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).
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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
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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
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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
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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.
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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.
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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.
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