HomeMy WebLinkAboutCAG2021-501 - Other - American Wholesale Florists - Settlement Agreement with Statutory Warranty Deed Acknowledgment - 11/24/2021Agreement Routing Form
F.F.IIT For Approvals, Signatures and Records Management
ThiJ folm comblnes & reptaces the Requ.st for t[ayo/s Slgn.ture tnd Conttrct Cover Shcct formt.
(Print on pink or cherry colored paper)
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oLcc
Originator:Cheryl Rolcik-Wilcox Department:Public Works
Date Sent:LL/22/27 Date Required:LL/24/2L
Authorized
to Sign:
Director or Designee
Mayor
Date of
Council
Approval:
2/7/L7
Budget
Account
Number:
Grant?
Type:
Yes No
N/A
category:Selk\e,TY\€rnlVendor
Name:
American Wholesale Florists of Sea-Tac
Sub-Category OY\qirr'a-\Vendor
Number:
Project
Name:
S 228th Street UP Grade SeParation
Project
Details:
Settlement Agreement with Statutory Warranty Deed acknowledgment
Basisfor
Selection of
Contractor:
$852,956.50 totalAgreement
Amount:
Termination Date:Start Date:
CABr2r2-l-50\Contract Number:
t
.9IP|!
ELortssago
EooLol
Notice required prior to
disclosure?
r'NoYes
glc
fl5oE
l,loL
Ja
GE
EI
UI
=o
oc
Date Received by City Attorney:
ru22l2r
Cfttkvl-
Comments:
$349,600 was previously pd by City-$503,356.50
will be due 14 days after agreement signed.
Need the agreement signed and the Deed
acknowledged by Mayor
Date Routed to the Mayor"s Office:
Date Routed to the City Clerk's Office:
Date Sent to Origi nator:*bqlzsu ?,&'rv'nL +D cv
Visit Documents.KentWA.gov to obtain copies of all agreements
adccw22373-6-19
SETTLEMENT AGRtrEMI,NT
BETWEEN THE CITY OF KDNT AND
AMDIITCAN WTTOLESALtr FLORISTS OF SEATAC,INC.
REGARDING THE CITY'S T]PRR GRADN SNPARATION PROJECT
The City of l(ent, a Washington municipai colporation ("City"), and American
Wholesale Florists of Sea-Tac, Inc,, a Washington corpomtion ("American Wholesale"),
collectively "the Parties," hereby enter into this Settlernent Agteement Between The City of Kent
and American Wholesale Florists of Sea-Tac, Inc. Regarding The City's UPRR Grade
Separation Project (the "Agleement).
RECITALS
A. American Wholesale owns fee title to the realpropeffy conrlnonly known as7327
South 228(h Strcet, Kent, Washington, also known as King County Tax Parcel No. 132204-9339
(the "Plopeffy").
B. On March 8,2018, the Parties entercd into a Possession and Use Agteement
("p&U Agreement") r'egarding the Properfy and the public use of the Propet'ty required by the
dity'r for its 228th UPRR Grade Separation Ploject (the "Project"). Putsuant to the P&U
Agieement, the City paid American Wholesale Three.Hundred Forty-Nine Thousand Six Hundred
Oillars ($349,600.b0) for ilnmediate possession and use of the interest in the Properfi needed for
the Cify's Project. Payment undel the P&U Agreement did not constitute final Just Cotnpensation.
C. The Parties have now reac.hed agreement on final Just Compensation under the
terms set fbrth herein.
NOW, THEREFORE, fol and in consideration of obligations and exchange of promises
set forth herein, the Pafties agree as follows:
L Citv PayJnent. The City shall pay American Wholesale Eigltt Hundred Fifty-Two
Thousand, Nine Hundred Filty-Six Dollars and Fifty/100 ($852,956.50) as total Jrtst
Compensation. Payment of $349,600.00 has previously been paid by the City. As such, the
remaining payment due to American Wholesate is $503,356,50, which will be paid within foutteen
(la) dayi of mutual acceptance of this Agreement by wire transfer purstlant to instt'uctiotts
provided by Arrrerican Wholesale.
2. Cqnveyanges. Undel the terrns of the P&U Agreement, the following conveyances
were to take place between the Parties:
a. The City was to convey to Arnerican Wholesale fee sirnple interest in 4,469 square feet
of real property abufting the southern boundary of the Property. This conveyance was
executed on dctober' 25,2019 and recorded under King County recording number
20191029000746.
SETTLEMENT AGREEMENT BETWEEN TI.[E
CITY OF KENT AND AMERICAN WHOLESALE
FI,ORISTS OF SEATAC, INC. - 1
b. American Wholesale was to convoy to the City 3,073 square feet of the Plopelty as
legally described and depicted in Exhibits A and B of the P&U Agreement as right-of-
way. This portion of tlre Ploperty is currently encumbered by a Deed of Trust, King
Counry Recording No. 20090527000203 and an Assignment of Rents, I(ing County
Recording No. 2009052 7 000204 (together "Enculn brances").
Simultaneous with the execution of this Agreement American Wholesale shall
(i) execute the deed for this conveyance to the City for recotding, the form of which
is in Attachment 1, incorporated herein; and
(ii) obtain executed partial r;eleases ofthe Encurnbrances fot the poltion of the Properfy
being conveYed in (i).
3. &qjqase. Except for the right to enflrrce the tenns of this Agteement, the City and
the American Wholesale hereby release and forever discharge each other (including such party's
past and present officers, officials, directors, shareholdels, agonts, consultants, employees, and
iu.c"rrori in interest) from all claims, demands, liabilities, and causes of action of any nature
relatecl in any way to the Cify's acquisition of properly interest and use of the Property for its
Prnject, whether the bases of such olairns, demands, liabilities, and/or causes of action ale currently
known or unknown and whether such claims, demands, liabilities, and/or causes of action have
accrued in the past or will first accrue in the future'
4, No Adrnissions. This Agleement does not constitute an adlnission of liability by
any of the Parties and may not be rcpresented or consfi'ued as such.
S. Authority, Each individual executing this Agleement on behalf of one of the Parties
warranfs that he or she is authorized to bind such Party to this Agreement and its terms.
6. Counteryarts. This Agreement may be executed in duplicate counterpalts, in which
case each executed counterpatt shall be deemed to be an original and all cotlntetpatts together shall
constitute one and the same instrument. Signed versions of this Agreetnent transmitted by ot'
electronic mail shall be the equivalent'of original signatures on original vet'sions.
7. Er:-tjtg" Agresment, This Agreement contains all of the agl'eenents of the Parties
with respect to any matt"r coverecl ot mentioned in this Agreement. No provision of this
Agreement may be amended or rnodified except by written agreement signed by the Parties.
8. Effective Datq. The effective date of this Agleement is the last date signed below'
//
//
SETTLEMENT ACREI]MENT BETWEEN THE
CITY OF KENT AND AMERICAN WHOLI]SALE
FLORISTS OF SEAI'AC, INC. - 2
AGREED TO BY:
City of Kent
a Washington municipal corporation
By:
Natne:
Title:
Date:
Mavor
11 l)4 ntl
Approved as fo form
uJt-
Christina M. Schuck
Assistant City Attorney
American Wholesale of Sea-Tacr Inc.,
By:
Name:
Title:
Date:
t-fr)
tz/nlz*t
SB'T'TLEMENT AGREEMENT BETWEEN THE
C]TY OF KENT AND AMERICAN WFIOLESALE
FLORISTS OF'SEATAC,INC. - 3
NOTARY ACKNOWLEDGMENT
srATE OF WASHINGTON )
) ss.
cor.rNTY OF KING )
I certiff that I know or have satisfactory evidence that hno,
authorized representative of the City of Kent, signed this instrument
@t''.was aufhorized to execute the instrutnent and acknowledged it to be the flee and voluntarY
act ofsuoh party for the uses and put'poses mentioned in the instrument,
Dated this 19\ov "r .2021,
Printed N
Notary Public in and for
My commission expiles
Washington
SEN'LEMENT AGREEMENT BDTWEEN THE
CITY OF KENT AND AMERICAN WF{OLESALE
FLORIS'LS OF SEA'TAC, INC. - 4
all
on oath, stated that
NOTARY ACKNOWLEDGMENT
STATE OF
,1 :!i f)il'rliii"lr)
couNTY Or''i.ie,,:r.ij ii )
I certify that I know or have satisfactory evidence that an
authorized representative of American Wholesale Florists of Sea-Tac, Inc. signed this
instrument and, on oath, stated that she/he was authorized to execute the instrument and
acknowledged it as the fi'ee and voltlntary act ofsuch party for the uses and purposes tnentioned
in the instrument,
t .r\. '! l^
Dated this lj '"day of
)
)SS
\i .zozl
(sEAL)
Printed Name
Notary Public ln and for tho State of
My commission expires
NOTARV PUBLIC
STATE CtF CQLC']IAPC,
NOTARY ID.2O2
3t;vcit
SETTLEMENT AGI{EEMENT B ETWEEN THE
CITY OF KENT AND AMERICAN WHOLESALE
FLORISTS OF SEATAC,INC. - 5
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor
\A/hnlecele FlnriqFs Qpatfle Inc a hinnfnn co nAmerican
Abbreviated.Legal Descriptlon: -. Ptn. Lot B'--Kqnt SP SPC-89-4-, Betawest SP,
Ren- #891 '1)71777
Additional Legal DescriPtion on . trwhihif
Assessor's Tax Parcel ID No.: L3Z2O! 9339 STR: 13-22-4*. .
Project Nam e: S. 228th Street UP Grade Senaration l07-3 /pw2015-012
WARRANTY DEED
THE GRANTOR, American Wholesale Florists of Sea-Tac, Inc" which
acquired title as American Wholesale Florists of Seattle, Inc., a Washington
corporation, for and in consideration of Ten Dollars and No/100 ($10'00) and/or
other valuabie consideration in hand paid, under threat of condemnation, conveys
and warrants to the city of Kent, a washington municipal corporation
("Grantee"), for right-of-way purposes, all its interest, including any after acquired
iitle, in the real pioperty described and depicted in the attached and incorporated
Exhibits A and d, siiuated in King County, Washington, and subject to the conditions
listed on Rainier Title LLC, Titie Report File #7B906BRT; Schedule B Part II'
Paragraphs 12-22, as set forth in Exhibit C, attached and incorporated.
(Signatures on following Page)
WARRANTY DEED - Page 1 of 2
GRANTOR:
Name
Title:
Date
L -i\:F
's I f l\ /?t
NOTARY ACKNOWLEDGMENT
STATE OF
.ft I
'.i;Itr{t1 --.tli r )
) ss.
COUNTY OF
I certify that I know or have satisfactory evidence that i-.i;i i.'r (.,',r .-Pf-)
......--.r an authorized reP resentative of American Wholesale Florists of Sea-
Tac,Inc. signed this instrument and,on oath, stated that she/he was authorized to
execute the instrument and acknowled ged it as the free and voluntary act of such
party for the uses and purposes mentioned in the instrument,
Dated this lt day of 2021
\i
(sEAL)
ACCEPTED:
CIW OF KENT
Printed Name
Notary Public in and for
My commission exPires
-'t ;)
e State of
By Dana Ralnh
Title:Mavor
Date 1D4l)O).1I
CHRIgTOPXER SIC\'ED
NOTARV PUBTIC
STATE OF COL('RADO
NOTARY ID
WARRANTY DEED - Page2of 2
EXHIBIT A
TAX LOT 132204933s
THE NORTH 8.OO FEET OF LOT B, CITY OF KENT SHORT PLAT NUMBER SPC'89'4'
eeinwesr sHoRT PLAT, As REcoRDED UNDER REcoRDtNG NUMBER 89f 1271377, lN
THE NORTHWEST QUARTEN OT SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST'
W.M., KING COUNTY, WASHINGTON.
CONTAINING 3.,073 SOUARE FEET, MORE OR LESS.
rJ!19
e/2 2/-zot
EXHIBIT B
l-
s 228TH ST
NORTHWE$T GORNER
LOT B t-
I
3,073 SQ. FT
I
t
PARCEL
# 1322049339
"'s{
."$:::1:{
NPARCEL
# 1322049229
(LOr A)ffiIMPORTANT;
THIS IS NOT A SURVEY, IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE
LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND.Projsct # A7-3o22
NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON.
LOCATED IN THE SE 1/4 OF THE NW
1/4 OF SEC 13, TOWNSHIP 22 N,
RANGE 4 E, W.M.
-a
CITY OF KENT
LAND SURVEY SECTION
SOUTH 2aBTHSTREET
EASEMENT
DRAWNBY: GM EXHIBIT
BSGALE| 1"=75'
DATE: 10l1Sl202'l
12. Reservalion of all coal and ntinerals:
EXHIBIT C
Gotnpany
distdbution line(s)
Recordecl:
Recording No.:
December 20, l9go
612oAgg ond 6 120391
13-
14.
15.
16-
17
The company mokes no fepfesentation as lo the present ownetship of any such intere3ts. There
may be leasei, grants, exciptions or reservations of interests that are not listed.
Easement and the lefms and condilions lhereof;
Granlee: Municipality of Metrop('litan Seattle' its successors and assigns
Purpose: Sewer inlercePtor
Area affected: North 10 feet of soid premises
Recorded: February 10, 1975
Recording No.: 7502100398
All cov€nants, conditions, restrictions, reservntions, ensemcnts or other serviludes, if any, but
omitting restriltions, if any, based upon mce, color, creed or national origin, disclosed by the short
plat reicrded under Recording No. 8312280552-
Agreement to ioin and panicipate ln the formation of an improvernent district tor lhe conslruction
of-permanenl |tOrnt drainage services, and not lO oppose or protest assessments therefore
Recorded: December29,1983
Recording No.: 8312290168
Agreement to joln and participate in lhe forrnalion of an intPaovernent district for lhe construction
of'permanent drainage chonnel imptovements, and nol to opFose or pfotest assessmenls
therefore:Recorded: Decernber2g, l€183
Recording No.: 831229015
Agreament to join anrl participate in the formalion ol an improver$ent disttict or rood improvenrdnt
pioject, and n;t to oppos€ or proleBt aEses$ments thereford.
Recordecl: December29, lg83
Recordlng No.: 8312290160
18.
22. Easement and lhe term$
Grantee:
Putpose:
Area aftected:
Recorded:
Recording No.:
Easement and the terms and condilions thereof:
Grantee: PugetSound Po$ier& Lighl
Purpose: Eleclric tmnsmission andlor
Ar€a affected: a portion of said premises
Recorded: December 14,1984
Recording No.: 841214Q0.23
't9_
20. Easernent and lhe terfi$ and condilions thereof:
Grantee: city of Kenl, a municipalcorporation
Purpose: Watedine rvilh nece$sory tppurlenances
Area affected: a portlon ot said prenllses
Recorded: MaY 23,2000
Recording No-: 200005210q14?E
21. Environmenlal Miligalion Agreement and lhe telm$ and conditions theteof;
RecordetJ: June 7,2000
Recor<ling No.: 20000007001278 and 200000q7q01278
All covenanis, conditions, restriCliOns, reservalions, easements ot olher servitudes, if any, but'
omitiing restrlitions, if any, based up6n race, color, cteed or nalional origin, disclosed by the short
plat recirded under Recording No. 89 l 127-l 977.
ond conditionB thereof:
Cily of Kent, a municipal corporation
Utilities
North 60 feel of said Ptemises
May 27,2011
20.1 1 0s27000344
WHEN RECORDED RETURN TO
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Granto Amariaa ^ rAll.nl^arla Elnriclc nf ar I na rrrlrirh rrnt , i rarl *i$la e c
American Wholesale Florists f Seattle- Inc,. a W ashinoton corDo
f ifrr 11anl.Grantee
Abbreviated Legal Description: Ptn. Lot B. KCnt $P SPQ-89-4, Betalvegt 5P"
Rec. #1 1771477
Additional Legal DescriPtion on t "At: EXh
Assessor's Tax Parcel ID No.:13 04-9339 STR: 13-2-4
Project Name: S. 228th Street UP Gra.de S.eparation/07-3022/Pw2015.-012
WARRANTY DEED
THE GRANTOR, American Wholesale Florists of Sea-Tac' Inc', which
acquired title as American Wholesale Florists of Seattle, Inc,, a Washington
corporation, for and in consideration of Ten Dollars and No/100 ($10'00) and/or
oth6r valuable consideration in hand paid, under threat of condemnation, conveys
and warrants to the clty of Kent, a washington municipal corporation
(-'Grantee"), for right-of-wiy purposes, all its interest, including any after acquired
iige, in the real pioperty described and depicted in the attached and incorporated
fxnibits A and d, siiuated in King County, Washington, and subject to the conditions
tisted on Rainier Title LLC, Title Report File #7B906BRT; Schedule B Part II.
Paragraphs t2-22, as set forth in Exhibit C, attached and incorporated'
(Signatures on following Page)
WARRANTY DEED - Page 1 of 2
GRANTOR:
Na me
Title rfit
Date:i r /r{i
NOTARY ACKNOWLEDGMENT
STATE OF
COUNTY OF
I certify that I know or have satisfactory evidence that l-t-:-i\,1.> , ('.r-l'#i)
_'an authorized representative of American Wholesale Florists of Sea-
ilac, lnc. signed this instrument and, on oath, stated_that she/he was authorized to
execute the instrument and acknowledged it as the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
' .-'- L'
Dated this . lL{ .' ''day of 202I.
(sEAL)
Printed Name:
)
)SS
-' (-/.i 1s--
Notary Public in and for
My commission exPires
the State of
ACCEPTED:
CIW OF KENT
Title:.. Maypr .. .... . . --. , ...
Date: 11 7.1
By
ilorAnv fulrrc
STA"E OF COT(,NADO
ITCV;ll
NOTARY ID
WARRANTY DEED - Page2 of 2
EXHIBlT A
TAX LOT 132204s339
THE NORTH 8.OO FEET OF LOT B, CITY OF KENT SHORT PLAT NUMBER SPC'89'4'
eEinwesr sHoRT pLAT, AS REooRDED UNDER REcoRDlNc NUMBER 8911271377, lN
THE NoRTHWEsT ounnien oF sEcTloN 13, ToWNSHIP 22 NoRTH, RANGE 4 EAST'
W,M., KING COUNTY, WASHINGTON,
CONTAINING'3,073 SOUARE FEET, MORE OR LESS.
2/tt futr
EXHIBIT B
$ 228TH ST
CORNER
LOT B r--
.00'
3,073 SQ. FT
PARCEL
# 1322049339
"s
.{:}:1':{
\tPARCEL
# 1322049229
(LOr A)ffiIMPORTANT:
THISIsNoTASURVEY.ITISFURNISHEDASACoNVENIENCEToLocATETHE
LAND INDICATED HEREON WTH REFERENCE TO STREETS AND OTHER LAND.
t
Prolect # 07-3022
NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON.
LOCATED IN THE SE 1/4 OF THE NW
1/4 OF SEC 13, TOWNSHIP 22 N,
RANGE 4 E, W.M,
G
wlrslrctol
CITY OF KENT
LAND SURVEY SECTION
SOUTH 228TH STREET
EASEMENT
DRAWNBY: GM EXHIBIT
B
SCALE:1"=75'
DATE: 1011912021
EXHIBIT C
12. Reser..ration o{ all coirl arrd nrinerals:
Recorded: December20. l$06
Recording No.: 9120390 and 6120-39J,
The Cotrlpany makes no represetrtaiion atg to the present ownelghip of any tuch interesls- There
may be leas?3, grail$, exceFtions or re$eNations of il\terPsts thflt 8re rrot listed'
13. Easemenl and lhe ternls and colrditions thereof:
Grantee: Municipality of lvlelropolitan Sealtle, ils st,ccesgors and aSsigns
Purpose: Selver illlerceptor
Area affectecl: Nonh 10 feet of said prelnige3
Recorclecl: Febrtrary 10, 19f5
R€cordil1g No.: 750e100398
14. All covetlanls, condilions, reslrictions, reservdlions, ensenrent6 orolherservitudes, ifany, but
omitting reslrislions, ilany, haged upoll race, colot, creed or national origin,disclosed by the short
plat reCorded under Recording No. 8312280552.
15. AgreerTlent to join atrd parlicipate in tfid forn]atiorl of atr itttprovetnent digtrict for the. corlslrtlctiDlr
of-pennanent itonn clroinage service$, and ndt to oppose or protest asseeslnentll thereforB.
Rscorded: Fece[]ber2g,1983
Recorclitlg No.:. 8312290158
lO. Agreement t(| j('an an(, porticiFate in ths fornlalior'l ot ar1 inFrovenrenl clislrict for the coltSlnlttioll
oipermanent dr;1infige chan,.'el improvsmenls, and n(rl to crppose ol pt$test a$ses$n]ent5
there{ore.Recorded: DggBrn$g1l$, 1983
Recording No.: 931229P1q9
17 . Agreement to join alrcl participale in the forBlalioll ol an improvenrent district or road inlprovenlent
proiect, and not lo oppgsE or pfoles! asseEsments therefore.
Rec(rtdEd: Oecenrbet 2ft, 1€183
Recorditrg No.: 93 12290100
18. Easement and the ternrs ilnd colldilions thereilf:
Grantee: Pttget Sotrnd Power & Light Company
Purpose: Eleclric tralrsrrlission and/or distribuliol') line(s)
Area atfecled: a portion of said prernises
Rec{'rded: ltecernber 14, 1It84
Rectrnling No.: 8412140623
19. All Covetrants, conditiong, rest.ictions, reservatiorls, eaiement$ or olher servitudes, it 8ny, but
omltfing reskictions, il any, based upon ru_ce, color, creed or national origin, disclosed by the short
plat redcrrdecl urlder Recording No. 891 127137/.
2D. EaspmeRt and lhe terms and condilions th*re('f:
Ornntee: City of Kent, a munlcipal corpolalion
Purpoge: Waterliflewith necessary appurtenances
Area affected: a porlion of $aid prenises
Recorded: MaY 23, 2000
Recording No-: 20000523001425
21. Environmental Miligation Agreetrenl and lhe te.il$ and condilions ihereof:
Recrrr<lerJ: Jtrne 7, 2000
RecordingNo.: 200006p.20012704Rr120000607001279
22. Easement and the lerms and conditiolls thereof:
Grarrtee: City of Kent, a nrttnicipal corporatiotr
Ptrrpose: Utilities
Area afferled: Noflh 60 feet ot said Fremises
Recorded: lulaY 27,2411
Recortlitts No.: 201105J2q0qE14.
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