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HomeMy WebLinkAbout10% Petition - 9/9/1986OF Re ,,4-1-,;. ~ ~f:e ~ '6 -~ 1'\ 11>' ~-i! «.,~ "'''~o SEP'tE."'~ 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