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Home My WebLink AboutA 20220225000502Instrument Number: 20220225000502 Document:AG Rec: $216.50 Page-1 of 14 Record Date:2/25/2022 9:55 AM Electronically Recorded King County, WA Attn:City of Renton .e Document Title: Possession ,Group LLC LegalGrantee: City of Renton Abbreviated Legal: Ptn of NW 1/4SE 1/4S18-T23N-R Full •n on Page ParcelTax 182305-9087 CorridorRainier Ave S #., Phase Project Parcel tit'; A. The Owner owns certain real property located at 230 Rainier Ave S, Renton, 98057 ("Property"); d acquireB. The City seeks to Property property rightso, immediate construction of the Rainier Ave S Corridor Improvements Phase 4 Project 1Specifically,!acquire r partial taking of that legallyportion of the Property " d and depicted on fi i ? A pages) hereto ("Fee w legallyke Area"). The City also seeks to acquire a portion of the Property for a Utility Easement as ,..,.. ibe d depicted, and in substantially form of Exhibit B (three pages) hereto ("Easement Area"). The City also seeks to acquire wAportion of the Property• i R- n Easement as legally described and fir it C hereto ("TCE Exhibits ' B, and C are attached hereto and incorporated herein by ,. is reference and the Fee Take Area, EasementArea, TCE Area are collectivelyhereinafter referred to 4i and Instrument Number: 20220225000502 Document:AG Rec: $216.50 Page-2 of 14 Record Date:2/25/2022 9:55 AM King County, WA LORMWOMIm 11 111111111111111111 1!!!�l 1 111111 iiijil 11111111 1 11 ISTIATKOR"R, F I I � 1 0 1 ill l�;�l E. The Owner wishes to grant the immediate possession and use of the Right -of -Way Property to the City for the purpose of commencing construction; and F. The Parties require additional time in order to evaluate the offer and/or to resolve any questions concerning just compensation, conclude negotiations, and to close the sale of the Right -of -Way Property to the City. A W11 '$f,F671T0V%,, =-f value of interests of others therein. This amount shall be applied to the sale of 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 toward the value of the Right-ol Property determined by/in that action. MUM %,31QWrS10M76r4"Wr1—I AM5 ElIdt VY Wtililly L1115 me Uw7TTIll Ui!5e,--f1F(A tl--t the requirements of RCW 8.25.070(3) concerning responding to a written request for possession and use and that the date of City's acceptance of this Possession and Use Agreement is the agreed date of valuation. 2.2 Owner authorizes Allen Sakai, of Jeppesen Gray Sakai P.S., asakai@jgslaw.com, to accept service on Owners behalf. Page 2 of 12 600268.1- 363944 -0007 Instrument Number: 20220225000502 Document:AG Rec: $216.50 Page-3 of 14 Record Date:2/25/2022 9:55 AM King County, WA 3. Possession. Upon recording of this Agreement in the records of the Ring County er's Office, the Owner hereby grants possession and use of the Right -of -Way Property to the City, its employees, agents, contractors, and representatives for the purpose of commencing construction and performing all tasks necessary for completion of the above referenced project. The Owner hereby waives the requirement of a written notice to move, as provided by RCW 8.26.180, and will surrender possession of the Right -of -Way Property to the City immediately upon recording of this Possession and Use Agreement, unless extended in writing under a separate rental agreement. 4. Indemnification. The Owner and the City hereby agree to indemnify, hold harmless, and defend each other from any and all claims, liability, damages, costs, expenses, and judgments arising from the negligence or intentional misconduct of their respective officers, employees, agents, or contractors on the Right -of -Way Property or the Property, occurring prior to closing or final decree transferring title to the Right -of -Way Property. 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 the property set over to those portions of Parcel No 182305-9087 that are not subject to this Agreement. 6. The City will continue to negotiate with the Owner for the required Right-of-V-17ay Property, including the price, and if applicable, non -monetary consideration. The Owner may provide additional appraisal information, supplied by a state certified appraiser, or other applicable cost information to the City for 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 and/or other conveyance documents to the City for the herein -described property and property rights. 7. If the City and Owner cannot agree on a price for the Owner's real property within four (4) months of the date of this Agreement, or if title cannot be cleared, the City may institute condemnation proceedings; provided that the City reserves the right to institute condemnation proceedings at any time upon impasse or request by the Owner. 8.1 Entire Agreement. This Agreement contains all of the agreements of the O�'artics with respect to any matter covered or mentioned in this Agreement. This Agreement shall be recorded against the Property. Page 3 of 12 600268A-363944-0007 Instrument Number: 20220225000502 Document:AG Rec: $216.50 Page-4 of 14 Record Date:2/25/2022 9:55 AM King County, WA ,,,.. concerning Agreement. 8.4 Amendments. No provision of this Agreement may be amendedmodified except by en agreement signed by the Parties. 8.5 .,, Any provision of this Agreement .fir, which is declaredinvalid orillegal h 4 in no ♦ affect or invalidate any other provision and ; w provisions remain in full force and effect. 8.6 M. Party lk• represents and warrants that the individuals executing this Agreement 8.7 In the event any of the r default performance Agreement or any Partyz. enforcement of this Agreement in the hands of an attorney, or files a lawsuit, said Party shall pay all its own aftorneys'fees, costs, and expenses. The venue for any dispute related to this Agreement Countybe in King p' yr Court forof h gF' Maleng Regional Center in Kent, # County, Washington, or its replacement or successor. breach8.8 Waiver of Breach. Failure of a Party to declare any breach or default immediate upon the occurrence thereof, or delay in taking any action in connection with, shall not wail such or default. 8.9 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 8.10 Successors in Interest. This Agreement is intended to protect the value of the and burdens shallland and s- binding'., d its heirs, successors, and d upoCity of n The date of be date by the City of Renton d the Parties further agree that the terms and obligations herein shall not become binding upon the City unless n1 until accepted and approvedM for the City by its authorized g. n The Carney lnve ` coup LLC the Carney Investment Group LL.0 y: y: Printed Nam : v,' Icr vo e Printed Name: Title: C, Title: R Cate: � � ate: Page 4 of 1 600268.1 - 3639 -0007 Instrument Number: 20220225000502 Document:AG Rec: $216.50 Page-5 of 14 Record Date:2/25/2022 9:55 AM King County, WA ij�jil 1jjj!1jjl1111!�1!!11l111: !I�JIII!1:� 11115i concerning this Agreement. 8.4 Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 8.5 Severability. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision and such other sections or provisions shall remain in full force and effect. 8.6 Authority. Each Party represents and warrants that the individuals executing th Agreement are duly authorized to execute this Agreement. i 8.7 Attorney Fees and Jurisdiction. In the event any of the Parties default on performance of any terms of this Agreement or any Party places the enforcement of th Agreement in the hands of an attorney, or files a lawsuit, said Party shall pay all its o] attorneys'fees, costs, and expenses. The venue for any dispute related to this Agreement sh I be in King County Superior Court for the State of Washington at the Maleng Regional Justi Center in Kent, King County, Washington, or its replacement or successor. it Waiver of Breach. Failure of a Party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waiv-'.' such breach or default. 8.9 Performance. Time is of the essence of this Agreement and each and all of its trovisions in which performance is a factor, andbur�ens inuring to the Property, and to the City, from this Agreement shall run with t - land and shall be binding upon Owner and its heirs, successors, and assigns, and upon t - City of Renton. A 111 11-#&1V-V; U R I V 12141 &;1*0rQ ft 4 By: Printed Name: Title: 70M Page 4 of 12 600268,1 - 363044 -0007 Instrument Number: 20220225000502 Document:AG Rec: $216.50 Page-6 of 14 Record Date:2/25/2022 9:55 AM King County, WA POSSESSION AND USE AGREEMENT Accepted and approved by the City of Renton County STATE OF WASHINGTON ) Carneyn to me known to be the of The gtlimited liability company, who acquired title as The Carney Investment Group, L.P., a Washington limited partnership, that eforegoing acknowledged said instrument to be the free and voluntary Limited Liability Company, for the uses • purposes therein mentioned, and on oath stated that (helshe/they) (is/are) authorized to execute said instrument. .- Name: wo A �K+� % o tjolsuNsem tli �� IS Washingt n, residing at 31 commission Page 5 of 12 600268.1- 363944 -0007