Loading...
HomeMy WebLinkAboutParcel 16 - Kaba Investment Row Eastment Armondo Pavone Mayor alb 4)FNTOta Public Works Department OFFER LETTER March 20, 2020 Kaba Investments, LLC Attn: Wei-Ting Hsiao 9424 Vineyard Crest Bellevue, WA 98004 RE: Project Name: Duvall Avenue NE Tax Parcel No: 516970-0092 Dear Mr. Hsiao: As you likely are 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 the property and/or certain property rights related to the property located at 4637 NE Sunset Blvd, Renton and identified as King County Assessor's tax parcel number 516970-0092. A copy of the map or"Right of Way Plan" is attached. By law the City must pay for the property and/or property rights acquired, unless it is donated 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 greater than $10,000 and less than $25,000, 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. You have the right to request the City appraise your property any time prior to accepting the offer. An administrative offer of$15,400.00 is being made for your property or property rights. This offer consists of: • $9,270.00 for 309 SF of land in Right of Way Easement • $6,115.20 for 637 SF of land in Temporary Construction Easement The basis for this offer is contained in the attached report. Payment for the 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. 1055 South Grady Way, Renton,WA 98057 • rentonwa.gov Kaba Investments, LLC Page 2 of 2 March 20, 2020 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 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 there is any personal property presently located on the property being acquired by the City that will need to be moved, however the City will reimburse the owner 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.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,Sonja Davis (425)577-2184. We look forward to working with you and we would appreciate a response to this offer at your earliest convenience. Sincerely, TRANSPORTATION SYSTEMS DIV ION F Jim Seitz Director Receipt of this letter is hereby acknowledged. I understand that this acknowledgement does not signify acceptance or rejection of this offer. Date: Signature Enclosure: Administrative Offer Report \ O� 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov o� l+ © + I PUBLIC WORKS DEPARTMENT �, .. . M E M . .OR A N D U M DATE: June 29, 2020 TO: . Martin Pastucha, Public Works:Administrator CC: Bob Hanson, Transportation Design Manager . FROM: • Jim Seitz,Transportation Director. STAFF CONTACT: Flora Lee, Transportation Project Manager/Civil Engineer III: SUBJECT: Duvall Avenue NE Project Project Parcel#16 (Kaba Investments,LLC) :. ; Signature to secure easements for Right=of-Way As part of the Duvall Avenue NE Project,,a temporary construction easement (TCE) and a right-of-way.(ROW) easement are being acquired from Kaba Investments LLC, property located:at:4637 NE Sunset Blvd, Renton and identified as King County Assessor's:tax parcel number 51697.0-0092. The project right-of-way consultant, RES Group Northwest, has obtained signature:on the right-of-way documents, including the temporary construction and right-of-way easements. The:easements were previously authorized and signed with electronic signature but Escrow requires a "wet" signature. Please sign the TCE, ROW easement,.: . along with the Real Property Voucher (RPV), Real Estate Purchase and Sale Agreement, • and Excise Tax Affidavit. Please return all documents to Flora Lee. She e S e i wiI t coor.dinate with Escrow and Finance regarding recording and release of payment. The total amount of the TCE.and ROW easement ($15,400)to Kaba Investments, LLC is. within the current Duvall Avenue NE Project right-of-way:budget, and will be funded from account 317.122702.016.595:20.63.000. h:\file sys\ted-transp engr design\ted 40-projects\04100 duvall ave ne ph4_to_sunset\400_design\430row\signed. packages\working_files\parcel 16\parcel 16 to pw admin-kaba:docx REAL PROPERTY VOUCHER AGREEMENT AGENCY NAME I hereby agree to the terms and conditions listed below and City of Renton hereby certify under penalty of perjury that the items and 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 , 'GRANTOR or CLAIMANT By: j� i Kaba Investments, LLC Owner uthorized Rep es native Attn: Wei-Ting Hsiao Date: 5742��:2-0 9424 Vineyard Crest Bellevue, WA 98004 Re: City of Renton—Duvall Avenue NE TAX PARCEL NUMBER: 516970-0092 PROJECT PARCEL NUMBER: 16 In Full,Complete and Final Payment and Settlement for the Title or Interest Conveyed or Released,as Fully Set Fort y in Aft ched Documents: AMOUNT //, Right of Way Easement Dated: 5 7E.22 2 For All Lands Convey: +$00.00 Right of Way Easement: 309 SF @ $60.00 @ 50% +$ 9,270.00 Temporary Construction Easement(TCE)637SF @$60.00 @16% +$ 6,115.20 For All Damages: +$00.00 Less Special Benefits: Statutory Evaluation Allowance JUST COMPENSATION $ Legal/Administrative: +$00.00 Other Items: Deductions: FINAL SETTLEMENT $ 15,400.00 (R) SUBTOTAL $ 15,400.00 TOTAL AMOUNT TO BE PAID: $ 15,400.00 Right-of-Way Agent: Sonja Davis By: 77ti )11)- / S%?/D-O Date The City of Renton agrees to the terms and conditions listed above. KilaOLLL By: Date REAL ESTATE PURCHASE AND SALE AGREEMENT This Real Estate Purchase and Sale Agreement ("Agreement") is made as of the date this instrument is fully executed by and between Kaba Investments, LLC, ("Seller"), and the City of Renton, a municipal corporation ("Buyer" or "City"), for purchase and sale of a permanent right of way easement and a temporary construction easement over a portion of that certain real property situated in King County, Washington, legally described on Exhibit "A", attached hereto (the "Property"). The permanent right of way easement consists of 309 square feet and is legally described on Exhibit`B", attached hereto (the "Easement"). The temporary construction easement consists of 637 square feet and is depicted on Exhibit"C", attached hereto (the "TCE"). Collectively, the portions of the Property encumbered by the Easement and the TCE are referred to as the"Easement Areas." 1. PURCHASE PRICE: The total purchase price for the easements is Fifteen thousand four hundred and No/100 Dollars ($15,400.00) ("Purchase Price"). The Purchase Price consists of the Easement valued at$9,270.00 and the TCE valued at$6,115.20. The Purchase Price is payable at closing in cash. 2. CONVEYANCE OF TITLE: 2.1 Easements: At closing, Seller will execute and deliver, in a form acceptable to Buyer,the Easement, conveying and warranting good and marketable title to the Easement free and clear of all defects or encumbrances except for the lien of real estate taxes and drainage service charges not yet due and payable and those defects and/or encumbrances (if any) identified on Exhibit"D" attached hereto (collectively, "Permitted Exceptions"). Additionally, the Seller will execute and deliver to Buyer a temporary construction easement for a period of twenty-four (24) months commencing forty-eight (48) hours after City of Renton and/or its contractors provide written notification to Seller of its intent to commence construction. 2.2 Title Insurance: At closing, Buyer shall receive (at Buyer's expense) an owner's Standard ALTA policy of title insurance, dated as of the closing date and insuring Buyer in the amount of the Purchase Price against loss or damage by reason of defect in Buyer's title to the Easement subject only to the printed exclusions appearing in the policy form and any Permitted Exceptions. 3. CONTINGENCIES: 3.1 This Agreement is subject to the following contingencies: A. None B. None 3.2 Removal of Contingencies: Buyer shall have a period of 60 days from the date all parties have signed this Agreement to remove all contingencies. Buyer may remove such contingencies by sending written notice thereof to Seller pursuant to Paragraph 7 herein. If the contingencies are not removed within this period, this Agreement shall be null and void. Parcel No. 516970-0092 Page 1 of 10 4. RISK OF LOSS: Seller will bear the risk of loss of or damage to the Easement Areas prior to closing. In the event of such loss or damage to the Easement Areas, Seller shall promptly notify Buyer thereof and Buyer may, in its sole discretion, terminate this Agreement by giving notice of termination to the Seller. 5. SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS: Seller represents, warrants, and covenants to the Buyer at the date of execution of this Agreement and the date of closing that: 5.1 Authority: Seller, and the person(s) signing on behalf of Seller, has full power and authority to execute this Agreement and perform Seller's obligations,and if Seller is a corporation, all necessary corporate action to authorize this transaction has been taken. 5.2 Leases: The Easement Areas are subject to a lease between NA and NA- , recorded , and any unrecorded leaseholds, rights of vendors and holders of security interest on personal property installed upon said property, and right of tenants to remove trade fixtures at the expiration of the term. 5.3 No Material Defect: Seller is unaware of any material defect in the Property. To the best of Seller's knowledge, the information regarding the Property as provided by Seller is complete, accurate,true and correct and does not fail to state any fact without which such information would be misleading. 5.4 Debris and Personal Property: Seller will remove all debris and personal property,prior to each closing, located on the Easement Areas (if any) at Seller's cost and expense, and Seller will indemnify and hold Buyer harmless from all claims and expenses arising from such removal. 5.5 Contamination: Seller represents and warrants that he/she/it has not caused or allowed the generation,treatment, storage, or disposal of hazardous substances on the property,nor caused or allowed the release of any hazardous substance onto, at, or near the Easement. Seller is in compliance with all applicable laws, rules, and regulations regarding the handling of hazardous substances,has secured all necessary permits, licenses and approvals necessary to its operation on the Easement Areas, and is in compliance with such permits. Seller has not received notice of any proceedings, claims, or lawsuits arising out of its operations on the Easement Areas and, to the Seller's knowledge, the property is not, nor has it ever been subject to the release of hazardous substances. 5.6 Fees and Commissions: Seller shall pay for any broker's or other commissions or fees incurred by the Seller in connection with the sale of the Easement and Seller shall indemnify and hold Buyer harmless from all such claims for commission and/or fees. 5.7 Indemnification: Seller agrees to indemnify, defend and hold harmless Buyer, its employees,agents,heirs and assigns,from and against any and all damage, claim,liability,or loss, including reasonable attorney's and other fees,arising out of or in any way connected to the breach of any representation or warranty contained herein. Such duty of indemnification shall include, Parcel No.516970-0092 Page 2 of 10 but not be limited to damage, liability, or loss pursuant to all federal environmental laws, Washington State environmental laws, strict liability and common law. 5.8 Ownership; Non-Foreign Status: Seller owns the Property and has the right to sell the Property, and is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, IRS Section 1445(b)(2) ("FIRPTA"), as amended. 6. CLOSING: 6.1 Time for Closing and Closing Agent: The sale will be closed in the office of the Closing Agent not later than twenty-one (21) days from the date all contingencies set forth in Paragraph 3 herein have been removed, or as soon thereafter as practicable. Buyer and Seller shall deposit in escrow with the Closing Agent all instruments, documents and moneys necessary to complete the sale in accordance with this Agreement. As used in this Agreement, "closing" and "date of closing" means the date on which all appropriate documents are recorded and proceeds of the sale are available for disbursement to Seller. The Closing Agent shall be: Chicago Title Insurance Company 701 5th Ave, Suite 2700 Seattle, WA 98104 6.2 Prorations: Closing Costs: Seller will pay real property taxes prorated through the date of closing. Buyer will pay the premium for its owner's title insurance policy,the cost of recording the Easement, Wall Easement and TCE from the Seller, real estate excise taxes (if any are due) and the Closing Agent's escrow fees. 6.3 Possession: Buyer shall be entitled to possession of the Easement and TCE at Closing. 6.4 Closing Obligations of Buyer: On or before Closing the Buyer shall deliver to the Closing Agent the following: 6.4.1 All funds required to be paid by Buyer under this Agreement, in cash. 6.4.2 A Closing Statement in form and content reasonably satisfactory to the parties. 6.4.3 A Real Estate Excise Tax Affidavit executed by the Buyer in the form required by law. 6.4.4 Any other documents necessary to effect the transaction contemplated in this Agreement. 6.5 Closing Obligations of Seller: At Closing, Seller shall deliver to Escrow Agent the following duly executed and acknowledged documents (where appropriate): Parcel No. 516970-0092 Page 3 of 10 6.5.1 The Easement, Wall Easement, and TCE required under Paragraph 2.1 of this Agreement. 6.5.2 A Closing Statement in form and content reasonably satisfactory to the parties. 6.5.3 A FIRPTA certification. 6.5.4 A Real Estate Excise Tax Affidavit executed by Seller in the form required by law. 6.5.5 Any other documents necessary to effect the transaction contemplated in this Agreement. 7. NOTICES: All notices, demands, consents, approvals and other communications which are required or desired to be given by either party to the other under this Agreement shall be in writing and shall be hand delivered or sent by United States regular mail, postage prepaid, return receipt requested, or by email transmission, addressed to the appropriate party at its address set forth below,or at such other address as such party shall have last designated by notice to the other. Notices, demands, consents, approvals, and other communications shall be deemed given when delivered, or three days after mailing, or on the day that an email transmission is received,to or at the following addresses: TO SELLER: TO BUYER: Kaba Investments, LLC City of Renton Attn: Wei-Ting Hsiao Public Works Department 9424 Vineyard Crest Attn: Flora Lee Bellevue, WA 98004 1055 South Grady Way Telephone: (425) 269-0336 Renton, WA 98057 Email: raha/hVeStrytaJr gootflook Telephone: (425) 430-4303 9/Y) Email: FLee@Rentonwa.gov 8. GENERAL: This is the entire agreement of the Buyer and Seller with respect to the Easement and supersedes all prior or contemporaneous agreements between them, written or oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any waivers under this Agreement must be in writing. A waiver of any right or remedy in the event of a default will not constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement is for the benefit of, and binding upon, Buyer and Seller and their heirs, personal representatives, successors and assigns. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Time is of the essence in this Agreement. This Agreement may be executed in one or more counterparts, each of which will be considered an original instrument and all of which together will be considered the same agreement. 9. WASTE; ALTERATION OF EASEMENT: Seller shall not commit waste on the Easement Areas,nor shall Seller remove trees or other vegetation, coal,minerals or other valuable materials nor shall Seller substantially alter the surface or subsurface of the Easement Areas without the express written consent of Buyer. Parcel No. 516970-0092 Page 4 of 10 10. SURVIVAL OF WARRANTIES: The terms, covenants, representations and warranties shall not merge in the deed of conveyance, but shall survive closing. 11. TERMINATION OF OFFER: This offer shall terminate if not accepted by Seller on or before 12. EFFECTIVE DATE: The Effective Date is the date of the last Parties' signature below. Signed in duplicate original. BUYER: City of Renton, a Municipal Corporation By: Vl J�7D� Its rtOlkiv D 5 Avimri Date 4-t4 1 20 20 SELLER: Kaba Investments,LLC By: Its 40alrggefilhat Date /,�742V-0 EXHIBITS: Exhibit A,Property Legal Description Exhibit B, Right of Way Easement Legal Description Exhibit C, Temporary Construction Easement Depiction Exhibit D, Permitted Exceptions Parcel No.516970-0092 Page 5 of 10 STATE OF WASHINGTO ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Wei-Ting Hsiao is the person who appeared before me,and said person acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledged it as the Managing Member of Kaba Investments,LLC,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this d 7 day of in, 20 016. (SEAL) 'V �> > I"+' ubhc Dx04., •=,32695.14 u• ��� P G► Davis ' OT�Y '',,,�� Printed N me u,''.�0 PUBUC Residing at /6/hic/ 4. ,�l 9j�.�� FXPIRES � '`�� C<`` ,," � � ` My appointment expires /p� /?Z Parcel No. 516970-0092 Page 6 of 10 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION EXHIBIT A PROPERTY DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA (PER STATUTORY WARRANTY DEED, RECORDED UNDER AUDITOR'S FILE NO. 20130614000711) LOT 1 OF CITY OF RENTON CENTRAL HIGHLANDS PLAZA SHORT PLAT I NO. 330-79, RECORDED FEBRUARY 26, 1980 UNDER RECORDING NO. 8002269014, RECORDS OF KING COUNTY, WASHINGTON. 0M• KE- 0�,OP RA Silt / 7'y'��� Croy/� 1 ! 12,, 4,889 .? L /Z-Zo-I9 Parcel No. 516970-0092 Page 7 of 10 • EXHIBIT "B" RIGHT OF WAY EASEMENT LEGAL DESCRIPTION EXHIBIT B PERMANENT EASEMENT DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA A PORTION OF LOT 1 OF CITY OF RENTON SHORT PLAT NO. 330-79 RECORDED UNDER AUDITOR'S FILE NUMBER 8002269014, KING COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 88'36'38" WEST 5.01 FEET ALONG THE SOUTH UNE OF SAID LOT 1; THENCE NORTH 04'56'55" EAST 61.98 FEET; THENCE SOUTH 85'03'05" EAST 5.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF DUVALL AVENUE NORTHEAST; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 04'56'55" WEST 61.67 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 309 SQUARE FEET, MORE OR LESS. ��J7WAs / 5� P 46889} ° �i�� �ssi NAL 4'0/SLAN SJ�, �, 2-IZ-Zo • Parcel No.516970-0092 Page 8 of 10 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT DEPICTION EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA 1 I S85'03105"E \ I 5.00' I ( APN 5169700092) I z �l KABA INVESTMENTS LLC PIS o W ,��I%4637 NE SUNSET BLVD 98059 > M Q a o �/ I J LOT 1 NI�� CITY OF RENTON S.P. #330-79 z j o M AFN 8002269014 /1' v, I ØI/J, N8503'05"W1 toLug/ 5.00'S88'36'38E inI 20.04' z N I NO4'56'55"E /I P.O.C. r 3.01' ----—-- -- ei AN88'36'38"W ,.25.05' T.P.0.8. N88'36'38"W 0 30' I 5.01'I I sa Parametrix TOTAL AREA 637 SQ. FT. LEGEND I "1, O M. KFM P.O.C. POINT OF COMMENCEMENT ���OF FAggr�C�/� T.P.O.B. TRUE POINT OF BEGINNING �� 'y 1/////1 //////A EASEMENTY AREA UCTION '(.. ' ;. 1119' ,.. — — EXISTING RIGHT OF WAY LINE /6 �, 46889 ,t-ay� - - - CENTERUNE Fs0/,, s L SO oS•ea L LAN —--—--—--—--— PROPERTY LINE ,,,, ( APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER 3-0-202.0 Parcel No.516970-0092 Page 9 of 10 EXHIBIT "D" PERMITTED EXCEPTIONS/TITLE REPORT 1. Subject to: Covenants, conditions, restriction, reservations, easements or other servitudes. If any, disclosed by the recorded Plat of Joseph P. Marshall Tracts: recording no. 3250442. 2. Subject to: May Creek Flood Control Zone District, flood control works under the recording no.5943056, First Amendment under recording no. 8104290507 and Second Amendment under recording no. 9604300819. 3. Subject to: City of Renton Storm Sewer Easement under the recording no. 7711160658 4. Subject to: Underground transmission and/or distribution system for Puget Sound Power& Light Company under the recording no. 7903060809 5. Subject to: Covenants, conditions, restriction, recitals, reservations, easement, easement provisions, dedications, if any, and disclosed and set forth on Central Highlands Plaza Short Plat 1: under the recording no. 8002269014 6. Subject to: Covenants, conditions, restriction, recitals, reservations, easement, easement provisions, dedications, if any, and disclosed and set forth on Central Highlands Plasa Binding Site Plan: under the recording no. 8805200326, Amendment under the recording no.9604290131, and Amendment of said site plan under the recording no. 9605081004. 7. Subject to: Assignment of Rents and Leases 8. Subject to: Any unrecorded leaseholds,right of vendors and holder's security. 9. Subject to: Deed of Trust in the amount of$700,000.00, Trustee First American Title Insurance Company,Beneficiary, Washington State Employee Credit Union under the recording no. 20171004000859. Lender will need to sign the easement. 10. Subject to: Assignment of Rents and Leases, assignee, Washington State Employees Credit Union under recording no. 20171004000860. Lender will need to sign the easement. Parcel No.516970-0092 Page 10 of 10