FILED 16 MAY 24 PM 12:14 KING SUPERIOR COURT CLERK E-FILED CASE NUMBER: SEA IN THE SUPERIOR COURT OF FOR KING COUNTY WASHINGTON STATE FEDERATION OF GARDEN CLUBS, a Washington Nonpro?t N0- Corporation, Plaimi?.? COMPLAINT TO QITIET TITLE VS. SUCCESSORS 1N INTEREST T0 JEFFERSON PARK IMPROVEMENT and ANY AND ALL OTHER PERSONS AND ENTITIES HAVING AN INTEREST IN THE PROPERTY COMIVIONLY KNOWN AS 2336 15TH AVE. SOUTH, SEATTLE, WASHINGTON, Defendants. COMES NOW the Plaintiff, WASHINGTON STATE FEDERATION OF GARDEN CLUBS, a Washington Nonpro?t Corporation, by and through their attorney Martin Burns of Burns Law, PLLC, and for claim of relief alleges and complains as follows: I. 1.1 WASHINGTON STATE FEDERATION OF GARDEN CLUBS is a Washington Nonpro?t Corporation (?Garden Clubs?) is duly incorporated and has paid all requisite fees and complied with all state requirements so as to bring this action. 1.2 Defendant SUCCESSORS IN INTEREST TO JEFFERSON PARK IMPROVEMENT CLUB, C?Unloionm Successors?) are m1knom1 parties or entities that ma},r be the successor in interest to the dissolved Jefferson Park. LADIES IMPROVEMENT CLUB which was a Washington nonpro?t corporation, dissolved on May 31, 1933. COMPLAINT - PAGE 1 OF 5 BURNS LAW. PLLC 524 Taoorna Ave. S. Tacoma, Washington 93402 Telephone: (253} 50??5586 Facsimile: (253) 507-5713 1.3 2.1 2.2 2.3 2.4 2.5 3.1 3.2 3.3 Defendant ANY AND ALL OTHER PERSONS AND ENTITIES HAVING AN INTEREST IN THE PROPERTY COMMONLY KNOWN AS 2336 15TH AVE. SOUTH, SEATTLE, (?Unknovm Parties?) are unknown persons or entities that may have an unknown interest in the property commonly known as 2336 15111 Ave. s. Seattle, WA. II. JURISDICTIONNENUE This case involves covenants related to real property in King County, Washington. Plaintiff Garden Clubs own real property in King County Washington. This action relates, in part, to real property in King County Washington. Jurisdiction is preperly vested in the Superior Court per RCW 2.08.010. Venue is proper in King County per RCW 4.12.010, 4.12.020 and 4.12.025. Plaintiff Garden Clubs own property commonly known as 2336 15111 Ave. South, Seattle, Washington WA, known as King County tax parcel 9122000345 and legally described as Lots 1, 2 and 3 Block 7 of Walker?s Addition to the City of Seattle, according to plat thereof recorded in Volume 6 of Plats, page 43, in King County, Washington. (hereinafter ?Subject Property?). On November 15, 1977 Jefferson Park deeded the Subject Property to the Trustees Garden Clubs by way of a quitclaim deed recorded under King County Recording No. 7712190533 A copy of said Deed is attached as Exhibit 1. The Deed contained a provision which reads, in pertinent part, as follows: that the property described herein and the proceeds there?'om shall be maintained as an historic site and that said property shall not be used for commercial or purposes insofar as such purposes are incidental to the programs and functions of the Washington Federation of Garden Clubs, its successors and assigns, as a nonpro?t organization; that in no event shall the real property nor proceeds ?om sale, lease or other transfer thereof be used for other than nonpro?t purposes. COWLAINT - PAGE 2 OF 5 BURNS LAW. PLLC 524 Tacoma Ave. S. Tacom a. Washington 98402 Telephone: (253) 507-5585 Faceirnlle: (353] 501571 3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 (?Deed Restriction") On February 6, 1979, the Trustees of Garden Club executed a quitclaim deed to Garden Clubs which had by such time incorporated. Such quitclaim deed was recorded in King County under Recording No. 7904110767. A copy of such quitclaim deed is attached hereto as Exhibit 2. On May 1933, Je?'erson Park was administrative dissolved by the Washington Secretary of State. A copy of the certi?cate of dissolution is attached hereto as Exhibit 3. The articles of incorporation for Jefferson Park ?led with the Secretary of State does not designate any successor entity in the event of dissolution nor does any ?ling related to its dissolution. No successor entity for Je?'erson Park has been found despite a diligent search. The Subject Property contains a Victorian house built in 1900 which has served as Garden Clubs headquarter and is rented out for parties to third parties. The cost of maintenance, taxes and other costs of ownership exceeds the revenues derived therefrom and die organization is desirous to sell the real property. Because of the Deed Restriction, the Subject Property is not able to be sold for its otherwise fair market value to third parties who might use it in a fashion that violates the covenant. Conversely, nonpro?t organizations that may be eligible to acquire the Subject Property for use within the scope of the Deed Restriction either cannot pay even a reasonably reduced price while at the same time assuming the costs of ownership. Because of such factors, the Subject Property has been rendered unmarketable in a reasonable fashion with the current deed restriction. Without the ability to sell the Subject Property at or near a fair market value, Garden Clubs will not be able to purchase a less costly new headquarters so as to carry on its community interest purpose and the Subject Property will gradually fall into disrepair and COMPLAINT - PAGE 3 OF 5 BURNS LAW. PLLC: 524 Tacoma Ave. S. Tacoma. Washington 93402 Telephone: (253) 50?-5556 Famimlle: {253) SOT-5T1 3 obsolescence as it will not be able to be properly maintained. The Deed Restriction is an unreasonable restriction on alienation. 3.12 The Deed Restriction fails to bene?t any speci?c person or entity. 3.13 The Deed Restriction fails to bene?t any speci?c piece of real property. 3.14 Defendants ?Unknown Successors? and ?Unknown Parties? are potential persons or entities currently unknown to Garden Clubs that may have some interest or standing as related to the preperty. Such ?Unknown Successors? and ?Unknown Parties? are named for notice purposes. Should any such person(s) andfor entity(ies) appear, such person(s) and/or entity(ies) should be added to this litigation, provided a proper basis in interest and standing be established. IV. FIRST CAUSE OF ACTION: DECLARATORY RELIEF JQUIET TITLE: Unreasonable restraint on alienation The Deed Restriction on the Subject Property contained in the Deed is an unreasonable restriction on alienation as enforcement of the Deed Restriction will cause an injurious effect to both the owner, Garden Clubs, and the actual Subject Property as it will be unable to be adequately maintained. Further, the entity that imposed the restriction, Jefferson Park, has ceased to exist and thus no longer has a legitimate interest in the Deed Restrictions enforcement. Such factors combined with the common law disfavor of restraints upon alienation render the Deed Restriction invalid and unenforceable. V. SECOND CAUSE OF ACTION: DECLARATORY RELIEFIQUTET TITLE: Burden on real propem without benefitted program or person The Deed Restriction on the Subject Property contained in the Deed is an improper restrictive covenant as it does not ?touch and concern? nor bene?t any other real property, does not specify a bene?tted party or entity so as to be some sort of restriction in gross, and the party establishing the restrictive covenant has dissolved and no party has standing any more to even enforce the covenant. As such it is an unenforceable, improper cloud on title COMPLAINT PAGE 4 OF 5 BURNS LAW, PLLG 524 Tacoma Ave. S. Tacoma. Washington 98402 Telephone: (253) 50??5535 Facsimile: (253) sci-571s properly declared to be of no force nor effect pursuant to RCW 7.28.010. VI. PRAYER FOR RELIEF Wherefore, having alleged and set forth causes of action, Plaintiff prays for relief as follows: 6.1 For declaratory judgment that the Deed Restriction on the Subject Property is invalid as an unreasonable restraint on alienation and an impermissible burden on real property without any bene?tted party or property; 6.2 For attorney fees and costs in an amount to be determined by this court in the event this matter does not go by way of default. 6.3 For any other and ?irther relief the court deems just and equitable. Dated this 2? day of May, 2016. Burns, WSBA No. 23412 may for Plaintiff Washington State Federation of Garden COMPLAINT - PAGE 5 OF 5 BURNS LAW. 524 Tacoma Ave. S. Tacoma. Washington 98402 Telephone: (253) 507-5536 Facsimile: {253) 50?-5713 pm . q-wM-n II on a T7121 3511' (ERIE balsam '3 (r Iii-fr hr Ill-mu Iii-w. r? mm; Wait"! 5" 1; Huh I 3: Ira-Tit Piaf . nm as?! Em man-can. Quit Gain Dead Icon-nun FBI-I PARK mm CLUB. I Washington. carpnration. 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STATE qf WASHINGTON qf 5m CORPORATE NAME: JEFFEESEN PARK CLUB -- 3 mini Aenms 2342 - 16TH we 3 HA 93144 CURFORATIW 80395336 . CERTIFICATE OF ADMINISTRATIVE DISSOLUTION IN ACCORDAHCE HITH TLC-J1. 24.93.502: THE IS HEREBY ADHINISTRATIVELY DISSOLVED AS OF 5/31/83. THIS AOTIDH HA5 DUE TO THE FAILURE BF THE GBRPORATIUH TO FILE AN ANNUAL LIST OF OFFICERS HITHIN THE TIME SET FORTH BY LAN. A copy at this Certificate is on file in this office. I Given under my hand and the seal of the State of Weehhgton. at Olympia. the State Capitol. Milt-l Lacuna Haw: Munro. Secretary of State Exhibit 3