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HomeMy WebLinkAboutPW04-239 - Original - Meridian Valley Properties, LLC - Purchase of 13304 SE 240th Street - 06/23/2004 D -'Xd�t a.°�k�d� x��i� ��i r •, - _- .,.� _ - - _ .__ -_ I �S_,..s�,-•e � _�! ' y �i _ _ r This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: Vendor Number: LJD Edwards Number Contract Number: PP oK239 This is assigned by Deputy City Clerk Description: J r Detail: Project Name: Contract Effective Date: Terminati D te: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manage . Department: W "� Abs act: S Pvb0c\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 s SETTLEMENT AGREEMENT BETWEEN THE CITY OF KENT AND MERIDIAN VALLEY PROPERTIES, LLC REGARDING THE UPPER MERIDIAN VALLEY CREEK IMPROVEMENT PROJECT This Settlement Agreement is entered into between MERIDIAN VALLEY PROPERTIES,LLC, a Washington limited liability company, whose mailing address is 13306 SE 240`h Street Kent, Washington 98042-5106 ("Meridian"), and the CITY OF KENT, a Washington municipal corporation, whose mailing address is 220 4th Ave. S, Kent, Washington 98032, (the "City"), in consideration of the covenants and promises set forth herein. Recitals Meridian is the owner of real property located at 13304 SE 240th Street, Kent, WA 98042, King County tax parcel numbers 152205-9149-05, 152205-9150-01, and 152205-9034-03. These parcels are burdened by an existing Drainage Easement, King County recording number 9504051212. The City wishes to purchase a temporary construction easement and a permanent easement that expands the existing Drainage Easement. The City owns the 132"d Avenue Southeast right of way adjacent to Meridian's King County tax parcel number 152205-9149-05. During a storm in April of 2004, a cluster of trees located in the City right of way and on King County tax parcel number 152205-9149-05 fell and caused damage to a portion of Meridian's parking lot. The City is willing to repair the damage done by the cluster of trees as part of the storm drainage construction that will be preformed during the summer of 2004. The parties agree to the following: Agreement 1. Easement. The City will purchase from Meridian a permanent storm drainage easement attached as exhibit A, and a temporary construction easement attached as exhibit B for the consideration of Fifteen Thousand and no Dollars ($15,000.00). 1.1 Meridian agrees to execute the permanent and temporary easements within five working days of the signing of this agreement and the City agrees to pay the consideration within two(2)weeks of receipt of the executed easements. 1.2 The parties acknowledge that the City's use of the temporary construction easement area will require that access, in an east/west direction, through the temporary construction easement area be blocked. The City will limit the number of access blocked Settlement Agreement Between the City of Kent and Meridian Valley Properties,LLC Re The Upper Meridian Valley Creek Improvement Project—Page I of 3 (June 7,2004) - r days to no more than a total of seven (7) days during the ninety (90) day term of the temporary construction easement. 2. Cedar Tree. The parties acknowledge that a large western red cedar tree, depicted in the photograph attached as exhibit C, is near where construction activities will be performed by the City. The City and Meridian desire that this tree not be removed during the storm drainage construction, but acknowledge that there is a potential for the tree to be damaged during construction. 2.1 The City has placed a note in the construction drawings for the contractor who will be performing the storm drainage work that provides as follows: "Do not damage tree. Contractor may alter creek alignment per engineer to avoid existing tree." 2.2 The City acknowledges that should the tree be damaged by the storm drainage construction, the City would need to compensate Meridian for the damage. The parties agree that no compensation for the tree will be paid at this time, but that the parties will wait twenty-four (24) months after completion of the storm drainage construction to determine whether or not damage has occurred to the tree from the construction. If damage has resulted,the parties will enter into settlement negotiations to determine the amount of compensation based on contribution value of the tree, or replacement of the cedar tree with a specimen not to exceed thirty (30) feet in height, which ever Meridian chooses. 3. Parking Lot Damage. The City agrees to repair the damage done to Meridian's parking lot by trees which fell during the April 2004 windstorm. The damage is depicted in exhibit D attached. The work will be performed by the City at the completion of the storm drainage construction. 4. Jurisdiction and Attorney's Fees. If any dispute arises between the City and Meridian under any of the provisions of this Settlement Agreement, jurisdiction of any resulting litigation shall be filed in King County Superior Court, King County, Washington. In any claim or lawsuit for damages arising from the parties' performance of this Settlement Agreement, the prevailing party shall be entitled to compensation for all legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law. 5. Modification. No waiver, alteration, or modification of any of the provisions of this Settlement Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Meridian. 6. Severabilitv. If any provision of this Settlement Agreement is adjudged to be invalid by a court of competent jurisdiction, such adjudication shall not affect the validity of remaining provisions of this Settlement Agreement. Settlement Agreement Between the City of Kent and Meridian Valley Properties,LLC Re:The Upper Meridian Valley Creek Improvement Project—Page 2 of 3 (June 7,2004) i 7. Entire Agreement. The written provisions and terms of this Settlement Agreement, together with the exhibits attached, shall supersede all prior verbal statements of any representative of the City or Meridian, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Settlement Agreement. IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals. CITY OF KENT MERIDIAN VALLEY PROPERTIES, LLC By: By: Print N e: Jim White Print ame: Richard Pasko Its: Mayor Its: s+�/N✓�'y�� Date: - =A.3-Df-e Date: ✓-1/ow APPROVED AS TO FORM: K By: I - `A Kent Law Department P 1Crva\FH FS\OpmFdesws1"oul nantAg a mtPuko dm Settlement Agreement Between the City of Kent and Meridian Valley Properties,LLC Re:The Upper Mendian Valley Creek Improvement Project—Page 3 of 3 (June 7,2004) EXHIBIT A AFTER RECORDING MAIL TO: City of Kent 220 4th Avenue South Kent, WA 98032 Attention: Property Management Reference Number of Related Document: 397439 Grantor(s): MERIDIAN VALLEY PROPERTIES, LLC. Grantee(s): City of Kent, a Washington municipal corporation Abbreviated Legal Description: Ptn Lots 1 &3 KC SP SP176032(R)REC.NO. 7708180959 Additional Legal Description is on Page 5 of Document Assessor's Parcel No.: 1522059149, 1522059034 &1522059150 Project Name: Upper Meridian Valley Creek Improvement Project Document Date: PERMANENT EASEMENT (Limited Liability Company) THIS INSTRUMENT made this It day of June,2004,by and between MERIDIAN VALLEY PROPERTIES, LLC, a Washington limited liability company hereinafter called "Grantors" 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 ten dollars and/or other valuable consideration receipt of which is hereby acknowledged by said Grantors,do by these presents grant, bargain, sell,convey, and confirm forever unto the said Grantee,its successors and/or assigns,an easement for Storm Drainage including a Box Culvert with necessary ryappurtenances for the installation,operation,maintenance,extending,construction,altering,reconstructing and repairing of the Box Culvert lying within the easement area through,across under and upon the following described property situated in King County, Washington,more particularly described as follows: Refer to Exhibit"A" attached and made a part hereto Permanent Easement Page 1 of 4 (June 7,2004) (between Meridian Valley Properties,LLC,and City of Kent) The said Grantee shall have the right without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon said property with the necessary equipment for the purposes as described above which 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 in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of this easement areas so long as said use does not interfere with the uses heretofore defined. This easement shall be a covenant running with the land forever and shall be binding on the Grantor's successors, heirs, and assigns. fz; -Z G.�� G RI S. PASKO,MEMBER MARGARjq S. VOGEL, MEMBER JI . WOODMAN,MEMBER (Notary Acknowledgments Appear on Next Page(s)) Permanent Easement Page 2of 4 (June 7,2004) (between Mendian Valley Properties,LLC,and City of Kent) STATE OF WASHINGTON ) )ss: COUNTY OF KING ) On this_ & day of June,2004,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared RICHARD S. PASKO,a Member of MERIDIAN VALLEY PROPERTIES,LLC,a Washington limited liability company, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company,and for the uses and purposes therein mentioned,and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my�hand►and official seal hereto affixed the day and year first above written •. e' any. / . 77 .�1VE NCT� ;. Print Name ....., Notary Public in=e State of Washington s . 0 's, PUBLIC 02JS residing at My Commission Expires OZ O f WA`gl ��� STATE OF WASHINGTON ) )ss: COUNTY OF KING ) On this // day of June,2004,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared MARGARET S. VOGEL,Member of MERIDIAN VALLEY PROPERTIES,LLC, a Washington limited liability company, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company,and for the uses and purposes therein mentioned,and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written 00V •. •. � � ': a4y Print Name t))7 `Ce T 7 b,,eiVE £ ..•.. Fi,: g Notary Public in and,fgr the State of Washington u►7;% PUBLIC residing at y4 .,.p My Commission Expires_ y►o4dP WANN�.sa;r Permanent Easement—Page 3of 4 (June 7,2004) (between Meridian Valley Properties,LLC,and City of Kent) STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this /,<' day of June,2004,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared JACK E. WOODMAN, Member of MERIDIAN VALLEY PROPERTIES, LLC, a Washington limited liability company,the company that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said company,and for the uses and purposes therein mentioned,and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written T. Fto F Print Name s NOTgq �g Notary Public in or State of Washington residing at lew�•.. $ �yu',� '0U8t 1C My Commission Expires 0 2—09 -v y N .,8 h�R�WAS�16- P\CrvD1F7LES10pmP�\0810UfmdmVallry-Pem�snentEasempRdoc Permanent Easement—Page 4of 4 (June 7,2004) (between Meridian Valley Properties,LLC,and City of Kent) EXHIBIT A PERMANENT STORM DRAINAGE EASEMENT THAT PORTION OF LOTS 1, 3, AND 4, KING COUNTY SHORT PLAT SP176032(R), AS RECORDED UNDER KING COUNTY RECORDING NUMBER 7708180959, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S88'59'58"E, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 120.56 FEET TO THE MOST WESTERLY CORNER OF A TRACT OF LAND DESCRIBED IN DOCUMENT RECORDED UNDER RECORDING NUMBER 9604051212, RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE S59°38'51"E, ALONG THE SOUTHWEST LINE OF SAID TRACT, 108.18 FEET TO AN ANGLE POINT IN SAID TRACT BOUNDARY; THENCE N63059'57"E, ALONG THE SOUTHEAST LINE OF SAID TRACT, 28.83 FEET TO AN ANGLE POINT 1N SAID TRACT BOUNDARY; THENCE N59038'51"W, ALONG THE NORTHEAST LINE OF SAID TRACT, 81.48 FEET, MORE OR LESS, TO THE NORTH LINE OF LOT 3 OF SAID SHORT PLAT; THENCE S88°59'58"E, ALONG THE NORTH LINE OF SAID LOT 39 A DISTANCE OF 14.49 FEET; THENCE S59007'18"E 76.00 FEET; THENCE S01°09'36"W 4.1.4li FEET; THENCE N59007'18"W 159.21 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE S88059'58"E, ALONG SAID NORTH LINE, 8.83 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT. CONTAINING 1958 SQUARE FEET OR 0.0449 ACRES. e 00 tS� �i•i LF'•f'•ca�aabb a D�rgl LAy� 4� oB4riR iR � , 1✓ EXHIBIT B AFTER RECORDING MAIL TO: City of Kent 220 4th Avenue South Kent, WA 98032 Attn: Property Management Reference Number of Related Document: 397439 Grantor(s): MERIDIAN VALLEY PROPERTIES,LLC. Grantee(s): CITY OF KENT, a Washington municipal corporation Abbreviated Legal Description: Ptn Lots 1 & 3 KC SP SP176032(R)REC.NO. 7708180959 Additional Legal Description is on Page 5 of Document Assessor's Parcel No.: 1522059149, 1522059034 &1522059150 Project Name: Upper Meridian Valley Creek Improvement Project Document Date: TEMPORARY CONSTRUCTION EASEMENT (Limited Liability Company) THIS AGREEMENT made this I/ day of June, 2004, by and between MERIDIAN VALLEY PROPERTIES, LLC, a Washington limited liability company 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 ten dollars and other valuable consideration, do by these presents grant,bargain, sell,convey, and confirm unto the said Grantee,its successors or assigns,a temporary easement to be used only during the installation of a Box Culvert through and across the following described property situated in King County, Washington Refer to Exhibit"A" attached and made a part hereto Temporary Construction Easement—Page 1 of 4 (June 7,2004) (between Mendian Valley Properties,LLC,and City of Kent) Said Temporary Construction Easement shall remain in force for ninety (90) days after construction of the Box Culvert has begun. The said Grantee shall have the right,without prior institution of any suit or proceeding at law, at such times as maybe necessary to enter upon said above described property for the purpose of construction of said Culvert or making any connections therewith, without incurring any legal obligation or liability therefore, provided that such constructing of said Culvert 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. This Temporary Construction Easement shall be a covenant running with the land and shall be binding on the Grantor's successors,heirs,and assigns for ninety(90)days after construction of the Box Culvert has begun. e� -� RICHARD S. PASKO, MEMBER MAR T S. VOGEL,ME ER C E. WOODMAN,MEMBER (Notary Acknowledgments Appear on Next Page(s)) Temporary Construction Easement—Page 2of 4 (June 7, 2004) (between Meridian Valley Properties,LLC,and City of Kent) STATE OF WASHINGTON ) )ss: COUNTY OF KING ) On this day of June, 2004,before me,the undersigned, a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared RICHARD S.PASKO, a Member of MERIDIAN VALLEY PROPERTIES,LLC,a Washington limited liability company, the company that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said company, and for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. d and official seal hereto affixed the day and year first above written �r 0...04 t � Print Name A1144L T 77*,eifJE ~'"n s Notary Public in and for the Sta a of Washington � 9li G residing at �''y i ?�9: •'' � My Commission Expires ®2 -09-oIV y4 pF WA�a�.r"a STATE OF WASHINGTON ) )ss: COUNTY OF KING ) On this�j day of June,2004,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared MARGARET S. VOGEL, Member of MERIDIAN VALLEY PROPERTIES, LLC, a Washington limited liability company, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company,and for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written T,Hp9�a f 5{0A lo••LtQ`10*0 s 4. Print Name /"J9:['-EC T s Notary Public mi d for the State of Washington N� jOUBt tG :,g s residing at �i ?''•., �� My Commission Expires_ DZ oq Ok If f 44444 OP WA$O�ta•� Temporary Construction Easement—Page 3of 4 (June 7,2004) (between Mendian Valley Properties.LLC,and City of Kent) STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this / day of June, 2004,before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JACK E. WOODMAN, Member of MERIDIAN VALLEY PROPERTIES, LLC, a Washington limited liability company,the company that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said company,and for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written ,......,.. �Y tti g w�"'••.tip Print Name &/ige ti c10Tggy is '4 Notary Public in and or State of Washington s residing at pV6t tC IZ My Commission Expires_ 02 -4--O . y tidd,10Wkj%`ul ,t��`a,.�' AS PNOYrFILaswaffrles�osIo vaIry-Tanpcom«.sew�nd« Temporary Construction Easement—Page 4of 4 (June 7,2004) (between Meridian Valley Properties,LLC,and City of Kent) ' • P EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT THOSE PORTIONS OF LOTS 1, 3AND 4, KING COUNTY SHORT PLAT SP176032(R), AS RECORDED UNDER KING COUNTY RECORDING NUMBER 7708180959, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE N88-59'58"W, ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 31.00 FEET; THENCE S59007'18"E, 76.00 FEET;THENCE S01009'36"W, 40.14 FEET; THENCE S88059'58"E 15.00 FEET; THENCE N01009'36"E 78.00 FEET TO THE NORTH LINE OF SAID LOT 4; THENCE N88°59'58"W, ALONG SAID NORTH LINE, 50.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF SAID LOTS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S88059'58"E, ALONG THE NORTH LINE THEREOF, 101.73 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE CONTINUING S88059'58"E, ALONG SAID NORTH LINE, 10.00 FEET; THENCE S59"07'18"E 156.58 FEET; THENCE N88059'58"W 65.72 FEET; THENCE N01°09'36"E 23.00 FEET; THENCE N51050'34"W 8.28 FEET; THENCE N88059'58"W 175.39 FEET TO THE WEST LINE OF SAID LOT 1; THENCE N01"09'36"E, ALONG SAID WEST LINE, 25.00 FEET;THENCE S88059'58"E 101.73 FEET; THENCE N01"09'36"E 25.00 FEET TO THE TRUE POINT OF BEGINNING. QSIS e® CONTAINING 8815 SQUARE FEET OR 0.2024 ACRES. ((rr A • VV gOP ss . •i••�Q,�,"J, �ese�O,VAL LOD�00a a gp Fxr�es//Z d EXHIBIT C t.r• Y, ..• r .� a Pal t A .• •� mow` P lam•a F ma�yyy', e l frr 6 EXHIBIT D STEVEN AND JAN I I JANIBAGIAN I 33 I BLOWN DOWN TREE TRUNKS AND f DEBRIS AREA f C/) WIRE FENCE / i EXISTING i CHAIN LINK f FENCE i MULTIPLE UPRIGHT TREE ROOT AREA A �X�� � �•��XI E EXTRUED • N © tt c CONCRETE CURB y X 1 EXISTING Y, DECIDUOUS TREE I .D� �� BROKEN ASPHALT RAVI CONCRETE CURB FELL INTO 4't DEEP HOLE 1 I PARKING STALL(TYP.) X EXISTING ASPHALT MERIDIAN VALLEY DRIVEWAY PROPERTIES I LOT 1 � .r�� 149 MM co I P EXISTING CONIFEROUS TREE / I DATE: CITY OF KENT 5 25 2004 PARKING LOT ENGINEERING DEPARTMENT KKENT SCALE: DAMAGE -,0 EXHIBIT D