HomeMy WebLinkAboutPW1990-0194 - Original - HRP Properties 3 - Settlement Agreement - SEPA DNS Conditions Affecting East Valley Hwy TIP - 03/16/1990 After recording return to:
Property Manager
City of Kent
302 W. Gowe St.
Kent, WA 98032
SETTLEMENT AGREEMENT
COMPLIANCE WITH ENV89-59
SEPA DNS CONDITIONS AFFECTING EAST VALLEY HIGHWAY TIP
HILL WAREHOUSE #80-B
HRP PROPERTIES 3
WHEREAS, the City of Kent and HRP PROPERTIES 3, a tenancy in common,
consisting of Harold W. Hill , Gustav Raaum, and John M. Pietromonaco, their
heirs, successors, and assigns (the "Developer") , a land owner of property
located on East Valley Highway, Kent, Washington, (Hill Warehouse #80-B)
desire to resolve issues pertaining to compliance with environmental
mitigation conditions required by the Kent Planning Department in Decision
Document ENV 89-59; and
WHEREAS, said environmental document requires the conveyance of certain
properties abutting and fronting East Valley Highway owned by the Developer,
more fully described in Exhibit A attached and incorporated by reference
herein; and
WHEREAS, Developer believes that such required conveyance constitutes an
unconstitutional taking of property without due process of law; and
WHEREAS, the parties believe it is mutually desirable to resolve such
disputes; and
WHEREAS, the parties agree that unique site conditions, including
alignment of East Valley Highway and existing right-of-way reservations
address the parties' respective objectives and which equitably provide an
alternate mechanism for compliance with environmental mitigation conditions;
NOW, THEREFORE,
In consideration of the foregoing terms and conditions, the parties agree
as follows:
1. In satisfaction of the ENV 89-59 condition requiring uncompensated
conveyance of a 40 foot right-of-way without compensation, as measured from
the existing centerline for Developer's entire property frontage legally
described in Exhibit "A" and incorporated by reference herein on East Valley
Highway, the City shall grant the Developer a monetary credit measured on a
per square foot basis for conveyance of said property as valued at the time of
issuance of precision document ENV 89-59. Conveyance of such property by the
Developer shall occur at the time of creation of the Local Improvement
District for the widening and improving of East Valley Highway to arterial
street standards.
2. This Agreement touches and concerns the subject property and shall
run with the land and be binding upon all successors in interest, assigns, and
estate of the Developers.
3. Should Lind Avenue (approx. 86th Ave. ) be installed from East Valley
Highway to 180th St. as part of the improving and widening of East Valley
Highway to arterial standards then the Developer waives all rights to any and
all monetary credit as measured on a per square foot basis for conveyance of
said property.
4. The Developer waives any appeals pursuant to the State Environmental
Policy Act, RCW 43.21C. and KCC Chapter 12.12A, and forever releases,
discharges and holds harmless the City of Kent, its elected officials,
officers, employees, agents and contract representatives from and against any
and all liability resulting from the execution of this Settlement Agreement,
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
Th
is is to certify that on this A�day of a JA 1990,
before me the undersigned, a Notary Public in and for the State of Washington,
duly commissioned and qualified, personally appeared John Pietromonaco,
Harold W. Hill , and Gustav Raaum, to me known to be the principals of HRP
Properties 3 and individuals described in and who executed the within and
foregoing instrument, and acknowledged to me that they signed and sealed the
same as their free and voluntary act and deed, for the uses and purposes
therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal , the day and year first above written.
N Lot ar Public in d for the St at of
Washington, residing at
My Commission expires
CITY OF KENT
Date
DAN KELLEHER, MAYOR
Witness:
MARIE JENSEN, �QTY CLERK
Approved as to form:
rSANDRA DRISCOLL, CITY ATTOR EY Y
5839L-29L _ 4 -
a
EXHIBIT
The South 200 feet of the North 700 feet of Government Lot 3 in Section 31,
Township 23 North, Range 5 East, Willamette Meridian, in King County,
Washington, lying Westerly of State Highway No. 5 as conveyed to the State of
Washington by deeds recorded under recording numbers 3906286 and 3906281.
5839L-29L
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