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HomeMy WebLinkAboutA 20220225000516Instrument Number: 20220225000516 Document:AG Rec: $212.50 Page-1 of 10 Record Date:2/25/2022 10:01 AM Electronically Recorded King County, WA PTATWmin City of Renton Public Works, Engineering 1055 S. Grady Way Renton, WA 98057 Document Title: Possession and Use Agreement Grantor(s): Renton Property Venture, a joint venture Grantee(s): The City of Renton Legal Description: Project Parcel 18 PTN OF LOT 1, SHORT PLAT NO. W-209-78 Additional Legal Description is on Page 5 of Document Assessor's Tax Parcel Number: 182305-9213 I'll I I �� III I ;R I'llf-T.'I M411,1100INT1117 Will This AGREEMENT is made and entered into by and between the City of Renton, hereinafter referred to as the "Agency", and the undersigned, hereinafter referred to as the "Owner": WITNESSETH WHEREAS, the Agency affirms that the Owner's real estate described herein is required by the Agency for immediate construction of a roadway project; and WHEREAS, the Agency of that any delay in its construction program is contrary to the public interest; and WHEREAS, the Agency has made a firm and continuing offer to pay the amount of EIGHTY-FIVE THOUSAND EIGHT HUNDRED DOLLARS AND 00/ 100 ($85,800.00) for the taking and damaging of the following described real property situated in King County, in the State of Washington: Page I of ) Pages Parcel Nos.: 18 FG:544133783 Instrument Number: 20220225000516 Document:AG Rec: $212.50 Page-2 of 10 Record Date:2/25/2022 10:01 AM King County, WA For legal description and additional conditions See Exhibit A attached hereto and made a T)art hereof ME WHEREAS, the Owner requires additional time to evaluate said offer and/or to resolve any questions concerning just compensation, NOW THEREFORE, for and in consideration of the payment of said offer, the Owner hereby grants to the Agency a right to possess and use the above described real estate and the partieE further agree that: The real estate is necessary for a public use of the Agency, 2. The Owners hereby waives the requirement of a written notice to move, as provided by RCW 8.26,180, and will surrender possession of the above described real estate to the Agency not later than January 1. 2022. Provided, however, that the City shall first be required to place the $85,800.00 continuing offer ("the Deposit") into escrow at Rainier Title and Escrow in Renton, Washington Escrow") on or before January 14, 2022. Escrow shall disburse the funds to Owners upon receipt of IRS W-9 forrns for each Owner Owners' withdrawal of the Deposit shall not waive Owners' right to seek compensation above and beyond the Deposit, including prejudgment interest on additional amounts paid or found to be due, nor shall Owners' withdrawal of the Deposit impair Owners' or their tenants' rights to recover relocation compensation under applicable law. 1 Execution of this agreement by the undersigned parties shall not prejudice such parties' rights to subsequent adjudication of just compensation pursuant to state law, and neither shall this agreement, nor the basis therefore, be construed as an admission of fair market value or just compensation by any of the parties named herein. 4. The date of valuation for the deten-nination of just compensation shall be Janua 14, 2022. Agency acknowledges that Owners have stipulated timely immediate use and possession for all purposes under RCW 8.25.070. 1 5, In order to facilitate settlement of the matter of just compensation for the takin� and damaging of the property, the Agency shall update its appraisal to reflect the Page 2 of Pages Parcel No. 18 mid-i-9 FG:544133783 Instrument Number: 20220225000516 Document:AG Rec: $212.50 Page-3 of 10 Record Date:2/25/2022 10:01 AM King County, WA POSSESSION AND USE AGREEMENT date of valuation, and the Owners shall have up to 60 days thereafter to produce their appraisal in the event settlement negotiations are unsuccessful, T If the parties are unable to reach agreement by March 15 2022, they will engage in mediation in a good faith effort to reach a settlement on or before May 1, 2022. The City shall pay one half of the mediator's cost and the Owners shall pay the other half & If the parties are unable to reach an agreement on just compensation for the taking and darnaging of the above referenced property at mediation the Agency shall institute condemnation proceedings on or before June 1, 2022. 9. In the event an action is filed, the Owners shall: A. Authorize Kin D. Stephens, Esq. of Seattle, Washington to accept service on Owners behalf, B. Stipulate to entry of an Order Adjudicating Public Use and Necessity; and C. Stipulate to entry of an Order Granting Immediate Possession and Use as provided by RCW 8.25.070, which, by this reference, are incorporated herein as if fully set forth. 0. The terms and obligations hereof shall not become binding upon THE CITY OF RENTON, unless and until accepted and approved hereon in writing for THE CITY OF RENTON, by its authorized agent. Renton Property Venture, a joint venture Sheldon Itkin, Trustee, Itkin Family Trust 13ated: �-Z C C&S �L Charles P. Levens, Trustee, vens Revocable Trust 7/e Dated - Sally S. Levens, Trustee, C&S Levens Revocable Trust Page 3 of f Pages Parcel No. 18 vm+44 FG:544133793 Instrument Number: 20220225000516 Document:AG Rec: $212.50 Page-4 of 10 Record Date:2/25/2022 10:01 AM King County, WA CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of -A _­--­­-­-­- I On before me, Date Here Insert Name and Title of the Officer personally appeared -AgIEL Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. HEIDI m. MORRISON Notary Public - California Solana County COMMission ' 2316925 MY COmm, Expires Dec 23, 2023 Place Notary Seal andlor Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature Signature of Notary Public LM29 10a1KT 1kjQ11111M Description of Attached Document Title or Type of Document: Document Date: Number of Pages:____ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: * Corporate Officer — Title(s):­ * Partner — 0 Limited 0 General * Individual 0 Attorney in Fact gL Trustee ri Guardian or Conservator 0 Other: Signer is Representing - 02018 National Notary Association Signer's Name: -2,, 0 Corporate Officer — Title(s): Cl Partner — 0 Limited 11 General Fj Individual 11 Attorney in Fact 23 Trustee 11 Guardian or Conservator 11 Other: Signer is Representing: Instrument Number: 20220225000516 Document:AG Rec: $212.50 Page-5 of 10 Record Date:2/25/2022 10:01 AM King County, WA POSSESSION AND USE AGREEMENT Accepted and Approved THE CITY OF RENTON Acknowledgment Page 4 of Pages Parcel No. 18-mH4 FG:54413378,3 Instrument Number 20220225000516 g0£umen :AG Re :$212: O Page-6 of10 Record Da e 2 25 2022 10:01 AM King County, WA EXHIBIT A PARCEL � < Z82 05-92 °^ d# . � .: RIGHT OF WAY ACQUISITION P« TICO TLE COIfw PARCEL A: LOT 1, COUNTY OF KING SHORU ««O O « » a RECORDED UNDER RECORDING NUMBER 7810049 « BEING \fPORTION « F< NORTHEASTOF THE d~ «O?\ : (GOVERNMENT »)SECTIO 8\TOWNSHIP ©3?:_w?Q2. , NON-EXCLUSIVE fa ROAJOC& Page !w! A ymsEA2�! � Instrument Number: 20220225000516 Document:AG Rec: $212.50 Page-7 of 10 Record Date:2/25/2022 10:01 AM King County, WA SE 1/4, SEC. 18, T. 23 N, R. 5 E., W.M. TAX LOT NUMBER 182305-9273 - - --PROPERTY LFNIf RIGHT OF WAY AREA 1080 — - ?F�OPERTY LINE EXHIBIT PARCEL 182305-9213 RIGHT OF WAY ACQUIS111ON Page 4 of (9) Uj t Ln N.T.S. in 54.00- ck: LLJ it LL- se Q� -< 5 M UJ Instrument Number: 20220225000516 Document:AG Rec: $212.50 Page-8 of 10 Record Date:2/25/2022 10:01 AM King County, WA EXHIBIT « PARCEL NO. 182305-9213 AVENUEOF ALINE THAT IS 58.00 FEET WESTERLY OFAND PARALLEL WITH SAID CENTERLINE OF RAINIER LEER TICOR TITLE COMPANY ORDER NO. 70047234_ DA PARCEL { LOT 1, COUNTY OF KING SHORT SUBDIVISION NO. W-209-78, RECORDED UNDER KING COUNTY RECORDING NUMBER 7810049011, BEING « PORTION ` « QUARTER COSOUTHWEST QUARTER (GOVERNMENT LOT 1), SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM, INKING ON. PARCEL Y` I i A NON-EXCLUSIVE EASEMENT FOR UTILITY s fI ♦ M # f { .1AIR } a MARGIN RANGETOWNSHIP 23 NORTH, EAST, «.N. BEGINNINGTHENCE SOUTH 2*18'47" WESTALONG SAID WEST MARGIN 90.00 FEET TO THE TRUE POINT OF OF SAID CENTERLINE, TERMINUSTHENCE NORTH 89*51'11 " WEST PARALLEL WITH SAID SOUTH RIGHT-OF-WAY LINE 170.00 FEET TO THE �F ! ♦ yi EXCEPT ANY PORTION IY T ABOVE DESCRIBED PARCEL i A. 18 ESMT.DOCX Fags 1 of 1 TACvOMA•SEATTLE Instrument Number: 20220225000516 Document:AG Rec: $212.50 Page-9 of 10 Record Date:2/25/2022 10:01 AM King County, WA 001011 TAX LOT NUMBER 182305-9273 4.00' —PROPERTY LINE — N.T.S. to IC) 58.0v 54.00t PERMANENT EASEMENT AREA = 360 S.F.±va TAX LOT NUMBER 182305-9213 9 C) LLJ z ROW ACQUIS1110N cnI 42' PROPERTY LINE ROW 4.00' ��w� c°C 0 0 TAX LOT NUMBER ROW VARIES 182305-9079 LLA DATE: MAY 12, 2020 FILE: 18.DWG lcp4m- Intardladplinary Design EXHIBIT 3131 Ell% A" All, PARCEL 182305-9213 suk a TWMASO 3a*'wAwl (W)V*20 PERMANENT EASEMENT (MIMIN %"AM= Instrument Number: 20220225000516 Document:AG Rec: $212.50 Page-10 of 10 Record Date:2/25/2022 10:01 AM King County, WA 0 C� LO XIM9911,11 SE 1/4, SEC. 18, T. 23 N., R. 5 E, Wk TAX LOT NUMBER 182305-9273 ROPERTY LINE < UJ -60,75 60.79' U-) Z: CN lul n (D 0 7 C.N C.D 59.50 z AREA = 1507 S.F± @ I I - ROW ACQUISITION TAX LOT NUMBER 182305-9213 PERMANENT EST M 5 42' LU Ne nt ROW �7 ?'�A L L A14t) Interdisciplinary Design 3131EIdAve 12112kbrwAve SA 00 Tamm, WA W02 SeAWA96121 J253j627-0720 (20612WI640 wwwApilmn EXHIBIT A PARCEL 182305-9213 TEMPORARY CONSTRUCTION EASEMENT 1214