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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, - 2 - 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 - 5 -