HomeMy WebLinkAbout522RESOLUTION NO. ~;?~
\-JHEREAS , the Mayor and the City Clerk of
the City of Kent, a municipal corporation of the State of
Washington, did, after careful study and negotiation, execute
a Settlement Agreement 1n the City's condemnation action
against certain leasehold property interests of BERT WYN-
GAARDEN and SHIRLEY WYNGAARDEN, his wife, (in King County
Superior Court, bearing Cause No. 622623); and
WHEREAS, the City Council of the City of Kent, after
due and deliberate study of said Settlement Agreement, finds
it to be proper and in the best interests of the Citizens of
the City of Kent,
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Kent in a regular meeting assembled, that the
actions of the Mayor and City Clerk in executing
said Settlement Agreement are hereby ratified and approved,
and be it further
RESOLVED that the City of Kent will observe and enforce
the mutual promises and covenants set forth in said Settlement
Agreement dated July .2 a , 1964, a true, executed copy of
which 1s attached hereto, denominated Exhibit "A" and the
terms of which are hereby incorporated herein by reference.
PASSED BY THE CITY COUNCIL TijiS 20th day of July, 1964.
Attest:
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SETTLEHENT AGREEMENT
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vlHEREAS, THE CITY OF KENT, WASHINGTON, a municipal cor-
poration of the third class of the State of Washington (herein-
after called "The City"), did, on the 12th day of June, 1964,
commence an action to condemn, for a public object and use,
under King County.Superior Court Cause No. 622623, that cer-
tain leasehold property interest of BERT HYNGAARDEN and
SHIRLEY WYNGMRDEN, his wife, (hereinafter called "the Hyn-
gaardens"), relating to certain real property located in the
City of Kent, County of King, State of TtJashington (and fully
described in said action as aforesaid), and
hTHEREAS, said parties, through their attorneys, have
now negotiated a settlement in said action which all of said
parties find mutually satisfactory,.n:ow, therefore, the City,
for $1.00 and other valuable considerations as set forth
herein' promises the vlyngaardens as follows:
1. To pay the Wyngaardens the cash sum
on July 21, 1964 as full and final settlement of all damage
claims said Wyngaardens ·now have or will hereafter incur as
a result of said condemnation action as set forth in the pre-
amble of this Settlement Agreement; and
2. To permit the Hyngaardens to continue to use said
real property as a dairy farm until midnight, September 1, 1964;
and
3. To pe:rimi t the vJyngaardens, on or before midnight
September 1, 1964, to remove, with as little damage as possible,
the complete pipeline milking equipment (but not the installed
agitator in manure tank~ located on said real -property,
ANv BA~N t·JA:ot'"""., FAc ' ... , r ,c-.s
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EXHIBIT "A"
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AND, the Wyngaardens, for $1.00 and other valuable·
considerations as set forth herein, promise the City as follows:
1. To indemnify and hold harmless the City for any
and all damages presently incurred or incurred in the future
by the \.Jyngaardens to their leasehold property interest or the
operation of their dairy farm or any other damages that they
might claim against the City as a result of said condemnation
action; and
2. Upon the execution of this Settlement Agreement
by the City 1 s officials and the Vlyngaardens, to immediately
permit said City and its agents to make such use of said real
property and personal property interests as said City deems
necessary, without any ob~truction or interference by the
lvyngaardens whatsoever; and
3. On or before midnight, September 1, 1964-, to abandon
said real property with as little damage thereto as is reason-
able and prudent under the ~ircumstances,
AND IT IS FURTHER MUTUALLY PROHISED BY THE PARTIES
HERETO AS FOLLOWS:
l. That the vJyngaardens understand that to be legally
binding, this Settlement Agreement must be ratified by Resolu-
tion of a majority of .all the members of the Kent City Council
at its regular meeting at 8:00 o'clock P.M., Monday, July 20,
1964-; and
2. That the vJyngaardens v1ill be obligated to pay to
the City their rent on said real property up to the date of
the execution of this Settlement Agreement, but will have no
further rental obligations to the City for said real property
thereafter; and
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3. That if, after midnight, September 1, 1964, the
Hyngaardens fail to abandon the use of said real property,
they will be liable to the City in the amount of $25.00 for
every day or part thereof as liquidated damages to the City;
and further, that ~n such event, the City will also have
available to it such other further legal and equitable reme-
dies to terminate any such extended use by the ~vyngaardens.
EXECUTED this. Q14 day of July, 1964.
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BERT tNHG~
1 -' 1A City of Kent
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"--.. CITY CLERK j
STATE OF vJASHINGTON )
ss.
COUNTY OF KING )
On this· ;2..-f:A day of July, 19 6 4, personally appeared
before me BERT WYNG RDEN and SHIRLEY h!YNGP..ARDEN, his wife, and
ALEX THORNTON and CH1~.RLES BRIDGES , City Clerk,
known to me to be the ~nd~vmduals described ~n and who executed
the within and foregoing instrument and acknowledged that they
signed the same as their free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN UNDER HY HAND Ai'i!D OFFICIAL SEAL the day and year
in this certificate above written.
Notary Publ~c ~n and for the State
ot;::\.fashington, residing at Seattle
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