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Home My WebLink AboutA 20220225000522Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-1 of 10 Record Date:2/25/2022 10:03 AM Electronically Recorded King County, WA 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: Eroject Parcel 19 PTN OF LOT 2, SHORT PLAT NO. W-209-71? Additional Legal Description is on Page 5 of Document Assessor's Tax Parcel Number: 182305-9273 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 aft that any delay in its construction prograrn is contrary to the public interest; and 71117-177177gin"I ME Mi7wilq� 11,77crifea rew propef-Ly 's WIT King County, in the State of Washington: Page I of/) Pages Parce I Nos.: +R-m+ 19 FG:54423118.4 I Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-2 of 10 Record Date:2/25/2022 10:03 AM King County, WA For legal description and additional conditions See Exhibit A attached hereto and made a -oart hereof 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 parties 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 &26180, and will surrender possession of the above -described real estate to the Agency not later than January 14, 2022. Provided, however, that the City shall first be required to place the $129,800.00 continuing offer (the "Deposit") into escrow at Rainier Title and Escrow in Renton, Washington (the "Escrow") on or before January 14, 2022. Escrow shall disburse the funds to Owners upon receipt of IRS W-9 forms 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. 3. Execution of this agreement by the undersigned parties shall not prejudice su parties' rights to subsequent adjudication of just compensation pursuant to sta law, and neither shall this agreement, nor the basis therefore, be construed as admission of fair market value or just compensation by any of the parties nam. herein. I 4, The date of valuation for the determination of just compensation shall be January 14, 2022. Agency acknowledges that Owners have stipulated timely to immediate use and possession for all purposes under RCW 8.25.0M 5. In order to facilitate settlement of the matter of just compensation for the taking Page 2 of Pages Parcel No. +4-an& 19 FG:54423118.4 Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-3 of 10 Record Date:2/25/2022 10:03 AM King County, WA all al-naging Mr -me pr*perZ , Me Agenc7 snal upa-7-7-7 its appralsai to retiect t date of valuation, and the Owners shall have up to 60 days thereafter to produ their appraisal in the event settlement negotiations are unsuccessful. 7. 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 damaging of the above referenced property at mediation the Agency shall institute condemnation proceedings on or before June 1, 2021 9. In the event an action is filed, the Owners shall: A. Authorize Kim 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. 10The 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. Dated: Sheldon Itkin, Trustee, Itkin Family Trust e Dated: Charles P. Levens, Trustee, C&S Levens Revocable Trust _Zj,wfc,,q Dated - , Sally Levens, Trustee, CS Levens Revocable Trust Page 3 of (,e) Pages Parcel No. tO-a"d N 9 FG:54423118.4 q Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-4 of 10 Record Date:2/25/2022 10:03 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 On before me, - 4 Date Here Insert Name and Title of the Officer personally appeared _Q_kWv94,F S \=f-5 U. a Name(s) of Signer(s) to the within instrument and acknowledged to rne 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 Notar'j Public California 504ano county Cammfssion # 2316925 t, W My Comm, Expir.LDeC 2.320J23 Place Notary Seal andlor Stamp 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-k� Signature of Notary Public Description of Attached Document Title or Type of Document: DocumentDate: Number of pages; _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L 11 Corporate Officer — Title(s):� ,,S-1—u-tLys El Partner — 0 Limited 0 General 11 Individual 11 Attorney in Fact ,a Trustee 13 Guardian or Conservator 11 Other: Signer is Representing: 02018 National Notary Association Signer's Name: * Corporate Officer -- Title(s): * Partner — 0 Limited 0 General * Individual 0 Attorney in Fact 0 Trustee o Guardian or Conservator C1 Other: Signer is Representing: Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-5 of 10 Record Date:2/25/2022 10:03 AM King County, WA POSSESSION AND USE AGREEMENT Accepted and Approved Acknowledgment 'THE CITY OF RENTON Page 4 of'A Pages Parcel No. ; 19 1 Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-6 of 10 Record Date:2/25/2022 10:03 AM King County, WA EXHIBIT A PARCEL NO. 182305-9273 ♦ J/ TICOR TITLE COMPANY DATED 6 f •. r y LOT 2, COUNTY OF KING SHORT SUBDIVISION NO. 9-78, RECORDED UNDER KING COUNTY RECORDING NUMBER 7810049011, BEING A PORTION OF THE NORTHE4ST QUARTER OF THE SOUTHWEST QUARTER (GOVERNMENT LOT 1), SECTION R. -' RANGE 5 EAST, W.M., INKING COUNTY, WASHINGTON. - ?- 19 - 2:0 19 Fi(7VV.DOCX Page 1 of i TACOMA• SEATTLE Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-7 of 10 Record Date:2/25/2022 10:03 AM King County, WA 18, TAX LOT NUMB) 182305-9201 12.01' 54.00'TA RIGHT OF WAY I AREA ® 1080 S.F.± U TAX LOINUMB 3 182305-9271 U- [/,/ 0 PROPERTY LINE 12. dOlr' 2 ANE 0--1 W CD z 42' ROW LLA DATE; APRIL 20, 2020 EXHIBIT B PARCEL 182305-9273 RIGHT OF WAY ACQUIS11ION U.S. - --L 11M ilm .9 IWAS �11 Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-8 of 10 Record Date:2/25/2022 10:03 AM King County, WA f26'1.� 3"W� EXHIBIT A PARCEL NO . 182305-9273 THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID TRACT AND A LINE THAT IS 54.00 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF RAINIER AVENUE SOUTH. THENCE NORTH 03° 57' 35" EAST ALONG SAID PARALLEL LINE, 90.00 FEET TO THE NORTH LINE OF SAID TRACT; THENCE NORTH 66* 17' 19" WESTALONG SAID NORTH LINE, 4.00 FEET TO A LINE THAT IS 58.00 FEET WESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF RAINIER AVENUE SOUTH; THENCE SOUTH 03° 57' 35" ST ALONG SAID PARALLEL LINE, 15.01 FEET, THENCE NORTH 83" 17' 19" WEST, 2.00 FEET TO A LINE THAT IS 60.00 FEET WESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF RAINIER AVENUE SOUTH; THENCE SOUTH 03° 57' 35" WEST ALONG SAID PARALLEL LINE, 30.52 FEET,• ,THENCE SOUTH 660 17' 19" EAST, 2.00 FEET TO SAID LINE THAT IS 55.00 FEET WESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF RAINIER AVENUE SOUTH; THENCE SOUTH 03® 57' 35" WESTALONG SAID PARALLEL LINE, 44.46 FEET TO SAID SOUTH LINE OF SAID TRACT; THENCE SOUTH 68° 17' 19" EAST ALONG SAID SOUTH LINE, 4.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 421 SQUARE FEET, MORE OR LESS, TRACT. - (PER TICOR TITLE COMPANY ORDER NO. 70047239, DATED MAY 16, 2016) P, - COUNTYLOT 2, KINGSHORT SUBDIVISION W-209-78, RECORDED UNDER KING COUNTY EAST,RECORDING NUMBER 7810049011, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (GOVERNMENT LOT 1), SECTION 18, TOMVSHIP 23 NORTH, RANGE 5 , A NON-EXCLUSIVE EASEMENT FOR IN w, .,; ..• 1 • l �,. , t a« skit/ � • � �� • 1 ., l 1" y iy � � 4� t Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-9 of 10 Record Date:2/25/2022 10:03 AM King County, WA 4.00' N.T.S. r7'r- z r 2.00' PERMANENT EASEMENT —60.000 AREA = 421 S.F.± ROW ACQUISITION 19 J +�. TAX LOT NUMBER 182305-9273 (n Ckf L4J 58.00' U>5 54.00' PROPERTYLINE 4.00'� Poa C.D z F= Ln TAX LOT NUMBER 182305-9213 429 ROW DATE: MAY 12, 2020 FILE: 19.DWG EXHIBIT B PARCEL 182305-9273 PERMANENT EASEMENT 251» ' 01 Instrument Number: 20220225000522 Document:AG Rec: $212.50 Page-10 of 10 Record Date:2/25/2022 10:03 AM King County, WA NW & SE 1/4, SEC. 18, T. 23 N., R. 5 E., W.M. 0 r U-). Iq z 6, b-09 TEMPORARY CONSTRUCTION EASEMENT 2 ' 00 1 AREA = 1844 S.F.± co I '- I PERMANENT ESMT I r" ' CD n /— I 19 TAX LOT NUMBER 2.00 - ROW ACQUISITION 182305-9273 16-04'. C/) ct� LAJ I N.T.S. :Zz CL-U- c' - PROPERTY TINE ct: C-D I z F-- cra TAX LOT NUMBER 182305-9213 42' ROW-- w 11 rd IATE: JUNE 22, 2020 FILE: 19.DWG EXHIBIT A PARCEL 182305-9273 TEMPORARY CONSTRUCTION EASEMENT 03-�GE