HomeMy WebLinkAboutCAG2000-03/3 - Original - Charles William & Kathleen Sue Kiefer - S 277TH Street Corridor Settlement and Release Agreement - 01/19/2000 SETTLEMENT AGREEMENT AND RELEASE
THIS AGREEMENT AND RELEASE is entered into between the City of Kent, a
Washington municipal corporation("City"), and Charles William Kiefer and Kathleen Sue
Kiefer,husband and wife ("Kiefers").
RECITALS
1. The Kiefers own certain real property located at 27319— 1 le Ave. SE,Kent,
Washington, 98031.
2. A portion of the southern boundary of the Kiefers' property adjoins certain
right-of-way owned by the City which is under construction as part of the City's 277 h Street
Corridor Project. During construction of this project along the Kiefers' road frontage, the
Kiefers assert that the City's contractor trespassed onto the Kiefers' property as part of the
Corridor Project construction work.
3. The parties have agreed to enter into this Settlement Agreement and Release
rather than continue their dispute over this matter.
AGREEMENT
1. The City agrees to perform the following tasks on or adjacent to the Kiefers'
real property:
a. Install an additional 175 feet of 6' high chain link fencing with wood
privacy slats from the point between where the existing plans show (station 96+00,
approximately 45' east of the retaining wall) and the west end of the Fosters' property which
is located at 27330— 110`s Avenue S.E. (approximately station 97+84);
b. Install a 6' wide pedestrian gate at station 96+00;
C. Place 50 Leyland Cypress trees in two rows, staggered, for about 225'
between station 96+00 and station 96+25. Each tree shall be planted approximately 10 feet
apart and on the south side of the retaining wall;
d. Place approximately 50 cubic yards of fill on the Kiefers'property at
the east end of the retaining wall to level out the property and lengthen the berm; and
SETTLEMENT AGREEMENT AND RELEASE- 1 Kiefer's Initials: _�qC
City's Initials: Jp
2. For and in consideration of the City's provision of the above-described
services, the Kiefers do hereby release and forever discharge the City of Kent, its officials,
officers, employees, agents, volunteers, and assigns from all claims, demands, damages, or
causes of action arising from or connected with any work performed by the City or its
contractors on the 277`" Street Corridor Project as of the date of this Settlement Agreement
and Release.
3. The parties to this Settlement Agreement and Release understand that this is
a full and final release and full compromise and settlement of any and all claims of every
nature and kind,known or unknown, suspected or unsuspected, involving the parties named
above and arising from or connected with the City of Kent's 277t' Street Corridor Project
work and its impacts to the Kiefers or their property as of the effective date of this
Agreement. It is further agreed that this is not an admission of liability on the part of the
settling parties but rather a compromise, the express purpose of which is to preclude any
additional claims and to avoid the uncertainties of litigation and dispute resolution.
4. This Settlement Agreement and Release is being executed after having had
an opportunity to consult with an attorney. Each of the undersigned states that this
Settlement Agreement and Release has been carefully read and is signed as the free act and
deed of the respective individuals or corporation he or she represents.
CITY: KIEFERS:
City of Kent Charles Kiefer
Print Name: Don Wickstrom Date: / — / 6-0 O
Its: Public Works Director
Date: � Kathleen Sue Kiefer Q
Date: /—/ '.4/700
(Notary Acknowledgements Appear on the Following Page)
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SETTLEMENT AGREEMENT AND RELEASE-2
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Don Wickstrom is the
person who appeared before me, and said person acknowledged that he signed this instrument,
on oath stated that he is authorized to execute the instrument on behalf of the City of Kent as
its Public Works Director, and such execution to be the free and voluntary act of such party
for the uses and purposes mentioned in the foregoing instrument.
-Notary Seal Mast Appear Within This Box-
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day
and year first above written.
'J- ,,
s . S'TDel �I
NOTARY PUBLIC, in and for the State
of Washington,residing at
My appointment expires / I — I —0 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 40 day o2000, before me a Notary Public in and for the
State of Washington, personally appear Charles William Kiefer and Kathleen Sue
Kiefer, husband and wife, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed this instrument and acknowledged it
to be their free and voluntary act and deed for the uses and purposes mentioned in this
instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, have hereunto set my hand and official seal the day
and year first above written.
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TARY PUBLIC, in and for the State
/r 10 `; Washington, residing at
WCTON C '�Iy appointment expires
SETTLEMENT AGREEMENT AND RELEASE-3