HomeMy WebLinkAboutA 200305140008367
Return Address:
Citv Clerk's office
City of Renton
1055 S. Grady Way
Renton WA 98055
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20030514000836
CITY OF RENTON AG 37.00
PAGE 001 OF 019
05/14/2003 10:19
KING COUNTY, WA
WASHTNGTON STATF, RECORDER'S Cover Sheet (RCw 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
City. of Renton Development Agreement concerning
1. Whitworth St Vac & St Anthony's Parish
3, including Exhibit A 4.
Reference Number(s) of Documents assigned or released:
Additional reference Ws on page of document
Grantor(s) (Last name, first name, initials) '
I. _S Anthrinylq Parish
2.
Additional names on page of document.
'I
Grantee(S) (Last name first, then first name and initials)
I. City_ of Renton
2.
Additional names on page of document.
Legal .description (abbreviated: i.e. lot, block, plat or section, township, range)
The following matters affect the property covered
Additional legal is on page 10 of document.
�es or's Property Tax Parcel/Account Number— ❑ Assessor Tax # not yet assi
►1 0-0080
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the docu
verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provid
36.18.010. I understand that the recording processing requirements may cover up or o e i e
obscure some part of the text of the original document.
Signature of Requesting
G
t
CITY OF RENTON DEVELOPMENT AGREEMENT CONCERNING WHITWORTH
STREET VACATION AND ST. ANTHONY'S PARISH
nod This Development Agreement is made and entered into this W day of )VJhtt1 ,
4002 by and between the City of Renton, a Washington municipal corporation ("City" or
"Renton"), and St. Anthony's Parish, through The Corporation of the Catholic Archbishop of
Seattle, a corporation sole ("St. Anthony's',).
RECITALS
WHEREAS, St. Anthony's Parish first was sited and has existed in the same general
location since 1905;
WHEREAS, St. Anthony's now is the owner of most of the property informally
described as follows and designated as the "Bounded Property": (A) multiple parcels bounded
by, on the east Morris Ave. S., on the west Shattuck Ave. S., on the north the alley between
South 3rd and South 4th Streets, and on the south, South 4th Street, and (B) multiple parcels
currently developed with the Parish Social Hall located at South 4th Street and Morris Ave. S (the
"Bounded Property");
WHEREAS, the Bounded Property lies within the Center Downtown District of Renton,
generally bordered by on the east I-405, on the west Shattuck Ave. S., on the north Airport Way
and the Cedar River, and on the south Houser Way. This Development Agreement applies to
those portions of the "Bounded Property" owned by St. Anthony's and is intended to expand to
cover any parcels within the Bounded Property that are subsequently acquired by St. Anthony's.
A formal legal description of the property within the Bounded Property that is owned by St.
Anthony's is attached and incorporated in full as Exhibit A;
WHEREAS, St. Anthony's has approached Renton requesting that Renton vacate a
portion of Whitworth Avenue north of South 4th Street, where Whitworth bisects church property
and vacate an associated alley (hereafter collectively referred to for ease as the vacation of
"Whitworth");
WHEREAS, St. Anthony's is proposing a twenty-year project on the proposed church
campus, to be accomplished in four phases (the "Campus Project");
WHEREAS, before proceeding with the Campus Project, St. Anthony's wishes assurance ,
from Renton that the necessary Whitworth right-of-way will be vacated so that St. Anthony's can i
have a unified campus;
WHEREAS, Renton wishes to keep Whitworth open for circulation as long as possible, j
to delay the closure of that street until such time as construction is imminent and to provide for
reconveyance of title to Renton, should it vacate the right-of-way of Whitworth and St.
Anthony's then not proceed with the Campus Project;
WHEREAS, St. Anthony's wishes to delay the expenditure of the street vacation fee until
a point closer in time to actual initiation of construction;
WHEREAS, St. Anthony's wishes to assure future development of its Renton property;
WHEREAS, the Renton City Council, at its regular meeting on April 23, 2001, stated its
intention of granting the requested street and alley vacation, and on July 15, 2002, the Renton
City Council by unanimous vote approved entry into a form of Development Agreement
incorporating the terms herein; and
WHEREAS, on July 16, 2002, St. Anthony's withdrew land use applications for a rectory
to be located at 215 Whitworth Avenue as was requested by the City Council;
NOW THEREFORE, in consideration of the promises, covenants and provisions set forth
herein, the receipt and adequacy of which consideration is hereby acknowledged, the parties
agree as follows:
AGREEMENT
1.0 STREET VACATION PROCESS
1.1 Street Vacation Contingent on Permits. The Campus Project includes a major
structure which occupies the current location of the right-of-way of Whitworth Avenue. The
administration of Renton will prepare and present an ordinance vacating the requested portions
of Whitworth Avenue and the alley(s) to the Renton City Council for reading and adoption at the
first available date at the time that building permits are ready to be issued.
1.2 Payment of Compensation. Prior to the adoption of the vacation ordinance, for
example, at the time the vacation ordinance is noted for presentation, St. Anthony's shall pay to
the City the amount of compensation due as determined by the City Council, pursuant to state
law, but in no event more than the full appraised value of the vacated property, as adjusted herein
for other dedications. The appraisal process and other street vacation processes may begin as
soon as this Development Agreement is executed.
1.3 Utilities. The parties agree that there are currently significant municipal utilities
within the right-of-way of Whitworth Avenue. As part of the street vacation ordinance, the City
of Renton will retain a utility easement for those utilities, or that easement will be granted as part
of St. Anthony's development application, conditional use permit, or site plan approval, as may
be necessary, St. Anthony's may agree to reroute the utilities to a location that is acceptable to
the City of Renton so that the operation of the utilities is not more expensive to the City of
Renton, and such that the utilities function in an equivalent or better manner than those utilities
in the utilities' current location. Any utilities relocated onto private property shall be within a
dedicated easement in a form acceptable to the City of Renton. Any relocation, oversizing or
latecomers charges are governed by the City Code or applicable requirements and not by this
Development Agreement.
2
. 0
1.4 Reconveyance. Should the City of Renton adopt a street vacation ordinance, and
St. Anthony's begins construction, but does not follow through with the construction or takes
actions that would otherwise make the use of Whitworth by St. Anthony's unnecessary for the
Campus Project, and abandons those projects or make no progress upon them for a period of five
years after the street vacation ordinance is adopted, then St. Anthony's agrees that it will
reconvey the right-of-way of Whitworth Avenue, previously vacated by Renton, back to Renton
upon payment to St. Anthony's, by Renton, of a sum equal to the amount paid by St. Anthony's
as a fee for the street vacation (i.e., the appraised fair market value of the property, or portion of
the fair market value charged by the City for the street vacation), and St. Anthony's shall also
remove any partial construction that may exist and restore the street to its previously existing
condition. Provided however, that the five year progress period shall be tolled during any time
period during which St. Anthony's progress on the Campus Project is impeded due to third party
interference or delay, including appeals or litigation, Acts of God, or other events beyond the
reasonable control of St. Anthony's.
1.5 Exchange of Right -of -Way. Subject to approval of land use application file no.
LUA-02-054, and to provide for improved traffic circulation, St. Anthony's shall dedicate to
Renton four feet on the south side of the alley running east and west between Shattuck and
Whitworth, south of South 3rd Street, to provide an additional four feet of right-of-way, which
the City represents will then provide a total 24-foot wide alley right-of-way. St. Anthony's shall
further improve the alley to accommodate two lanes of traffic, by providing appropriate striping.
The value of the dedication of land shall be credited square foot by square foot against the value
of the alley vacation.
2.0 CONTINUING ACCESS ACROSS ST. ANTHONY'S CAMPUS.
2.1 North -South Driveway. The proposed first two phases of the Campus Project, as
shown in City land use application file no. LUA-02-054, include a driveway proceeding
generally north to south, along the to -be -vacated Whitworth Avenue, then west to east, then
north to south along the to -be -vacated alley area between and parallel to Whitworth and Morris
Avenues. The driveway location is not a public through street, but will not be gated unless
deemed necessary for security purposes. The parties acknowledge and agree that later phases of
the Campus Project or subsequent campus development during the term of this Agreement may
cause the driveway location and alignment to change.
2.2 North -South Pedestrian corridor. The first two phases of the Campus Project, as
shown in City land use application file no. LUA-02-054, include a pedestrian corridor adjoining
a driveway proceeding generally north to south, along the to -be -vacated Whitworth Avenue, then
west to east, then north to south again along the to -be -vacated alley area between and parallel to
Whitworth and Morris Avenues. A public pedestrian access easement will be granted to the City
and the City will be responsible for maintenance and repair of the sidewalk. The City of Renton
agrees to indemnify, defend, and hold St. Anthony's harmless from all claims, liens, losses,
liabilities, and causes of action for damages to property or personal injury resulting from actions
or omissions of the City, its employees, agents, contractors, or representatives arising from the
use and development of the aforementioned sidewalk. The City of Renton's indemnification
obligations survive termination or expiration of any other elements of this Agreement. The
3
parties acknowledge and agree that later phases of the Campus Project or subsequent campus
development during the term of this Agreement may cause the pedestrian corridor location and
alignment to change and agree that the pedestrian access easement may be temporarily
suspended during later construction and relocated.
2.3 Neighboring Access and Parking. As conditioned herein, St. Anthony's shall
provide the Zerbato family with a twenty -foot wide easement coextensive with the general
location of the North -South driveway described in section 2.1. St. Anthony's shall grant an
easement allowing parking in 5 stalls of off street parking adjacent to the Zerbato property for
the Zerbato property's employee and customer parking, in the general location shown on Exhibit
"B". This driveway and parking easement shall be extinguished if the property owner of the
Zerbato parcel states in writing that the owner no longer wants such an easement or the Zerbato
parcel is sold. The 5 parking stalls will be signed to allow usage by the Zerbato businesses
during weekday business hours.
3.0 ADDITIONAL PROPERTY & USES
3.1 Allowed Expansion. This Development Agreement will expand to cover any
property within the Bounded Property that is acquired by St. Anthony's. When additional land
within the Bounded Property is acquired, the parties agree to execute an addendum to this
Development Agreement to add those lands to the property description provided in Exhibit A.
3.2 Different Uses. This Development Agreement does not apply to and does not
limit the ability of St. Anthony's or other affiliated organizations to acquire lands outside the
Bounded Property, including lands within the City's current Center Downtown District, for other
primary uses, including but not limited to residences, senior housing, low-income housing, and
nursing services.
3.3 Disallowed Expansion. St. Anthony's Parish will limit its development of church,
school, and social outreach uses in the current "Center Downtown District" to the Bounded
Property; provided however, that St. Anthony's may hold title to additional property within the
Center Downtown District, including property acquired by gift, donation or devise, so long as the
Parish or Archdiocese does not seek land use entitlements for church, school, and social outreach
uses for any property that is outside the Bounded Property.
3.4 Transitional Uses. As St. Anthony's Parish prepares the Bounded Property for
future development, it may be necessary to situate existing or approved uses in transitional
locations within the Bounded Property that were not specified under the Conditional Use Permit,
City Land Use application file no. LUA-02-054, granted by the City or subsequent Conditional
Use Permits. In such instances, St. Anthony's shall be required to obtain a Temporary Use
Permit to confirm the specific use and location. The term of any Temporary Use Permit shall be
determined by the City with reference to the time required to complete development work
necessitating the relocation of the use. Nothing in this provision shall be construed to require
additional land use entitlements for church-, school-, or social outreach -related uses that do not
require construction of new, or expanded or remodeled buildings, regardless of their location
within the Bounded Property.
C!
4.0 PARKING
4.1 Increase in Number of Spaces. After completion of Phase I of the Campus
Project, St. Anthony's will have approximately 230 parking spaces on its land within the
Bounded Property. The parties agree that this is a significant increase from the 112 spaces
currently provided on -site (this 112 total includes 15 spaces on the portion of Whiteworth
Avenue to be vacated). Accordingly, the parties agree that after the completion of Phase I, the
available on -site parking for the Parish will have markedly improved.
4.2 Parking Management. This agreement does not preclude the City from requesting
development and implementation of a parking management plan if necessary to accommodate
parking demand created by approval of future land use entitlements for new or expanded uses
within the Bounded Property.
5.0 VESTING
5.1 Vested Rights for Future Development. During the term of this Development
Agreement, St. Anthony's shall have the right to develop lands within the Bounded Property in
accordance with the City of Renton ordinances and regulations in effect on the date of this
agreement, including but not limited to, parking requirements and permit procedures, but
excepting any applicable impact, mitigation and permit fees, Uniform Fire Codes, Uniform
Building Codes, similar fire and building codes, and City ordinances implementing fire and
building codes, or other regulations necessary to protect public health, safety, and welfare.
5.2 Agreement to Conceptual Plan. The City agrees that future phases of
development for the Campus Project including an expanded church, a rectory with public spaces,
and redevelopment of the existing school building are appropriate for the Bounded Property, but
that new or expanded buildings for church, school, or social outreach uses are subject to
subsequent detailed permit review. No permit level approval is granted by this Agreement. St.
Anthony's agrees that, as part of a later phase of development, the school portables will be
removed from the campus. The parties acknowledge and agree that the term of this
Development Agreement may exceed the Parish's current 20-year plans for development, and
that the Parish's plans are conceptual and, therefore, St. Anthony's may request development
approvals for projects different from or in addition to the development generally described above
and nothing in this Development Agreement prohibits such a request.
5.3 Optional Vesting. If a City policy, or zoning or development regulation is
amended that eases development requirements within the Bounded Property, then St. Anthony's
has the right to opt to apply the revised regulations to future development applications.
6.0 STRUCTURE DESIGN
6.1 Structure Design for Phase I and II of the Campus Project. Development of new
buildings implementing Phase I and II of the Campus Project/20-year Master Plan that is
approved for the Bounded Property under City Land Use application file no. LUA-02-054 shall
be constructed with appropriate footings and foundations capable of supporting additional stories
allowed under the City's codes for the primary school and assembly uses contained in those new
buildings, under the parish's planned construction method.
7.0 TERM AND AMENDMENT
7.1 Effective Date and Term. This Development Agreement is effective as of the last
date executed below and for twenty-five (25) years thereafter.
7.2 Termination Upon Land Transfer. This Development Agreement shall terminate
as to any portions of the Bounded Property that St. Anthony's ceases to own and transfers to any
entity not affiliated with St. Anthony's church, school, and social outreach services.
7.3 Amendment. This Development Agreement may be amended at any time upon
mutual agreement of the parties. The parties specifically agree to meet in good faith to review
the Agreement for appropriate amendments upon the tenth (loth), and twentieth (20th)
anniversaries of the Agreement. In addition, if the Center Downtown zoning designation is
revised to call for less intense development on the Bounded Property or other lands within the
Center Downtown zone, then the parties agree to a good faith review of the Development
Agreement for appropriate amendments.
8.0 AUTHORITY TO APPROVE AGREEMENT
8.1 All signing parties represent and warrant that they have taken all necessary steps
to authorize such act and that execution of this Development Agreement is authorized by RCW
36.70B.170 and is valid and binding for all purposes, subject only to subsequent appeals, if any,
filed in accordance with RCW 36.70B.200.
9.0 GENERAL TERMS
9.1 Inte rg ation. This Development Agreement constitutes the entire agreement
between the parties, and no prior oral or written agreement shall be valid.
9.2 Venue and Governing Law. Venue for all disputes arising under or connected
with this Development Agreement shall be in the Superior Court for King County. This
Development Agreement shall be governed and interpreted in accordance with Washington law.
9.3 No Waiver of Police Power or Condemnation Authority. The City does not waive
its police power or condemnation authority by entering into this Development Agreement, except
as provided by RCW 36.70B.170 et seq.
no
9.4 Attorneys Fees. In any action arising under or related to this Development
Agreement, the prevailing party shall be entitled to be paid its reasonable attorneys fees,
expenses, and costs by the non -prevailing party.
9.5 Severability. If any section, sentence, clause, or portion of this Development
Agreement is declared unlawful or unconstitutional for any reason, the remainder of this
Development Agreement shall continue in full force and effect.
7
// YA-
Dated this _4�_ day of March, 2003.
The Corporation of the Catholic Archbishop of Seattle, a corporation sole
B,�---� -
Its: ursel n-Fact
By:
Its:
City of Renton
Jesse Tanner, Mayor V
1
SEAL
Attest.
By: &A4U- .'J 0Q9&Y%—;
Bonnie I. Walton; City Clerk
On this day, personally appeared before me;�;.� .,� J�..- , who
is the ;, �_Q ���; �"e, of The Corporation of the Catholic Archbishop of
Seattle, a corpo ation sole, to me known to be the individuals described in and who executed the
foregoing instrument and acknowledged that he/she signed the same as his/her free and voluntary
act with authorization of and on behalf of St. Anthony's Church and the Archdiocese of Seattle.
Given under my hand and seal this,!!2�''day of March, 2003.
01V�'�L,,
- pip '�, cp►
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?iOb
►�i 00WA
No y Plzbli i and for the State of Washington
residing at e ?,2
My appointment expires:
On this day, personally appeared before me, , who
is the of The Corporation of the Catholic Archbishop of
Seattle, a corporation sole, to me known to be the individuals described in and who executed the
foregoing instrument and acknowledged that he/she signed the same as his/her free and voluntary
act with authorization of and on behalf of St. Anthony's Church and the Archdiocese of Seattle.
Given under my hand and seal this day of March 2003.
Notary Public in and for the State of Washington
residing at
My appointment expires:
Now comes the Honorable Jesse Tanner who is the Mayor of the City of Renton and
states that he executed the foregoing instrument and acknowledged that he signed the same as his
free and voluntary act on behalf of the City of Renton.
Given under my hand and seal this day of March, 2003.
Al
G'c�s�oN ��UMLagti.le /� Z a ma /7;✓D
NpTARY�'N
: a® otary Publi n and for the tate of Washington
i U Cns residing at
-�C My appointment expires:
V*—j
0j
EXHIBIT A
TO: Catholic Archbishop Property
910 Marion Street
Seattle, WA 90104
Attu+ Paula Marter
Ref.# Renton Property
2IS Columbia Street
Seattle, Washington
99104
SUPPLSMSNTAL REPORT #1
PM Order Number: 473062
The following. matters affect the property covered by this order:
• The legal description has been amended to read as follows:
PARCEL 1:
Lots 4. 5, 6, and 7, Block 35, Smithers Second Addition to the Town
of Renton. according to the plat thereof recorded in Volume 10 of
Plats, page 28, in King County, Washington.
PARCEL 2:
The portion of Lot 8. Block 35, Smithers Second Addition to the Town
of Renton, according to the plat thereof recorded in volume 10 of
Plats. page 28, in King County, Washington, described as follows:
Beginning at the northwest corder of said Lot 8;
Thence north 69*47' east 120.00 feet;
-Thence south 00013' east.20.00 feetr
ibence south 65.33,200 west 21.93 feet;
Thence south 89.47' west 100.00 feet;
Thence north 00013' west 29.00 feet to the point of beginning.
PARCEL 3:
Lots 8 and 9, Block 35, Smithers Second Addition to the Town of
Renton, according to the plat thereof recorded in Volume 10 of
Plats, page 28, in King County, Washington;
EXCEPT that portion of Lot 8, described as follows:
(continued)
SUPPLEMENTAL TITLE REPORT
Page 2
Order No. 473062
Beginning at the northwest corner of said Lot 8;
Thence running east along the northerly boundary thereof to the
northeast corner of said Lot 0;
Thence south 00013' east 20 feet along the easterly boundary of said
Lot 8;
Thence south 65*33120• west 21.93 feet;
Thence south 89.471. West 100 feet to the westerly boundary of said
Lot'B;
Thence northerly along the westerly boundary of said Lot 8-to the
point of beginning of this exception.
PARCEL 4:
Lot 9, Block 1, Smithery Fourth Addition to the Town of Renton.
according to the plat thereof recorded in volume 11 of Plats,
page 19, in King County. Washington.
PARCEL 5:
Lot 10, Block 1, Smithery Fourth Addition to the Town of Renton,
according to the plat thereof recorded in Volume 11 of Plata,
page 19, in King County, Washington.
PARCEL G.-
Lot 11, Block 1. Smithers Fourth Addition to the Town of Renton,
according to'the plat thereof recorded in Volume 11 of Plats,
page 19, in King County, Washington.
PARCEL 7:
Lot 12, Block 1. Smithery Fourth Addition to the Town of Renton,
according to the plat thereof recorded in Volume 1i.of plats,
page 19,'in King County, Washington.
PARCEL 8:
Lot 13 and the north half of the north 20 feet of Lot 14, Block 1,
Smithery Fourth Addition to the Town of Renton, according to the
plat thereof recorded in Volume 11 of Plate, page 19. in King
County, Washington.
(continued)
SUPPLEMENTAL TITLE REPORT
Page 3
PARCEL 9:
Order No. 473062
The south 30 feet of Lot 14 and all of Lots 15, 16, 17, 18 and 19,
Block 1, Smithers Fourth Addition to the Town of Renton, according
to the plat thereof recorded in Volume 11 of Plata. page 19, in Icing
County, Washington;
EXCEPT those portions of Lots 15 and 16, conveyed to the City of
Renton, for roads, by deeds recorded under King County Recording
Numbers 730518OS16 and 7305180517.
onvrFr. 1 n .
Lots 7, 8, 9, 10,, 11, 12, 13, 14, and 15, Block. 1. Smithers Fifth
Addition to the Town of Renton, according to the plat thereof
recorded in volume 16 of Plats, page 33 in King County, Washington;
EXCEPT that portion of Lot 1S conveyed to the City of Renton, for
road, by deed recorded under King County Recording Number
7305180518;
TOGETHER WITH that portion of vacated alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4883,
recorded under King County Recording Number 20010117001672.
PARCEL 11:
Lots 16 and the south half of Lot 17, Block 1, Smithers Fifth
Addition to the Town of Renton, according to the plat thereof
recorded in Volume 16 of Plata, page 33, in King County, Washington;
EXCEPT that portion of Lot 16 conveyed to the City of Renton. for
road, by deed recorded under King County Recording Number
7305180515:
TOGS MR WITH that portion of vacated alley adjacent, which attached
by operation of law., by. City of Renton Ordinance Number 4883,
recorded under King County Recording Number 2001011.7001672.
PARCEL 12:
The north half of Lot 17 and all of Lot 16, Block 1, Smithers Fifth
Addition to the Town of Renton, according to the plat thereof
recorded in Volume 16 of Flats, page 33, in King County, Washington;
TOGETHER WITH that portions of vacated. alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4883,
recorded under King County Recording Number 20010117001672.
(continued)
SUPPLEMENTAL TITLE REPORT ""
Page 4
PARCEL 13e
Order No. 473062
Lots 19 and 20. clock 1, Smithers Fifth Addition to the Town of
Renton, according to the plat thereof recorded in Volume 16 of
Plate, page 33, in King County. Washington;
TOGSTHER.WITH that portion of vacated alley adjacent, which attached
by operation or law, by city of Renton ordinance Number 4883.
recorded under King County Recording Number 20010117001672.
PARCEL 14:
Lots 21 and 22, Block 1. Smithers Fifth Addition to the Town of
Renton, according to the plat thereof recorded in Volume 16 of
Plate, page 33, in King County, Washington;
TOGETHER WITH that portion of vacated alley adjacent, which• attached
by operation of law, by City of Renton Ordinance Number 4883.
recorded under King County Recording Number 20010117001672.
PARCEL 15:
Lot 23, Block 1. Smithers Fifth Addition to the Town of Renton,
according to the plat thereof recorded in volume It of plats.
page 33. in King County, Washington;
TOGETHER WITH that portion of vacated alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4883,
recorded under King County Recording Number 20010117001672.
PARCEL 16:
Lot 24, Block 1, Smithers Fifth Addition to the Town of Renton,
according -to_ the plit thereof 'recorded .in volume 16_ of . Plats;
page 33, in icing County, Washington;
TOGETHER WITH that portion of vacated alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4883,
recorded under King County Recording Number 20010117001672.
Except as to the matters reported hereinabove, the title to the
property covered by this order has NOT been re-examined
Dated as of April 25, 2002 at 8!00 a.m.
PACIFIC NOR17MST TITLE COMPANY
Hy: Marilyn Sanden
NS02 Title Officer
Phone 2iumber: 206-343-1345
PACIFIC NORTHWEST TITLE COMPANY
OF WASHINGTON, INC.
215 Columbia Street
Seattle, Washington 98104-1511
Senior Title Officer, Marilyn Sanden (marilynsanden@pnwt.com)
Senior Title Officer, Bob Curtis (bobcurtis@pnwt.com)
Senior Title Officer, Georgean Moore (georgeanmooreopnwt.cam)
Assistant Title Officer, Debby Bigelow (debbybigelow@pnwt.com)
Unit No. 2
FAX No. (206)343-8400
Telephone Number (206)343-1345
Pacific Northwest Title
215 Columbia Street Title Order No.: 460265
Seattle, WA 98104-IS11
Attention: Dian
Your Ref.: 41068676
A. L. T. A. COMMITMENT
SCHEDULE A
Effective Date: November 28, 2001, at 8:00 a.m.
1. Policy(ies) to be issued:
ALTA Owner's Policy Amount $ 242,500.00
Standard (X) Extended ( ) Premium $ 945.00
Tax (8.8%-) $ 83.16
Proposed Insured:
CORPORATION OF THE CATHOLIC ARCH BISHOP FO SEATTLE
NOTE: IF.EXTENDED COVERAGE FOR OWNERS.OR LENDERS WILL BE REQUIREp
FOR A PENDING TRANSACTION, PLEASE NOTIFY. US* AT LEAST ONE WEEK PRIOR
TO CLOSING SO THAT WE MAY INSPECT THE PREMISES.
2. The Estate or interest in the land described herein and which is
covered by this commitment is fee simple.
3. The estate or interest referred to herein is at Date of Commitment
vested in:
ALBERT W. FINSETH, as his separate estate
4: The land referred to in this commitment is situated in the State of
Washington, and described as follows:
As on Schedule A, page-2, attached.
A.L.T.A. COMMITMENT Order No. 460265
SCHEDULE A
Page 2.
The land referred to in this commitment is situated in the State of
Washington, and described as follows:
Lot 21, Block 1, Smither's 4th Addition to the Town of Renton,
according to the plat thereof recorded in Volume 11 of Plats, page
19, in King County, Washington.
END OF SCHEDULE A
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated
legal description is not a substitute.for a complete legal description
within the body of the document.
Lt 21, Blk 1., Smitherls 4th Addition to the Town of Renton,- V11/P19
PACIFIC - NORTHWEST TITLE COMPANY
OF WASHINGTON, INC.
215 Columbia Street
Seattle, Washington 98104-1511
Senior Title Officer, Marilyn Sanden (marilynsandenerpnwt.com)
Senior Title Officer, Bob Curtis (bobcurtis®pawt.com)
Senior Title Officer, Georgean Moore (georgeanmoore9pnwt,com)
Assistant Title Officer, Debby. Bigelow (debbybigelowQpnwt.com)
Unit No. 2
FAX No. (206)343-8400
Telephone Number (206)343-1345
Pacific Northwest Title
215 Columbia Street
Seattle, WA 98027
Attention: Dale
Your Ref.: Bereiter
Title Order No.: .460264
A. L. T. A. COMMITMENT
SCHEDULE A
Effective bate: November 28, 2001, at 8:00 a.m.
1. Policy(ies) to be issued:
ALTA Owner's Policy Amount $ 242,500.00
Standard (X) Extended ( ) Premium $ 945.00
Tax (8.84) $ 83.16
Proposed Insured:
CORPORATION OF THE CATHOLIC ARCH BISHOP OF SEATTLE
NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED
FOR A PENDING TRANSACTION, PLEASE• NOTIFY' US AT LEAST••ONE WEEK PRIOR
TO CLOSING SO TF)'AT WE MAY INSPECT THE PREMISES.
2: The Estate or interest in the land described herein and which is.
covered by this commitment is fee simple.
3. The estate or interest referred -to herein is at .Date of Commitment
vested in:
ALBERT W. FINSETN, as his separate estate
4. The land referred to in this commitment is situated in the State of
Washington, and described as follows:
As on Schedule A, page 2, attached.,
A.L. T.A. COMMITMENT Order No. 460264
SCHEDULE A
Page 2
The land referred to in this ccmmitmeat is situated in the state of
Washington, and described as follows:
Lot 22, Block 1, Smither's 4th Addition to the Town of Renton,
according to the plat thereof recorded in Volume 11 of Plats,
19, in Icing County, Washington, page
END OF SCHEDULE A
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated
legal description is not a substitute for a complete legal description
within the body of the document.
Lt 22, Blk 1, Smither's 4th Addition to the Town of Renton, V11/P19
.. • , • i'\ Alt
EXHIBIT B
I
ZERBATO
SPACES
Return Address:
City Clerk's office
City of Renton
4 1055 S. Grady Way
Renton WA 98055
20030514000836
i�s.ga �;iri; 37.00
o,...._-..A—t—tvnn inf—ntinn WASNTNGTnN STATE RECORDER'S Cover Sheet (RCw 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
City of Renton Development Agreement concerning
s
1. Whitworth St Vac & St Anthony's PeXish
3, including Exhibit A 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) (Last name, first name, initials)
1. St Anthony's Pariah
2.
Additional names on page of document.
Grantee(s) (Last name first, then first name and initials)
I. City of Renton
2.
Additional names on page of document.
Legal .description (abbreviated: i.e. lot, block, plat or section, township, range)
The following matters affo-dt the property covered
Additional legal is on page _ j o of document.
A $es or's Property Tax Parcel/Account Number• El Assessor Tax # not yet assi d
7i41 0-0080
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the docu ent to.
verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an aaamonai iee as proviuc r illyy
36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document."
Signature of Requesting
I
i
i
V V
CITY OF RENTON DEVELOPMENT AGREEMENT CONCERNING WHITWORTH
STREET VACATION AND ST. ANTHONY'S PARISH
003 This Development Agreement is made and entered into this day of ,
4002 by and between the City of Renton, a Washington municipal corporation ("City" or
"Renton"), and St. Anthony's Parish, through The Corporation of the Catholic Archbishop of
Seattle, a corporation sole ("St. Anthony's").
RECITALS
WHEREAS, St. Anthony's Parish first was sited and has existed in the same general
location since .1905;
WHEREAS, St. Anthony's now is the owner of most of the property informally
described as follows and designated as the "Bounded Property": (A) multiple parcels bounded
by, on the east Morris Ave. S., on the west Shattuck Ave. S., on the north the alley between
South P and South 4th Streets, and on the south, South 4th Street, and (B) multiple parcels
currently developed with the Parish Social Hall located at South 4th Street and Morris Ave. S (the
"Bounded Property"); �{
WHEREAS, the Bounded Property lies within the Center Downtown District of Renton,
generally bordered by on the east I-405, on the west Shattuck Ave. S., on the north Airport Ways,
and the Cedar River, and on the south Houser Way. This Development Agreement applies to;
those portions of the "Bounded Property" owned by St. Anthony's and is intended to expand to
cover any parcels within the Bounded Property that are subsequently acquired by St. Anthony's.
A formal legal description of the property within the Bounded Property that is owned by St.
Anthony's is attached and incorporated in full as Exhibit A;
WHEREAS, St. Anthony's has approached Renton requesting that Renton vacate a`
portion of Whitworth Avenue north of South 4th Street, where Whitworth bisects church property
and vacate an associated alley (hereafter collectively referred to for ease as the vacation of
"Whitworth"); Y.
WHEREAS, St. Anthony's is proposing a twenty-year project on the proposed church
campus, to be accomplished in four phases (the "Campus Project");
WHEREAS, before proceeding with the Campus Project, St. Anthony's wishes assurance' �t,',a+,•, .
from Renton that the necessary Whitworth right-of-way will be vacated so that St. Anthony's cant,
have a unified campus;"
WHEREAS, Renton wishes to keep Whitworth open for circulation as long as possible,
to delay the closure of that street until such time as construction is imminent and to provide for
reconveyance of title to Renton, should it vacate the right-of-way of Whitworth and St. r
Anthony's then not proceed with the Campus Project;
1
WHEREAS, St. Anthony's wishes to delay the expenditure of the street vacation fee until
a point closer in time to actual initiation of construction;
WHEREAS, St. Anthony's wishes to assure future development of its Renton property;
WHEREAS, the Renton City Council, at its regular meeting on April 23, 2001, stated its
intention of granting the requested street and alley vacation, and on July 15, 2002, the Renton
City Council by unanimous vote approved entry into a form of Development Agreement
incorporating the terms herein; and
WHEREAS, on July 16, 2002, St. Anthony's withdrew land use applications for a rectory
to be located at 215 Whitworth Avenue as was requested by the City Council;
NOW THEREFORE, in consideration of the promises, covenants and provisions set forth
herein, the receipt and adequacy of which consideration is hereby acknowledged, the parties
agree as follows:
AGREEMENT
1.0 STREET VACATION PROCESS
1.1 Street Vacation Contingent on Permits. The Campus Project includes a major
structure which occupies the current location of the right-of-way of Whitworth Avenue. The
administration of Renton will prepare and present an ordinance vacating the requested portions-'.,
of Whitworth Avenue and the alley(s) to the Renton City Council for reading and adoption at the
first available date at the time that building permits are ready to be issued.
1.2 Payment of Compensation. Prior to the adoption of the vacation ordinance, for
example, at the time the vacation ordinance is noted for presentation, St. Anthony's shall pay to
the City the amount of compensation due as determined by the City Council, pursuant to state
law, but in no event more than the full appraised value of the vacated property, as adjusted herein
for other dedications. The appraisal process and other street vacation processes may begin as
soon as this Development Agreement is executed.
1.3 Utilities. The parties agree that there are currently significant municipal utilities
within the right-of-way of Whitworth Avenue. As part of the street vacation ordinance, the City
of Renton will retain a utility easement for those utilities, or that easement will be granted as part
of St. Anthony's development application, conditional use permit, or site plan approval, as may
be necessary, St. Anthony's may agree to reroute the utilities to a location that is acceptable to
the City of Renton so that the operation of the utilities is not more expensive to the City of
Renton, and such that the utilities function in an equivalent or better manner than those utilities
in the utilities' current location. Any utilities relocated onto private property shall be within a
dedicated easement in a form acceptable to the City of Renton. Any relocation, oversizing or
latecomers charges are governed by the City Code or applicable requirements and not by this
Development Agreement.
®i
2
1.4 Reconveyance. Should the City of Renton adopt a street vacation ordinance, and
St. Anthony's begins construction, but does not follow through with the construction or takes
actions that would otherwise make the use of Whitworth by St. Anthony's unnecessary for the
Campus Project, and abandons those projects or make no progress upon them for a period of five
years after the street vacation ordinance is adopted, then St. Anthony's agrees that it will
reconvey the right-of-way of Whitworth Avenue, previously vacated by Renton, back to Renton
upon payment to St. Anthony's, by Renton, of a sum equal to the amount paid by St. Anthony's
as a fee for the street vacation (i.e., the appraised fair market value of the property, or portion of
the fair market value charged by the City for the street vacation), and St. Anthony's shall also
remove any partial construction that may exist and restore the street to its previously existing
condition. Provided however, that the five year progress period shall be tolled during any time
period during which St. Anthony's progress on the Campus Project is impeded due to third party
interference or delay, including appeals or litigation, Acts of God, or other events beyond the
reasonable control of St. Anthony's.
1.5 Exchange of Right -of -Way. Subject to approval of land use application file no.
LUA-02-054, and to provide for improved traffic circulation, St. Anthony's shall dedicate to
Renton four feet on the south side of the alley running east and west between Shattuck and
Whitworth, south of South 3rd Street, to provide an additional four feet of right-of-way, which
the City represents will then provide a total 24-foot wide alley right-of-way. St. Anthony's shall
further improve the alley to accommodate two lanes of traffic, by providing appropriate striping.
The value of the dedication of land shall be credited square foot by square foot against the value
of the alley vacation.
2.0 CONTINUING ACCESS ACROSS ST. ANTHONY'S CAMPUS.
2.1 North -South Driveway. The proposed first two phases of the Campus Project, as
shown in City land use application file no. LUA-02-054, include a driveway proceeding
generally north to south, along the to -be -vacated Whitworth Avenue, then west to east, then
north to south along the to -be -vacated alley area between and parallel to Whitworth and Morris
Avenues. The driveway location is not a public through street, but will not be gated unless
deemed necessary for security purposes. The parties acknowledge and agree that later phases of
the Campus Project or subsequent campus development during the term of this Agreement may
cause the driveway location and alignment to change.
2.2 North -South Pedestrian corridor. The first two phases of the Campus Project, as
shown in City land use application file no. LUA-02-054, include a pedestrian corridor adjoining
a driveway proceeding generally north to south, along the to -be -vacated Whitworth Avenue, then
west to east, then north to south again along the to -be -vacated alley area between and parallel to
Whitworth and Morris Avenues. A public pedestrian access easement will be granted to the City
and the City will be responsible for maintenance and repair of the sidewalk. The City of Renton
agrees to indemnify, defend, and hold St. Anthony's harmless from all claims, liens, losses,
liabilities, and causes of action for damages to property or personal injury resulting from actions
or omissions of the City, its employees, agents, contractors, or representatives arising from the
use and development of the aforementioned sidewalk. The City of Renton's indemnification
obligations survive termination or expiration of any other elements of this Agreement. The
parties acknowledge and agree that later phases of the Campus Project or subsequent campus
development during the term of this Agreement may cause the pedestrian corridor location and
alignment to change and agree that the pedestrian access easement may be temporarily
suspended during later construction and relocated.
2.3 Neighboring Access and Parking. As conditioned herein, St. Anthony's shall
provide the Zerbato family with a twenty -foot wide easement coextensive with the general
location of the North -South driveway described in section 2.1. St. Anthony's shall grant an
easement allowing parking in 5 stalls of off street parking adjacent to the Zerbato property for
the Zerbato property's employee and customer parking, in the general location shown on Exhibit
"B". This driveway and parking easement shall be extinguished if the property owner of the
Zerbato parcel states in writing that the owner no longer wants such an easement or the Zerbato
parcel is sold. The 5 parking stalls will be signed to allow usage by the Zerbato businesses
during weekday business hours.
3.0 ADDITIONAL PROPERTY & USES
3.1 Allowed Expansion. This Development Agreement will expand to cover any
property within the Bounded Property that is acquired by St. Anthony's. When additional land
within the Bounded Property is acquired, the parties agree to execute an addendum to this
Development Agreement to add those lands to the property description provided in Exhibit A.
3.2 Different Uses. This Development Agreement does not apply to and does not
limit the ability of St. Anthony's or other affiliated organizations to acquire lands outside the
Bounded Property, including lands within the City's current Center Downtown District, for other
primary uses, including but not limited to residences, senior housing, low-income housing, and
nursing services.
3.3 Disallowed Expansion. St. Anthony's Parish will limit its development of church,
school, and social outreach uses in the current "Center Downtown District" to the Bounded
Property; provided however, that St. Anthony's may hold title to additional property within the
Center Downtown District, including property acquired by gift, donation or devise, so long as the
Parish or Archdiocese does not seek land use entitlements for church, school, and social outreach
uses for any property that is outside the Bounded Property.
3.4 Transitional Uses. As St. Anthony's Parish prepares the Bounded Property for
future development, it may be necessary to situate existing or approved uses in transitional
locations within the Bounded Property that were not specified under the Conditional Use Permit,
City Land Use application file no. LUA-02-054, granted by the City or subsequent Conditional
Use Permits. In such instances, St. Anthony's shall be required to obtain a Temporary Use
Permit to confirm the specific use and location. The term of any Temporary Use Permit shall be
determined by the City with reference to the time required to complete development work
necessitating the relocation of the use. Nothing in this provision shall be construed to require
additional land use entitlements for church-, school-, or social outreach -related uses that do not
require construction of new, or expanded or remodeled buildings, regardless of their location
within the Bounded Property.
4
4.0 PARKING
4.1 Increase in Number of Spaces. After completion of Phase I of the Campus
Project, St. Anthony's will have approximately 230 parking spaces on its land within the
Bounded Property. The parties agree that this is a significant increase from the 112 spaces
currently provided on -site (this 112 total includes 15 spaces on the portion of Whiteworth
Avenue to be vacated). Accordingly, the parties agree that after the completion of Phase I, the
available on -site parking for the Parish will have markedly improved.
4.2 Parking Management. This agreement does not preclude the City from requesting
development and implementation of a parking management plan if necessary to accommodate
parking demand created by approval of future land use entitlements for new or expanded uses
within the Bounded Property.
5.0 VESTING
5.1 Vested Rights for Future Development. During the term of this Development
Agreement, St. Anthony's shall have the right to develop lands within the Bounded Property in
accordance with the City of Renton ordinances and regulations in effect on the date of this
agreement, including but not limited to, parking requirements and permit procedures, but
excepting any applicable impact, mitigation and permit fees, Uniform Fire Codes, Uniform
Building Codes, similar fire and building codes, and City ordinances implementing fire and
building codes, or other regulations necessary to protect public health, safety, and welfare.
5.2 Agreement to Conceptual Plan. The City agrees that future phases of
development for the Campus Project including an expanded church, a rectory with public spaces,
and redevelopment of the existing school building are appropriate for the Bounded Property, but
that new or expanded buildings for church, school, or social outreach uses are subject to
subsequent detailed permit review. No permit level approval is granted by this Agreement. St.
Anthony's agrees that, as part of a later phase of development, the school portables will be
removed from the campus. The parties acknowledge and agree that the term of this
Development Agreement may exceed the Parish's current 20-year plans for development, and
that the Parish's plans are conceptual and, therefore, St. Anthony's may request development
approvals for projects different from or in addition to the development generally described above
and nothing in this Development Agreement prohibits such a request.
5.3 Optional Vesting. If a City policy, or zoning or development regulation is
amended that eases development requirements within the Bounded Property, then St. Anthony's
has the right to opt to apply the revised regulations to future development applications.
5
6.0 STRUCTURE DESIGN
6.1 Structure Design for Phase I and II of the Campus Project. Development of new
buildings implementing Phase I and II of the Campus Project/20-year Master Plan that is
approved for the Bounded Property under City Land Use application file no. LUA-02-054 shall
be constructed with appropriate footings and foundations capable of supporting additional stories
allowed under the City's codes for the primary school and assembly uses contained in those new
buildings, under the parish's planned construction method.
7.0 TERM AND AMENDMENT
7.1 Effective Date and Term. This Development Agreement is effective as of the last
date executed below and for twenty-five (25) years thereafter.
7.2 Termination Upon Land Transfer. This Development Agreement shall terminate
as to any portions of the Bounded Property that St. Anthony's ceases to own and transfers to any
entity not affiliated with St. Anthony's church, school, and social outreach services.
7.3 Amendment. This Development Agreement may be amended at any time upon
mutual agreement of the parties. The parties specifically agree to meet in good faith to review
the Agreement for appropriate amendments upon the tenth (10t''), and twentieth (20t'')
anniversaries of the Agreement. In addition, if the Center Downtown zoning designation is
revised to call for less intense development on the Bounded Property or other lands within the
Center Downtown zone, then the parties agree to a good faith review of the Development
Agreement for appropriate amendments.
8.0 AUTHORITY TO APPROVE AGREEMENT
8.1 All signing parties represent and warrant that they have taken all necessary steps
to authorize such act and that execution of this Development Agreement is authorized by RCW
36.70B.170 and is valid and binding for all purposes, subject only to subsequent appeals, if any,
filed in accordance with RCW 36.70B.200.
9.0 GENERAL TERMS
9.1 Integration. This Development Agreement constitutes the entire agreement
between the parties, and no prior oral or written agreement shall be valid.
9.2 Venue and Governing Law. Venue for all disputes arising under or connected
with this Development Agreement shall be in the Superior Court for King County. This
Development Agreement shall be governed and interpreted in accordance with Washington law.
9.3 No Waiver of Police Power or Condemnation Authority. The City does not waive
its police power or condemnation authority by entering into this Development Agreement, except
as provided by RCW 36.70B.170 et seq.
31
9.4 Attorneys Fees. In any action arising under or related to this Development
Agreement, the prevailing party shall be entitled to be paid its reasonable attorneys fees,
expenses, and costs by the non -prevailing party.
9.5 Severability. If any section, sentence, clause, or portion of this Development
Agreement is declared unlawful or unconstitutional for any reason, the remainder of this
Development Agreement shall continue in full force and effect.
7
// '`-
Dated this day of March, 2003.
The Corporation of the Catholic Archbishop of Seattle, a corporation sole
B
Its: P . SurselyAt�eenavd�-F
LIM
Its:
City of Renton
By:
r esse Tanner, Mayor
Attest
By: '%J. kiLlg&�4�
Bonnie I. Walton,: City °Clerk
JG
SEAL
On this day, personally appeared before mq , who
is the of The Corporation of the Catholic chbishop of
Seattle, a corpo ation sole, to me known to be the individuals described in and who executed the
foregoing instrument and acknowledged that he/she signed the same as his/her free and voluntary
act with authorization of and on behalf of St. Anthony's Church and the Archdiocese of Seattle.
Given under my hand and seal this day of March, 2003.
GUPj.0��
oN O a� D1 N No ry P blic, i and for the State of Washington
u '� ;�s residingats�
� My appointment expires: -� 11-D6-
'q Q 37„pb
���� 00WAyN'o
On this day, personally appeared before me, , who
is the of The Corporation of the Catholic Archbishop of
Seattle, a corporation sole, to me known to be the individuals described in and who executed the
foregoing instrument and acknowledged that he/she signed the same as his/her free and voluntary
act with authorization of and on behalf of St. Anthony's Church and the Archdiocese of Seattle.
Given under my hand and seal this day of March 2003.
Notary Public in and for the State of Washington
residing at
My appointment expires:
Now comes the Honorable Jesse Tanner who is the Mayor of the City of Renton and
states that he executed the foregoing instrument and acknowledged that he signed the same as his
free and voluntary act on behalf of the City of Renton.
Given under my hand and seal this _*day of March, 2003.
f, NEu4 M ichde. Ptu in a n n
� Eto'•,5k. I
01 o NOTARY �m : 0� Notary Publi n a d for the tate of Washington
U � : residing at
PUBL�G ; My appointment expires:
���t`�;•.•899ph.
q�
111,'V OF .
9
EXHIBIT A
TO: Catholic Archbishop Property
910 Marion Street
Seattle, WA 98104
Attns Paula Harter
Ref.4 Renton Property
PAOnC NOMwwesrTtnc
215 Coluahia Street
Seattle, Washington
96104
SUPPLEMENTAL REPORT #1
PNWT Order Number: 473062
The following matters affect the property covered by this order-
0 The legal description has been amended to read as follows:
PARCEL 1:
Lots 4, 5, 6, and 7, Block 35, Smithers Second Addition to the Town
of Renton, according to the plat thereof recorded in Volume 10 of
Plats, page 28. in King County, Washington.
PARCEL 2:
The portion of Lot 8. Block 35, Smithers Second Addition to the Town
of Renton, according to the plat thereof recorded in Volume 10 of
Plats, page 28, in King County, Washington. dencribed.as follower
Beginning at the northwest corner of said Lot 8;
Thence north 69*47' east 120.00 feet;
-Thence south 00013' east.20.00 feet;
Thence south 65033,200 west 21.93 feet;
Thence south 89*47' west 100.00 feet;
Thence north 00*13' west 29.00 feet to the point of beginning.
PARCEL 3:
Lots 8 and 9. Block 35, Smithers Second Addition to the Town of
Renton, according to the plat thereof recorded in Volume 10 of
Plats, page 28, in King County, Washington;
EXCEPT that portion of Lot 8, described as follows -
(continued)
SUPPLEMENTAL TITLE REPORT
Page 2
Order No. 473062
Beginning at the northwest corner of said Lot e;
Thence running east along the northerly boundary thereof to the
northeast corner of said Lot 8;
Thence south 00.13' east 20 feet along the easterly boundary of said
Lot 8;
Thence south 6S'33,200 west 21.93 feet;
Thence south 89.471. west 100 feet to the westerly boundary of said
Lot 8;
Thence northerly along the westerly -boundary of said Lot 8-to the
point of beginning of this exception.
PARCEL 4:
Lot 9, Block 1, Smithere Fourth Addition to the Town of Renton,
according to the plat thereof recorded in volume 11 of Plats,
page 19, in King County. Washington.
PARCEL 5:
Lot 10, Block 1, Smithers Fourth Addition to the Town of Renton,
according to the plat thereof recorded in Volume 11 of Plats,
page 19, in King County, Washington.
PARCEL 6:
Lot 11, Block 1, Smithers Fourth Addition to the Town of Renton,
according to'the plat thereof recorded in volume it of Plats,
page 19, in King County, Washington.
PARCEL 7
Lot 12, Block 1, Smithers Fourth Addition to the Town of Renton,
according to the plat thereof recorded in Volume 11,0f Plats,
page 19,'in King County, Washington.
PARCEL 8:
Lot 13 and the north half of the north 20 feet of Lot 14, Block 1,
Smithers Fourth Addition to the Town of Renton, according to the
plat thereof recorded in Volume 11 of Plate, page 19, in icing
County, Washington.
(continued)
SUPPLEMENTAL THE REPORT
Page 3
PARCEL 9:
Order Ho. 473062
The south 30 feet of Lot 14 and all of Lots is, 16, 17, 18 and 19,
Block 1, Smithers Fourth Addition to the Town of Renton, according
to the plat thereof recorded in Volume 11 of plats, page 19, in Icing
County, Washington;
EXCEPT those portions of Lots 15 and 16. conveyed to the City of
Renton, for roads, by deeds recorded under King County Recording
Numbers 7305180516 and 7305200517.
PARCEL 10:
Lots 7, 8, 9, 10,. 11, 12, 13, 14, and 15, Block .1, Smithers Fifth
Addition to the Town of Renton, according to the plat thereof
recorded in Volume 16 of Plats, page 33 in King County, Washington;
EXCEPT that portion of Lot IS conveyed to the City of Renton, for
road, by deed recorded under King County Recording Number
7305180518;
TOGETHER VITA that portion of vacated alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4883,
recorded under King County Recording Number 20010117001672.
PARCEL 11:
Lots 16 and the south half of Lot 17, Block 1, Smithers Fifth
Addition to the Town of Renton, according to the plat thereof
recorded in Volume 16 of Plats, page 33, in King County, Washington;
EXCM that portion of Lot 16 conveyed to the City of Renton, for
road, by deed recorded under King County Recording Number
7305180515:
TOGETHER WITH that portion of vacated alley adjacent,.which attached
by operation of law, by. City of Renton Ordinance Number 4883,
recorded under King County Recording Number 20010117001672.
PARCEL 12:
The north half of Lot 17 and all of Lot 10, Block 1, Smithers Fifth
Addition to the Town of Renton, according to the plat thereof
recorded in Volume 16 of Plats, page 33, in icing County, Washington;
TOGETHER WITH that portion of vacated. alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4883,
recorded under King County Recording Number 20010117001671.
(continued)
SUPPLEMENTAL TITLE REPORT
Page 4
Order No. 473062
PARCEL 13e
Lots 19 and 20. Block 1, Smithers Fifth Addition to the Town of
Renton, according to the plat thereof recorded in Volume 16 of
Plate. page 33, in King County. Washington;
TOGETHER.WITH that portion of vacated alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4683,
recorded under Icing County Recording Number 20010117001672.
PARCEL 14:
Lots 21 and 22, Block 1. Smithers Fifth Addition to the Town of
Renton, according to the plat thereof recorded in Volume 16 of
Plate, page 33, in King County, Washington;
TOGETHER WITH that portion of vacated alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4883.
recorded under King County Recording Number 20010117001672.
PARCEL 15:
Lot 23, Block 1, Saaithe" Fifth Addition to the Town of Renton,
according to the plat thereof recorded in Volume 16. of plats.
page 33. in King County, Washington;
TOGETHER WITH that portion of vacated alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4883,
recorded under King County Recording Number 20010117001672.
PARCEL 16:
Lot 24, Block 1, Smithers Fifth Addition to the Town of Renton,
\ accoiding,to_the plit thereof recorded .in Volume iG_of.Plats,
/ page 33, in Xing County, Washington.
TOGETHER NITn that portion of vacated alley adjacent, which attached
by operation of law, by City of Renton Ordinance Number 4883,
recorded under King County Recording Number 20010117001672.
Except as to the matters reported hereinabove, the title to the
property covered by this order has NOT been re-examined
Dated as of April 25, 2002 at 8!00 a.m.
PACIFIC NORTRWEST TITLE COMPANY
By: Marilyn Sanden
XS02 Title Officer
Phone !lumber: 206-343-1345
PACIFIC NORTHWEST TITLE COMPANY
OF WASHINGTON, INC.
215 Columbia Street
Seattle, Washington 98104-1511
Senior Title Officer, Marilyn Sanden (marilynsandenapnwt.com)
Senior Title Officer, Bob Curtis (bobcurtis@pnwt.com)
Senior Title Officer, Georgean Moore (georgeanmoore®pnwt.cam)
Assistant Title Officer, Debby Bigelow (debbybigelow®pnwt.com)
Unit No. 2
FAX No. (206)343-8400
Telephone Number (206)343-1345
Pacific Northwest Title
215 Columbia Street
Seattle, WA 98104-1511
Attention: Dian
Your Ref.: 41068676
Title Order No.: 460265
A. L. T. A. COMMITMENT
SCHEDULE A
Effective Date: November 28, 2001, at 8:00 a.m.
1. Policy(ies) to be issued:
ALTA Owner's Policy Amount $ 242,500.00
Standard (X) Extended ( ) Premium $ 945.00
Tax (8.89j) $ 83.16
Proposed Insured:
CORPORATION OF THE CATHOLIC ARCH BISHOP FO SEATTLE
NOTE: IF.EXTENDED COVERAGE FOR OWNERS .OR LENDERS WILL BE REQUIRED
FOR A PENDING TRANSACTION, PLEASE NOTIFY.US'AT LEAST ONE WEEK PRIOR
TO CLOSING SO THAT WE MAY INSPECT THE PREMISES.
2. The Estate or interest in the land described herein and which is
covered by this commitment is fee simple.
3. The estate or interest referred to herein is at Date of Commitment
vested in:
ALBERT W. FINSETH, as his separate estate
4. The land referred to in this commitment is situated in the State of
Washington, and described as follows:
As on Schedule A, page-2, attached.
r
A.L.T.A. CO Order No. 460265
SCHEDULE A
Page 2.
The land referred to in this commitment is situated in the State of
Washington, and described as follows:
Lot 21, Block 1, Smither's 4th Addition to the Town of Renton,
according to the plat thereof recorded in volume 11 of Plats, page
19, in King County, Washington.
END OF SCHEDULE A
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated
legal description is not a substitute for a complete legal description
within the body of the document.
Lt 21, Blk 1, Smither's 4th Addition to the Town of Renton,• V11/P19
PACIFIC NORTHWEST TITLE COMPANY
OF WASHINGTON, INC.
215 Columbia Street
Seattle, Washington 98104-1511
Senior Title Officer, Marilyn Sanden (marilynsanden@pnwt.com)
Senior Title Officer, Bob Curtis (bobcnrtis®pnwt.com)
Senior Title Officer, Georgean Moore (georgeanmoore9pnwt,com)
Assistant Title Officer, Debby Bigelow (debbybigelow@pnwt.com)
Unit No. 2
FAX No. (206)343-8400
Telephone Number (206)343-1345
Pacific Northwest Title
215 Columbia Street
Seattle, WA 98027
Attention: Dale
Your Ref.: Bereiter
Title Order No.: .460264
A. L. T. A. COMMITMENT
SCHEDULE A
Effective Date: November 28, 2001, at 8:00 a.m.
1. Policy(ies) to be issued:
ALTA Owner's Policy Amount $ 242,500.00
Standard (X) Extended ( ) Premium $ 945.00
Tax (8.8%) $ 83.16
Proposed Insured:
CORPORATION OF THE CATHOLIC ARCH BISHOP OF SEATTLE
NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED
FOR A PENDING TRANSACTION, PLEASE• NOTIFY- US AT LEAS 7'ONE WEEK PRIOR
TO CLOSING SO THAT WE MAY INSPECT THE PREMISES.
2. The Estate or interest in the land described herein and which is.
covered by this commitment is fee simple.
3. The estate or interest referred to herein is at .Date of Commitment
vested in:
ALBERT W. FINSETH, as his separate estate
4. The land referred to in this commitment is situated in the State of
Washington, and described as follows:
As on Schedule A, page 2, attached.~
s
A.L.T.A. COMMITMENT Order No. 460264
SCHEDULE A
Page 2
The land referred to in this commitment is situated in the State of
Washington, and described as follows:
Lot 22, Block 1, Smither's 4th Addition to the Town of Renton,
according to the plat thereof recorded in Volume 11 of Plats, 19, in King county, Washington. page
END OF SCHEDULE A
t: 4M ■
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated
legal description is not a substitute for a complete legal description
within the body of the document.
Lt 22, Blk 1, Smither's 4th Addition to the Town of Renton, V11/P19
EXHIBIT B
P
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mu
ZERBATO
SPACES
1
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