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HomeMy WebLinkAboutPW1998-0317 - Original - The Boeing Company - South 196th Street Corridor Project - Possession and Use Agreement - 08/06/1998 Attn: City of Kent 220 Fourth Avenue South Kent Washington 98032 Grantor(s): Grantee(s): Legal Description: (abbreviated) Additional Legal is on page of document(s). Assessor's Property Tax Parcel/Account Number(s): REAL PROPERTY POSSESSION AND USE AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF KENT THIS REAL PROPERTY POSSESSION AND USE AGREEMENT is entered into between The Boeing Company, a Delaware Corporation ("Owner") and the City of Kent, a Washington municipal corporation("City"). Recitals 1. The City affirms that it requires the Owner's real property described in Exhibits A, B, and C, which are attached and incorporated by this reference, in order to construct the City's South 196th Street—West Leg—Corridor project. 2. The City affirms that any delay in its construction program is contrary to the public interest. 3. The City has made a firm and continuing offer to pay the amount of Five Hundred Fourteen Thousand Three Hundred Ninety-two and 50/100 dollars ($514 392.50) for the purchase of the real property described in Exhibit A, for a temporary construction 1 easement for the real property described in Exhibit B, and for a utility easement for the real property described in Exhibit C. These properties are shown on the right-of-way acquisition map on file in the City's Engineering Department. 4. The Owner will grant the City possession and use of the properties described in Exhibits A, B, and C for the limited purpose of commencing construction on the City's South 196t` Street—West Leg—Corridor project. 5. The Owner requires time to evaluate the City's firm offer and/or to resolve any questions concerning just compensation; NOW, THEREFORE, the Owner and the City agree as follows: Agreement 6. The Owner's real property described in Exhibits A, B, and C is necessary for a public use by the City. 7. If it becomes necessary for the City to institute condemnation proceedings to obtain the property described in Exhibits A, B and C, the Owner has no objection to the entry of an ORDER ADJUDICATING PUBLIC USE AND NECESSITY by the City, and that this agreement will be treated as and accorded the same provisions as an ORDER FOR IMMEDIATE POSSESSION AND USE. The Owner retains the right to a trial on just compensation,with just compensation to be determined as of the date of trial. 8. The owner hereby surrenders possession of the property described in Exhibits A, B, and C on the same day the City's South 196t' Street—West Leg—Corridor project is advertised for bid for construction or upon the effective date of this agreement, whichever occurs sooner. 9. By accepting and/or recording this possession and use agreement, the City agrees to indemnify and hold harmless Owner from and against any and all claims, liabilities, and costs (including the reasonable fees and disbursements of Owner's counsel and including any costs incurred in establishing the right to indemnification hereunder) for injury njur to or by or death of any person, for loss of or damage to any property Y be caused arise out of the City's exercise of the rights herein granted (including any claims or liabilities arising out of the actions of the City's agents, employees, and/or contractors) or for cleanup or remediation of any contamination released, used, stored, generated, or transported by the City, its agents, employees, and/or contractors, provided that the City shall not be responsible to Owner for damages for personal injury or property damage to the extent they result from the negligence or willful misconduct of Owner. 10. In the event that the City encounters, or suspects that it has encountered any hazardous substances in or on the Property, the City shall cease all operations and notify Owner. If the encountered or suspected hazardous substances are not the result of the acts or omissions of the City, Owner shall, at its own expense, determine if the material is 2 hazardous, as determined by applicable law. If the material should prove to be hazardous, then the Owner shall, at its own expense, remove, dispose, or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, or reroute the easement, if possible. If hazardous substance are removed, Owner also shall provide substitute nonhazardous material to replace the removed material for the City to use in its operation, if necessary. Should the encountered or suspected material prove not to be hazardous, the City shall proceed with the operations at its own cost, with no I ecourse against the Owner for the cost of schedule delays incurred due to the delay in operation. If the encountered or suspected hazardous substances are the result of the acts or omissions of the City its agents, employees, or contractors, Owner's characterization of the substances involved and any removal, disposal or other handling costs incurred in connection with the removal, disposal, or handling of the hazardous substances will be at the City's expense, and the City shall have no recourse against Owner for the cost of schedule delays incurred due to the delay in operation. 11. This agreement shall bind each parry's successors, heirs, and assigns. THE CITY OF KENT THE BOEING COMPANY By: ByI Title: Ji to Mao Tit00L � Date: � d' Da ATTEST: Brenda Jacober, rt Clerk PAw jn.Es�0314'en".g, 3 d PARCEL NO. 11 NEW RIGHT-OF-WAY WESTERLY PORTION That portion of Government Lot 4, Section 2,Township 22 North, Range 4 East, W.M., described as follows: BEGINNING at the intersection of the North line of said Government Lot 4 with the Easterly margin of Russell Road(said intersection is also the most Westerly corner of Lot 3, of Southcenter Corporate Park Short Plat I, as delineated on City of Kent Short Plat No. SPC-80-14 and recorded under King County Recording No. 8012110583); Thence South 89'16'32" East along the North line of said Government Lot 4 a distance of 241.92 feet; Thence South 26°52'08" West 161.32 feet; Thence South 50°47'40" West 143.79 feet; Thence South 42°34'27" West 116.73 feet to an intersection with the said Easterly margin of Russell Road; Thence North 2°42'26" East along said Easterly margin 258.80 feet to a point on a curve from which the radial center bears South 87°17'34" East 357.56 feet; Thence continuing Northerly along said Easterly margin and the arc of said curve concave to the East 66.04 feet to its intersection with the North line of said Government Lot 4 and the POINT OF BEGINNING. Containing 46,105 square feet(1.058 acres) more or less. EXHIBIT PARCEL NO. 11 NEW RIGHT-OF-WAY EASTERLY PORTION That portion of the South 1/2 of the Northeast 1/4 of Section 2, Township 22 North,Range 4 East, W.M., described as follows: BEGINNING at the intersection of the South line of the North 10.00 feet of the said South 1/2 (also the Southerly margin of South 196th Street)with the West line of the said Northeast 1/4; Thence South 88°59'58" East along said Southerly margin 2252.47 feet to an angle point therein; Thence continuing along said Southerly margin South 84°19'57" East 245.82 feet to its intersection with the Westerly margin of the West Valley Highway; Thence South 35°11'02" East along said Westerly margin 14.13 feet; Thence North 86°40'34" West 256.61 feet; Thence North 88°59'58" West 1397.00 feet; Thence South 1°00'02" West 15.00 feet; Thence North 88*59'58" West 150.00 feet; Thence North 1°00'02" East 15.00 feet; Thence North 88°59'58" West 598.39 feet to a point on a curve from which the radial center bears South 1°00'02" West 710.00 feet; Thence Westerly along the arc of said curve concave to the South 104.03 feet to its intersection with the West line of the said Northeast 1/4;Thence North 0°17'19" East along said West line 28.61 feet to the POINT OF BEGINNING. Containing 53,802 square feet(1.235 acres) more or less. 4 Eltf 6 I B I T A IOF PARCEL NO. 11 TEMPORARY CONSTRUCTION EASEMENT WESTERLY PORTION That portion of Government Lot 4, Section 2,Township 22 North, Range 4 East, W.M., described as follows: Commencing at the intersection of the North line of said Government Lot 4 with the Easterly margin of Russell Road(said intersection is also the most Westerly comer of Lot 3, of Southcenter Corporate Park Short Plat I, as delineated on City of Kent Short Plat No. SPC-80-14 and recorded under King County Recording No. 8012110583); ThenceSouth 89'16'32" East along the North line of said Government Lot 4 a distance of 241.92 feet to the POINT OF BEGINNING; Thence South 26°52'08" West 161.32 feet; Thence South 50°47'40" West 143.79 feet; Thence South 42°34'27" West 116.73 feet to an intersection with the said Easterly margin of Russell Road; Thence South 2°42'26" West along said Easterly margin 15.60 feet; Thence North 42°34'27" East 127.99 feet; Thence North 50°47'40" East 145.19 feet; Thence North 26°52'08" East 168.35 feet to an intersection with the North line of said Government Lot 4;Thence North 89°16'32 West along said North line 11.14 feet to the POINT OF BEGINNING. Containing 4,317 square feet(0.099 acres) more or less. n�Z� EXHIBIT +3 t' PARCEL NO. 11 TEMPORARY CONSTRUCTION EASEMENT EASTERLY PORTION That portion of the South 1/2 of the Northeast 1/4 of Section 2, Township 22 North, Range 4 East, W.M., described as follows: 4` Commencing at the intersection of the South line of the North 10.00 feet of the said South 1/2 (also the Southerly margin of South 196th Street)with the West line of the said Northeast 1/4; Thence South 88°59'58" East along said Southerly margin 2252.47 feet to an angle point therein; Thence continuing along said Southerly margin South 840 19'57" East 245.82 feet to its intersection with the Westerly margin of the West Valley Highway; Thence South 35°11'02" East along said Westerly margin 14.13 feet to the POINT OF BEGINNING; Thence North 86°40'34" West 256.61 feet; Thence North 88°59'58" West 1397.00 feet; Thence South 1°00'02" West 15.00 feet; Thence North 88°59'58" West 150.00 feet; Thence North 1°00'02" East 15.00 feet; Thence North 88°59'58" West 598.39 feet to a point on a curve from which the radial center bears South 1°00'02" West 710.00 feet; Thence Westerly along the arc of said curve concave to the South 104.03 feet to its intersection with the West line of the said Northeast 1/4; Thence South 0°17'19" West along said West line 10.09 feet to a point on a non-tangent curve from which the radial center bears South 7030'19" East 700.00 feet; Thence Easterly along the arc of said curve concave to the South 103.92 feet; Thence South 88°59'58" East 588.39 feet; Thence South 1°00'02" West 15.00 feet; Thence South 88°59'58" East 170.00 feet; Thence North 1°00'02" East 15.00 feet; Thence South 88°59'58" East 1386.80 feet; Thence South 86°40'34" East 264.36 feet; Thence North 35°11'02" West 12.78 feet to the POINT OF BEGINNING. Containing 25,398 square feet (0.583 acres) more or less. EXHIBIT f5&, . Zc*z) PARCEL NO. 11 UTILITY EASEMENT (17' WIDTH) That portion of the South 1/2 of the Northeast 1/4 of Section 2,Township 22 North,'Range 4 East, W.M.,described as follows: Commencing at the intersection of the South line of the North 10.00 feet of the said South 1/2(also the Southerly margin of South 196th Street)with the West line of the said Northeast 1/4; Thence South 88°59'58" East along said Southerly margin 2252.47 feet to an angle point therein; Thence continuing along said Southerly margin South 84°19'57" East 245.82 feet to its intersection with the Westerly margin of the West Valley Highway; Thence South 35°11'02" East along said Westerly margin 14.13 feet to the POINT OF BEGINNING; Thence North 86°40'34" West 256.61 feet; Thence North 88°59'58" West 1397.00 feet; Thence South 1°00'02" West 15.00 feet; Thence North 88°59'58" West 150.00 feet; Thence North 1°00'02" East 15.00 feet; Thence North 88059'58" West 598.39 feet to a point on a curve from which the radial center bears South 1°00'02" West 710.00 feet; Thence Westerly along the arc of said curve concave to the South 104.03 feet to its intersection with the West line of the said Northeast 1/4; Thence South 0°17'19" West along said West line 17.16 feet to a point on a non-tangent curve from which the radial center bears South 7°35'04"East 693.00 feet; Thence Easterly along the arc of said curve concave to the South 103.84 feet; Thence South 88°59'58" East 581.39 feet; Thence South 1°00'02" West 15.00 feet; Thence South 88°59'58" East 184.00 feet; Thence North 1°00'02" East 15.00 feet; Thence South 88°59158" East 1379.66 feet; Thence South 86°40'34" East 269.79 feet; Thence North 35'11'02" West 21.72 feet to the POINT OF BEGINNING. Containing 43,220 square feet(0.99 acres) more or less. EXHIBIT ,0 PSE17 f PARCEL NO. 11 VEGETATION CONTROL EASEMENT (8' WIDTH) That portion of the South 1/2 of the Northeast 1/4 of Section 2, Township 22 North;Range 4 East, W.M., described as follows: Commencing at the intersection of the South line of the North 10.00 feet of the said South 1/2(also the Southerly margin of South 196th Street)with the West line of the said Northeast 1/4; Thence South 88°59'58" East along said Southerly margin 2252.47 feet to an angle point therein; Thence continuing along said Southerly margin South 84°19'57" East 245.82 feet to its intersection with the Westerly margin of the West Valley Highway; Thence South 35°11'02" East along said Westerly margin 35.85 feet to the POINT OF BEGINNING; Thence North 86°40'34" West 269.79 feet; ThenpeNorth 88"59'58" West 1379.66 feet; Thence South 1 000'02" West 15.00 feet; Thence North 88°59'58" West 184.00 feet; Thence North 1°00'02" East 15.00 feet; Thence North 88°59'58" West 581.39 feet to a point on a curve from which the radial center bears South 1°00'02" West 693.00 feet; Thence Westerly along the arc of said curve concave to the South 103.84 feet to its intersection with the West line of the said Northeast 1/4; Thence South 0°17'19" West along said West line 8.08 feet to a point on a non-tangent curve from which the radial center bears South 7°40'37"East 685.00 feet; Thence Easterly along the arc of said curve concave to the South 103.74 feet; Thence South 88°59'58" East 573.39 feet; Thence South 1°00'02" West 15.00 feet; Thence South 88°59'58" East 200.00 feet; Thence North 1°00'02" East 15.00 feet; Thence South 88°59'58" East 1371.50 feet; Thence South 86°40'34" East 274.66 feet; Thence North 22°26'37" West 4.72 feet; Thence North 35°11'02" West 4.79 feet to the POINT OF BEGINNING. Containing 20,410 square feet(0.47 acres) more or less. PsEvesB EXH I B IT G °���