HomeMy WebLinkAboutCAG2021-180 - Original - Roger Pfluger & Kelly Jacobs-Pfluger - Summit-Landsburg Culvert Replacement Project Settlement Agreement - 04/05/2021Agreement Routing Form
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Contract Number:
adccW22373_6_19
April 5, 2021
CAG2021-180
Original
Pflugers Settlement Agreement - Page 1 of 4
SETTLEMENT AGREEMENT
Summit-Landsburg Road Culvert Replacement Project
City of Kent Project Number: 13-3007.5
Owner: Roger Pfluger and Kelley Jacobs-Pfluger
King County Tax Parcel Number: 262206-9021
Address: 24610 SE Summit-Landsburg Rd, Ravensdale, WA
This Settlement Agreement (“Settlement Agreement”) is entered into this 5th day
of April, 2021, by and between the City of Kent, a Washington municipal
corporation (“City”) and Roger Pfluger and Kelley Jacobs-Pfluger (collectively “the
Pflugers”).
Background
A.The Pflugers own real property located at 24610 SE Summit-Landsburg Rd.,
Ravensdale WA 98051 (the “Property”).
B.To accommodate the City’s Summit-Landsburg Road Culvert Replacement
Project (“Project”), the City must acquire from the Pflugers the following
property and/or property rights:
A permanent easement over a 2,095 square foot portion of the Property,
as legally described in the attached Exhibit A and depicted in the
attached Exhibit B (the “Easement” or “Easement Area”).
C.Construction of the Project requires that a portion of the Pflugers’ fence located
within the Easement be removed for the duration of the Project. The City has
agreed to compensate the Pflugers to reinstall the portion of the fence affected
by construction of the Project.
D.The Property is serviced by a private well located near the Easement Area (the
“Well”). The City agrees to take the appropriate measures to protect the Well
during construction of the Project.
E.The Pflugers have consulted with an attorney and have incurred fees for her
legal services, for which they would like to be compensated.
Now, therefore, the parties agree as follows:
Pflugers Settlement Agreement - Page 2 of 4
Agreement
1.Settlement of Claims. The parties agree on the following as full and final
settlement of all claims for just compensation related to the City’s Project,
including but not limited to the value of the easement; severance damage
claims; compensation for removal of a portion of a fence to accommodate
Project and its replacement after construction is complete; and compensation
for the Pflugers’ attorney’s services.
2.Preparation and Execution of the Easement.
2.1 The Pflugers will execute the necessary documents to grant to the City
the Easement over a 2,095 square foot portion of the Property as shown and
depicted in Exhibits A and B.
2.2 The Pflugers will execute the Easement document, attached as Exhibit
C, within 5 business days of execution by both parties of this Settlement
Agreement.
3.Payment.
3.1 The City will pay the Pflugers the amount of $2,645.00 (two thousand
and ninety-five dollars) as full compensation for the Easement.
3.2 The City will pay the Pflugers the amount of $1,500.00 (one thousand
five hundred dollars) as full compensation for the reinstallation of the
fence after construction of the Project is complete.
3.3 The City will pay the Pflugers the amount of $750.00 (seven hundred
and fifty dollars) as set forth in RCW 8.25.020 for the fees they incurred
to evaluate the City’s offer to acquire the easement.
3.4 The City will make all of the payments set forth in this Section 3 no later
than 20 business days after the Effective Date of this Agreement. To
facilitate this payment, the Pflugers will deliver to the City, no later than
5 days after the Effective Date of this Settlement Agreement, a
completed Vendor Set-up Form in the form attached as Exhibit D.
4.The Well.
4.1 The City agrees at its sole expense to complete testing of the Well prior
to construction of the Project to establish baseline readings of water levels and
water quality. The City will establish the monitoring and testing parameters.
Pflugers Settlement Agreement - Page 3 of 4
These parameters may include coliform presence/absence, microscopic
particulate analysis (MPA), volatile organic compounds (VOCs), and inorganic
compounds including pH, turbidity, nitrate/nitrite, and selected metals. The
City agrees to share the results of this pre-construction testing with the
Pflugers upon request.
4.2 The City will install a pressure transducer/data logger programmed to
measure and record groundwater levels within the Well on a regular interval
before and during construction. The duration of the monitoring period will be
determined in consultation with the Pflugers. After construction, the City will
re-sample the Well for the selected water quality parameters for comparison
with baseline water quality.
4.3 If the Well is damaged in the course of construction of the Project, the
City agrees, at its sole cost and expense, to make any necessary repairs to the
Well or if necessary, to replace the Well and to pay all associated permit fees
and administrative costs required by Public Health Seattle-King County
(“PHSKC” or “the Health Department”) or other regulatory agency.
4.4 The Pflugers agree to allow the City and its representatives access to
the Property and the Well to complete the pre-construction testing, monitoring
during construction, post-construction sampling, and to repair or replace the
Well, if necessary. The Pflugers also agree to allow the City access to a
sampling port, such as an outdoor spigot, for the purpose of collecting water
quality samples. This Section 4 will be deemed sufficient to convey to the City
any and all rights necessary for the City and its representatives to enter the
Property pursuant to the terms of this Agreement to perform the activities
specified within this Section 4. The City will provide advance notice to the
Pflugers before entering the Property for any of these specified activities.
5.Successors and Assigns. This Settlement Agreement shall bind and inure to
the benefit of the parties and their respective successors and assigns.
6.Amendments. This Settlement Agreement may only be amended in writing,
signed by all parties.
7.Severability. If any term, covenant, condition or provision contained in this
Settlement Agreement is determined to be invalid, voided or otherwise
unenforceable, by any court of competent jurisdiction, such determination shall
in no way affect the validity or enforceability of any other term, covenant,
condition, or provision contained in this Settlement Agreement.
Dana Ralph
Mayor
04/05/2021
EXHIBIT
PORTION OF TAX LOT: 2622069021
ACCESS EASEMENT
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M.,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER CORNER BETWEEN SECTIONS 26 AND 27 OF SAID
TOWNSHIP AND RANGE; THENCE, ALONG THE SOUTH LINE OF SAID NORTHWEST
QUARTER, S89013'09"E 561.98 FEET TO THE NORTHWESTERLY LINE OF COUNTY ROAD
AS DEEDED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER
3064615; THENCE, ALONG SAID NORTHWESTERLY LINE, N52°53'28"E 36.58 FEET TO
THE CENTERLINE OF ROCK CREEK, BEING THE POINT OF BEGINNING; THENCE
CONTINUING N52053'28"E 53.16 FEET; THENCE N37°06'32"W 46.92 FEET; THENCE
S60039'33"W 35.39 FEET TO THE CENTERLINE OF ROCK CREEK; THENCE, ALONG A
SOUTHERLY COURSE DOWN SAID CENTERLINE OF ROCK CREEK TO THE POINT OF
BEGINNING.
CONTAINING 2,095 SQUARE FEET, MORE OR LESS.
LEE
Project # 13-3007.5EXHIBITSCALE:DATE:07/09/20201"=50'ACCESS EASEMENTPORTION OF THE SW 1/4 OF THE NW 1/4OF SEC 26, TOWNSHIP 22 N,RANGE 6 E, W.M.DRAWN BY:TLMIMPORTANT:THIS IS NOT A SURVEY. IT ISFURNISHED AS A CONVENIENCETO LOCATE THE LANDINDICATED HEREON WITHREFERENCE TO STREETS ANDOTHER LAND. NO LIABILITY ISASSUMED BY REASON OFRELIANCE HEREON.CITY OF KENTLAND SURVEY SECTIONLine TableLine #L1L2Length36.58'53.16'DirectionN52°53'28"EN52°53'28"EL3 46.92' N37°06'32"WL4 35.39' S60°39'33"W
SUMM
I
T
-
LAND
SBURG
ROAD2,095 SQ. FTSOUTH LINE OF NW 1/4PARCEL
#
2
6
2
2
0
6
9
0
2
1POINT OFBEGINNINGWEST QUARTERCORNER 26l27S89°13'09"E 561.98'L3L4CENTERLINEROCK CREEKL
1
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2
Page 1 of 3
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Roger Pfluger and Kelley Jacobs-Pfluger
Grantee: City of Kent
Abbreviated Legal Description: Ptn. S ½ SW ¼ NW ¼ Sec. 26, Twp 22 N, R 6 E
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 262206-9021 STR: 26-22-6
Project Name: Summit-Landsburg Road Culvert Replacement/13-3007.5
EASEMENT
EASEMENT granted this ____ day of ________, 2020, by ROGER PFLUGER AND
KELLEY JACOBS-PFLUGER, husband and wife (“Grantor”), to CITY OF KENT, a
Washington municipal corporation. (“Grantee”).
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or
other valuable consideration, receipt of which is hereby acknowledged, grants to
Grantee, its successors and/or assigns, under threat of condemnation, a perpetual
easement for construction of a bridge, with necessary appurtenances, including use of
incidental areas immediately adjacent for the installation, operation, maintenance,
extending, construction, altering, reconstructing, inspection, and repair over, through,
under, across and upon the property situated in King County, Washington, specifically
described in Exhibit “A” and graphically depicted in Exhibit “B” (the “Easement
Area”). The Grantor agrees that this easement touches and concerns the land
described in Exhibit A, and that this easement shall run with the land.
Grantee shall have the right at times as may be necessary, without prior
institution of suit or proceeding at law, to enter the Easement Area and immediate
adjacent areas with the necessary equipment for the purposes of altering, installation,
operation, maintenance, extending, constructing, repair and reconstructing of the
EXHIBIT C
Page 2 of 3
bridge; provided that the alteration, installation, operation, maintenance, extension,
construction, repair and reconstruction of the bridge shall be accomplished in such a
manner that the private improvements existing within this Easement Area, including
incidental areas, 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 Grantee.
Grantor shall retain the right to use the surface of the Easement Area including
incidental areas so long as Grantor’s use does not interfere with the uses described
herein.
Grantor shall not change the surface grades, except as approved in advance by
Grantee, in any manner that would unreasonably interfere with ingress, egress and
access by Grantee or adversely affect the existing utility and/or the utility to be
installed therein. Grantee shall not unreasonably withhold its approval of surface
grade changes.
This Easement shall be a covenant running with the land forever and shall be
binding on the Grantor's successors, heirs, and assigns.
GRANTOR:
By:
Name: Roger Pfluger
Date:
By:
Name: Kelley Jacobs-Pfluger
Date:
(Notary acknowledgments on following page)
Page 3 of 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Roger Pfluger is the person
who appeared before me, and said person acknowledged that he signed this instrument
and acknowledged it to be his free and voluntary act for the uses and purposes
mentioned in the instrument.
Dated:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Kelley Jacobs-Pfluger is the
person who appeared before me, and said person acknowledged that (he/she) signed
this instrument and acknowledged it to be (his/her) free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
KENT Vendor Set-up Form
n NewVendor
E Reactivate Vendor
E Address Change
WasHtNêTôN To be filled out by Vendor ONLY Vendor Number
-
FINANCE
220 Fourth Avenue South. Kent,WA 98032-5895. Phone: (253) 856-5235. Fax: (253) 856-6200
Name, as it will appear on check (No ABBREVIAT!2NS) Doing Business As (lf different than name on check)
Payment Address Business Address
could
An incomplete form will create a delay in our payment(s) to you and your payment(s)
redto the IRS withholdi
Please fill out
City State Zip City State zip
Phone Number Accounts Receivable Contact
theVendor
E Corporation fl Government Agency D lndividual/Sole Proprietor E Non-Profit E Partnership
This business isCheck one:
n Minority Owned E Women Owned E gotn Minority and Women Owned
Willyou provide medicalservices to the City of Kent?
Will you provide legal services to the City of Kent?
Will you provide services other than medical or legal to the City of Kent?
Willyou provide parts, supplies or materials to the City of Kent?..........
Do you pay sales tax to the State of Washington?
fl Neither
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
if exem from Form 1099 and check I n reason below:Check here I
D1 Corporation, except there is no exemption for medical and healthcare payments
or payments for legal services
Tax Exempt Charity under 501(a), or IRA
The United States or any of its agencies or instrumentalities
A state, the District of Columbia, a possession of the United States, or any of their political subdivisions
A foreign government or any of its political subdivisions
Name (Owner of the Tax Payer ldentification Number (ElN or SSN) as name appears on IRS or Social Security
Administration Records) :
Social Security #:or FederalTlN
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be
issued to me) and,
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been
notified by the lnternal Revenue Service (lRS) that I am subject to backup withholding as a result of a failure to
all interest or dividends, or the IRS has notified me that I am no lon
tr2.
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tr4.
tr5.
Sign
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Date
to
Exhibit D