1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR QUIET TITLE AND DECLARATORY JUDGMENT - 1

G. Lee R aaen Suite 760 615 Second Avenue Seattle, WA 98104 (206) 682-9580 Fax: (206) 632-1193

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF KING WALLINGFORD COMMUNITY COUNCIL, a Washington Nonprofit Corporation, NO. 04-2-19524-1 SEA Plaintiff, vs. THE CITY OF SEATTLE, a Municipal Corporation, J. DAN FIORITO, JR. and BARBARA FIORITO, husband and wife, BUILDING ACCOUNT LLC, a Washington limited liability company, J D F J CORPORATION, a Washington corporation, ROBERT REID and JEAN REID, husband and wife, JAMES REID and JANE DOE REID, husband and wife, and THE ROBERT & JEAN REID FAMILY INVESTMENTS LLC, a Washington limited liability company Defendant(s). The plaintiff, through its attorney, by way of complaint against the defendants alleges as follows: 1 Parties COMPLAINT FOR QUIET TITLE AND DECLARATORY JUDGMENT

1.1 The Wallingford Community Council (WCC) is a Washington nonprofit corporation in good standing under the laws of the State of Washington. The WCC was incorporated in 1969, and it and many of its members are interested in and directly affected this action. 1.2 The WCC has standing to bring this action in its own right, and as a taxpayers lawsuit. 1.3 The defendant City of Seattle is a municipal corporation and political subdivision of the State of Washington.

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1.4 The defendants J. Dan Fiorito, Jr. and Barbara Fiorito are husband and wife constituting a marital community under the laws of the State of Washington and reside in King County, Washington. 1.5 The defendants Robert G. Reid and Jean A. Reid are husband and wife constituting a marital community under the laws of the State of Washington and reside in King County, Washington. 1.6 The defendants James Reid and Jane Doe Reid, are husband and wife constituting a marital community under the laws of the State of Washington and reside in King County, Washington. 1.7 Building Account LLC, (aka Fiorito Building Account LLC) is a limited liability company organized and existing under the laws of the State of Washington with its principal place of business in King County, Washington. 1.8 J D F J Corporation is a corporation organized and existing under the laws of the State of Washington with its principal place of business in King County, Washington. 1.9 The Robert & Jean Reid Family Investments LLC is a limited liability company organized and existing under the laws of the State of Washington with its principal place of business in King County, Washington. 1.10 The defendants J. Dan Fiorito, Jr. and Barbara Fiorito, the Building Account LLC (aka Fiorito Building Account LLC), and J D F J Corporation are hereafter jointly referred to as the Fioritos. 1.11 The defendants Robert G. Reid and Jean A. Reid, James Reid and Jane Doe Reid, and The Robert & Jean Reid Family Investments L.L.C. are hereafter jointly referred to as the Reids.

Real Property

2.1 This action concerns certain real property (Disputed Property) located in Seattle, King County, Washington, more particularly described as: All that portion of 1st Avenue Northeast, as platted between blocks thirty-seven and thirty-six (37 and 36) Lake Union Shore Lands; and all that portion of 1st Avenue Northeast as condemned by Ordinance No. 33626 and lying southeasterly of the southeasterly margin of Northlake Avenue, as established by Ordinance No. 33626; same being all that portion of said 1st Avenue Northeast vacated by Ordinance No. 52269. (See Exhibit A for general illustration of location of property and Exhibit B for plat map)

COMPLAINT FOR QUIET TITLE AND DECLARATORY JUDGMENT - 2

G. Lee R aaen Suite 760 615 Second Avenue Seattle, WA 98104 (206) 682-9580 Fax: (206) 632-1193

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2.2 The Disputed Property is also known as the disputed portion of 1st Avenue NE in Seattle, Washington. 2.3 The defendant City of Seattle has an ownership interest in the Disputed Property as described below. 2.4 The defendants J. Dan Fiorito, Jr. and Barbara Fiorito, Robert G. Reid and Jean A. Reid, James Reid and Jane Doe Reid, the Building Account LLC (aka Fiorito Building Account LLC), J D F J Corporation, and The Robert & Jean Reid Family Investments LLC claim to have, or appear of record to have, an ownership interested in the Disputed Property. 2.5 Plaintiff reserves the right to add or delete parties as the actual ownership of the Disputed Property becomes known.

Chronology of Events Regarding the Disputed Property First Avenue NE

3.1 The Pioneer Sand & Gravel Company, the prior owner of the property in question, petitioned for vacation of the portion of 1st Ave. NE running through its property on the north end of Lake Union in September of 1926. (Exhibit C) 3.2 The Department of Public Works of the City of Seattle in reviewing the petition remarked in part that "Access to waterfront on Lake Union will be a valuable asset in time to come. The amount of publicly owned waterfront on the North Shore Lake Union is very limited." (October 22, 1926) (Exhibit D) 3.3 City records include a handwritten note which indicates that a deed was to be prepared from the Pioneer Sand & Gravel Company to the city to take effect in 30 years. The note indicates that the petition for vacation will then be granted... This note does not appear to be dated, but refers to the upcoming city hearing in December. (Exhibit E) 3.4 The petition for vacation of a portion of 1st Ave. NE was granted by the City Council on the 13th of December, 1926 and signed by the mayor on 3 January, 1927. (Exhibit F) 3.5 A deed dated the 3rd day of January, 1927 between the Pioneer Sand & Gravel Company and the City of Seattle conveyed the Disputed Property back to the city reserving the right of the gravel company to possess and use the land for 30 years from the date of the deed. (Exhibit G) The deed conveying the

COMPLAINT FOR QUIET TITLE AND DECLARATORY JUDGMENT - 3

G. Lee R aaen Suite 760 615 Second Avenue Seattle, WA 98104 (206) 682-9580 Fax: (206) 632-1193

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property to the city is dated the same day as the mayor signed the vacation ordinance. 3.6 The deed was provided to King County for recording by the City of Seattle in October of 1928. Once recorded, the deed was returned to the city. (Exhibit H) 3.7 On the eighth of June, 1953 (less than four years before the 30 year period would expire) the City Council passed an ordinance attempting to disclaim all interest in the property conveyed by the 1927 deed. (Exhibit I) 3.8 On or about April 18, 2003, Richard Seaborn on behalf of the Fioritos and Reids filed an application for construction and land use permits for real property located at 2305 N. Northlake Way in the City of Seattle. The Disputed Property is located within the property proposed to be developed. 3.9 During its review of the permit application and proposed project for the Northlake site, the plaintiff became aware of the facts described in sections 3.1 through 3.7 above. The plaintiff provided this information to the City of Seattle Department of Construction and Land Use, and raised the question of the publics ownership interest in the 1st Avenue NE portion of the property to be developed by the private defendants. 3.10 In response, by a letter dated December 11, 2003, the Department of Planning and Development (formally DCLU) said, We are advised that the City does not claim ownership of the area in question, and that it is not a right-of-way. Our review of the project will proceed on that basis. (Exhibit J) 3.11 Because the Citys attempted conveyance of the Disputed Property and its failure and refusal to protect the publics interest in the First Avenue NE right of way constitutes violations of the Constitution of the State of Washington, state statutes and city ordinances, the plaintiff presented the matter to the Washington State Attorney General as is required by law. 3.12 In a letter dated February 12, 2004, Narda Pierce, Solicitor General of the State of Washington on behalf of the Attorney General, while not expressing an opinion on the outcome of any litigation, declined to bring an action on behalf of the State. The letter further recognized that the request by the WCC was made to fulfill the condition precedent to filing a taxpayer action, and that the WCC was an appropriate party to bring such an action. (Exhibit K)

COMPLAINT FOR QUIET TITLE AND DECLARATORY JUDGMENT - 4

G. Lee R aaen Suite 760 615 Second Avenue Seattle, WA 98104 (206) 682-9580 Fax: (206) 632-1193

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3.13

On 6 May, 2004, the Seattle Department of Planning and Development issued a decision granting the permit application for the Northlake project, which includes the Disputed Property.

3.14

The WCC requested of the City and the attorneys for Firoritos and Reids any information which would show that the Fioritos and Reids have clear title to the Disputed Property. The defendants have failed and refused to provide any such information.

Claims

4.1 The vacation of the disputed portion of 1st Avenue NE and its use by the adjoining landowners was conditioned on its return to the City in 30 years. The 30 year period expired in January of 1957. 4.2 The prior owner of the Disputed Property conveyed the property by deed to the City in January of 1927, reserving the right to use the property for 30 years from the date of the deed. The 30 year reservations of rights expired on the 3rd day of January, 1957. 4.3 The attempted disclaimer of the property by the City through an ordinance in 1954 was legally ineffective to convey its interest to the prior property owners, beyond the authority of the City and in violation of law, and the City retains its ownership interest in the street. 4.4 The attempted conveyance and/or disclaimer of its interest in the property was a violation of Article VIII, 7 of the Constitution of the State of Washington regarding gifts of public property, and state and local law regarding the use and vacation of public rights of way. 4.5 The failure and refusal of the City of Seattle to protect the publics interest in 1st Avenue NE beginning in 1953 and most recently in 2003 and 2004 constitute violations of Article VIII, 7 of the Constitution of the State of Washington regarding gifts of public property, and state and local law regarding the use and vacation of public rights of way. 4.6 A dispute exists between the Plaintiff and the Defendants over the publics interest in the Disputed Property, and the Plaintiff requests that the Court quiet title of the disputed portion of 1st Avenue NE in the City of Seattle for the purpose of a public street. 4.7 The dispute between the parties over the ownership and use of the disputed portion of 1st Avenue NE is a continuing question of public importance, and is an actual existing controversy ripe for judicial

COMPLAINT FOR QUIET TITLE AND DECLARATORY JUDGMENT - 5

G. Lee R aaen Suite 760 615 Second Avenue Seattle, WA 98104 (206) 682-9580 Fax: (206) 632-1193

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determination. Without such a determination, the plaintiff and public will suffer harm for which they have no adequate remedy at law. 4.8 Plaintiff requests that the Court enter a judgement and decree declaring that the City of Seattle has an ownership interest in the disputed portion of 1st Avenue NE for the purpose of a public street, and that such interest should be protected and taken into account in its review of any permits for the development and use of the property. 4.9 Plaintiff is entitled to recover its reasonable attorneys fees and costs in bringing this action.

WHEREFORE, Plaintiff prays for judgment against the Defendants as follows: A. That a judgment and decree be entered quieting title to the Disputed Property in the City of Seattle for the purpose of a public street. B. That the Court enter a declaratory judgment and decree that the City of Seattle has an ownership interest to the disputed portion of 1st Avenue NE for the purpose of a public street, and that such interest should be protected and taken into account in its review of any permits for the development and use of the property C. That the Plaintiff have judgment against the Defendants jointly and severably for its attorneys fees and costs, and D. That the Court grant such other and further relief as is just and equitable. Dated this ____ day of August, 2004. _________________________ G. Lee Raaen, WSBA #6258 Attorney for Plaintiff

COMPLAINT FOR QUIET TITLE AND DECLARATORY JUDGMENT - 6

G. Lee R aaen Suite 760 615 Second Avenue Seattle, WA 98104 (206) 682-9580 Fax: (206) 632-1193