The URL can be used to link to this page

Home My WebLink AboutA 20220225000548Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-1 of 10 Record Date:2/25/2022 10:14 AM Electronically Recorded King County, WA ClerkCity of Renton Attn: City PossessionDocument Title- +► ld's Corporatio Grantee: City of Renton DescriptionAbbreviated Legal: Ptn S18-T23N-R5E Full Legal Page: Tax Parcel No.: , 0 3 4 Project Parcel #: P30 THIS POSSESSION AND USE AGREEMENT g� y 4' the date signed by the City of Renton, below. The parties to this Agreement are City of Renton, a Washington municipal corporation ("City"), and McDonald's Corporation, a Delaware corporation . Collectively ..;, Cityand the Owner are referred hereine A. The Owner owns certain realproperty ("Property"); B. The City seeks M acquire portions of or propertyrights for immediate 'construction Project ("Project). Specifically, the City seeks to acquire a partial taking of that portion of the Property legally ^d and depicted k. (two pages) heretoWay("Rightportionof the Property for a temporary construction easement as legally described and depicted, and in substantially the form of Exhibit hereto ("Temporary Construction Exhibits and are attached hereto and incorporated herein by this reference and the Right of Way Acquisition and the Temporary Construction Easement are hereinafter referred to collectively as the "Right -of -Way Property"; and Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-2 of 10 Record Date:2/25/2022 10:14 AM King County, WA D. The City has made a firm offer on Aprilcontinuing offer r. the amount of Fifty -Four ThousandDollars ", 0 . 0 and will be releasedo the Owner for the purchase o e Property;and F. The Parties require additional time in order to evaluate the UiTer and/or to resolve any questions concerning just compensation, conclude negotiations, and to close the sale of the Right -of -Way NA-l"YWEN, . 1. City_Payment. Upon the execution by the City and Owner of this Agreement, the City will issue a warrant for the benefit of k Owner in the amount of interests$54,400.00, and will be released to the Owner, subject only to deduction of the value of applied the Right -of -Way Property from the Owner at closing or, if the parties cannot reach agreement, condemnation will be filed, and the payment amount will be applied p;,+i : value of !1 ; «ri , Property determined by/in 2.2 Owner authorizes Padraic G. Molloy, Padraic.Molloy@us.mcd.com, to accept service on Owner's behalf. yyi(�p5} yy yyyygg�}qq qy y Page of 10 &.6 8.1 " J1.tl3944 f Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-3 of 10 Record Date:2/25/2022 10:14 AM King County, WA 0 Possessiond Agreement, unless immediately Indemnification, 5. Real Estate Taxes Set Over. Pursuant to RCW 84,60.070, Owner elects to have any and all taxes, assessment, interest, and penalties due and owing on thtt property set over to those portions of Parcel No 182305-9234 that are rio)j subject to this Agreement. 3. The City will continue to negobate with the Owner for the required Right-of-TTay Property, includingthe price, le, non -monetary consideration. The Owner may provide additionalappraisalinformation, suppliedby a state certified appraiser, or other applicable if negotiating purposes. If the City and Owner agree on a price for the Owner's real estate, the Owner will execute a Statutory Warranty Deed conveyance # property t property rights. 7. If the City and Owner cannot agree on a price for the Owners real property within four (4) months of the date of this Agreement, or if fitle cannot be cleared, the City may institute condemnation proceedings; provided that the City reserves the right to institute condemnation any time upon impasse or request : q• N e Owner. ter h •' will k written notice o Owner� least 48 hours before beginning any work in the Temporary Construction Easement area, which notice will specify the work to uR performed when g work will be completed, iw, rt City Unless % Unless otherwise agreed in writing, the City will not move, remove or demolish any of Owner's or within the Temporary Pugs 3 of 1 268.1- 363944 -0007 Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-4 of 10 Record Date:2/25/2022 10:14 AM King County, WA separate11. The City will es or otherappropriate barriers Temporary("cone off") the Temporary Construction Easement area while the City performs any work in the a operation12. The City will perform all work in such a manner so as to not unduly disrupt the traffic.off" no more than four parking stalls at any one time, and will not "cone off' or block in any manner more than half of any access drive at any time, allowing at least one lane open at all times in each access drive for vehicular 13. The City will not park on or store any ilf equipment, �� Temporarymaterials within the Constructionother property. Easement area or 14. If any damage occurs to Owner's property or any improvements thereon arising out of, related to, or as a consequence of any of the City's work in the Temporary Construction Easement area, Owner of the damage. Unless otherwise agreed by the parties, the City will repair the damage (or commence and diligently pursue repairing the damage) within 30 days after receipt of Owners notice. 15.1 EEUntftr§eAgjRqMfflL This Agreementitagreements of the ?-Iarties with respect to any matter covered or mentioned in this Agreement. This Agreement recorded Upon acceptance by the City, the City is authorized to record this Possession, :ent in the records of the King CountyRecorder's " ^ Office. Advice15.3 of Counsel. The Owner has been advised of Owner's right to secure review S this , , , , . ,, i, has w '.. ' r City for Agreementconcerning this Agreement. 15.4 Amendments. No provision of this be amended d exceptM by the ar affect1&5 SeverabiliLy. Any provision of this Agreement which is declared invalid or illegal shall in no way invalidate any other provision and such other sectionsor provisions remainshall and effect. Page 4 of 1 268,1- 363944 -a 7 Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-5 of 10 Record Date:2/25/2022 10:14 AM King County, WA POSSESSIONAND USE AGREEMENT 15.8 Waiver of Breach. Failure declare immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 15.9 Performance. Time is of r.essence, yr ,andeach and all of its #,rovisions in which performance is a factor. and burdens inuring to the Property, and to the City, from this Agreement shall run with the land and shall be binding upon Owner and its heirs, successors, and assigns, and upon the Renton.City of Cate: -4WLL Accepted and approved by the City of Renton 2 6002..68.1- 363944 -0007 By. Printed Name: Title: LIM Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-6 of 10 Record Date:2/25/2022 10:14 AM King County, WA STATE OF L Page 6 of 10 268.1® 363944 -0007 Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-7 of 10 Record Date:2/25/2022 10:14 AM King County, WA That portion of Section 18, Township 23 North, Range 5 East, W.M,, in King County, Washington, within the bed and shores of Black River, described as follows - Situate in the County of King, State of Washington. 600268.1-363944-0007 Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-8 of 10 Record Date:2/25/2022 10:14 AM King County, WA POSSESSION AND USE AGREEMENT EXHIBIT A PARCEL NO. 182305-9234 RIGHT OF WAY ACQUISITION rHATPORTION OF THE HERElWTERDESCPJ8ED PARCEL W, DESCPJBED AS FOLLOWS BEGINNM AT THE NORTHEAST CORNER OF SAID PARCFL W, SAID CORNER ALSO BEING AT THE INTERSEC77ON OF THE SOU774EASTERLY MARGIN OF RENTONAVENUE EXTENSIONAND THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH,, THENCE SOUTH 06' W fir EASTALONG SAID VVESTERLY AL4RGIN OF RAINIER AVENUE SOUTH, 4ZOD FEET, THENCE NORTH 63' 15- 46- WEST, 42,61 FEET 7-0 SAID SOUTHEASTERL Y MARGIN OF RENTON A VENUE EX71ENSION, CONTAINING 745 SQUARE FEET, MORE OR S. (PER RAINIER TITLE COMPANY ORDER NUMBER 794657, DA TLED MAY 26. 2021) IrHAT POR-nON OF SEC77ON 18, TOWWSHIP 23 NORTH, RANGE 5 FAST, WK IN WNG COUNTY, WASHINGTON MTHIN THE BED AND V40RES OF &Ar-K RIVER. DESCRISF0 AS FOLLOWS. b%3ANE % 30 ROW DOCX p4KW I Of 1 /0 -/'Z lclpcir TAC0AkA-5rj\TTLl Page 8 of 10 6002% 1 - 363944 -0007 Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-9 of 10 Record Date:2/25/2022 10:14 AM King County, WA EXHIBIT A TAX LOT NULEM 18230-92,27 . ... ..... DAM NOYMER 1 2020 EXHIBIT A PARCELS 182305-9234 RIGHT OF WAY ACQUIS111ON Page 9 of 10 600268.1 - 363944 -0007 Instrument Number: 20220225000548 Document:AG Rec: $212.50 Page-10 of 10 Record Date:2/25/2022 10:14 AM King County, WA END M' al'affli, EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT DATE,, NOVEMBER 14 2020 P)l vaht 14* $f+ PAM,, Z"ll 41Z ANAW" wksaw 6G0268J-3639W0007 NW 1/4, SEC 1& 1 23 N- R, 5 E, *U, Ile EXHIBIT F3 PARCELS 182305-9234 TEMPORARY CONSTRUCTION EASEMENT 'AMMEEM