HomeMy WebLinkAboutCAG2024-151 - Original - Jingna Property, LLC. - Mill Creek Reestablishment Project - 03/25/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Cheryl Rolcik-Wilcox Public Works
Date Sent: Date Required:
c 03/19/2024 3/25/2024
QAuthorized to Sign: Date of Council Approval:
Q �✓ Mayor or Designee
Budget Account Number: Grant? Yes NoF—]
Budget? Yes AS, Type N/A
Vendor Name: Category:
Jingna Property LLC Other
Vendor Number: Sub-Category:
Other
0
Project Name: Mill Creek Reestablishment Project
cProject Details: Possession and Use Agreement for a temporary easement and
permanent stream channel and access easement.
40
c
(11.111 Agreement $62,260
Basis for Selection of Contractor:
�
E *Memo to Mayor must be attached
i Start Date: Termination Date:
a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2024-151
Comments:
Mayor Ralph - Please sign the where indicated on the 4th and 12th pages of
this packet. Also, please note that in addition to the agreement amount,
c the City has agreed to reimburse up to $1,500 for appraisal costs and up to
IM *, $5,000 in attorneys fees. Thank you! N Cheryl R-W
in Z
3 W
40
Date Received:City Attorney: 3/19/24 Date Routed:Mayor's Office 3/21/24 City Clerk's Office 3/25/24
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
POSSESSION AND USE AGREEMENT
Mill Creek Reestablishment Project
City of Kent Project Number: 13-3002
Owner: Jingna Property LLC
King County Tax Parcel Number: 132204-9131
Address: 1008 Central Ave. N., Kent, WA
This Possession and Use Agreement ("Agreement") is between the City of Kent, a
Washington municipal corporation ("City") and Jingna Property LLC, a Washington
limited liability company ("Jingna").
Background
A. Jingna owns real property located at 1008 Central Ave. N. (the "Property").
B. To accommodate the City's Mill Creek Reestablishment Project ("Project"), the
City must acquire from Jingna the following property and/or property rights:
27,601 square feet of permanent stream channel and access easement,
as legally described and depicted within Attachment A to this
Agreement (the "Permanent Easement"), and a temporary easement
over a 6,496 square foot portion of the property, as legally described
and depicted within Attachment B to this Agreement (the "Temporary
Easement"). The Permanent Easement and Temporary Easement will be
collectively referred to as the "Acquisition Area."
C. Based on an appraisal obtained by the City, the City made an offer to Jingna
for $56,600 as just compensation. The City has increased this offer by 10%,
now offering $62,260 as total just compensation for the following property
rights:
i. $61,710.00 (fifty-six thousand one hundred dollars) as total just
compensation for the Permanent Easement; and
ii. $550.00 (five hundred dollars) as total just compensation for the
Temporary Easement; and
D. Jingna has requested more time to evaluate the City's offer and further
negotiate just compensation. This will include time for Jingna to obtain a review
appraisal.
The parties therefore agree as follows:
Jingna Possession and Use Agreement - Page 1 of 4
Agreement
1. Payment. The City shall issue payment to Jingna in the amount of $62,260
(sixty-two thousand two hundred and sixty dollars) (the "Possession
Payment"). To facilitate the Possession Payment, Jingna shall deliver to the
City a completed "Vendor Information Set-Up Form" in the form attached as
Attachment C. The City will send the Possession Payment to Jingna no later
than 14 days from receipt of the Vendor Information Set-Up Form.
2. Possession and Use. Jingna agrees that upon deposit of the Possession
Payment, the City shall have possession and use of the Acquisition Area. The
date upon which the City makes payment to Jingna and obtains possession
and use rights shall become the Possession Date.
3. Reimbursement.
3.1 Review Appraisal Reimbursement. The City agrees to reimburse
Jingna up to $1,500 (one thousand five hundred dollars) to obtain a review
appraisal of the City's appraisal, so long as the review appraiser is included on
the Washington State Department of Transportation list of approved review
appraisers located at this website:
https://fmdata.wsdot.wa.gov/ROWservices/approvedrowlist.php.
3.2 Attorney Fees Reimbursement. The City agrees to reimburse
Jingna up to $5,000 (five thousand dollars) for attorney fees paid by Jingna
related to the City's acquisition of the property rights at issue in this
Agreement. The attorney fees must be established by invoices supported by
sworn declaration.
3.3 Reimbursement Payments. The City will make any
reimbursement payments under this Section 3 to Jingna within 14 days from
receipt of invoices evidencing these expenses.
4. Condemnation Lawsuit.
4.1 If the parties are unable to reach a final settlement, the City shall
file a condemnation petition. The City agrees that it will not file a condemnation
petition any sooner than 90 days after the Possession Date.
4.2 Upon the City's filing of a condemnation petition in Superior
Court, Jingna agrees they will not object to the City entering an "Order
Adjudicating Public Use", as provided by Chapter 8.12 RCW, to be drafted and
filed by the City at the City's expense.
5. Access During Construction. The City will maintain ingress and egress to the
Property for Jingna during construction.
Jingna Possession and Use Agreement - Page 2 of 4
6. Construction Hours. Construction hours shall be Monday through Thursday
after 5:00 p.m. and all day Friday through Sunday.
7. Date of Valuation. The date of valuation for the determination of just
compensation shall be the effective date of this Agreement.
S. Successors aid Assigns. This Possession and Use Agreement shall bind and
inure to the benefit of the parties and their respective successors and assigns.
9. Amendments. This Possession and Use Agreement may only be amended in
writing, signed by all parties.
10.Severability. If any term, covenant, condition, or provision contained in this
Possession and Use 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 Possession and Use Agreement.
11.Execution in Counterparts. This Possession and Use Agreement may be
executed in counterparts and/or transmitted electronically, and copies so
executed or transmitted will be deemed originals.
12.Entire Agreement. This Possession and Use Agreement, together with all
exhibits constitutes the entire agreement between the parties with respect to
the subject matter of this Possession and Use Agreement. This Possession and
Use Agreement is specifically intended by the parties to supersede all prior
agreements whether written or oral.
13.Effective Date. The effective date of this Agreement is the last date signed
below.
CITY OF KENT JINGNA PROPERTY LLC
JBy: —.�. By
Title: Title:
Date: 03/21/2024 Date:,.
Jingna Possession and Use Agreement - Page 3 of 4
Attachment List
A - Permanent Easement
B - Temporary Easement
C - Vendor Set-Up Form
Jingna Possession and Use Agreement - Page 4 of 4
ATTACHMENT A
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Grantor: Jingna Property, LLC
Grantee: City of Kent
Abbreviated Legal Description: Ptn. NE 1/4 SE 1/4 13-22-4E
Additional Legal Description on Exhibit A to Document.
Assessor's Tax Parcel ID No. 132204-9131 STR: SE 13-22-4
Project Name: Mill Creek Reestablishment
Project Number: 13-3002 / PW2015-001
STREAM CHANNEL AND
ACCESS EASEMENT
THIS INSTRUMENT made this day of 2023, by
and between Jingna Property, LLC, a Washington Limited Liability Company
("Grantor"), and CITY OF KENT, a Washington municipal corporation of King
County, ("Grantee" or "City"):
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 the imminent threat of the Grantee's
exercise of its right of Eminent Domain, a perpetual, nonexclusive stream channel
and access easement under, over, through and across the property situated in King
County, Washington, specifically described in Exhibit "A" and graphically depicted
in Exhibit "'B", both of which are attached and incorporated herein (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.
Stream Channel and Access Easement Page 1
City shall have the right at all times, without prior institution of suit or
proceeding at law, to enter the Easement Area and access immediate adjacent
areas with the necessary equipment and personnel for the purpose of inspecting,
maintaining, improving, repairing, constructing, and reconstructing the stream
channel to control surface water, erosion, maintenance of slope stability, drainage
capacity, visual and auditory buffering, protection of water quality, plant ecology,
and aquatic and wildlife habitat. City shall provide at least 24 hours prior notice to
Grantor, except in the event of an emergency, and shall make best efforts to limit
its non-emergency access to the Easement Area to normal working hours, Monday
through Friday.
When exercising its rights under this easement, City will avoid damaging any
private improvements existing within or adjacent to the Easement Area and City will
restore private improvements damaged by Grantee's actions to as good condition
as they were immediately before the Easement Area was entered upon by the City.
The Grantor agrees not to interfere with City's rights under this easement.
Interference includes, but is not limited to any obstructions that would impede the
City's ingress and egress or access to the Easement Area or physically modifying
the Easement Area, preventing proper use of the stream channel.
GRANTOR:
Jingna Property, LLC, a Washington limited
liability company
By:
Title:
Date:
(Notary Acknowledgement on Next Page)
Stream Channel and Access Easement Page 2
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
'0 N�
I certify that I know or have satisfactory evidence that • C !__;) AC 4 0-od
is the person who appeared before me, and said erson J
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the rr )�) n C_C-S
of JINGNA PROPERTY, LLC to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated: ' S -
f �
-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.
A KHALED
Public
f Washington -• n�'
sion#1881,4 (Signature)
[:N:otary
pires Oct 24,2024 NOTARY PUBLIC, in and for 'he State
of Washington, residing at
My appointment expires 1&r 7 t 2L-�1-
Stream Channel and Access Easement Page 3
EXHIBIT A
TAX LOT 1322049131
EASEMENT
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY
OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION SUBDIVISION;
THENCE ALONG THE EAST LINE THEREOF, N01°32'42"E 392.34 FEET TO THE
POINT OF BEGINNING; THENCE N88136'30"W 39.38 FEET; THENCE
N26027'45"W 4.10 FEET; THENCE N84107'11"W 66.04 FEET; THENCE N67158'24"W
107.74 FEET; THENCE N57148'56"W 20.00 FEET; THENCE N55140'10"W 53.12
FEET; THENCE N86126'21"W 7.83 FEET; THENCE N01119'24"E 17.60 FEET;
THENCE N87043'43"W 11.98 FEET; THENCE N01154'43"E 10.75 FEET; THENCE
N87055'00"W 18.31 FEET; THENCE N53039'26"W 18.78 FEET; THENCE
S34008'52"W 52.39 FEET TO A POINT OF TANGENCY WITH A 40.00 FOOT RADIUS,
CIRCULAR CURVE TO THE LEFT; THENCE ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 122045'22", AN ARC DISTANCE OF 85.70 FEET; THENCE
S01023'30"W 20.00 FEET; THENCE N88036'30"W 295.08 FEET TO THE EASTERLY
MARGIN OF CENTRAL AVENUE NORTH; THENCE ALONG SAID EASTERLY MARGIN,
N34013'13"E 23.80 FEET; THENCE S88136'30"E 191.04 FEET; THENCE
N34008'52"E 208.11 FEET; THENCE N88045'47"W 9.14 FEET; THENCE S22159'12"E
64.96 FEET; THENCE S56045'19"E 108.37 FEET; THENCE S75026'18"E 98.56 FEET;
THENCE N77048'06"E 32.39 FEET; THENCE S8103459"E 41.41 FEET TO THE
AFOREMENTIONED EAST LINE OF SAID SECTION 13; THENCE ALONG SAID EAST
LINE, S01032'42"W 58.76 FEET TO THE POINT OF BEGINNING.
CONTAINING 27,601 SQUARE FEET, MORE OR LESS.
••...............
12/14/2023
TAX LOT 132200490095
/ J�• / / — — 9.14'
lv
AZ
TAX LOT 1322049131
V / / TAX LOT 1322049101 rypp' 10.75'
/ hry 17.60' ,
is ; S3
9g
ce v �O� ?7 56, 32.39' 41.41'
/ 60
w � 1 po SQ F �+191.04' T �o
4
N 66.04' 4.10' rn
/ 295.08' — — 39.38' P.O.B.
W
CD
TAX LOT 1322049024 N
W
P.O.C.
SE COR
IMPORTANT: NE 4,SE a
THIS IS NOT A SURVEY. IT IS 13-22-04
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH EASEMENT
REFERENCE TO STREETS AND LOCATED IN NE 1/4 OF THE SE
OTHER LAND. NO LIABILITY IS 1/4 OF SEC 13,TOWNSHIP 22N, KENT DRAWN BY: CMW
ASSUMED BY REASON OF RANGE 4 E,W.M. WASHINOro■ EXHIBIT
RELIANCE HEREON. CITY OF KENT SCALE: 1 of B
LAND SURVEY SECTION I DATE: 09/08/2023
ATTACHMENT B
After recording return document to:
City Clerk
City of Kent
220 4th Avenue South
Kent, WA 98032
Document Title: Temporary Easement
Reference Number of Related Document: N/A
Grantor(s): Jingna Property LLC
Grantee(s): City of Kent
Legal Description: Ptn. NE 1/4 SE '/4 Sec 13, Twp 22N, Rg 4E, W.M.
Additional Legal Description is on Exhibit A of Document.
Assessor's Tax Parcel Number: 132204-9131
TEMPORARY EASEMENT
Mill Creek Reestablishment Project
The Grantor(s), Jingna Property LLC, for and in consideration of TEN AND NO/100
($10.00) DOLLARS, and other valuable consideration, conveys and grants unto the City of
Kent, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right
of Eminent Domain, the right, privilege and easement over, upon, through and across the
hereinafter described lands for the purpose of sediment removal from and restoration of the
creek channel.
Said lands being situated in King County, State of Washington, and described in Exhibit
A and depicted in Exhibit B, attached hereto and made a part hereof.
The term of this Temporary Easement shall commence on the date of entry by Grantee,
its agents or contractors, for construction in the easement area and shall terminate one month
from that date, hereinafter the "Term".
It is further agreed that this Temporary Easement may be extended by up to six months
at the Grantee's option. The rate associated with this extension shall be at the same rate per
month as the original Temporary Easement, or at the newly established rate determined by an
LPA-325 Page 1 of(3)Pages Parcel Number: 132204-9131
TEMPORARY EASEMENT
updated administrative offer;whichever is higher. Grantee shall notify Grantor in writing prior
to exercising this option.
Grantee shall provide Grantor written notice no less than three clays in advance of
Grantee's intent to exercise its rights under this Temporary Easement.
It is understood and agreed that delivery of this Temporary Easement is hereby tendered
and that the terms ajid obligations hereof shall not become binding upon the City of Kent unless
and until accepted and approved hereon in writing for the City of Kent,by its authorized agent.
Dated: . 202
Jingnnaj Property LLC
By:
Accepted and Approved
City of Kent
B
v:a Dana Ralph
Mayor
Date: 03/25 202-3-- 2024
LPA-325 Page 2 of'(3 )Pages
Rev.5/202 1
TEMPORARY EASEMENT
STATE OF WASHINGTON )
)ss. nn
COUNTY OF KING
certify that I know or have satisfactory evidence thatUcAs the person
who appeared befiJre.me, and said person ackno,,A-[v4,ed that he.Ishe signed s instrtauent, on
oath and stated that he/she was authorized to execute the instrument and acknowledge it as the
-Q of Jingna Property LLC• to be the tree and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-1V'olur t-Sup!Xhist,11,ipecrr iVithin Ibis Box-
I V W I I'N ,S ' H-R •O . l to e hereunto set my hand and ofticiill seal the day and year first above
writte "
DIALA KHALED
Notary Public "�' 0y`
State of Washington - -Cl
Commission#188104 (Printed Name)
My Comm. Expires Oct 24, 2024 NOTARY PUBLIC,in ti liar ll_u stat
of Washington,residing at
My appointment expires
LPA-325 Page 3 of(3 )Pawcs
Re%.5/2021
EXHIBIT-A
TAX LOT 1322049131
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY
OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION SUBDIVISION;
THENCE ALONG THE EAST LINE THEREOF, N01°32'42"E 392.34 FEET; THENCE
N88036'30"W 39.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
N88036'30"W 278.49 FEET; THENCE N01123'30"E 20.00 FEET; THENCE
S88036'30"E 42.27 FEET TO A POINT OF TANGENCY WITH A 50.00 FOOT RADIUS,
CIRCULAR CURVE TO THE LEFT; THENCE ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 59013'38", AN ARC DISTANCE OF 51.69 FEET; THENCE
N32009'53"E 14.65 FEET; THENCE S57048'56"E 20.00 FEET; THENCE S67058'24"E
107.74 FEET; THENCE S84007'11"E 66.04 FEET; THENCE S26127'45"E 4.10 FEET
TO THE POINT OF BEGINNING.
CONTAINING 6,496 SQUARE FEET, MORE OR LESS.
..... r�+�,Q9
o
?,00lB97
ON.4� LANp
12/14/2023
TAX LOT 13220490095
TAX LOT 13220491001
TAX LOT 1322049131
r
srss•
�o•
10
42.27'
c 6,496 SQ. FT.
N 66.04' 4.10'
278.49' 39.38'
P.O.B. co
co
N
u AX LOT 1322049024
P.O.C.
SE COR
IMPORTANT: NE q,SE a
THIS IS NOT A SURVEY. IT IS 13-22-04
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND TEMPORARY
INDICATED HEREON WITH
REFERENCE TO STREETS AND LOCATED IN NE 1/4 OF THE SE CONSTRUCTION EASEMENT
OTHER LAND. NO LIABILITY IS 1/4 OF SEC 13,TOWNSHIP 22N, KENT DRAWN BY: CMW
ASSUMED BY REASON OF RANGE 4 E,W.M. WASNINOro■ EXHIBIT
RELIANCE HEREON. CITY OF KENT SCALE: 1"=60' B
LAND SURVEY SECTION DATE: 09/08/2023
ATTACHMENT C
❑ New Vendor
❑ Reactivate Vendor
�KlNT Vendor Set-up Form ❑ Address Change
W A S H I N G T O N 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
■ An incomplete form will create a delay in our payment(s)to you and your payment(s)
could be sub-ect to the IRS required back-up withholding.
Name, as it will appear on check (NO ABBREVIATIONS) Doing Business As(If different than name on check)
Payment Address Business Address
City State Zip City State Zip
Phone Number Accounts Receivable Contact
• • - check the aPpropriate box
❑ Corporation ❑ Government Agency ❑ Individual/Sole Proprietor ❑ Non-Profit ❑ Partnership
gig EM This business is
❑ Minority Owned ❑ Women Owned ❑ Both Minority and Women Owned ❑ Neither
Will you provide medical services to the City of Kent? ................................................................Yes No
Will you provide legal services to the City of Kent? ....................................................................Yes No
Will you provide services other than medical or legal to the City of Kent?.......................___.......Yes No
Will you provide parts, supplies or materials to the City of Kent?..................................................Yes No
Do you pay sales tax to the State of Washington?........................................................................Yes No
if exem t from Form 1099 reporting, and check your qualifying exemption reason below:
❑ 1. Corporation, except there is no exemption for medical and healthcare payments
or payments for legal services
❑ 2. Tax Exempt Charity under 501(a), or IRA
❑ 3. The United States or any of its agencies or instrumentalities
❑ 4. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions
❑ 5. A foreign government or any of its political subdivisions
Name (Owner of the Tax Payer Identification Number(EIN or SSN) as name appears on IRS or Social Security
Administration Records):
Social Security#: or Federal TIN:
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. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been
notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to
report all interest or dividends, or(c) the IRS has notified me that I am no longer subject to backup withholding.
■ Signature ■ Date ►
[Ic52727 indd•2XI4