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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 -1 - 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. - 2- 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. -3 - w 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. -4 Q4 - 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 -5- 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, 432-dey.ny P \'�1 QQ �MJJB�7 5 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 L INV 2 8, TWP . N . , R G E. 5 E. , W. M . L L 20' PERMANENT L EASEMENT -00 30+00 31+00 32+00 S57'34'08"E 1776 S.F. S�57'34'08"E ��' S57'80.03' 88.82' T*4'08"E 1792 S.F. .16' 10 1621 S.F. '2401 S.F. 2572 S.F. 12615W 24 t. TEMPpRARY EASEMENT 1 573"E 6 7 O TITLE N0. TITLE N0. TITLE N0. TIT 325120-18 325121-19 325122-20 Q 1 32 #12508 #12524 1 ' 1' PERMANENT MENT I Z I #1255 _ - -- _ I . . ... ........................ .........� ... .............. ... k, D1 TION -- - j � 8_ 0 � 14 s 0 s ` 9 �'�--