HomeMy WebLinkAboutA 20110407001126 1OHHDO
20110407001126
After recording return document to: FIRST AMERICAN MISC 135.00
PAGE-001 OF 012
04/07/2011 16:05
City of Renton KING COUNTY, WA
City Clerk
1055 South Grady Way E2485927
Renton, WA 98057 04/07ING /2011
15:14
SALE $10.00
$0.00 PAGE-001 OF 001
Document Title: Possession and Use Agreement
Project File#: TED 403430
Project Name: Rainier Ave South(SR167)-South
Grady Way to South 2nd Street
Grantor(s): DSB Investments, LL.C., a Washington
limited liability company
Grantee(s): City of Renton, a municipal corporation of
the State of Washington
Abbreviated Legal Description: Lot 1, Block 2, Wefance Add., Vol. 39, P.
21 &Ptn Govt Lot 16, Sec 18 Twp 23N Rge
5E, SE Qtr
Assessor's Tax Parcel Number: 9228900065
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 DSB Investments, L.L.C., a Washington
limited liability company, 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).
AND WHEREAS,the City of Renton affirms that any delay in its construction program
is contrary to the public interest;
AND WHEREAS,the City of Renton has made a firm and continuing offer to pay the
amount of FOUR HUNDRED THOUSAND TWO HUNDRED AND FIFTY DOLLARS AND
NO/100 CENTS ($400,250) 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 said offer and/or to
resolve any questions concerning just compensation;
I
NOW THEREFORE, for and in consideration of the payment of said 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 will issue a warrant or check in payment to the Owner(s) of
the amount of the offer stated above, without deduction or offset of any kind. The City of Renton
acknowledges that this warrant will 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, 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
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 the City of Renton
provides the Owner(s)the above referenced payment or at such other later time, up to the date of
trial, as may be designated by the Owner(s).
6. Nothing here shall preclude the City of Renton from hereafter changing its plans
to increase or decrease the nature or extent of the acquisition. In the event that the City of Renton
seeks to increase or decrease the nature or extent of the acquisition,the Owner(s)will be under
no advance obligation to agree to possession and use.
7. Payment of the sum of FOUR HUNDRED THOUSAND TWO HUNDRED AND
FIFTY DOLLARS AND NO/100 CENTS ($400,250)will be placed into escrow with Pacific
Northwest Title Company. This agreement will be signed and provided to Pacific Northwest
Title Company. Escrow will close no later than March 30, 2011. The funds, subject to deduction
for accrued real estate taxes and any past due taxes or associated penalties only,will be dispersed
to Owner(s)the day after closing, and no later than March 31, 2011.
8. Until the funds are made available to the Owner(s), as provided in¶7,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 that the funds are made available to the Owner(s) under¶7, 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.
9. 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. The Owner(s) are under no obligation to
evict the tenant. The indemnity provided in¶8 includes any claims that may arise in relation to
the tenant's surrender, continued possession and/or eviction. The Owner(s) hereby
acknowledges and agrees that the City of Renton will demolish and remove any structure/
building on the real property described in Exhibit A hereto down to the concrete floor slab.
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.
Accepted and Approved:
Dated: 3 -2z - 2.41( , 2011.
DSB INVESTMENTS, L.L.C.
By: e
Its
Accepted and Approved:
CITY 0 RENTON
By: Zanya/Orki---<Greman
Pubrks Administrator
•
Approved as to Form:
J
/
A0/'
Lawrence J. Warren „�'2'�22 ,E --t.
City Attorney
Date: �/2 //
•
CORPORATE ACKNOWLEDGEMENT
STATE OF WASHINGTON )
ss
COUNTY OF Kt--)1
On this day appeared U00-- `J TSI Cl rsonally known to me (or proved to me
on the basis of satisf tory evidence)to be the ( ).G2.4•c� J-�,v.�(2" of
`IS& -. n j �nrJ�y j l_L� ,the L0 /O ur that executed this
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
the said , for the uses and purposes therein mentioned, and
on oath stated that(s)h• was authorized to execute the said instrument.
GIVEN my h./ d and official seal this i3 v\day of ( CkNI , 2011.
—.4'.
�►•ie..,
-46
(Notary Signature) (Typed/Printed Name of Notary)
+ k/4��sSION�
ie 'vT t
• :
Notary Public in and for the State of Washington :i owns,
Myo
Commission expires = $.•• ........• G 0
p pF WAsyN� �
.
•
EXHIBITA_•
PARCEL NO. 92289041065
RIGHT OF WAY
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL"A",DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL"A°,SAID CORNER ALSO BEING THE
INTERSECTION OF THE NORTHEASTERLY MARGIN OF RAINIER AVENUE SOUTH AND THE SOUTHERLY
MARGIN OF SOUTH 4TH PLACE;
THENCE NORTH 76°28'38"EAST ALONG SAID SOUTHERLY MARGIN, 18.14 FEET;
THENCE SOUTHERLY ON A NONTANGENT CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 57°30'52"
EAST,29.50 FEET,AN ARC DISTANCE OF 25.79 FEET;
THENCE SOUTH 17°36'48"EAST, 113.77 FEET TO THE NORTHERLY MARGIN OF THE COLUMBIA AND
PUGET SOUND RAILWAY RIGHT OF WAY(NOW BURLINGTON NORTHERN RAILROAD RIGHT OF WAY);
THENCE WESTERLY ALONG SAID NORTHERLY MARGIN ONA CURVE TO THE RIGHT WHOSE CENTER
BEARS NORTH 14°55'33"WEST,5679.65.FEET AN ARC DISTANCE OF 1.92 FEET TO THE NORTHEASTERLY
MARGIN OF RAINIER AVENUE SOUTH;
THENCE NORTH 19°56'45"WEST ALONG SAID MARGIN, 137.72 FEET TO THE POINT OF BEGINNING.
CONTAINING 724 SQUARE FEET,MORE OR LESS.
PARCEL"A":
(PER FIRST AMERICAN TITLE COMPANY ORDER NO.NCS-247048,DATED JULY20,2008)
LOT 1,BLOCK 2,WEFANCE ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 39 OF
PLATS,PAGE 21,IN KING COUNTY, WASHINGTON.
TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 16 IN THE SOUTHEAST QUARTER OF SECTION
18, TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M.,IN KING COUNTY,WASHINGTON,ADJACENT ON THE
SOUTH AND LYING BETWEEN THE SOUTHERLY PRODUCTION OF EASTERLY AND WESTERLY LINES OF
SAID LOT AND NORTHERLY OF THE RAILROAD RIGHT OF WAY.
D
AS SHOWN ON RIGHT OF WAY PLANS FOR RAINIER AVE S SR 167 -S
D. 1 Y3
GRADY WAY TO S 2ND ST,PROJECT NUMBER TED403430,ON FILE AT THE k o� . ,� j �.
CITY OFRENTON, WlA GTl0I� �'�' �G,A
DATE OFPL4N3 14110 0:e o`�/
/ ,:; ` ' -,/_ .Q
4.
! OP 38°15 V . _
,, /. .; •:4'GISTSie.'.*
r�*4L:LA'''
169228900065 ROW.DOC Page 1 of 1
KPQ
TACOMA-SEATTLE
•
SE 1/4 SEC. 18, T. 23 N., R. 5 E, W.M. +I I
_ � 0 RW.
5
. th PLp,CE �.--
soulo
N 76. 0 39" /---- 7c3)o
N.T.S. EX%_~
--•••----* .:.------ \-----
P.o.e. . 1s•1 r r
1 --' t
Iiii R=29.50'
. \
L=25.79'
ID. iWA Z
i \43/
73 t` TAX 0
o. 922890-007
yrs R..O.W. AREA .
• = 724 S.F.*
7 ® c
2 TAX LOT NUMBER
\tines 922890-0065
7\1,o
L. N.
el
\ .
N Raf'0e
\ , t
BNS R
R=5679.65' 8.65' .t4• RAtt-RONO
L=1.92
DECEMBER 8. 2009 NO iS •
922890-0065 ROWdwg
iriPar EXHIBIT A
PARCEL 922890-0065
Velma Dodge RIGHT OF WAY
EXHIBIT A
• •
PARCEL NO.922890-0065
PERMANENT EASEMENT
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL°A,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL"A",SAID CORNER ALSO BEING THE
INTERSECTION OF THE NORTHEASTERLY MARGIN OF RAINIER AVENUE SOUTH AND THE SOUTHERLY
MARGIN OF SOUTH 4TH PLACE;
THENCE NORTH 76°28'38"EAST ALONG SAID SOUTHERLY MARGIN, 18.14 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 76°28'38"EAST ALONG SAID MARGIN,21.55 FEET;
THENCE SOUTH 13°21'34°EAST,5.76 FEET;
THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 09°39'37"EAST, 15.50
FEET,AN ARC DISTANCE OF 27.50 FEET;
THENCE SOUTH 720 23'12"WEST,3.03 FEET;
THENCE SOUTH 17 36'48"EAST, 73.18 FEET;
THENCE SOUTH 28°22'or EAST,41.16 FEET TO THE NORTHERLY MARGIN OF THE COLUMBIA AND
PUGET SOUND RAILWAY RIGHT OF WAY(NOW BURLINGTON NORTHERN RAILROAD RIGHT OF WAY);
THENCE WESTERLYALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT WHOSE CENTER
BEARS NORTH 15°06'52"WEST,5679.65 FEET,AN ARC DISTANCE OF 18.70 FEET;
THENCE NORTH 17°36'48"WEST, 113.77 FEET;
THENCE NORTHERLY ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 72°23'12"EAST,29.50
FEET,AN ARC DISTANCE OF 25.79 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,818 SQUARE FEET,MORE OR LESS.
PARCEL"A".
(PER FIRST AMERICAN TITLE COMPANY ORDER NO.NCS 247048, DATED JULY20,2006)
LOT 1,BLOCK 2, WEFANCEADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 39 OF
PLATS,PAGE21,IN KING COUNTY, WASHINGTON.
TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 18 IN THE SOUTHEAST QUARTER OF SECTION
18, TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M,IN KING COUNTY, WASHINGTON,ADJACENT ON THE
SOUTH AND LYING BETWEEN THE SOUTHERLY PRODUCTION OF EASTERLY AND WESTERLY LINES OF
SAID LOT AND NORTHERLY OF THE RAILROAD RIGHT OF WAY.
it
vD• R
AS SHOWN ON RIGHT OF WAY PLANS FOR RAINIER AVE S(SR 187)-S k 0.
GRADY WAY TW S 2ND ST,PROJECT NUMBER TED403430,ON FILEAT THE ��' .� p
DATE OF PLANSCITY OF N,�?�E�fCO N '�" Y /'f4 ,1
16 9228900065 ESMT.DOC Page 1 of 1 ;' b 38015 •:44
IE
per' 0 o*' LAi�9 � k
TACOMA•SEATFLE
kiim_xxxxtixxxxxvomsiirifisiaiili��
3 • Z4-- It
•
SE 1/4 SEC 18, T. 23 N., R. 5 E., W.M. If ./
\ .-------- EAS
im W
•
�� 4" PLACE W � �...
SOU � St. R ..--�'f
a ?�=z _ .off
�..� c �o W .r--
TIN
T.P.O.B. , ...------* 'V.--
21'55 08.
\ P.O.B. 118.14 .
\R:25o5o.79'��'' L=27.50'
x ` ,
3.03
\IL
\g' `NI TAX LOT NUMBER
, `4` EASEMENT AREA 922890-0070
'. �1 = 1,818 SF.±
tr%
n
Z CO
v+ .
cp TAX LOT NUMBER
\ 922890-0065
i
7 ?\::$ '9\
to
\ .
N 30,�.
R0'
\ ,
\ ;,.
. \ �..— (B�ORR R/VO
\ RO10
679.0, N RN\-
R�� 818.7
DECEMBER 8, 2009 NO. 16\ 922890--0085 ESMT.dwg
G EXHI B1 T A
PARCEL 922890-0065
Civil!Vim dos
PERMANENT EASEMENT
•
SE 1/4 SEC. 18, T. 23 N., R. 5 E, W.M. _---
fes— S polG exiW
•
—�
�f
q.1.h PLAC •
E ��
SOU-
N QST R.o w-
76. 28. 38
---------- �5� � 0
N.T.S. �'
5.76' 30.31'
•
39.69' ' TEMP CONSTRUCTION ESMT
\ SOD AREA=5,942 S.F.t
3.03 q•• e
`, Cl)
\-4ROW\
TAX LOT NUMBER
4111100,
`Q TAKE 922890-0065 ..
\N„
\.11., W
--,3 \\
illi
C� \N °'- TAX LOT NUMBER
G' 922890-0070 •
7 \Co 739\\ ,
Z.
7
LP. 0
0 m
3
\\ % ..z
rn .
PERMANENT '�•'
EASEMENT \ 1.5%. -- R0 .
\ R,-s679•66
R RO N°
p,1L
JANUARY 4, 2010N0. f6` 922890-0065 TCE.dwg •
MPG EXHIBIT A-
landscape andliteatasse PARCEL 922890-0065
Man Design TEMPORARY CONSTRUCTION EASEMENT
J
,
ADDENDUM NO. 1
This ADDENDUM to the POSSESSION AND USE AGREEMENT to which it is attached, is
hereby made and entered into by and between the CITY OF RENTON, a municipal corporation
of the State of Washington, and DSB INVESTMENTS, L.L.C., a Washington limited liability
company for the uses and purposes herein stated.
FOR AND IN CONSIDERATION of the POSSESSION AND USE AGREEMENT and the
consideration set forth therein and other good and valuable consideration that the parties
hereby mutually acknowledge, the parties hereto AGREE to modify, revise and amend the
dates of closing and disbursement of funds set forth in Paragraph 7 of the aforesaid
POSSESSION AND USE AGREEMENT as follows: (1) the date of closing is hereby extended to
Wednesday, April 6, 2011, and the parties agree that escrow will close no later than the
aforesaid date; and (2) the date for disbursement of funds to Owner(s), after deduction for
accrued real estate taxes and any past due taxes or associated penalties as set forth in the
POSSESSION AND USE AGREEMENT, will be no later than Thursday, April 7, 2011.
The parties hereby agree that the date for surrender of possession of the property
described within the POSSESSION AND USE AGREEMENT in Paragraph 9 will be no later than
Thursday, April 7, 2011.
All other terms and conditions within the POSSESSION AND USE AGREEMENT remain in
effect and are not otherwise altered or amended by this ADDENDUM other than set forth
herein.
DATED this 2- day of April, 2011.
DSB INVESTMENTS, L.L.C.
By:
Page 1 of 2
•
DATED this day of April, 2011.
CITY OF RENTON, a Washington municipality
By: ATI
R/7�L
Its: "(MIL L tilair4 i frm//'1 / 'jreq/
Approved as to Legal Form:
By: i 9,
Title: Renton City Attorney
Date: •
17/ " / —,92(,//
CORPORATE ACKNOWLEDGEMENT
STATE OF WASHINGTON )
) ss.
COUNTY OF KING ) c
On this day appeared [print name] 0closk s I
personally known to me (or proved to me on the basis of satisfactory evidence)to be the officer
or managing member] of DSB INVESTMENTS, L.L.C., the owner/landlord that executed this
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
the said person,for the uses and purposes therein mentioned, and on oath stated that (s)he
was authorized to execute this said instrument.
`)�
E
if hand 2nd official s=. this (f day of April, 2011.
41116,, ALUM
Npailaisk dr
•
Notary Signature Type or Print N 9.4.
uNOTY =m `
•
Notary Public in and for the State of Washington (a% o��`�
My Commission expires: =�s'� •`.........•(..,10�
s
OF lid As ,'
Page 2 of 2 �f