Loading...
HomeMy WebLinkAboutA 20110727001156 After recording return document to: City of Renton City Clerk 1055 South Grady Way 111 111 11 11 111 11111 Renton, WA 98057 20110727001156 PACIFIC NW TIT AG 73.00 PAGE-001 OF 012 07/27/2011 15:35 KING COUNTY, WA 12'0' Document Title: and Possession Use Agreement g Bement Project File#: TED 403430 Project Name: Rainier Ave South (SR167)-South Grady Way to South 2"d Street Grantor(s): SFP-A Limited Partnership, an Oregon limited partnership Grantee(s): City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn. NE 1/419-23-5 Assessor's Tax Parcel Number: 1923059044 FiE...ED BY PNANI POSSESSION AND USE AGREEMENT This AGREEMENT is made and entered into by and between the City of Renton, a municipal corporation of the State of Washington, and SFP-A Limited Partnership, an Oregon limited partnership, the undersigned, hereinafter referred to as the "Owner(s)": WITNESSETH WHEREAS, the City of Renton affirms that the Owner(s)' real estate described herein is required by the City of Renton for immediate construction of a transportation project to Rainier Avenue South(SR 167) ("Project"). AND WHEREAS, the City of Renton affirms that any delay in its construction program is contrary to the public interest; POSSESSION AND USE AGREEMENT - 1 • AND WHEREAS, the City of Renton has made a firm and continuing offer to pay the amount of NINETY-ONE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($91,800.00) ("Offer") for the purchase of the following described real property situated in King County, in the State of Washington: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF AND WHEREAS, the Owner(s) require additional time to evaluate the Offer and/or to resolve issues pertaining to just compensation, including but not limited to adjudication of compensation pursuant to the laws of the State of Washington; NOW THEREFORE, for and in consideration of the Offer, the Owner(s) hereby grant to the City of Renton a right to enter, possess and use the above described real property described in EXHIBIT A, and the parties further agree that: 1. The above described real property is necessary for a public use of the City of Renton. It is the intent of the City of Renton to exercise the power of eminent domain, if necessary, to acquire the real property described herein. All payments made to Owner(s) hereunder shall be in the exercise of the power of eminent domain. 2. The City of Renton shall issue a warrant in payment to the Owner(s) in the amount of the Offer stated above, without deduction or offset of any kind. The City of Renton acknowledges that this warrant shall be issued in consideration of Owner(s)' execution of this Agreement and that the full amount of such payment shall in all circumstances be nonrefundable to the City of Renton, irrespective of whether the City of Renton proceeds with condemnation, whether the above- described Project is constructed, or the final adjudication of just compensation for the taking of the real property, subject only to deduction of the value of interests of others therein and/or credit for the City of Renton's payment to Owner(s)' against final adjudication of just compensation for the taking of the real property. 3. 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 (including, but not limited to, the Offer) be construed as an admission of fair market value or just compensation by any of the parties named herein. 4. If it becomes necessary for the City of Renton to institute condemnation POSSESSION AND USE AGREEMENT -2 L proceedings, the Owner(s) have no objection and hereby stipulate to the City of Renton entering an Order Adjudicating Public Use, as provided by RCW 8.12.090, and agree that this instrument shall be treated as having the same legal effect as an Order for Immediate Possession provided by RCW 8.25.070, et seq., which, by this reference, are incorporated herein as if fully set forth. 5. The parties hereto agree that the date of valuation for the determination of just compensation for the above described real property shall be the date that this agreement is accepted and approved by the Public Works Administrator of the City of Renton. Nothing herein shall prejudice the rights of the parties to present evidence of property valuation based upon projected Project impacts. 6. Nothing herein shall preclude the City of Renton from hereafter changing its plans to increase or decrease the nature or extent of the acquisition nor from mitigation of damages. If the acquisition is enlarged a supplemental Possession and Use Agreement will be required. No party is under a legal obligation to enter into any such supplemental Possession and Use Agreement. 7. Until this Agreement is accepted and approved by the City of Renton's Public Works Administrator, the City of Renton shall have no right of entry, use or possession of the real property described in Exhibit A hereto. Following the date of such approval by the City of Renton's Public Works Administrator, the City of Renton will indemnify, defend and hold Owner(s) harmless from and against all costs, claims, expenses and damages, including reasonable attorneys' fees (with or without litigation), arising in any way in connection with the City of Renton's entry, possession or use onto said real property by the City of Renton, its employees or agents, contractors, subcontractors and assigns. 8. The Owner(s) hereby waive the requirement of a written notice to move, as provided by RCW 8.26.180, and will surrender possession of the above described real property to the City of Renton not later than March 31,2011. IT IS UNDERSTOOD AND AGREED that delivery of this Agreement 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 for the City of Renton by its Public Works Administrator. POSSESSION AND USE AGREEMENT -3 • Accepted and Approved: Dated: March 7 , 2011. SFP-A LIMITED PARTNERSHIP By: (514\9-.14/ Secretary of SSC-A, Inc. Its: its General Partner Accepted and Approved: CITY OF RENTON B'• _—/ l/ ' regg - an Public /0 s Administrator Approved as to Form: Lawrence J. Warren City Attorney Date: 3)1`I 1 �C\� POSSESSION AND USE AGREEMENT - 4 STATE OF OREGON ) ss. County of Deschutes ) This instrument was acknowledged before me on March 7, 2011 by Corey J. Parks as Secretary of SSC-A, Inc., the General Partner of SFP-A Limited Partnership. 7 L.6 r jjtaryPublic - State of egon NOTARY PUBLI 'Ny �:� ,qCOMMISSION NO.417162 _6 �nn�r)y •d0: 1-.� , ry • • • CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON ) K ss COUNTY OF ( t� ) On this day appeared(3tv��� �4 vr.nA Kc_iyv\ \ate; ,personally known to me(or proved to me on the basis of satisfactory evi$ence)tote the Rip rv\tN t ",r TciZf -7 3 P_SU C. L�� >� S t�< Q 1 ,the( ; c (c -T,fit at executed this instrument,and acknowledged the said instrument to be the free and voluntary act and deed of the said to 1 v ut'L p y, ,' y ,for the uses and purposes therein mentioned, and on oath stated that(s)he was authorized to execute the said instrument. GIVEN my hand and official seal this I LI day of (14 1\1 , 2011. (Notary Signature( (Typed/Printed Name of Notary) �SAJ. N 41.1i,' +/ Notary Public in and for the State of Washington „5° My Commission expires / I 1 k I l ( ,7j h/70, 4` \ ` O2 1 /Aw.0 4E,'G POSSESSION AND USE AGREEMENT - 5 EXHIBIT A- PARCEL NO. 192305-9044 RIGHT OF WAY THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A'; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING ON THE SOUTHEASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE NORTH 41°33'34"EAST ALONG SAID MARGIN, 123.37 FEET; THENCE NORTHEASTERLY ALONG SAID MARGIN ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 48°26'26"EAST, 379.30 FEET,AN ARC DISTANCE OF 98.90 FEET; THENCE SOUTH 41°29'15"WEST,219.52 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "A"; THENCE NORTH 55°33'32"WEST ALONG SAID SOUTHERLY LINE, 13.20 FEET TO THE POINT OF BEGINNING. CONTAINING 2,440 SQUARE FEET, MORE OR LESS. PARCEL"A": (PER PACIFIC NORTHWEST TITLE COMPANY ORDER NO. 655459,DATED SEPTEMBER 12,2007) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE NORTH LINE OF SAID SUBDIVISION WHICH BEARS NORTH 89°50'24"WEST 2008.4 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTH 0°09'36"WEST 30 FEET TO THE SOUTH MARGIN OF SOUTH 7TH STREET(SOUTHEAST 144TH STREET); THENCE SOUTHWESTERLY ALONG SAID STREET MARGIN ON A CURVE HAVING A RADIUS OF 379.34 FEET THROUGH AN ANGLE OF 26°48'35"AN ARC DISTANCE OF 177.50 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ON SAID CURVE ALONG SAID STREET MARGIN AND ALONG THE EASTERLY MARGIN OF RAINIER AVENUE SOUTH THROUGH AN ANGLE OF 21°49'42"AN ARC DISTANCE OF 144.52 FEET; THENCE SOUTH 41°25'36"WEST 123.37 FEET; THENCE SOUTH 55°41'30"EAST 235.44 FEET TO A POINT WHICH BEARS SOUTH 0°09'36"WEST 312.98 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0°09'36"EAST 312.98 FEET TO THE TRUE POINT OF BEGINNING. 416. V AS SHOWN ON RIGHT OF WAY PLANS FOR RAINIER AVE S(SR 167)-S k r :;" T r Asti./ 2 GRADY WAY TO S 2ND ST, PROJECT NUMBER TED403430, ON FILE AT 44' ��'1 i THE CITY OF RENTON WASH NGTON. p C3 F ` DATE OF PLANS 1'Z,�14(I 1,1P� ` 1 Il36015 `\;SIO C 13� . 1 A'i1L LA 06 1923059044 ROW.DOC Page 1 of 1 Y. 3 I TACOMA•SF fi#LE " r L \ NE 1/4 SEC. 19, T. 23 N., R. 5 E., W.M. ) / / ..-- f---- 0,,,,/ .. / P 7 /.5t b �• l oco\ot N.T.S. P\� / i <CL Cx,../ `" R.O.W..0. AREA - 0> ,,, =2,440 S.F.± 7 G 1 c,` w 0� Lu cci in . �� z o / \ =' z l '1I-0 CC ro t\l' © a orn ,p, o.�" TAX LOT NUMBER c ' \ 192305-9044 a..1 POB , / \ i I TAX LOT NUMBER i 192305-9053 SEPTEMBER 23, 2009 NO. 6 192305-9044 ROW.dwg KIS EXHIBIT 74' Architecture PARCEL 192305-9044 UrbanLandscapRIGHT OF WAY EXHIBIT 4 PARCEL NO. 192305-9044 PERMANENT EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING ON THE SOUTHEASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE SOUTH 55°33'32"EAST ALONG THE SOUTH LINE OF SAID PARCEL "A", 13.20 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTH 55°33'32"EAST ALONG SAID LINE,4.03 FEET; THENCE NORTH 41°29'15"EAST, 199.04 FEET; THENCE SOUTH 48°30'45"EAST, 3.00 FEET; THENCE NORTH 41°29'15"EAST,20.43 FEET; THENCE NORTH 63°48'42"EAST, 37.80 FEET TO THE EAST LINE OF SAID PARCEL 'A"; THENCE NORTH 00°17'34"EAST ALONG SAID EAST LINE, 10.48 FEET TO SAID SOUTHEASTERLY MARGIN; THENCE SOUTHWESTERLY ALONG SAID MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 26°36'04"EAST, 379.30 FEET,AN ARC DISTANCE OF 45.68 FEET; THENCE SOUTH 41°29' 15"WEST,219.52 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,285 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER PACIFIC NORTHWEST TITLE COMPANY ORDER NO. 655459, DATED SEPTEMBER 12,2007) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE NORTH LINE OF SAID SUBDIVISION WHICH BEARS NORTH 89°50'24"WEST 2008.4 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTH 0°09'36"WEST 30 FEET TO THE SOUTH MARGIN OF SOUTH 7TH STREET(SOUTHEAST 144TH STREET); THENCE SOUTHWESTERLY ALONG SAID STREET MARGIN ON A CURVE HAVING A RADIUS OF 379.34 FEET THROUGH AN ANGLE OF 26°48'35"AN ARC DISTANCE OF 177.50 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ON SAID CURVE ALONG SAID STREET MARGIN AND ALONG THE EASTERLY MARGIN OF RAINIER AVENUE SOUTH THROUGH AN ANGLE OF 21°49'42"AN ARC DISTANCE OF 144.52 FEET; 06 1923059044 ESMT.DOC Page 1 of 2 TACOMA•SEATTLE L • THENCE SOUTH 41°25'36"WEST 123.37 FEET; THENCE SOUTH 55°41'30"EAST 235.44 FEET TO A POINT WHICH BEARS SOUTH 0°09'36"WEST 312.98 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0°09'36"EAST 312.98 FEET TO THE TRUE POINT OF BEGINNING. AS SHOWN ON RIGHT OF WAY PLANS FOR RAINIER AVE S(SR 167)-S GRADY WAY TO S 2ND ST, PROJECT NUMBER TED40 430, ON FILE AT THE CITY OF RENTON, WASHINGTON. DATE OF PLANS 1P-111•41i0 • pNZ41' r =,rO . �� I�.7 Ii ` \::•fly. 4 Sir ,\ 7 0 . -40/ ,,- p, .'‘ ,1'.. q,-A- :( Ni it ,,,, > .. .. :188 / J 101.., r + 3 - Z 4- i! 06 1923059044 ESMT.DOC Page 2 of 2 KPG TACOMA.SEAT IL.E i_ \ NE 1/4 SEC. 19, T. 23 N., R. 5 E., W.M. ) / -, / '5191 ..ae_-10.48' 1\' L7 c'-` ,-./ '51:6° 1 43 iAC. \ / ti° .' / k 3.00' N.T.S. P�\�' / /// ROW TAKE ' ESMT AREA C./ =1,285 S.F.f 7 c2-.' 1-97 ri;lf\cIP' , 0 +, r , cc 7� 4x ,,,\G ,$),/ ., 4., ii ----.1 CC 0 ,,,, i.,... z a„,..,_, ,0 tO0 ,� / © ..z>.<-1 m 0 ©' TAX LOT NUMBER �' * 9y 0 192305-9044 a 1 '�J D POg / TPOS \ 1 •D..3• \A �Ox) ,•((nl TAX LOT NUMBER 1 192305-9053 • DECEMBER 8, 2010 NO. 6 192305-9.044 ESMT.dwg , MFG EXHIBIT / Architecture PARCEL 192305-9044 Landscape Architecture Urban Desigst PERMANENT EASEMENT ` , NE 1/4 SEC. 19, T. 23 N., R. 5 E., W.M. x10.48' O r 6.70' 3 4/' yk 3.00' rp: 6�` �. ��/ 3 /\ Q' PERMANENT / �? N.T.S. P\� / EASEMENT 00 I R.O.w. p TAKE cx.,/ '/ � k eo./ 4 q0 2x.27. /� / \.,G• � /'f% 8.00' 4.,�� 0'° W co rn TEMP. CONST. ESM T. / / / AREA=2,411 S.F.t Z a,z o �� WoN/ / 5.35 Ofti © 4. / 0 TAX LOT NUMBER 192305-9044 / 8.061 4.50' I 12.18' ANDA lj�F TAX LOT NUMBER 1 192305-9053 DECEMBER 8, 2010 NO. 6 192305-9044 TCE.dwg K1 " EXHIBIT Architecture PARCEL 192305-9044 Landscape Architecture Civil °°''°" Urban I)c� TEMPORARY CONSTRUCTION EASEMENT POSSESSION AND USE AGREEMENT - 11 L