HomeMy WebLinkAboutPW09-035 - Original - Leavitt-Wolff NW Properties - Settlement Agreement re: S 231st Way/S 228th St Improvement Project - 01/30/2009 ecords M,qoag- m e-
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Was„,„GTON Document
CONTRACT COVER SHEET
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 Clerk's Office.
Vendor Name: Leavitt-Wolff NW Properties
Vendor Number:
JD Edwards Number
Contract Number: JOIJD9- 03.r
This is assigned by City Clerk's Office
Project Name: S. 231st Way/S. 228th St. Improvement Project
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 1/30/09 Termination Date: .Thdt°Fn,�e_
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Chad Bieren Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
The attached settlement agreement Is for the Pacific_Propeller property which the City
acquired right of way from for the S. 231st Way/S. 228th St. Improvement Project.
S•Public\RecordsManagement\Forms\Contractcover\adcc7832 1 11/08
City of Kent v. Leavitt-Wolff NW Properties
King County Cause No. 07-2-14580-0 KNT
Settlement Agreement
RECITALS
A. The City of Kent (the "City") acquired right of way from Leavitt-Wolff
Northwest Properties, LLC ("Leavitt-Wolfr") for the City's South 231"Way/South
228t' Street Improvement Project (Ordinance No. 3798) (the "Project"). Leavitt-
Wolff s remaining real property is identified as King County tax parcel No.
1422049031 and is legally described on Exhibit A (the "Property") attached and
incorporated herein. The property currently includes a building and parking stalls
as depicted on Exhibit B attached and incorporated herein.
B. The City and Leavitt-Wolff attended a mediation meeting at Judicial Dispute
Resolution in Seattle, Washington on November 7, 2008. The purpose of the
mediation was to agree on issues related to potential parking impacts to Leavitt-
Wolfrs property, which is currently occupied by Pacific Propeller. Following a
discussion of the City's permitting process and city code provisions relative to
parking requirements, both parties have agreed to settle in full the eminent domain
action by agreeing to the following:
AGREEMENT
A. As of the date this agreement is fully executed and on a continuing basis
thereafter, the City shall not require Leavitt-Wolff or Its successors and assigns to
perform any modification to non-conforming landscaping or front yard setbacks that
resulted from the City's right of way acquislNon for the Project In any of the
following scenarios:
1. Repairing, remodeling, or reconfiguring the existing building in a
manner that does not require State Environmental Policy Act ("SEPA")
review;
City of Kent v.Leavitt-Wolff Page 1 of 4 Awism y,2W9
2. Changing of tenancy or changing use of the existing building provided
that if such changes require additional parking stalls pursuant to City
code those additional parking stalls can be constructed, per City code,
on the Property, and do not Increase the total number of parking stalls
by more than fifty percent (50%) over the existing 95 stalls; or
3. Expanding the existing building to a size that does not require SEPA
review - building cannot be expanded southward towards S. 228'
Street.
B. Further, as of the same date and on a continuing basis thereafter, if Leavitt-
Wolff or its successors or assigns wish to undertake items 1, 2 or 3 above, the City
will not deny a permit because of non-conforming front-yard landscaping or front-
yard setbacks if the nonconformity was caused by the City's right-of-way taking for
the Project.
C. Additionally, the City agrees to reimburse Leavitt-Wolff for its actual costs for
legal and professional services incurred in resolving this matter and to provide the
City with the Deed Release, in the amount of $16,604.20.
Suzette Cooke
Kent City Mayor
By:
Cooke, Mfor
gthis 3o day of January, 2009
LEAVM OLFF N.W ROPER ttoI , LLC
BY: G7
Leavitt-Wolff NW Properties, LLC
Dated this day of January, 2009
City of Kent v.tarA t Wolff page 2 of 4 January,2009
Exhibit "A"
Revised Parcel A, City of Kent Lot Une Adjustment No. LL-90-34, according to
the Lot Line Adjustment recorded under King County Recording No.
9010221144, being a portion of Government Lot 5, in the northwest quarter of
Section 14, Township 22 North, Range 4 East, W.M., in King County,
Washington;
EXCEPT that portion thereof conveyed to the City of Kent by deed recorded
under King County Recording Number 20081125001427 for the widening of S.
228th Street.
City of Kent v. Leavitt-Wolff Pate 3 of 4 January, 2009
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REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator OGd Phone (Oi iginator)
Date Sent / �)7109 Date Required tlsolaf
Return Signed Document to. C , Ad CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL —
Brief Explanation of Document- .�i,
S�e�lc.•,�...� /�j,-�a,f -�� �le -��a! �,��� off' �,;yl�b��..y o., �.� aaef�, 5���
All Contracts Must Be Routed Through the Law Department OEIVEE'
(This Area to be Completed 6v the Law Department)
Received:
Approval of Law Dept . Qg ✓(� / � City of Kent
\, Office of the Mayor
Law Dept._Comments..
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Date Foiwarded to Mayor L�
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
Disposition:
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CITr'CIE�K
Date Returned:
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