad tracks at or near the present c:r'+os.- sir. ; this can be done by Easement. We understand that the Railroad has agreed to such permanent croesinp but will .undeubtedly} charge you some -kir'.d of fee therefore This is a matter er that you can negotiate. with them. negotiate 3. It is imperative that the City have a survey of the subject property that you should furnish to us as quickly as possible and prior to closing. This for the reason that the 'eas described in your appraisal, especially the distance of the waterfront footage , do not soern to be correct. We under- stand that the frontage is somewhere between 1400 and 1500 ft. instead of the amount given by your appraiser. It a The Seller will l pay 71' Real Estate, taxes G E J assess- ments for the calendar'' year of closing; and all improvements , . debris and obstruction within or adjoining the property will be rer:6ov*mod by the Seller unless waived by the City in writing. 5. • The Seller will provide, without coot to the City, an extension of the existing Lease Agreement -d.th the Port of Seattle which now empires Dece?r be'r 31, 1 s71. The existing Lease would be assigned to the City and the extension should be for a long term, such as 20 to 25 years , unless a letiser period is approved by the Park Board. 6. The present ,Easement in favor of the Griffin Home s iould be eliminated completely . I amp -not sure. whether you have a copy of the Title Certificate that our Engineer's office had ordered sometime ago. It shows incidentally, that the second class usl'!i'.°:relands, which are extremely vital Co any aPurc e,ser, are not owned by your Corfu aany in front of Bloc): E. This n-emo unusual and you might want to look into it in case you have an unrecorded deed to that . ;ortion. If you need a copy of this Preliminary Title Report give me a call and we will forward it to you, . You can readily see that a survey is vital since we cannot tell at the present time how much actual land area is available and the varying Width of same between the railroad property and the water. Incidentally, the City has had no commitment whatever from either HUD or the State Agency for any participation and it is quite likT,ly that the City may have to "go it alon&&_ /cone . . . . i Robert A. JohnsoL - 3 - April IS , 19 C 9 It is also e possibility that some remanent signals will have to be erected and maintained at tile time the property is developed in which case the City will have to ror,r_ cut some kind of en agreement with the Rai-iro d.as to the cost thereof. There may be solLe other iiincr points that will have to be resolved but thri: ak-'ove items include the major or issues. As soon as these iteris have been resolved the matter can the:-. be closed. We remain, vo „s very truly, } 1 l ii f M. •9 C t ' Attorney bcc: Mayor City Clerk President of Council Gene Coulon Louis Barei ;--"r , r COV-S1 RESOLUTION NO. WHEREAS The City. of Renton is now in the process of continuing the development and improvement of Lake Washington Park which facilities will be open, to the public in the near, future AND WHEREAS it is deemed in the best interest of the public to acquire additional properties fronting Lake Washington for future development and to retain and preserve Io.per spaces for the benefit and enjoyment of the general public as park and recreational 'facilities AND WHEREAS there is now available to the City of Renton- for purchase an area of land, approximately 9 to 10 acres total, together with a lake frontage of about 1500 feet more or less, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AS FOLLOWS : Section I : The above recitals and findings are hereby found to be true and correct in all respects . Section II : The City Attorney and Park Director, acting by and through the Park Board, are hereby authorized and directed to negotiate for the purchase of certain lands presently owned by The J.H.Baxter Company and as further described on Exhibit A attached hereto, and made part hereof, together with second class shorelands adjoining, at 'a cash price not to exceed $310, 000 . 00, subject, among others, to the, following conditions : A. Conveyance to be made by Statutory Warranty Deed free and clear of all qncumbrances, unless expressly waived by the City 'in writing, and Slier to; furnish 'a Policy ;of. Title Insurance 'in the 'amount of the purchase price showing good, merchantable. title . B. Simultaneously with such acquisition, Seller to furnish unto City p'ermanet access, approximately 60ft. in width, 1 '" rye by Easement or .otherwise, across the existing railroad tracks at or near the location of the present crossing, and all without cost to the City. C. Seller to furnish unto City, prior to closing, with an up-to-date survey of the .subject property; Seller to pay all Real Estate taxes and assessments for the year of. closing. D. Seller .to. remove, at its cost and expense, all improvements,. debris and obstruction within or adjoining subject property., unless waived, by. the City in writing. E. Seller to provide, without cost to the City, an extension of the existing Lease Agreement with the Port of Seattle (Harbor. Area which Lease •now expires .Decerrber. .31,1.971)• for a period :of not less than: 25 years and City to pay :all rentals , if any,', for such extended period; Seller to assign existing Lease Ag.reem@nt unto City with. approval of the Port of Seattle PASSED: BY: ;THE CITY COUNCIL .this •1.4:th day of. April,196.9 ...Z1794:€'61H)0:-.4"/7j Helmie Nelson, City._Clerk APPROVED BY. THE .MAYOR .thi 4th. day. :of. April,' 1969 Donald W.:Custer, Mayor Approved as to form: Gerard 'M. Shellan, City Attorney 2 iVi.CORD OWNERS S '7 ,&r; /G//1 „f® He. BAXTER & CO. . A CALIFORNIA CORPORATION. FORMERLY PUGEI TIMBER COMPANY . A . WASHINGTON CORPORATION • PROPERTY'S . . . PARCEL As THAT PORTION OF GOVERNMENT LOT 1 . SECTION 6 TOWNSHIP.. ... 23 :NORTH. RANGE 5 EAST ) W.M. . IN KING COUNTY. WASHINGTON. LYING. WrSTERL Y OF THE NORTHERN PACIFIC RAILWAY COMPANY .RIGHT OF WAY ; TOGETHER WITH SECOND CLASS SHORELANDS IN FRONT . THEREOF AS SAID ;HORELANDS WERE DEFINED BY DECREE ENTERED IN KING COUNTY SUPERIOR CnURT CAUSE NO. 156371 . EXCEPT THAT PORTION THEREOF LYING WITHIN PL.00K "E" OF LAKE WASHINGTON SHORE LANDS. PARCEL Bs BLOCK "Eno LAKE WASHINGTON SHORE LANDS. IN KING COUNTY ) WASHINGTON EXCEPT THE SOUTHEASTERLY. 75 FEET THEREOF® '..: PARCEL Cs BLOCK "D" AND THE SOUTHEASTERLY 75 FEET OF BLOCK "E" o LAKE WASHINGTON SHORE LANDSo IN KING COUNTY . WASHINGTON. ENCUML3RANCES S Cer-)444e. ''.714"#""8°. a-344".44°' MINUTES - RENTON CITY COUNCIL MEETING October 6 , 1969 ORDINANCES AND RESOLUTION'S: Law and Ordinance Committee Chairman Trimm submitted the following documents ORDINANCE 2506 Document was read ordering the construction and installa- L.I.D. 263-Bids tion of certain sanitary sewer lines and appurtenances and construction thereto, in the Kennydale area , located within and without the city limits of Renton, all in accordance with Resolu- tion No. 1644 of the City Council of the City of Renton, Washington ; establishing Local Improvement District No. 263 , a portion of which district is located outside the city limits as therein below set forth , providing method of assessment in said district; providing that payment for said improvement be made by special assessments of "payment by bonds" or "Notes" in lieu thereof as deter- mined by the City Council ; and providing for the sale and issuance of Local Improvement District warrants redeemable in cash and Local Improvement District bonds or notes . MOVED BY TRIMM, SECONDED BY EDWARDS, TO PLACE THE DOCUMENT ON SECOND AND FINAL READING . CARRIED. After the final reading, it was MOVED BY SCHELLERT, SECONDED BY TRIMM, TO ADOPT THE ORDINANCE AS READ. ROLL CALL VOTE RESULTED IN ALL'.AXES . THE MOTION CARRIED. ORDINANCE 2507 TheTroposed Ordinance 'was read fixing the estimated (Fixing Tax amount of tax levies necessary to raise the amount of Levies for 1970) the estimated expenditures for the year 1970 , as required by R . C. W. 84 . 52 . 020 ; authorizing the City Clerk to certify such budget or estimate of the amount to be raised by taxa- tion on the assessed valuation of the property located ' within the City of Renton, Washington . MOVED BY TRIMM, SECONDED BY BAREI, TO PLACE THE DOCUMENT ON ITS SECOND AND FINAL READING. CARRIED. AFTER THE FINAL READING, IT WAS MOVED BY DELAURENTI, SECONDED BY MAXIN, TO ADOPT THE ORDI- NANCE AS READ. ROLL CALL VOTE RESULTED IN ALL AYES AND THE MOTION CARRIED. , ORDINANCE 2508 Proposed Ordinance was read authorizing appropriation of , .Appropriating $17,213 . 78 received in excess of anticipated revenues `excess revenue in the Airport Fund unto budgetary account 2510 , Airport unto Airport Fund 608, Reserve for Development and Improvement . (To fund drainage project) MOVED BY SCHELLERT, SECONDED BY TRIMM TO PLACE THE DOCUMENT ON ITS SECOND AND FINAL READING . CARRIED. After final reading, it was MOVED BY SCHELLERT, SECONDED BY DELAURENTI , TO ADOPT THE ORDINANCE AS READ. ROLL CALL VOTE RESULTED IN ALL AYES . THE MOTION CARRIED. ORDINANCE 2509 Ordinance was read authorizing the acquisition of certain Acquisition of lands by eminent domain , providing for the payment thereof waterfront lands out of the General Fund; authorizing the City Attorney to (Lake Wn. Beach prepare a petition for condemnation in the Superior Court Park Addition) in and for the County of King and the prosecution' thereof for the acquisition of such properties for park, playground and marine recreational and like purposes . MOVED BY BAREI, SECONDED BY PERRY, TO PLACE THE DOCUMENT ON SECOND CC - ) AND FINAL READING . CARRIED. AFTER FINAL READING , IT WAS MOVED BY TRIMM, SECONDED BY MAXIN, TO ADOPT THE ORDINANCE \` AS READ. ROLL CALL VOTE RESULTED IN ALL AYES, EXCEPT--- _ GRANT WHO WAS ABSENT FROM THE CHAMBERS DURING THE VOTE . , ORDINANCE 2510 Letter: from Vic Te GantvoOr.t. reported receipt of reim- Appropriating bursement moneys in sum...of_ $6 ,615 . 26 from King County for excess revenues street restoration participation aid requested appropria- into Street De- tion into ' Acs/130 , $600 . 00; 315 , $1 ,870 . 00 and 417 , partment Budget $4 ,145 . 26 , Street Department Account 1320 . MOVED BY BAREI, SECONDED BY BRUCE, TO CONCUR WITH REFERRAL TO THE LAW AND ORDINANCE COMMITTEE. CARRIED. The Committee presented ordinance which was read aiithorizin appropria- ' tion5 as requested. MOVED BY TRIMM, SECOND BY BRUCE TO PLACE THE DOCUMENT ON SECOND AND FINAL READING . CARRIED. After final reading, it was MOVED BY SCHELLERT, SECONDED BY DELAURENTI TO ADOPT AS READ . ROLL CALL VOTE RESULTED IN ALL AYES EXCEPT GRANT WHO WAS ABSENT FOR THE VOTE. 0 " ;* 7CiV7"'r , • 4 _ • - • • VACATION OF EASEMENT • ' THIS AGREEMENT made and entered into this ' day of ' between THE FRIENDS or YOUTH, INC. , a Washington corporation, hereinafter referred to as Grantor and J.E. BAXTER AND CO. INC. , a California corporation, \Lereinafter referred to as Grantee. . UITNESSETH: • , WHEREAS, The Friends of Youth, Inc. holds title to an easement described on Exhibit A attached hereto Ord by this reference incorporated herein as if set forth in full, which said easement is an encumbrance against the fee simple estate held by J.H. Baxter and Co. Inc. , and WHEREAS J.H. Baxter and Co. , Inc. is under the threat of condemnation by the City of Renton and may be required to , e convey fee simple estate to the City of Retton for the purpose of developing parks, recreational facilities and other similar - e , usee, and • • WHEREAS, The Friends of Youth, Inc. are desirous of having ' the subject property conveyed to the City of Renton for said purposes so long as these purposes ere freely available to the children in the custody of The Friends of Youth, Inc. to the same extent 'as other members of the public in general, NOW, THEREFORE, IT IS HEREBY AGREED 49 between Grantor and Grantee as folicwa • • ,• • • •,'' 1. That should Grantee convey subject property descried in Exhibit A attained hereto to theCity of Renton within eighteen (le) months from the date of this Agreement to be used ' by the City of Renton for the purposes of parks, recreational facilities or other similar and like uses, that the Easement beld by the Grantor herein shall merge with the fee simple e • • • estate of J.H. Baxter,. and . Co. ,Inc. .and shall be conveyed to - the City of Renton' thereby. Should thei•conveyance •by. J.H. Baxter and Co.Ine.: not'take place ,within' eighteen (18.)•,months from the date of' this Agreement, this Agreement expires and the Easement shall remain vested with the Grantor herein. , r . 2 . This Agreement shall be in .covenant running with the land and shall be binding upon .tho Granters, successors, ' interests, assigns and heirs of both Grantee and Grantor. . DATED this _�.___... day .of April _:f.. 1969 • GRANTEE GRA lTOR ' STATE OF WASHINGTO.N ) ) se, COUNTY 4F KING ) r On this day of April, 1969; before me, the undersignedo- : a Notary Public in and for the State of Washington, duly aommiesione and sworn personally appeared and to me known to be the President and Secretary, respectively, of WE FRZEID$ OP YOUTH, INC. , the corporation that euecuted the' foregedhg instrument, and acknowledged this 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 wore., authorized to execute the said- instrument and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and official seal hereto 'affixed the day. and year in this certificate above written. • • Notary Public in and for. the Stitt of Washington, residing at