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HomeMy WebLinkAboutParcel_6 Stuart Whittaker U.S.BANK OF WASHINGTON 19=10
RENTON BRANCH 1250
��' VENDOR# DATE CHECK CHECK AMOUNT
�), O\ CITY OF RENTON NUMBER
+ ACCOUNTS PAYABLE 078668 04/07/2020 382383 $**2,250.00**
1055 S.GRADY WAY
RENTON,WA 98057
��j 0 Phone:(425)430-6919
Phone:(425)430-6930 VOID AFTER 6 MONTHS
PAY *****EFT PAYMENT NOTICE ONLY-DO NOT CASH*****
PAY STUART D WHITTAKER NON-NEGOTIABLE
TO THE 821 DUVALL PL NE MAYOR
ORDER RENTON, WA 98059
NON-WEGO` 12 f LE
FINANCE&IS ADMINISTRATOR
u'038 2383i' ': L 25000 LO51: L5 3 5006 98 3 L8u'
PLEASE DETACH BEFORE DEPOSITING
CITY OF RENTON,WA 98055 ACCOUNTS PAYABLE CHECK NO.382383
INVOICE NUMBER DATE DESCRIPTION P.O.NUMBER DISCOUNT/RETAIN AMOUNT
ROW/Parcel 6 04/02/2020 TEMPORARY CONSTRUCTION EASEMENT 0.00 2,250.00
1
2,250.00
3/24/2020 Called and left a voicemail for Stuart. I received a text message asking if he could call me
later, which I responded he could.
3/25/2020 Text message from Stuart stating he would be available to talk today after 3pm. I told him
I would give him a call at that time. I called and spoke with Stuart who stated John told
him to settle at$2,500. I explained that in order to be consistent with all of his neighbors •
the settlement would be based on the same percentage of the other neighbors which would
be a total settlement of$2,250. He stated he was fine with that. I explained that Becky
Gilberg, agent with RES Group NW, would be able to meet with him and his wife to sign
the documents. He agreed to meet with her at 3:30 pm on 3/26/2020.
3/26/2020 Becky met with Surat and Susan to sign and notarize the TCE, voucher, W9 and vendor
form.
3/30/2020 This file is considered complete transmitting to the City for payment and recording.
I hereby certij, that the written instruments secured and forwarded herewith embody all the considerations agreed upon
between me and the property owner;agreement on said instruments was reached without coercion,promises other than those
shown in the instruments, or threats of any kind whatsoever by or to either party;I understand that the parcels are to be secured
for use in connection with a Federal aid highway project;I have no direct or indirect present or contemplated future personal
interest in the parcels •i any benefit from the acquisition of such property.
t ina Guzman . Date
•
5/18/2020 Landmark Web Official Records Sea •
Instrument Number:20181130000734 Document:FR Rec:$99.00 Page-1 of 1
Record Date:11/30/2018 1:44 PM
Electronically Recorded King County,WA
Return To:
Wells Fargo Home Mortgage
C/O Nationwide Title Clearing,
Inc.2100 Alt. 19 North
Palm Harbor,FL 34683
Loan Number 0155071525
JD OF RECONVEYANCE
WHEREAS,STUART D WHITTAK�D SUSAN D WHITTAKER was the original Trustor,RAINIER
TITLE was the original Trustee,and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, S
DESIGNATED NOMINEE FOR AMERICAN BROKERS CONDUIT, BENEFICIARY OF INC.,THE
SECURITY INSTRUMENT,ITS SUCCESSORS AN ASSIGNS was the designated nominee of the original
Beneficiary under that certain Deed of Trustd�rtAND^07/17/2006, in the amount of$98,400.00, and recorded in
KING County,Washington,under Auditor File•#v0060725000441.
LOT 15,CSTLEWOOD RANCHETTES,VOlr29,P. 13,KING COUNTY,WA
Parcel ID#: 143765-0150-01 G'
WELLS FARGO FINANCIAL NATIONAL � ' A NATIONAL BANKING ASSOCIATION, as
successor Trustee under said Deed of Trust andccessor Trustee, having received from the designated
nominee of the present Beneficiary under said Dedd,o Trust a written request to reconvey, reciting that the
obligation(s)secured by the Deed of Trust have been ful �a i sfied,does hereby grant,bargain,sell and reconvey,
unto the parties entitled thereto all right,title and interekW" h was heretofore acquired by said Trustee under said
Deed of Trust.
Dated this 30th day of November in the year 2018
WELLS FARGO FINANCIAL NATIONAL BANK,A N T NAL BANKING ASSOCIATION
Ci
ZOE LEE (
TITLE OFFICER
STATE OF FLORIDA • •
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 30th day of November in the year 2018,by Zoe Lee
as Title Officer for WELLS FARGO FINANCIAL NATIONAL BANK, A NATIONAL BANKING
ASSOCIATION,who,as such Title Officer being authorized to do so,executed the foregoing instrument for the
purposes therein contained.He/she is personally known to me.
_;ot'v+•iiJ'.: JULIE MARTENS
� Notary Public-State of Florida
=K' Commission If GG 221059
JULI MARTENS \for M1d. My Comm.Expires May 22.2022
COMM EXPIRES:5/22/2022 Bonded through National Notary Ann.
Prepared By:
Dave LaRose/NTC,2100 Alt.19 North,Palm Harbor,FL 34683(800)346-9152
WFHRC 405144716 MIN 100024200013651308 MERS PHONE 1-888-679-6377 MERS Mailing Address:P.O.
Box 2026,Flint,MI 48501-2026 DOCR T29 1 8 1 1-12:29:54[C-2] ERCNWA1
1111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111
*D0034063851*
https://recordsearth.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 1/1
U.S.BANK OF WASHINGTON 19-10
RENTON BRANCH 1250
get CITY OF RENTON - VENDdR# TDATE Ncu",1% CHECK AMOUNT •
I+ 2IR ACCOUNTS PAYABLE
+ 1055 S.GRADY WAY 078668 04/07/2020 382383 $**2,250.00**
RENTON,WA 98057
Phone:(425)430-6919
Phone:(425)430-6930 VOID AFTER 6 MONTHS
PAY *****EFT PAYMENT NOTICE ONLY-DO NOT CASH*****
PAY NON-NEGOTIABLE
STUART D WHITTAKER
TO THE 821 DUVALL PL NE MAYOR
ORDER RENTON, WA 98059
NON-NEGOTIABLE
FINANCE&IS ADMINISTRATOR
Il'O 313 2 38 310, 1 25000 /0 51: 1 5 3 5006913 3 Lae
PLEASE DETACH BEFORE DEPOSITING
CITY OF RENTON,WA 98055 ACCOUNTS PAYABLE CHECK NO.382383
NUMBER DATE = „ DISCOUNT/RETAIN ." Y AMOUNT
ROW/Parcel 6 04/02/2020 TEMPORARY CONSTRUCTION EASEMEN1 0.00 2,250.00
2,250.00
Instrument Number: 202004 )01920 Document:EAS Rec: )9.50 Page-1 of 7
Record Date:4/1/2020 3:1 rM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY LISA OHl
After recording return document to:
City of Renton
City Clerk's Office •
1055 South Grady Way
Renton,WA 98057
PLEASE MANE NO MARE IN THE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE
1Grantor(s): Stuart and Susan Whittaker � �~
Grantee(s): City of Renton
Legal Description:Lot 15,Castlewood Ranchettes,Vol. 129 of Plats,Page(s)13-18,Inclusive,King County
Assessor's Tax Parcel Number: 143765-0150
Reference Number of Related Documents: N/A
TEMPORARY CONSTRUCTION EASEMENT
Duvall Avenue NE Project
This Temporary Construction Easement (the "Construction Easement"), is made and
entered into this c9(o day of Aialtb, 20,2D by and between Stuart D. Whittaker and
Susan D. Whittaker, husband and wife, , ("Grantor"), and the City of Renton, a municipal
corporation("City"or"Grantee"),its successors and assigns.
For Good and Valuable Consideration, receipt of which is hereby acknowledged,
Grantor, as the owner of that certain real property legally described on Exhibit "A"— Entire
Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to
the City, a Four hundred and twenty (420) square foot temporary easement area for minor
clearing and grubbing and excavation and fill and construction purposes in, on,over, through
and across that portion of the Property described on Exhibit "B" (Easement "Area") and
I depicted on Exhibit"C",which are attached hereto and incorporated by this reference, for the
purpose of Temporary Construction Easement; protecting existing public and private
improvements in the immediate vicinity of the Project area; and repairing, restoring and/or
reestablishing any improvements disturbed while undertaking the Project activities described
above.
The temporary rights granted in this Construction Easement shall be effective upon
execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours
notice to the Grantor of its intent to commence construction. The temporary rights granted to
the Grantee shall automatically terminate and be null and void(i)twenty four(24)months after
the execution of this easement or(ii)upon restoration of any existing improvements disturbed
Page 1 of(7)Pages Parcel No. 14376550150 _^�
Instrument Number: 202004. )01920 Document:EAS Rec: D9.50 Page-2 of 7
Record Date:4/1/2020 3:14 Pivi King County, WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
by the Grantee within the temporary easement area,whichever is later,but in no event later than
December 31,2022.
The Grantee agrees to hold harmless, indemnify and defend the Grantor from and
against any and all claims,losses or liability,for injuries,sickness or death of persons,including,
employees of the Grantee,or damage to property,arising out of the exercise of Grantee's rights
under this Construction Easement or any willful misconduct or negligent act,error,or omission
of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in
connection with the Grantee's activities authorized by this Construction Easement, provided,
however,that:
(a) The Grantee's obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death or damage caused by or resulting from the
sole willful misconduct or sole negligence of the Grantor;and
(b) The Grantee's obligations to indemnify, defend and hold harmless for injuries,
sickness,death or damage caused by or resulting from the concurrent negligence
or willful misconduct of the Grantee and the Grantor, or of the Grantee and a
third party other than an officer, agent, contractor or employee of the Grantee,
shall apply only to the extent of the negligence or willful misconduct of the
Grantee(including an officer,agent,contractor or employee of the Grantee).
Grantee shall, at its sole cost and upon completion of the work within the Easement
Area, fully restore the surface and subsurface of the Easement Area and any public or private
improvements disturbed by or destroyed during the execution of the work, as nearly as
practicable,to the conditions as of the effective date of this easement.
It is the intention of the parties that this document be strictly limited to and for the
purposes expressed.
This Construction Easement and covenants herein shall be recorded with the King
County Recorder,shall run with the land described herein,and shall be binding upon the parties,
their successors,heirs and assigns.
Grantor covenants that it is the lawful owner of the above-described property and has
authority to convey such easement.
It is understood and agreed that delivery of this Construction Easement is hereby tendered
and that the terms and obligations hereof shall not become binding upon the City of Renton,I
unless and until accepted and approved hereon in writing by the City of Renton.
Page 2 of(7)Pages Parcel No. 143765-0150
„M1,PLEASE MARE NO MARK(N THE MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY .w,....M.........�.....k,...M..T~
Instrument Number: 20200401001920 Document:EAS Rec: $109.50 Page-3 of 7
Record Date:4/1/ 0 3:14 PM King County, WA
Stuart D.Whittakerka.
kgtick-ft. *..
Susan D.Whittaker
Accepted and Approved
City of Renton
By
1 r J 17 /�
Date , Vet)
l �
Page 3 of(7)Pages Parcel No. 143765-0!SO
PLEASE MAKE NO MARK IN TEE MAROON SPACE-RESERVED FOR cowry RECORDER 5 USEONLY
Instrument Number: 202004 )01920 Document:EAS Rec: 'D9.50 Page-4 of 7
Record Date:4/1/2020 3:14 P%j. King County, WA
PLEASE MAKE NO MARK IN TEE MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT ..._
ti STATE OF WASHINGTON
1 ss.
I COUNTY OF KING
On this day personally appeared before me Stuart D.Whittaker and Susan D.Whittaker,to me known to
be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that
he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein
! mentioned.
DATED this , day of ,20
(SEAL)
Notary Pub"'
BECKY JO GILBERG , L " - ,
Prince e
'-NOTARY PUBLIC#906177; r�0
`STATE OF WASHINGTON Residing at `'
COMMISSION EXPIRES ;
NOVEMBER 16,2022 My appointment expires, ) �, /J.oJ2OaL
•
.
Page 4 of(7)Pages Parcel No. 143765-0150
PLEASE MAKE NO MARK IN THE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY.
Instrument Number: 202004 )01920 Document:EAS Rec: )9.50 Page-5 of 7
Record Date:4/1/2020 3:14 Pill. King County, WA
PLEASE MARE.NO MARK IN THE MARGIN SPACE RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
-- ...w... M.,..�. �W
EXHIBIT A
PROPERTY DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
(}' CITY OF RENTON, KING COUNTY, WA
LOT 15, CASTLEWOOD RANCHETTES, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 129 OF PLATS, PAGE(S) 13 THROUGH 18,
INCLUSIVE, IN KING COUNTY, WASHINGTON.
d
48889 -
'gxac two
/bleapi9
{
Page 5 of(7)Pages Parcel No. 143765-015O
PLEASE MAKE NO MARK IN THE MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY, ^ m
Instrument Number: 20200 01920 Document:EAS Rec:009.50 Page-6 of 7
Record Date:4/1/2020 3:14 PW King County, WA
PLEASE MADE ND MARK 1N TUE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E.,W.M.
CITY OF RENTON, KING COUNTY, WA
THE WEST 5.00 FEET OF LOT 15 OF CASTlEWOOD RANCHETTES,
RECORDED UNDER VOLUME 129 OF PLATS, PAGES 13-18, KING
COUNTY RECORDS.
CONTAINING 420 SQUARE FEET, MORE OR LESS.
,c67 of unit
a
kNat LAMO 4
}
Page 6 of(7)Pages Parcel No. 143765-0150
tk
PLEASE MAKE NO MART IN THE MARGIN SPACE.RESERVED FOR COUNTY RECORDERS USE ONLY.
Instrument Number: 202004. )01920 Document:EAS Rec: 09.50 Page-7 of 7
Record Date:4/1/2020 3:14 PM King County, WA
PLEASE MARE NO MARK IN THE MARGIN SPACE.•RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
{
{
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
NW 1J4 OF SEC. 10,T. 23 N., R. 05 E.,W.M.
CITY OF RENTON, KING COUNTY,WA
I
Ii
I
1
1 I S84'05'03"E
r 5.00'
1
i LL,/ fi
I j (APN 1437650150)
J ' 2 WHfTAKER STUART D 4 SUSAN D
1 821 DUVALL PL NE 98059
J � �a
�' $ CASTLEW00D RANCHETTES
1 o LOT 15
1 VOL. 129. PCS. 13-18
5S84,00'' '15"E .
32
J
J j
1 1
1 A
r i 0 N 90'
TOTAL AREA
420 SQ. Ff. Pawrneetctx
LEGEND
-- EXISTING RIGHT OF WAY LINE ,, '�� yi f;t lit
( DUNE P., - •. 0
"if
I ------------^- PROPERTY LINE z �12, ~� -a�
APN XXXXXXXXXXX ) KIN COUNTY TAX PARCEL NUMOER wed.; L cs ®,..
Page 7 of(7)Pages Parcel No. 143765.0150
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
40 Group
Northwest
Acquisition and Relocation Services
Transmittal Memo
To: Flora Lee,Project Manager,City of Renton
CC: Cindy Clark,P.E.Parametrix
From: Kristina Guzman,RES Group NW
Date: March 30, 2020
Project: Duvall Avenue NE
Parcel No.: 6
Owner: Stuart and Susan Whittaker
Ms. Lee,
Enclosed in this transmittal are the following documents:
1. Offer Letter(signed 2/7/2020)
2. Temporary Construction Easement(signed 3/26/2020)
3. Real Property Voucher
4. Administrative Settlement
5. Negotiator's Diary(signed 3/30/2020)
6. AOS 1 (signed by the City 11/8/19)
7. W-9
8. Vendor form
Sincerely,
Kristina Guzman, SR/WA
RES Group NW
1913 6th Street
Kirkland.WA 98033
Armondo Pavone %
Mayor alb
.
Public Works Department Gregg Zimmerman,P.E.,Administrator
OFFER LETTER
January 22,2020
Stuart and Susan Whittaker
•
821 Duvall Place NE
Renton,WA 98059
RE: Project Name: Duvall Avenue NE
Tax Parcel No: 143765-0150
Dear Mr.and Mrs.Whittaker:
As you likely aware,the City of Renton is proceeding with the Duvall Avenue NE Project. As part of the
project,the City needs to purchase a part of your property and/or certain property rights related to the
property located at 821 Duvall Place NE,Renton and identified as King County Assessor's tax parcel number
143765-0150.A copy of the map or"Right of Way Plan"is attached.
By law the City must pay you for the property and/or property rights acquired from you,unless you choose to
donate the land the property to the City.The purpose of this letter to explain to you the basis for the City's
offer in order to reach an agreement with you regarding the purchase of the property needed for this project.
In those cases where property rights being acquired involve a payment of less than$10,000,the City
administratively establishes the amount offered. This administrative offer is based on market research
performed by a person having sufficient understanding of the local real estate market. An administrative
offer of$1,700.00 is being made for your property or property rights.This offer consists of:
• $1,700.00 for 420 SF Temporary Construction Easement for street improvements.
The basis for this offer is contained in the attached report. Payment for your property and/or property rights
will be made available to you approximately 30 to 45 days after you accept the City's offer,provided that
there are no delays in closing the transaction.
You may wish to employ a professional appraiser or realtor to evaluate the City's offer. If you do so,we
suggest that you employ a well-qualified evaluator so that the evaluation report will be useful to you in
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
Mr.and Mrs.Whittaker
Page 2 of 2
January 22,2020
deciding whether to accept the City's offer.The City will reimburse up to$750.00 of your evaluation costs
upon submission of the bills or paid receipts.
Please understand that every effort will be made to come to an agreement regarding this offer. However,if
mutual agreement cannot eventually be reached through a voluntary negotiation,the City acting in the public .
interest,may use its right of eminent domain to acquire the property rights for the public use. In conformity
with the Washington State Constitution and laws,the City's legal counsel will file a condemnation suit to
obtain a"Court Order of Public Use and Necessity",and a trial will be held to determine the just
compensation to be paid for the property and property rights acquired. This action is taken to ensure your
rights as an individual property owner and the rights of all City of Renton's taxpayers are equally protected.
If you have personal property presently located on the property being acquired by the City that will need to
be moved,however the City will reimburse you for the cost of moving it through the Relocation Assistance
program.
We have attempted by this letter to provide a concise statement of our offer and summary of your rights.We
hope the information will assist you in reaching a decision. Please feel free to direct any questions you may
have to the City's representative from RES Group Northwest, Kristina Guzman at(206)459-7694.We look
forward to working with you and we would appreciate a response to this offer at your earliest convenience.
Sincerely,
Gregg Zimmerman,P.E.
Public Works AdministratoGG�
Receipt of this letter is hereby acknowledged. I understand that this acknowledgement does not signify
acceptance or rejection of this offer.
.tom 1�r�Vv A:1XA.t„ & Date:
Signature
Enclosure: Administrative Offer Report
, :Fe
___.__________
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
5/18/2020 Landmark Web Official Records See
Instrument Number: 20200401001920 Document:EAS Rec: S109.50 Page-1 of 7
Record Date:4/1/2020 3:14 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY LISA OHl
After recording return document to:
City of Renton
City Clerk's Office
1055 South Grady Way
Renton,WA 98057
jPLEASE MAKE NO MARK IN TiR:AIAROIN SPACE•RESERVED FOR COUNTY RECORDER'S USE
Grantor(s): Stuart and Susan Whltta e
Grantee(s): City of Renton
Legal Description:Lot 15,Castlewood Ra a "t ,Vol.129 of Plats,Page(s)13-18,Inclusive,King County
Assessor's Tax Parcel Number 143765-0157 "4p
Reference Number of Related Documents:
TEMPORARY CONS ION EASEMENT
Duvall Avenue NE Project
R Xn
This Temporary Construction Easement (the Or traction Easement"), is made and
entered into this c(p day of 2Q bys7tIrti,between Stuart D. Whittaker and
Susan D. Whittaker, husband and wife, , ("Grantor"), a d City of Renton, a municipal
corporation("City"or"Grantee"),its successors and assigns.
For Good and Valuable Consideration, receipt of which is hereby acknowledged,
Grantor, as the owner of that certain real property legally described on Exhibit"A"—Entire
Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to
the City, a Four hundred and twenty (420) square foot temporary easement area for minor
clearing and grubbing and excavation and fill and construction purposes in, on,over, through
and across that portion of the Property described on Exhibit "B" (Easement "Area") and
depicted on Exhibit"C",which are attached hereto and incorporated by this reference, for the
purpose of' Temporary Construction Easement; protecting existing public and private
improvements in the immediate vicinity of the Project area; and repairing, restoring and/or
reestablishing any improvements disturbed while undertaking the Project activities described
above.
The temporary rights granted in this Construction Easement shall be effective upon
execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours
notice to the Grantor of its intent to commence construction. The temporary rights granted to
the Grantee shall automatically terminate and be null and void(i)twenty four(24)months after
the execution of this easement or(ii)upon restoration of any existing improvements disturbed
Page 1 of(7)Pages Parcel No. 143765-0150
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 1/7
5/18/2020 - Landmark Web Official Records SeE
Instrument Number: 202004ui001920 Document:EAS Rec: $lu9.50 Page-2 of 7
Record Date:4/1/2020 3:14 PM King County, WA
PLEASE MAKE NO MART:IN THE MARGIN SPACE.PrtERVED FOR COUNTY RECORDER'S USEONLY
TEMPORARY CONSTRUCTION EASEMENT
by the Grantee within the temporary easement area,whichever is later,but in no event later than
December 31.2022.
The Grantee agrees to hold harmless, indemnify and defend the Grantor from and
against any and all claims,losses or liability,for injuries,sickness or death of persons,including
employees of the Grantee,or damage to property,arising out of the exercise of Grantee's rights
under this Construction Easement r any willful misconduct or negligent act,error,or omission
of the Grantee, its officers, a is contractors, subcontractors, licensees, or employees, in
connection with the Grantee's c4iv Ties authorized by this Construction Easement, provided,
however,that:
(a) The Grantee's obligatta, indemnify, defend and hold harmless shall not r
extend to injuries, sicknessath or damage caused by or resulting from the
sole willful misconduct or stne�ligence of the Grantor;and
(b) The Grantee's obligations to i�tfdo 'fy, defend and hold harmless for injuries,
sickness,death or damage caused�r resulting from the concurrent negligence
or willful misconduct of the Grantee the Grantor, or of the Grantee and a
third party other than an officer, agontractor or employee of the Grantee,
shall apply only to the extent of the t e ipence or willful misconduct of the
Grantee(including an officer,agent,cot gJor or employee of the Grantee).
Grantee shall, at its sole cost and upon completion-f the work within the Easement
Area,fully restore the surface and subsurface of the Easement Area and any public or private
improvements disturbed by or destroyed during the execution of the work, as nearly as
practicable,to the conditions as of the effective date of this easement.
It is the intention of the parties that this document be strictly limited to and for the
purposes expressed.
This Construction Easement and covenants herein shall be recorded with the King
1 County Recorder,shall run with the land described herein,and shall be binding upon the parties,
their successors,heirs and assigns.
j Grantor covenants that it is the lawful owner of the above-described property and has
authority to convey such easement.
•
It is understood and agreed that delivery of this Construction Easement is hereby tendered
and that the terms and obligations hereof shall not become binding upon the City of Renton,
unless and until accepted and approved hereon in writing by the City of Renton.
Page 2 of(7)Pages Parcel No. 143765-0150
A...,,,,PLEASE MAKE NO MARK IN THE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY. ^.. .....,....._.,,..�
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 2/7
5/18/2020 Landmark Web Official Records Sei
Instrument Number:20200401001920 Document:EAS Rec. $109,50 Page-3 of 7
Record Date:411/ I 0 3:14 PM King County,WA
tirw
Stuart D.Whittaker
L.c)ctikt..,
Susan D.Whittaker
Accepted and Approved
City of Renton
S . .,g-u r✓'k>/rr 1'1ZGfµ`
Date /y/d0
•
•
Page 3 of(7}Pages Parcel No,143165-0154
PLEASE KU NUMA*lK UEMIN SPACE•IIESERVENORCOUNN WOOER MEOW
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 3/7
5/18/2020 Landmark Web Official Records Se
Instrument Number: 202004 4001920 Document:EAS Rec: S1U9.50 Page-4 of 7
Record Date:4/1/2020 3:14 PM King County, WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION-EASEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Stuart D.Whittaker and Susan D.Whittaker,to me known to
be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that
he/she/they signed the same as his/her/t eir free and voluntary act and deed,for the uses and purposes therein
mentioned.
DATED this4, day of 20'
• (SEAL) ®
Notary Publ.
Lapeirn
BECKY JO GILBERG Printe me
NOTARY PUBLIC#906177% Q � �`� �
:STATE OF WASHINGTON Ri�r atw 1 _.,
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Instrument Number: 202004u4001920 Document:EAS Rec: $109.50 Page-5 of 7
Record Date:4/1/2020 3:14 PM King County, WA
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TEMPORARY CONSTRUCTION EASEMENT
----1 .
EXHIBIT A y
PROPERTY DESCRIPTION •
NW 1/4 OF SEC. 10, T.23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
LOT 15, C D RANCHETTES, ACCORDING TO THE PLAT THEREOF,
RECORDED I O. ME 129 OF PLATS, PAGE(S) 13 THROUGH 18,
INCLUSIVE, IN UNIY, WASH NGTON,
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Record Date:4/1/2020 3:14 PM King County, WA
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TEMPORARY CONSTRUCTION EASEMENTEXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E.,W.M.
CITY OF RENTON, KING COUNTY, WA
THE WEST 5.00 2 r LOT 15 OF CAST EWOOD RANCHETTES,
RECORDED UNDER ' E 129 OF PLATS, PAGES 13-18, KING
COUNTY RECORDS.
CONTAINING 420 SQUAREOT ORE OR LESS.
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Record Date:4/1/2020 3:14 PM King County, WA
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TEMPORARY CONSTRUCTION EASEMENT ({i
EXHIBIT C g . ,
TEMPORARY CONSTRUCTION EASEMENT
NW 1/4 OF SEC. 10,T. 23 N., R. 05 E.,W.M.
CITY OF RENTON, KING COUNTY,WA
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40‘ Group
Northwest Diary of Right of Way Activities
® Acquisition ❑ Relocation Assistance ❑ Property Management
R/W No.: 6 Phone No.: Owner:
(206) 949-1734 Stuart and Susan Whittaker
Tax Parcel No.: Other: Business:
143765-0150
Location of Subject: 821 Duvall P1 NE, Renton, WA 98059
Mailing Address of Subject: 821 Duvall P1 NE, Renton, WA 98059
Date Activities
Parcel assigned to Kristina Guzman, Senior Right-of-Way Agent with RES Group
Northwest.
2/4/2020 I received a phone call from Stuart, who stated he received my phone number from his
neighbor, John Zable. Stuart stated he spoke with someone regarding the project and
thought no property was needed. I explained the project needs a temporary construction
easement to allow space to install the improvements in the City's right-of-way. He stated
he travels around the state for work and works as a ski instructor on the weekends but has
time on Fridays. We scheduled to meet this Friday, 2/7/20 at noon.
2/7/2020 I met with Stuart and Susan Whittaker at their home at noon. I presented the offer of
$1,700 for a 420 square foot TCE for a period of 24 months. The package consisted of the
offer letter, TCE document and voucher. I went through the offer letter in detail and
explained the $750 statutory allowanced. I showed Mr. and Mrs. Whittaker some of the
preliminary construction plans, including the sidewalk plan to explain how the
improvements would look on the west side of her property. I explained that although most
of the TCE is on the inside of her fence that it was my understanding the fence would not
be disturbed, however, if it was it would be replaced in similar condition. We also went
through the TCE document. Mr. Whittaker stated he wished they would take down the
fence and replace. Ms. Whittaker had concerns regarding noise from the road. I explained
the project is not installing a noise wall. They stated they would wait to talk to their
neighbor John before they made any decisions. I told them to feel free to call with any
questions or I would give them a call in a couple of weeks.
3/3/2020 I called and spoke with Stuart,who was out of town in Oregon,I stated I was following up
to see if he had any questions regarding the offer package
he stated he is waiting for John to figure out what he is going to do because John is retired,
has his PHD and lots of time on his hands, as long as John doesn't 'clink' around.
3/12/2020 I called and left a message with Stuart.
REAL PROPERTY VOUCHER AGREEMENT
I hereby agree to the terms and conditions listed below and
hereby certify under penalty of perjury that the items and
City of Renton amounts listed herein are proper charges,that the same or
Renton City Hall any part thereof has not been paid,and that I am
1055 S.Grady Way authorized to sign for the Claimant:
Renton,WA 98057 (Sign in Ink)
Phone:(425 430-6400
Stuart and Susan Whittaker Owner/Authorized Representative
821 Duvall Place NE Date: 3/24,7?...c",...7(—)
Renton,WA 98059
Re: City of Renton-Duvall Avenue NE TAX PARCEL NUMBER: 143765-0150
PROJECT PARCEL NUMBER: 6
In Full,Complete and Final Payment and Settlement for the Title or Interest
Conveyed or Released,as Fully Set Forth in Attached Documents: AMOUNT
Temporary Construction Easement Dated: 5/7-&I?-0ZZ
For All Lands Convey: +$00.00
Fee N/A +$00.00
Easement:TCE 420SF @$25 @ 16% +$1,680.00
For All Damages: +$00.00
Less Special Benefits:
Statutory Evaluation Allowance
jugr5:,c9SOT*SOON7
Administrative Settlement: +$550.00
Other Items:
Deductions:
TOTAL AMOUNT TO BE PAID: $2,250.00
Right-of-Way Agent: is ilia Guzman
•
3 j2112.1)2Z
Date
The City of Renton agrees to the terms and conditions listed above.
By:
Date
140 Group
Northwest
Acquisition and Relocation Services
Administrative Settlement Recommendation
Date: March 25,2020
To: Flora Lee,Transportation Design Project Manager,City of Renton
CC: Cindy Clark,P.E., Parametrix
From: Kristin Guzman,Senior Right-of-Way Consultant,RES Group NW
Subject: Administrative Settlement Recommendation
City of Renton,Duvall Avenue NE
Tax Parcel No.: 143765-0150
Project No.:6
Owner: Stuart and Susan Whittaker
The City's Original Offer dated 2/7/2020: $1,700.00
Owner's Proposed Counter Offer dated 3/25/2020: $2,250.00
Amount of Proposed Total Settlement: $2,250.00
BACKGROUND and SUMMARY OF NEGOTIATION
• On February 7,2020 an offer was made to Stuart and Susan Whittaker,the owners, in the amount
of$1,700, which consisted of a 420 square foot temporary construction easement (TCE) for 24
months. During the meeting the owners stated they would discuss the offer with their neighbors
before making a decision. Stuart further stated that his neighbor John Zable is retired and would
take the lead of reviewing the information.
• On March 3,2020 I called and spoke with Mr.Whittaker who stated he is still waiting to hear from
Mr.Zable before we reach a settlement.
• On March 25, 2020 I spoke with Mr. Whittaker, who stated he had spoken to his neighbor, Mr.
Zable,who gave him the counter offer figure of$2,250 or$550 above the offer. He stated he would
sign the documents at this amount. A settlement of$2,250 was reached between the owner and
the City.
RECOMMENDATION/JUSTIFICATION
The proposed administrative settlement figure of$2,250.00,which is$550 above the original offer amount
will expeditiously conclude the purchase of the property rights needed within the critical project timeline.
As discussed with the City the proposed settlement is a low dollar amount compared to the risk of litigation
and delays of the project. Time is of the essence, therefore this settlement is recommended, as it is
reasonable and represents prudent use of the public funds.There is fairly high risk of the cost being higher
than the proposed settlement if the purchase is delayed or the matter referred for litigation.
As documented above,I find that proposed settlement request is consistent with the law and is reasonable,
prudent,and in the public interest.
apkGroup
Northwest
Acquisition and Relocation Services
Recommended:
3/as 2410
K stina Guzman,Senior Acquist i t Date
ES Group NW
Administrative Settlement Approved:
VZ4e2c.)Ji Seitz T
ransportaon Syst Director
ublic Works
City of Renton
ADMINISTRATIVE OFFER SUMMARY- PARCEL 6
Project: City of Renton-Duvall Avenue NE
Plan Sheet 10 of 73 Plan Approval Date: 6/19 Revision Date: N/A
Federal Aid Number. N/A Tax ID No: 143765-0150
Owner. Stuart Whittaker
Location: 821 Duvall Place NE,Renton,WA 98059
Before Area: 15,198 SF After Area: 15,198 SF
Acquisition Area:
Fee: 0 SF TCE Easement: 420 SF
(area) (type) (area)
Current Use: Single-Family Zoning: Residential 8(R8)
Highest and Best Use: Continued use of existing improvements
Effects of Acquisition:
The subject consists of a rectangular-shaped lot located on the east side of Duvall Avenue NE,with direct access from Duvall Place NE.
The site is improved with a 1,610sf single-family residence constructed in 1985.The proposed acquisition consists of a five-foot TCE
along the westerly property boundary,a total of 420sf.The acquisition is necessary to allow contractors access to the site while
constructing street improvements within the abutting Duvall Avenue NE right-of-way for a period of 24 months.The TCE is valued at
8%/year,or 16%for the full term.Project maps indicate dearing and grubbing will be located entirely within the existing
right-of-way.No impact to existing fencing or landscaping is anticipated;if site improvements are impacted they will be replaced in
like-kind.
Sales relied on: Sales 1 -4 contained in data package dated: 7/17/19
Subject sold within the last 5 year: No If yes,is sale included in data package? N/A
If no,explain why not
ACQUISITION COMPENSATION .
Land in Fee:
(unit value)
Easements:
420 TCE $25.00 16% $1,680.00
(area sf) (type) (unit value) (%)
(unit value) (%)
Improvements:
sf sf
(type) (square feet) (unit value)
Damages:
Total: $1,680.00
Worksheet Date: 7/17/19 Total(Rounded): $1,700.00 •
Prepared By: " C. tat, Date: 7/17/19
1 !hove no present or prospective interest in the property that is the subject of this report and!have no
personal interest or bias with respect to the parties involved.
2. My compensation is not contingent on an action or event resulting from this report.
3. !affirm that the valuation problem is uncomplicated. I concur in the value estimate herein. I authorize an
Administrative Offer be made in said amount as Just Compensation.
is
1)- 1-P 1 3firille/M/P\ Date: fj/ / /q
This form is prepared in confor/ance with Federal and State policy and procedures,under the Uniform Relocation Act It does not constitute an
SUBJECT PARCEL 6
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Market Data - Comparable Sale 1
(1)ADDRESS or LOCATION: 2415 NE 22nd Street NE,Renton,WA 98056
(2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE
(3) a. Access: Direct from NE 22nd Street
b. Use at Sale: Vacant
c. H&B Use: Single-Family
d. Zoning: R8
e. Dimensions: Rectangular
f. Site Area(sf): 7,945
g. Sale Date: 3/4/2018
h. Price: $312,000
i. Instrument Type: Warranty Deed
j. Terms: Typical
k. Ex.Tax#or AF#: E2976142 •
I. Seller: Sami Said
m. Buyer: Brian McIntosh
n. Confirmed with: Nader Nessim
Phone#: 206-941-4918
o. Confirmed by: Matthew Sloan
p. Date Inspected: 7/10/19
(4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 225320-0006
(5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.):
a.
This is the March 2019 sale of a SFR lot on the south side of 22nd Avenue NE in the Kennydale Hill
neighborhood of Renton.The site is rrelatively narrow,but with adequate width and depth for
development.All utilities are available.
b. Confirmation Data and Comments:
The property previously sold in early 2018 for$285,000.
(6)ANALYSIS:
ITEM Contribution Market Value
Land: $312,000 $39.27
Building Improvements: $0 $0.00
Site Improvements: $0 $0.00
Other: $0 $0.00
TOTAL SALE PRICE,6/SF $312,000 $39.27
COMPARABLE SALE 1
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Market Data -Comparable Sale 2
(1)ADDRESS or LOCATION: 12026 155th Avenue SE,Renton,WA 98056
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(2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE
(3) a. Access: Direct from 155th Avenue SE
b. Use at Sale: Vacant
c. H&B Use: Single-Family
d. Zoning: R4
e. Dimensions: Rectangular
f. Site Area(sf): 10,726
g. "Sale Date: 7/31/2018
h. Price: $260,000
i. Instrument Type: Warranty Deed
j. Terms: Typical
k. Ex.Tax#or AF#: E2944863
I, Seller. Halgreen Family Trust
m. Buyer: Anh Luu
n. Confirmed with: Adria Krall
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Phone#: 206-226-4029
o. Confirmed by: Matthew Sloan
p. Date Inspected: 7/17/19
(4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 935330-0960
(5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.):
a.
This is the July 2018 sale of a SFR lot on the east side of 155th Avenue SE in East Renton.The site is
one of several recently platted lots.The site is of a typical size and with sufficent width and depth for
development.All utilities are available.
b. Confirmation Data and Comments:
(6)ANALYSIS:
ITEM Contribution Market Value
Land: $260,000 $24.24
Building Improvements: $0 $0.00
Site Improvements: $0 $0.00
Other. $0 $0.00
TOTAL SALE PRICE,$/SF $260,000 $24.24
COMPARABLE SALE 2
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Market Data -Comparable Sale 3
(1)ADDRESS or LOCATION: 5214 NE 24th Street,Renton,WA 98059
(2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE
(3) a. Access: Direct from NE 24th Street
b. Use at Sale: Vacant
c. H&B Use: Single-Family
d. Zoning: R4
e. Dimensions: Rectangular
f. Site Area(sf): 8,374
g. Sale Date: 5/7/2018
h. Price: $291,000
i. Instrument Type: Warranty Deed
j. Terms: Typical
k. Ex.Tax#or AF#: E2928698
I. Seller. Diane/Randall Hayes
m. Buyer. Sierra Homes
n. Confirmed with: Cindy Merritt
Phone#: 425-830-6286
o. Confirmed by: Matthew Sloan
p. Date Inspected: 7/17/19
(4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 606140-0210
(5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.):
a.
This is the May 2018 sale of a development lot on NE 24th Street in Renton.The site is level,at-grade
and situated near the end of a dead-end cul-de-sac.The property was purchased by a developer that
is nearing completing of a SFR on the site.
b. Confirmation Data and Comments:
(6)ANALYSIS:
ITEM Contribution Market Value
Land: $291,000 $34.75
Building Improvements: $0 $0.00
Site Improvements: $0 $0.00
Other: $0 $0.00
TOTAL SALE PRICE,$/SF $291,000 $34.75
COMPARABLE SALE 3
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Market Data -Comparable Sale 4
(1)ADDRESS or LOCATION: 5202 NE 24th Street,Renton,WA 98059
(2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE
(3) a. Access: Direct from NE 24th Street
b. Use at Sale: Vacant
c H&B Use: Single-Family
d. Zoning: R4
e. Dimensions: Rectangular
f. Site Area(sf): 9,306
g. Sale Date: 3/30/2018
h. Price: $225,000
i. Instrument Type: Warranty Deed
j. Terms: Typical
k. Ex.Tax#or AF#: E2921818
I. Seller. Tudy Curtin
m. Buyer. Sound Built Homes
n. Confirmed with: Cindy Merritt
Phone#: 425-830-6286
o. Confirmed by: Matthew Sloan
p. Date Inspected: 7/17/19
(4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 606140-0230
(5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.):
a.
This is the March 2018 sale of a development lot on NE 24th Street in Renton.The site consists of a
corner lot that is level and at-grade.The property was purchased by a developer that plans to
construct a new SFR on the site.The property was heavily treed at the time of sale.
b. Confirmation Data and Comments:
•
(6)ANALYSIS:
ITEM Contribution Market Value
Land: $225,000 $24.18
Building Improvements: $0 $0.00
Site Improvements: $0 $0.00
Other. $0 $0.00
TOTAL SALE PRICE,$/SF $225,000 $24.18
COMPARABLE SALE 4
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October 29,2019
Property Owner
821 DUVALL PL NE
Renton WA 98059
Re: Duvall Avenue NE
Tax Parcel Number: 1437650150
Property Address:821 Duvall PI NE, Renton,WA
Dear Property Owner:
The City of Renton has been developing the Duvall Avenue NE Project.The project consists of a roadway
improvement project that will improve traffic and public safety along Duvall Avenue NE,a four-lane, high
volume arterial. The project will repave the road,install center medians with landscaping, and complete the
existing patchwork of curbs/gutters/sidewalks for a consistent streetscape.
The majority of the new improvements will be constructed within the existing City right-of-way but for a small
number of properties the City of Renton will require additional property and/or temporary easements to
construct the new improvements.We have determined it will be necessary to acquire a small portion of your
property and/or temporary construction easement for this project.
In that regard,the City would like to introduce you to those firms that are working with the City on the project.
The firm providing the overall engineering design is Parametrix.Additionally, RES Group Northwest, an
independent real estate consultant to the City will be reaching out to you to discuss the acquisition.
The City of Renton is committed to working closely with you to fully understand your concerns and provide the
appropriate assistance. A representative from RES Group Northwest will be contacting you in the next few
weeks to set up appointments to meet with you and to provide you with an opportunity to discuss specific
information regarding the project impact to your property.
If you have any questions before that time,or if you anticipate that we would have any problem contacting you,
please call Sonja Davis, RES Group Northwest at(425)577-2184,or me at City of Renton at(425)430-7303.
Sincerely,
Flora Lee, PE, PTOE
Transportation Design Project Manager