HomeMy WebLinkAboutCAG20020416 - Original - Donna E. Young - Settlement for Easement Rights - 05/26/1999 � f 6 L •
Settlement Agreement
Dated: May 26, 1999
Recitals
This Settlement Agreement ("Agreement") is entered into between the City of
Kent ("the City") and Donna E. Young ("Young"), collectively "the Parties."
Young own and occupies certain real property (the "Young Property") located
at 12524 SE 270th Street, Kent, Washington 98031. Young operates a home daycare
business on the her Property.
The City filed a condemnation petition in King County Superior Court (Cause
No. 99-2-07050-OKNT) in order to acquire certain easement rights in the Young
Property. The easement rights sought by the City are necessary in furtherance of the
City of Kent's East Hill Sewer Interceptor Project (the "Project"), as contemplated in
Kent City Ordinance No. 3445.
This Agreement is in full settlement of Young's claims for just compensation in
connection with the Project and the easement acquisition, except as provided in
paragraph 13.
The Parties agree to settle the condemnation lawsuit as follows:
Agreement
The Parties hereby agree as follows:
1. Young agrees to grant the City (a) a 30-foot-wide temporary
construction easement and (b) a 20-foot wide permanent sanitary sewer easement in
the forms attached as Exhibits A and B,respectively, to this Agreement.
2. The 30-foot wide temporary construction easement parallels the
permanent easement across the width of the Young Property, and is located adjacent
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to and south of the permanent easement. The relative locations of these two
easements are depicted on Exhibit C to this Agreement.
3. The City acknowledges the existence of improvements ("Existing
Improvements") within the area of the temporary and permanent construction
easements, consisting of fencing, lawn, a rock border strip around the perimeter of
the lawn, playground equipment, a storage shed, a light pole with lighting wired into
Young's house, an irrigation system, French drains, and a retaining wall. The City
agrees that it will repair or replace Existing Improvements if they are damaged or
removed during construction, as follows:
a. The existing fence, to the extent damaged or removed, will be
repaired or replaced with an equivalent or better new fence. The new fence along the
east property line, however, will be relocated from its present location to the new
east property line that will exist upon Young's contemplated acquisition of the
western one-half of 125th Place Southeast, with respect to which a request for street
vacation has been made, as further described in paragraph 9 below. It is understood
that Young wants to erect, at her expense, a solid wood fence in place of the existing
fence along the east property line. The City will pay for construction of the fence
posts and cross rails, and Young will complete the construction at her own expense.
b. The City will pay Young $1,100.00 in addition to the other
amounts set forth in this Agreement as compensation for the cost (including tax and
installation) of a new shed.
C. Lawn and rock walkway (with edging) bordering the lawn will
be replaced with new sod, rock, and edging. The City's contractor will be required to
properly install, and provide a one-year warranty for, the new sod lawn.
d. The existing French drains and irrigation system will be replaced
with equivalent or better quality French drains and irrigation system.
e. The City will pay Young up to a maximum of $20,000.00 to
install new playground equipment equivalent to that which will be destroyed during
construction. This payment will be made jointly to Young and the playground
equipment contractor of her choice. If Young does not actually install new
equipment by October 30, 1999, she agrees to refund this $20,000.00 to the City. In
addition, Young also agrees to provide the city copies of her construction estimates
and invoices relating to the equipment.
f. If the existing light standard is damaged or removed during
construction, it will be repaired or replaced.
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g. If the existing retaining wall is damaged or removed during
construction, it will be repaired or replaced.
h. If disagreements arise in connection with performance of the
foregoing provisions related to Existing Improvements, the Parties will utilize an
alternative dispute resolution ("ADR") process to resolve such disagreements, as
follows: the Parties will select a mutually acceptable third party to arbitrate such
disagreements, and the decision of the arbitrator shall be final. In the event the
Parties are unable to reach agreement in selecting an arbitrator, each Party shall select
one individual; the two individuals selected will then select a third individual to act
as arbitrator. In the event that process fails to yield an agreement, the parties will
request a list of three arbitrators from the King County Superior Court arbitration
department; each Party will have the right to strike one name from the list, and the
third name remaining will be the individual selected.
i. Photographs and/or drawings depicting the improvements will
be appended to this agreement no later than June 7, 1999.
4. The City and/or its contractor will provide Young 20 days advance
written notice prior to commencement of construction on the Young Property. In
addition, prior to commencement of construction, the City and/or its contractor will
install temporary construction fencing, consisting of a six-foot-high chain link fence,
across the entire width of the Young Property not more than three (3) days prior to
construction. This fencing will remain in place until construction is completed and
the Young Property has been restored, including restoration of Existing
Improvements as addressed in paragraph 3 above. The City, if necessary, will
accommodate Young's replacement of the playground equipment in conjunction
with the property restoration. The City will require that its contractor complete
construction (including restoration of the Young Property) within 21 calendar days
from the day that the contractor first enters the Young Property, and that
construction and restoration be completed by September 1, 1999.
5. To minimize the disruption to Young and the home daycare business
that she operates, the City will require that its contractor complete construction
(including restoration of the Young Property) within 21 calendar days from the day
that the contractor first enters the Young Property, and that construction be
completed by September 1, 1999.
6. The City will, during the course of construction, install a sewer stub
and make a sewer connection to the Young residence at no expense to Young. The
existing septic system will be properly terminated in accordance with existing laws.
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7. In addition to the amounts set forth in paragraphs 3b and 3e above, the
City will pay Young a lump sum of $15,750.00 in just compensation, in full and
complete settlement of all claims related to the City's sewer Project and the above-
referenced condemnation lawsuit except as provided in paragraph 13.
8. The City will reimburse Young up to $1500.00 for attorneys' fees
incurred in negotiating this Agreement.
9. Young has submitted to the City an application for the vacation of 125th
Place SE, and desires to acquire the western half of said street. The City Attorney
and the City Public Works Director will support Young's request that the street be
vacated. —The acquisition will result in an eastward adjustment of Young's east
property line. Therefore, when Young's existing fence along her east property line
(i.e., fence that will be removed during construction) is replaced after construction,
the new fence will be installed on the new property line as set forth in paragraph 3a
above. The existing retaining wall at the back (north) edge of the Young Property
will also be extended eastward to the new property line, and the yard and lawn
extended accordingly - to the new east property line - at the same grade as the
existing lawn.
10. The City will indemnify and defend Young and save her harmless from
and against all demands, losses, damages, claims, and causes of action or injury to
person, loss of life or damage to property caused by or arising out of construction of
the City's Project. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damage to property caused by or resulting
from the concurrent negligence of Young and the City (and/or the City's officers,
officials, employees, agents, contractors and assigns), the City's liability under this
Agreement shall be only to the extent of the City's negligence.
11. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the
validity of the remaining portion of this Agreement, which shall remain in full force
and effect.
12. The written provisions and terms of this Agreement, together with any
attached exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of, or altering,
this Agreement in any manner. This Agreement and attached exhibits contain the
entire Agreement between the Parties.
13. Young is concerned that she may suffer income loss for some period of
time after the date of project completion, but this claim is, at present, speculative.
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The Parties hereby agree that by her participation in this Settlement Agreement,
Young does not in any way waive or otherwise forego legal claims, if any she may
have, related to this feared income loss, and that she will not, by signing this
Agreement, be estopped from later advancing such claims. The City does not, by
entering into this Agreement, waive its claim that Young is not entitled to
compensation for income loss.
City of Kent
O4�By: �M
Don Wickstrom
Director of Public Works
Respondent
Donna E. Young
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AFTER RECORDING MAIL TO:
Property Management
City of Kent
220 4th Avenue South
Kent, WA 98032
Reference Number of Related Document : 325122-20
Grantor (s) : Donna E. Young, as her separate estate
Grantee (s) : City of Kent
Abbreviated Legal Description: Lot 6 Big "K" #2
Additional Legal Description is on Page (s) of Document
Assessor' s Property Tax Parcel or Account No. : 080800-0010
Project : DEL WEBB INTERCEPTER
Temporary Construction Easement
Individual
THIS AGREEMENT made this day of 19 by and
between Donna E. Young, as her separate estate hereinafter called
"Grantors" and CITY OF KENT, municipal corporation of King County,
Washington, hereinafter called "Grantee" .
WITNESSETH: That said Grantor(s) , for and in consideration of
said , do hereby these presents grant ,
bargain, sell, convey, and confirm unto the said Grantee, its
successors or assigns, a temporary right-of-way or easement to be
used only during construction of said sanitary sewer on adjacent
property pursuant to settlement agreement of even date . The said
temporary right-of-way or easement shall be through and across the
following described property situated in King County, Washington:
The south 30 . 00 feet of the north 50 . 00 feet of Lot 6 Big "K"
Addition in Volume 67 of Plats Page 66 in King County Washington.
All measurements shall be measured parallel with the northeasterly
line of said plat .
Said temporary construction easement shall remain in force
during construction and until such time as construction and
restoration on the Young Property is completed as provided in said
Settlement Agreement . The said Grantee shall have the right,
660-dey.ny Page 1 of 2
XN�SIT
without prior institution of any suit or proceeding at law, at such
times as may be necessary to enter upon said above described
property for the purpose of construction of said sanitary sewer or
making any connections therewith, without incurring any legal
obligation or liability therefore, provided that such constructing
of such sanitary sewer shall be accomplished in such a manner that
the existing improvements and land contours existing in the right-
of-way shall not be disturbed or destroyed or in the event that
they are disturbed or destroyed, they will be replaced in as good
a condition as they were immediately before the property was
entered upon by the Grantee as provided in said contemporaneous
agreement .
This temporary construction easement shall be a covenant
running with the land and shall be binding on the Grantor' s
successors, heirs, and assigns .
Dated this day of 19
Donna E . Young
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I , the undersigned, a Notary Public in and for the State of
Washington, hereby certify that on this day of
19 , personally appeared before me
_to me known to be the individual (s) described in and who executed
the foregoing instrument and acknowledged that
signed and sealed the same as their free and voluntary act and
deed for the uses and purposes therein mentioned.
Notary Public in and for the State of
Washington, residing at
My Commission Expires
660-dey.ny Page 2 of 2
AFTER RECORDING RETURN DOCUMENT TO:
Property Management
City of Kent
220 4th Avenue South
Kent, Washington 98032
Reference Number of Related Document : 325122-20
Grantor (s) : Donna E. Young, as her separate estate
Grantee (s) : City of Kent
Abbreviated Legal Description: Lot 1 Big "K" #2
Additional Legal Description is on Page (s) of Document
Assessor' s Property Tax Parcel or Account No. : 080800-0010
PROJECT NAME : DEL WEBB INTERCEPTER
EASEMENT
Individual
THIS INSTRUMENT made this day of 19 by and
between Donna E. Young, as her separate estate herein called
°Grantor" and CITY OF KENT, a municipal corporation of King County,
State of Washington, hereinafter called "Grantee":
WITNESSETH:
That said Grantors for and in consideration of
and/or other valuable consideration receipt of which is hereby
acknowledged by said Grantors, do by these presents grand, bargain,
sell, convey, and confirm forever unto the said Grantee, its
successors and/or. assigns, an easement for sanitary sewer with
necessary appurtenances, for the installation, operation,
maintenance, extending, construction, altering, reconstruction and
repair over, through, under, across and upon the following
described property situated in King County, Washington, more
particularly described as follows :
The north 20 . 00 feet of Lot 1 Big "K" #2 Addition in Volume 78 of
Plats Page 16 in King County Washington. All measurements shall be
measured parallel with the northeasterly line of said plat .
The said Grantee shall have the right without prior institution of
suit or proceeding at law, at times as may be necessary, and upon
at least seven (7) days written notice to Grantee, to enter upon
said property with the necessary equipment for the purposes of
altering, installation, operation, maintenance, extending,
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1
constructing, repair and reconstructing of said sanitary sewer or
making any connections therewith without incurring any legal
obligation or liability therefore; providing that said altering,
installation, operation, maintenance, extending, constructing,
repair and reconstructing of said sanitary sewer shall be
accomplished in such a manner that the private improvements
existing within this easement area shall not be disturbed or
destroyed, or in the event they are disturbed or destroyed, they
will be replaced and/or restored in as good a condition as they
were immediately before the property was entered upon by the
Grantee .
If disagreements arise in connection with this easement, the
Parties will utilize an alternative dispute resolution process to
resolve such disagreements, as follows : the Parties will select a
mutually acceptable third party to arbitrate such disagreements,
and the decision of the arbitrator shall be final . In the event
the Parties are unable to reach agreement in selecting an
arbitrator, each Party shall select one individual; the two
individuals selected will then select a third individual to act as
arbitrator. In the event that process fails to yield an agreement,
the parties will request a list of three arbitrators from the King
County Superior Court arbitration department; each Party will have
the right to strike one name from the list, and the third name
remaining will be the individual selected.
The Grantor (s) shall retain the right to use the surface of said
easement as consistent with and contemplated by a � Settlement
Agreement entered into between the parties dated May 26, 1999 .
This easement shall be a covenant running with the land forever and
shall be binding on the Grantor' s successors, heirs, and assigns .
Dated this day of 19
Donna E. Young
432-dey.ny Page 2 of 2
STATE OF WASHINGTON)
) SS
COUNTY OF KING )
I, the undersigned, a Notary Public in and for the State of
Washington, hereby certify that on this day of ,
19 personally appeared before me
to me known to be the individual (s)
described in and who executed the foregoing instrument and
acknowledged that they signed and sealed the same as their free and
voluntary act and deed for the uses and purposes therein mentioned.
Print Name •
Notary Public in and for the
State of Washington residing at
432-dey.ny Page 3 of 2
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