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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