HomeMy WebLinkAbout10% Petition - 9/9/1986OF Re
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BARBARA Y. SHINPQCH
MAYOR
TO:
FRO~l :
SUBJECT:
PUBLIC WORKS DEPARTMENT
DESIGN/UTILITY ENGINEERING • 235-2631
MUNICIPAL BUILDING 200 MILL AVE, SO. RENTON. WASH. 98055
August 29, 1986
MEMORANDUM
(;IIY OF RENTON
SEP 2 1986
Larry Springer, Policy Development
Robert E. Bergstrom, Design Engineering
Covenant Annexation -Renton New Water Reservoir Site
Please find attached as requested by Policy Development:
1. Legal for proposed Annexation.
2. Exhibit maps for your review - I have in our office the originals.
3. Copy of City Attorney's memo -highlight our requirement to Annex
the Covenant Site.
Please let me know if you need additional information. ,
:jw
PROPOSED
COVENANT ANNEXATION
(South Talbot lIill Reservoir)
September 1, 1986·
TIIAT PORTION of the NW 1/4 of Section 32, TWP 23N, Range 5E, .W.M. and of the NE 1/4
of Section 31, TWP 23N, Range 5E, W.M. DESCRIBED AS FOllOWS:
BEGINNING at the SW corner of the NW1/4 of the NW 1/4 of said Section 32;
Thence easterly along the south line of the NW 1/4 of the NW 1/4 of said Section 32
and the existing City limits of Renton as established by Ord. #3268, to the NW corner
of the East 1/2 of the SW 1/4 of the NW 1/4 of said Section 32;
Thence southerly along the west line of the E 1/2 of the SW 1/4 of NW 1/4 of said
Section 32 and the existing City limits of Renton to an intersection with a line
200 feet south of and parallel with the north line of the SW 1/4 of the NW 1/4 of
said Section 32;
Thence easterly along said line which lies 200 feet south of and parallel with the
north line of the SW 1/4 of the NW 1/4 of said Section 32 and the existing City
limits of Renton as established by Ord. #3268 to the east line of the west 1/2 of
the NW 1/4 of said Section 32;
Thence northerly along the east line of the west 1/2 of the NW 1/4 of said Section 32,
to the north line of the S 1/2 of the SE 1/4 of the NW 1/4 of the NW 1/4 of said
Section 32;
Thence westerly along said north line of the S 1/2 of the.SE 1/4 of the NW 1/4 of
the NW 1/4 of said Section 32, to an intersection with aline 85 feet \'/est of and
parallel with the east line of the NW 1/4 of the NW 1/4 of said Section 32;
Thence northerly along said line which lies 85 feet west of and parallel with the
east 1 ine of the NW 1/4 of the NW 1/4 of said Section 32, to an intersection with the
southerly right-of-way margin of Carr Road (former Carr Road No. 1147);
Thence continuing northerly along the northerly prolongation of said line which
lies 85 feet west of and parallel with the east line of the NW 1/4 of the NW 1/4
of said Section 32, to an intersection with the northerly right-of-way margin of
said Carr Road;
Thence southwesterly and westerly along the northerly right-of-way margin of Carr Road
having a varied width of 100 feet to 80 feet extended across 103rd Place S.E.,
within the west 1/2 of the NW 1/4 of said Section 32. and continuing through the
east 1/2 of the NE 1/4 of said Section 31, and extended across 98th Avenue South to
an intersection with the prolongation of the easterly right-of-way margin of Talbot
. Road South (Springbrook Road):
Thence southwesterly along the prolongation of the easterly right-of-way margin of
Talbot Road (Springbrook Road), from the northerly right-of-way margin of Carr Road
to the southerly right-of-way margin of Carr Road, said southerly right-oF-way
margin also being on the existing City limit line of Renton per Ord. #2394;
Thence northeasterly and easterly along the southe.rly right-of-~Iay margin of
Carr Road said southerly right-of-way margin also being the existing City limits
of Renton as established by Ord. #'s2394 and #3268, within the east 1/2 of the
NE 1/4 of said Section 31, to an intersection wi'th' the east 1 ine of the NE 1/4 of
said Section 31, which east line is also the west line of the NW 1/4 of the NW 1/4
of said Section 32 and the existing City limits of Renton;
Thence south along the west line of the NW 1/4 of the NW 1/4 of said Section 32 and
the existing City limits of Renton as established by Ord. #3268, to the SW corner
thereof and the point of beginning.
-'
'~:-J~~~_~--'
OFFICE OF THE CITY ATTORNEY. RENTON, WASHINGTON
POST OFFICE BOX 826 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8678
LAWRENCE J. WARREN, CITY ATTORNEY
August 28, 1986
DANIEL KELLOGG, ASSISTANT CITY ATTORNEY
DAVID M. DEAN, ASSISTANT CITY ATTORNEY
MARK E. BARBER, A •• 'STANT CITY ATTORNEY
ZANETTA L. FONTES, ASS'STANT CITY ATTORNEY
MARTHA A. FRENCH, ASS'STANT CITY ATTORNEY
TO: Barbara Y. Shinpoch, Mayor
FRON: Daniel Kellogg, Assistant City Attorney
RE: . A;q~'i'~'iti~;-';;f-:-Spri;gbi~-;;k~'Reservoir "Tank' Sife
q . Covenant Deveilopment_'Corp<?:r:atlon· . -'" '-"
Dear Hadam lo1ayor:
I have enclosed to you the original and two copies of a
Purchase and Sale Agreement between the City and Covenant
Development Corporation for purchase of the proposed Spring-
brook Reservoir Tank'Site for a price of $45,000.00 in cash,
This transaction has been negotiated between our office and
the seller over a period of many months. There remain· twO! ..
contingencies which will need to be met before the transactio£(:
can be closed. T1l.e first is the 'anpexation of the propertYk9r',l
the City of Renton •. !l'he second is the completion of the street'
improvements. In the event that the street improvements are
not concluded as of the date of closing, the seller has agreed
to allow the retention of a suitable sum of money to guarantee
the construction. We have indicated that $15,000.00 would be
an appropriate amount to ,impound since this is the added value
which the street improvements have added to the purchase price.
We are proceeding at this time to secure a binding contract for
purchase of the property so that we can safely expend the design
cost for the proposed tank improvements during 1986. However,
we do not anticipate that the sale will close until after the
first of the year because of the delays incident to the annexation
process.
If the proposed Purchase Agreement is satisfactory to you, please
execute the original and both copies on page 4. The City Clerk
should also sign on behalf of the City. Please return the original
Barbara Y. Shinpoch, Mayor
August 28, 1986
Page -2-
and both copies to our office. We will then forward them to
Chicago for execution by the seller. We will return a fully
executed copy to the office of the City Clerk at such time as
we receive the document from the seller.
Please feel free to contact me if you have any questions.
DK/jw
Encls.
cc: Ron Olsen
cc: Bob Bergstrom
Very truly yours,
Daniel Kellogg
"
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is between COVENANT DEVELOPMENT CORPORATION,
("Seller") and THE CITY OF RENTON, a Washington municip:;tl
corporation ("Purchaser"), and is made for the purpose of purchase
and sale of the following described real property.
In consideration 9f the covenants and agreements hereinafter
made, the parties agree as follows:
1. Description of Property: Purchaser agrees to purchase
from Seller, and Seller agrees to sell unto Purchaser, the following
described real property referred to in this Agreement as "the
premises":
All that certain real property situate in the County of
King, State of Washington, being a portion of the west
half of the northwest quarter of Section 32, Township 23
North, Range 5 East, Willamette Meridian, and being more
particularly described as follows:
BEGINNING at the southeasterly corner of the north 200
feet of the east half of the southwest qu:;trter of the
northwest quarter of said Section 32; thence from said
POINT OF BEGINNING along the southerly line of said
north 200 feet S88008'33''W 287.91 feet; thence leaving
said southerly line from a tangent that bears N05 0 22'07"E
along the arc of a curve to the right having a radius of
225.00 feet and a central angle of 22 0 37'53", an arc
length of 0 88.87 feet; thence tangent to the preceding
curve N28 OO'OO"E 152.70 feet; thence tangent to the
preceding course along the arc of a curve to the left
haging a radius of 325.00 feet and a central angle of
15 53'43", an arc length of 90.16 feet thence non-tangent
to the preceding curve N88 0 08'33''E 167.05 feet to a point
on the easterly line of the west half of the northwest
quarter of said Section 32; thence along last said
easterly line S01 0 20'56''W 300.00 feet to the POINT OF
BEGINNING.
Purcha3er hereby authorizes the insertion over his signatura of the
correct legal description of the above-designated property if
unavailable at time of signing, or to correct the legal description
previously entered if erroneous or incomplete.
Page 1
'.
2. Purchase Price: The purchase price is Forty-five
Thousand Dollars ($45,000.00), payable in cash at time of closing.
3. Title: Title to the premises shall be free of defects
except restrictions and reservations of record. Rights reserved in
Federal Patents or State Deeds, building or use restrictions general
to the district, existing easements not inconsistent with the
intended use of the restricted parcels, and building or zoning
regulations or provisions shall not be deemed encumbrances or
defects. Seller agrees to furnish and deliver to Purchaser a WLTA
standard form policy of title insurance, and as soon as practicable
prior to closing, a preliminary commitment therefor issued by
Transamerica Title Insurance Company. The parties authorize the
closing agent to apply for such title insurance upon the removal of
all contingencies to this transaction. Seller agrees to assume any
cancellation fee for the respective commitments or policies. The
title policy to b,e issued shall contain no exceptions other than
those provided in this standard form plus the encumbrances or
defects noted in this paragraph. If title is not so insurable as
above provided and cannot be, made so insurable by the termination
date set forth herein, this Agreement shall be terminated.
4. Conveyance: Transfer of Seller's interest in the
premises shall be by Statutory Warranty Deed.
5. Prorations: Taxes for the current year, rents,
insurance, interest, mortgage reserves, water and other utilities
constituting liens on the property shall be prorated as of date of
closing.
6. Closing: This purchase shall be closed in the office of
Warren & Kellogg, P.S., Attorneys at Law, within 30 days after
removal of all contingencies, but in any event not later than One
Hundred Eighty (180) days from date of this Agreement, which shall
be the termination date. The parties will deposit in escrow with
the closing agent all instruments and moneys necessary to complete
this purchase in accordance with this Agreement. The cost of escrow
shall be paid one-half (1/2) each by the parties.
PURCHASE AND SALE AGREEMENT
Page 2
7. Possession: Seller shall deliver possession to Purchaser
on date of closing.
8. Condition of Property: The Purchaser has inspected the
premises and agrees to accept the premises in its present condition,
on the terms noted herein. Seller warrants that to the best of its
knowledge the premises do not materially violate the applicable
building or zoning regulations and that it is unaware of any
material defect in the premises or improvements thereon.
9. Default: If either party defaults in his contractual
performance herein, the non-defaulting party may seek specific
performance pursuant to the terms of this Agreement, damages, or
rescission. If the non-defaulting party seeking damages or
rescission is the Purchaser, the earnest money, together with
interest earned thereon, if any, upon demand, shall be refunded to
the Purchaser less all charges provided under Paragraph 3. If the
non-defaul ting party seeking damages or rescission is the Seller,
the earnest money, together with interest thereon, if any, upon
demand, shall be forfeited to Seller less all charges provided under
Paragraph 3. The non-defaulting party shall be entitled to recover ,
its costs and attorney's fees in the event counsel is retained as a
result of such default.
10. Miscellaneous: If prior to closing,
the premises shall be destroyed or materially
other casualty, this Agreement at the option of
the improvements on
damaged by fire or
the Purchaser shall
become void. There are no verbal or other agreements which modify
or effect this Agreement. Time is of the essence of this Agreement.
Notices given under this Agreement shall be in writing and shall be
delivered personally with written receipt therefor, or sent by
certified mail, return receipt requested, to the following
addresses:
PURg.HASE AND SALE AGREEMENT
Page 3
. ~.
Seller:
Covenant Development Corporation
c/o Robert C. Larson, President
5101 North Francisco Ave.
Chicago, Illinois 60625
Purchaser:
The City of Renton
200 Mill Ave. South
Renton, Washington 98055
..
11 . Contingencies: The obligation of the Purchaser under
this Agreement is contingent upon the occurrence of the following on
or before the date of closing:
11.1 Annexation of the premises to the City of Renton.
11.2 At the closing of this transaction, the sum of Fifteen
Thousand Dollars ($15,000.00) shall be wi thheld from the proceeds
due to the Seller and shall be held in an interest bearing account
by the escrow agent for the benefit of the parties until the street
improvements required by the City of Renton have been installed and
are finally approved by the City of Renton.
DATED: August __ , 1986.
Seller:
Covenant Development Corporation
by
Robert C. Larson, President
PURCHASE AND SALE AGREEMENT
Page 4
Purchaser:
The City of Renton
by
Mayor
by
City Clerk
i,
Covenant Development Corporation
5101 North Francisco Avenue, Chicago, Illinois 60625
3121784·3000 Cable Address: Covenant Chicago
July 10, 1986
Robert E. Bergstrom, P:E.
Engineering Supervisor
Public Works Department
City of Renton
200 Mill A v S.
Renton, WA 98055
Dear Bob:
re: Renton, WA
JUL
Thank you for your letter, dated July 2, 1986. I am sorry that I neglected to sign
the petition itself.
Enclosed herewith is a fully signed petition.
If there is anything further which we need to supply, please do not hesitate to
contact me.
Sincerely, .
1Md~.~
Robert C. Larson, President
RCL:rl
enc
cc: Randy J. Blair, Robert D. Bennett
NAME ADDRESS
Covenant Development Corp., 5101 North Francesco Avenue
Chicago IL 60625
PROPERTY DESCRIPTION
Tax Lots g 62 •. 81.79
Section 32; T23N R5E. WM.
:;mJCt:12:~ President
..
10% NOTICE OF INTENT
Honorable Mayor Barbara Shinpoch
Members of the City Council
Covenant ______________ ,Annexation
-
We (I). the undersigned owner(s) constitute a minimum of ten percent (10%) of the
assessed valuation for general taxation of the property for which annexation is petitioned.
The proposed annexation is for the purpose of: (List reasons)
Further. pursuant to RCW 35A.14.120. the undersigned petitioners agree to:
'I. Accept the City of Renton Comprehensive Plan.
2. Accept the City of Renton zoning regulations.
3. Assume any pre-existing bonded indebtedness of the City.
oration
~b~~~ ... ~~~~~~~~~. President
Signed
. . • • ..
Covenant Development Corporation
5101 North Francisco Avenue, Chicago, Illinois 60625
312/784-3000 Cable Address: Covenant Chicago
June 27, 1986
Robert E. Bergstrom, P.E.
Engineering Supervisor'
City of Renton
Department of Public Works
200 Mill Av. S
Renton, WA 98055
Dear Bob:
re: Renton, W A
JUN 3 0 18C5
In response to your letter, dated June 18, 1986, I am transmitting herewith a 10%
Notice of Intent and list of property owners to be filed in association with an
Annexation of our property to the City of Renton, WA.
While I have verified the tax lots shown on the petition, I note that a small
triangle of land which we have acquired to complete our parcel on the south side
of Carr Rd as per your request is not included. That parcel is shown on the
enclosed drawing, where it is marked as Parcel A. A legal description of this parcel
is also enclosed. We want to be sure that this parcel is included in the annexation
so that the City of Renton can gain complete control of Carr Rd.
For your information Parcel A was acquired by the Covenant Development
Corporation from Mr. and Mrs. Williams in exchange for Parcel B as shown on the
enclosed drawing.
I am assuming that the City of Renton will cause subject property to be zoned for
multiple family dwelling units as per our previous agreement.
If there is anything further that I should do in regard to this annexation, please
advise me.
....
Robert C. Larson, President
RCL:rl
enc (2)
cc: Randy Blair
· ~-------.~-, '-/'/ I
EDLUNDA§§OCIIAlrIE§ ,
I "rrNC I
I Landscapej'Development
I Gerry Edlund
Landscape Architect I 15 South Grady Way Suite 409 Renton, WA 98055 I
(206)255-5726 (206)363-1225 I