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HomeMy WebLinkAboutA 20110803000951 Return Address: City Clerk City of Renton 000951 , 201108 03 1055 South Grady Way CITY OF RENTON AG 123.00 Renton,WA 98057 PAGE-001 OF 012 08/03/201114:40 KING COUNTY, UA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in) 1. Possession and Use Agreement 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference#'s on page of document Grantor(s) Exactly as name(s)appear on document 1. Greenwell/Renton, LLC 2. Additional names on page 1 of document. Grantee(s) Exactly as name(s)appear on document 1. City of Renton 2. Additional names on page 1 of document. Legal description(abbreviated: i.e. lot,block,plat or section,township,range) PTN NW, 1/4 19-23-05 Additional legal is on page 6,8 of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned 1923059021 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional$50 recording fee(as provided in RCW 36.18.010 and referred to as an emergency nonstandard document),because this document does not meet margin and formatting requirements.Furthermore,I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter:Do not sign above n pay additional$50 fee if the document meets margin/formatting requirements After recording return document to: City of Renton City Clerk 1055 South Grady Way Renton, WA 98057 Document Title: Possession and Use Agreement Project File#: TED 403430 Project Name: Rainier Ave South(SR167)-South Grady Way to South 2"d Street Grantor(s): Greenwell/Renton,LLC, a Washington limited liability company Grantee(s): City of Renton,a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn.NW%, 19--23-05 Assessor's Tax Parcel Number: 1923059021 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 Greenwell/Renton, LLC, 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). POSSESSION AND USE AGREEMENT- 1 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 ONE HUNDRED ELEVEN THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($111,100.00)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; 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 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 fmal 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 fmal 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. POSSESSION AND USE AGREEMENT-2 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 this agreement is accepted and approved by the Public Works Administrator of the City of Renton. 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 nor from mitigation of damages. If the acquisition is enlarged a supplemental Possession and Use Agreement will be required. 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 June 30,2011. Owner will have 60 days to relocate the sign from the date of executing this document. 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: '/ ,2011. GREENWELL/RENTON,LLC BailfAtteir7 , /T./r PS►f2GAEsN[df// Its: it?NG. CafiV.pT/ , Accepted and Approved: CITY OF RENTON By: ?6 E it— Gregg Z' ne an Public Works Administrator Approved as to Form: #6.-01 .‘Or'4/ Lawrence J.Warren G/fGv/�G�C4=7Gti1XXrj City Attorney Date: / • POSSESSION AND USE AGREEMENT-4 #tt •1 • CORPORATE ACKNOWLEDGEMENT th410CUL' STATE OF'O'S .4 l TQN ) • )ss COUNTY OF all. ) On this day appeared F. F• Pa-er own to (or proved to me on the basis of satisfactory evidence)to be the inarwttr�C stntvc.l run ►t61 14e,U / Ige r - li_L ,the U yo. ett r 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 vi t. was authorized to execute the said instrument. GIVEN my hand and official seal this lilt/day of 046 6 , 2011. ayle.A1 f.� (Notary Si ture) (Typed/Printed Name of Notary) NAAA�GIAIs Notary Public in and for the State of Vitashiusluit My Commission expires Fant. f( ) AO 1S NleHCE€€ d« dAF PHotl. eeiuicCircuit Doc. Description PaSse,£S1 o n ,t9C, use., Yet-41.16,n No, of Pages. 10 Date of Doc ail 14/II Notary Sig ture baled Cate POSSESSION AND USE AGREEMENT-5 fr4vl • • CORPORATE ACKNOWLEDGEMENT. STATE OF WASHNGTON ) ) ss COUNTY OF KING ) On this day appeared (--1(Z._. cc c-1 �� ri\rnF ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the-t2!,,.; �t�n� s;, o• c s , the CT.1 4 &\-T c; 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)he was authorized to execute the said instrument. GIVEN my hand and official seal this day of w,.I C , 2011. (Notary Signay.ire) (Typed/Printed Name of Notary) Notary Public in and for the State of Washington My Commission expires 1 I n I .ss-05,4t..i. Fax/ C0� �'oT A'? --ei/4�`f Ay i Cf i i 1 � iNk 44,81..\C' i94i7 '2= '�ii ��ttpw7t` �v&oma POSSESSION AND USE AGREEMENT—5a EXHIBIT A EXHIBIT,.a- PARCEL NO. 1923059021 RIGHT OF WAY THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL"A',DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL A°SAID CORNER ALSO BEING ON THE WEST MARGIN OF RAINIER AVENUE SOUTH; THENCE SOUTH 01°23'11°WEST ALONG SAID MARGIN, 123.88 FEET TO ANANGLE POINT; THENCE SOUTH 7r 2755°WEST ALONG SAID MARGIN,19.41 FEET TO AND ANGLE POINT; THENCE SOUTH 46°16'20°WEST ALONG SAID MARGIN, 1.87 FEET; THENCE NORTH 13°52'O2'EAST,13.72 FEET,- THENCE NORTH 01°08'02"EAST,103.09 FEET,- THENCE NORTH 88°51'56°WEST,3.00 FEET; THENCE NORTH Or(16'02°EAST,8.27)- 1 TO THE NORTH UNE OF SAID PARCEL A'; THENCE NORTH 77°2728'EAST ALONG SAID NORTH UNE~2121 FEET TO THE POINT OF BEGINNING. CONTAINING 2,200 SQUARE FEET,MORE OR LESS. PARCEL"A'- (PER PACIFIC NORTHWEST TITLE COMPANY ORDER NO.655457,DATED SEPTEMBER 19,2007) LOTS 1,2,2,AND 4,CITY OF RENTON SHORT PLAT NO.100-80,RECORDED LINER RECORDING NUMBER 8204079001,SAID SHORT PLAT BEING A PORTION OF SECTION 19,TOWNSHIP 23 NORTH,RANGES EAST, W.M.,IN KING COUNTY,WASHINGTON; EXCEPT THAT PORTION OF SAID LOT 4 CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 8810070182. AS SHOWN ON RIGHT OF WAY PLANS FOR RAINIER AVE S(SR 167)-S GRADY WAY TO S 2ND ST, PROJECT NUMBER0;ON FILEAT THE car OF RENTON,WASHINGTON. DATE.OFPLANS �.F' —� O a!r v roF q4 c © '4 a : tfi 38015 triages° i4`. A''4L'Lk 31 1923059021 ROW.DOC Page 1 of i KI"G 3 Z4--'II TA AMA-SEATiIE POSSESSION AND USE AGREEMENT-6 • NW 1/4 SEC 19, T. 2.3 N.. R. 5 E.. W.M. 50' Ty RO.W. 21'x' p.0.8. E td 300' • vi 1 N.T.S - W 3 Q O W Ca lisol00 W za Z dI a CY TAX LOT NUMBER b . 192.305-9021 g2. RELCORDING NO.N8204079001) I 1H 91 R.O.W. AREA a =2200 SF.* z 0001001 I R.O.W. 0/ /` 1.87' J/ -. EXISTING R.O.W. SEPTEMBER 23, 2009 NO. 31 192.305-9021 ROW.dwg EXHIBIT ft PARCEL 192305-9021 Mg restarabit RIGHT OF WAY POSSESSION AND USE AGREEMENT-7 EXHIBIT pt- PARCEL NO. 1923()55-9021 PERMANENT EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL"A,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL`X,SAID CORNER ALSO BEING ON THE WEST MARGIN OF RAINIER AVENUE SOUTH; THENCE SOUTH 01°23'11"WEST ALONG SAID MARGIN, 123.88 FEET TO AN ANGLE POINT; THENCE SOUTH 77°27'55`WEST ALONG SAID MARGIN,19.41 FEET TO AN ANGLE POINT,' THENCE SOUTH 46°16'20°WEST ALONG SAID MARGIN,1.87 It&I TO THE TRUE POINT OF BEGINNING THENCE CONTINUING SOUTH 46°16'20'WEST ALONG SAID MARGIN,11.28 FEET; THENCE NORTH 01°08'02'EAST,130.73 FEET TO THE NORTH LINE OF SAID PARCEL W; THENCE NORTH 77°27'28'EAST ALONG SAID NORTH LINE,8.23 FEET; THENCE SOUTH 01°08'02'WEST,827 FEET; THENCE SOUTH 88°51'58"EAST,a00 FEET, THENCE SOUTH 01°08'02'WEST,103.09 FEET, THENCE SOUTH 13°52'0?WEST, 13.72 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,351 SQUARE FEET,MORE OR LESS. (PER PACIFIC NORTHWEST TITLE COMPANY ORDER NO.655457,DATED SEPTEMBER 19,2007) LOTS 1,2,3,ANDA,CITY OF RENTON SHORT PLAT NO. 100-80,RECORDED LINER RECORDING NUMBER 8204079001,SAID SHORT PLAT BEING A PORTION OF SECTION 19,TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M.,IN KING COUNTY,WASHINGTON; EXCEPT THAT PORTION OF SAID LOT 4 CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 8810070182 AS SHOWN ON RIGHT OF WAY PLANS FOR RAINIER AVE S(SR 187)-S GRADY WAY TOS 2ND ST, PROJECT NUMBERON FILE AT THE CITY OF RENTON,WASHINGTOI�L DATE OF PLANS ( I.{ .Lb ceC • ' Air ,r MUMs S'!'E 31 1923099021 ESMT.DOC Page 1 of 1 ©411 yp.0 KFG . TACOMA.SEATTLE 3-24--11 POSSESSION AND USE AGREEMENT-8 /i NW 1/4 SEC. 19, T. 23 N., R. 5 E., W.M. 50' R.O.W. 8.23, 21.31' 'pOB PRRUNE .00' S -.n / I U5 I N.T.S. EASEMENT AREA ROW TAKE L�.t =1,351 S.F± >d Q � NUMBER 0 xTAX LO � 192305-9021 g Z_ o ce {LOT 1, S.P. NO. 100-80 11.00' Q RECORDING NO. 8204079001) ;,� 2 n o f ~ eu N •O 2 It 15.4,' 1 0 IX. I I . ____ API 50' 0. R.O.W. 01 tNi .0" .,,,, 4, 19.41' EXISTING R.O.W. /. e DECEMBER 02, 2010 NO. 31 192305-9021 ESMT.dwg, EXHIBIT " PARCEL 192305--9021 Vasa Daft& PERMANENT EASEMENT POSSESSION AND USE AGREEMENT-9 7i NW 1/4 SEC. 19, `T. 23 N., R. 5 E., W.M. 50' TAX LOT NUMBER R.O.W. 192.305-9073 TAX LOT NUMBER I 8.27' 192.305-9029 8.23' 29.54' 1 .-f R.O.W. (/j - FR L1NETAKE PR 3 > I\\ (o (.1 W I(3, 1 ill o yir2 I0 Li z` N M W N.T.S. I CC I..: W PERMANENT W EASEMENT ;- TEMP CONSTRUCTION ESMT AREA=1,483 S.F.± 50' N R.O.W. 31 I o TAX LOT NUMBER , z 192.305-9021 pb (LOT 1, S.P. NO. 100-80 ,; RECORDING NO. 8204079001) 4". NI, R3. 4* 9.65' E iX SANG ------R 0-V1 w N 7i' 28' 19� oo E R_S_W. rk Ews7 ROW. rk N1T2� u" 41z WAY N w SD GRAPY z DECEMBER 2, 2010 NO. .31 192305-9021 Ti E dwg 1 EXHIBIT P- PARCEL 192305-9021 chit Enegralme Mims Dales TEMPORARY CONSTRUCTION EASEMENT POSSESSION AND USE AGREEMENT- 10 f4?'