HomeMy WebLinkAboutCAG2024-176 - Original - Thomas J. and Roberta Appelhans - Settlement Agreement: S. 218th St./98th Ave S. - 04/12/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
W A 5 H t N c T o N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Cheryl Rolcik-Wilcox Public Works
Date Sent: Date Required:
> 04/01/2024 04/10/2024
0
A.
Authorized to Sign: Date of Council Approval:
Q ❑✓ Mayor or Designee 7/6/2021
Budqet Account Number: Grant? Yes NOD
Budget? Yes E:]No Type: N/A
Vendor Name: Category:
Thomas J. and Roberta Appelhans efi__ Contract
Vendor Number: Sub-Category:
0 .r-- Original
0
Project Name: S. 218th St./98th Ave. S. (from 94th PI. S. to S. 216th St.)
cProject Details: Settlement Agreement for right-of-way and temporary easement
acquisition, and License Agreement
c
40 Basis for Selection of Contractor:
Agreement $40,000 *Memo to Mayormust beattached
i Start Date: Termination Date:
tM
Q Local Business?❑Yes❑No*lfmeets requirements per KCC 3.70.700,please completeVendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: 0Yes❑In-Process❑Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓�No � 20 4
Comments:
H Mayor Ralph - Please sign, where indicated on page 4 of the Settlement
Agreement, on page 3 of the Warranty Deed, on page 2 of the Temporary
Construction Easement. Also, please sign on page 4 of the Limited License
C C Agreement. This signature will need to be notarized.
i?f =
3 0
Date Received:City Attorney: 4/10/24 Date Routed:Mayor's Office L City Clerk's Office
ad«w22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
SETTLEMENT AGREEMENT
KEN-50 S. 218`h St./98`h Ave. S. from 9411 Pl. S.to S. 216`h St. Project
City of Kent Project Number: 17-3010
Owner: Thomas J. and Roberta Appelhans
King County Tax Parcel Number: 526700-0010
Address: 21440 98th Avenue South
This Settlement Agreement("Agreement") is between the City of Kent,a Washington municipal
corporation("City")and Thomas J. Appelhans and Roberta Appelhans (collectively"the
Appelhans"), the City and Appelhans are referred to collectively as the"Parties."
RECITALS
A. The Appelhans own real property located at 21440 98`'Avenue S. (the"Property").
B. To accommodate the City's S. 21811 Street/98°i Avenue S. from 94°' Place S. to S. 216`'
Street Project ("Project"), the City must acquire from the Appelhans the following real
property and/or property rights(the"Take Property"):
1. 294 square feet of the Property in fee simple, legally described and depicted in
Exhibit A attached hereto(the"Warranty Deed"), and
2. 2,489 square feet of the Property as a temporary easement legally described and
depicted in Exhibit B attached hereto(the"Temporary Easement").
C. On July 19, 2023, the City filed a condemnation action in King County Superior Court,
Cause No. 23-2-13180-1 KNT (the "Condemnation Action"), to acquire by power of
eminent domain the Take Property. findings of Fact, Conclusions of Law, and Order
Adjudicating Public Use and Necessity was entered by the Court on January 3, 2024. An
Agreed Order Granting Possession and use was entered by the Court on January 16,2023.
The City paid $18,500 into the Court registry on January 18, 2023.
D. The Parties desire to resolve all issues related to the City's acquisition of the Take Property
on the terms set forth herein.
AGREEMENT
NOW, THEREFORE, and in consideration of obligations and exchange of promises set
forth herein, the above recitals are incorporated herein, and the Parties agree as follows:
City of Kent-Appelhans Settlement Agreement-Page 1 of 4
1. Settlement of Claims. The parties agree on the following as full and final settlement of all
claims for just compensation and any other causes of action related in any way to the City's
acquisition of the Take Property for its Project.
2. CityaYment. The City agrees to pay the sum of Forty Thousand and 00/100($40,000.00)
as total Just Compensation for the City's acquisition of the Take Property through the
Condemnation Action. The City has previously deposited in the Court Registry Eighteen
Thousand Five Hundred Dollars and 00/100 ($18,500) (plus a ten-dollar handling fee for
the Court Clerk). The City will pay into the Court Registry the remaining amount due of
Twenty-One Thousand Five Hundred Dollars and 00/100 ($21,500.00) pursuant a
Judgment, Decree of Appropriation, and Disbursement Order substantially in the form
described in Section 9 below.
3. Warranty Deed and Temporary Easement. The Appelhans agree that all of the right,title,
and interest in the Warranty Deed and Temporary Easement, attached as Exhibits A and
B, will be vested in the City pursuant to a Judgment, Decree of Appropriation, and
Disbursement Order substantially in the form described in Section 9 below.
4. Driveway. The City will include in the Project the following on the Property:
a. At the request of Appelhans, the City will install as part of the Project a concrete,
internal circular driveway on the Property with a new driveway access in the right- i
of-way north of the existing driveway on the Property as depicted in Exhibit C.
The driveway access will be considered legal nonconforming pursuant to Kent City
Code 15.08.100(B)due to the proximity of the existing driveway to the City's new
Project improvements. The driveway will be allowed to remain in use during the
current use of the Property. If the property re-develops, access will be considered
based upon the applicable codes and standards in place at that time.
b. The City will also replace the existing asphalt driveway with a cement driveway.
5. Landscaping.To construct the Project,the City will remove one mature evergreen tree,one
mature deciduous tree, and one large plant located in the right-of-way adjacent to the
Property, along with the portion of the grass lawn located in the right-of-way and on the
Property as shown in Exhibit C. The City will make a reasonable effort to preserve the
medium sized deciduous tree and four small plants located on the Property in the
Temporary Easement Area, but the Appelhans acknowledge that the City may need to
remove them and they will not be replaced as part of the Settlement Agreement. Repairs to
the lawn within the Temporary Easement Area will be done with sod.
City of.Kent-Appelhans Settlement Agreement- Page 2 of 4
6. Fence. If the Appelhans replace the existing fence located in the right-of-way along the
south side of the Property,the new fence must be built to meet sight distance requirements
for the intersection and the driveway.The Appelhans agree to consult with the Engineering
Manager within the Public Works Engineering Department to ensure these sight distance
requirements are met at the time the fence is constructed.
7. Shed. As part of this Project,the City will not remove the shed that is partially constructed
in the right-of-way as shown in Exhibit C.
8. Access and Use. The City will maintain ingress and egress to the Property for the
Appelhans during construction. At no time will Appelhans be without emergency access
to the Property as a result of the Project. The Temporary Easement Area will not be used
by the City or its representatives for maintenance or storage of equipment,portable toilets,
or materials during the Project.
9. Motion for Judgment Decree of Appropriations Order of Disbursement. The Parties shall
file a joint motion in the Condemnation Action for entry by the Court of the attached
Exhibit D, Judgment, Decree of Appropriation, and Disbursement Order ("Judgment")
within ten days of the Effective Date. The City is responsible for sending a draft joint
motion to Appelhans attorney for review and for filing the final joint motion.
10. Acknowled rg Went. The Appelhans will execute the Acknowledgement attached as Exhibit
E within ten days of the Effective Date.
i
11. Successors and Assigns. This Settlement Agreement shall bind and inure to the benefit of
the parties and their respective successors and assigns.
12. Amendments. This Agreement may only be amended in writing, signed by all parties.
13. Severability. If any term, covenant, condition, or provision contained in this 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.
14. Execution in Counterparts. This Agreement may be executed in counterparts and/or
transmitted electronically,and copies so executed or transmitted will be deemed originals.
I
15. Entire Agreement. This Agreement, together with all exhibits constitutes the entire
agreement between the parties with respect to the subject matter of this Agreement. This
City of Kent -Appelhans Settlement Agreement-Page 3 of 4
1
i
Agreement is specifically intended by the parties to supersede all prior agreements whether
written or oral.
16. Effective Date. The effective date of this Agreement is the last date signed below.
CITY OF KENT APPELHANS
Thomas J. Appelhans
By: By: Michael M. Hanis for Thomas J.
Title: _ Appelhans by permission
Date: l Date: April 1, 2024
Roberta Appelhans
By: Michael M. Hanis for Roberta 9
Appelhans by permission
Date: April 1,2024
Exhibit List
A—Warranty Deed
B—Temporary Easement
C—Depiction of Improvements
D - Judgment, Decree of Appropriation, and Disbursement Order
E-Acknowledgement
City of Kent - Appelhans Settlement Agreement- Page 4 of 4
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor:_ Thomas J Appelhans and Roberta Appelhans
Grantee: City of Kent
Abbreviated Legal Description: Ptn. Lot 1,_McCanns Westview, Vol 73 of
Plats, Pgs 30-31
Additional Legal Description on: Exhibit "A"
Assessor's Tax Parcel ID No.: 526700-0010 ___ STR: 07-22-05
Project Name:_ KEN 50 S 218th St/981h Ave S from 94t1 PI S to S 2161h St.
WARRANTY DEED
THE GRANTOR, Thomas 3. Appelhans and Roberta Appelhans, a
married couple, for and in consideration of Ten Dollars and No/1.00 ($10.00) and/or
other valuable consideration in hand paid, 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 tit►e, in the real property described and
depicted in the attached and incorporated Exhibits A and B, situated in King County,
Washington, under the imminent threat of the Grantee's exercise of its rights of
Eminent Domain, and subject to the conditions listed on Fidelity National Title
Company of Washington Commitment No. 611325518, Schedule B, Part II,
Paragraphs 1-5 and 7, as set forth in Exhibit C, attached and incorporated.
(Signatures on following page)
WARRANTY DEED - Page 1 of 3
GRANTOR:
Name: Thomas J. elhans 4Nam Roberta Appelhans
Date:= ,02 Date:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Thomas J. Appelhans
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: w[ " 0-"I
-Notary Seal Must Appear Within This Box-
IN WI�[�; WHEREOF, I have hereunto set my hand and official seal the
day and �t bgye written.
to a0rq
m ; (Signature)
.4% a r846 NOTARY PUBLIC, in and for the Stgte
�.A °BLto = = of Washington, �residing at Jol�
i/p ��24�.."4r �= My appointment expires —2At
Additional notary acknowledgment on following page
WARRANTY DEED - Page 2 of 3
STATE OF WASHINGTON }
) ss.
COUNTY OF KING }
I certify that I know or have satisfactory evidence that Roberta Appelhans is
the person who appeared before me, and said person acknowledged that she signed
this instrument and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in the
instrument.
Dated: y� vT
-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 atog •01fta,
My appointment expires
ACCEPTED:
CITY OF KENT
By: Dana Ral
Title: Ma o
Date:_
i
WARRANTY DEED - Page 3 of 3
EXHIBIT A
TAX LOT 5267000010
RIGHT OF WAY DEDICATION
THAT PORTION OF LOT 1, MCCANNS WESTVIEW, ACCORDING TO THE. PLAT
THEREOF, RECORDED IN VOLUME 73 OF PLATS, PAGES 30 AND 31, RECORDS OF
KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE
MERIDIN, CITY OF KENT, IN KING COUNTY, WASHINGTON, LYING
SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE
SOUTH LINE THEREOF, 889°58'42"W 87.32 FEET TO A POINT OF TANGENCY WITH A
42.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT AND THE POINT OF BEGINNING;
THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 84°43'01", AN ARC
DISTANCE OF 62.10 FEET TO A POINT OF TANGENCY WITH THE WEST LINE OF SAID
LOT 1, AND THE TERMINUS OF THE HEREIN DESCRIBED LINE.
CONTAINING 294 SQUARE FEET, MORE OR LESS.
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= 84'43`01" ---- — 87_32 ---- --.—_..—,
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00 294 SQ.FT
P.O.B. P.O.C.
S 216TH ST
IMPORTANT:
THIS IS NOT A SURVEY.IT IS RIGHT OF WAY
FURNISHED AS A CON VENENCE TO
LOCATE THE LAND INDICATED HEREON PORTION OF DEDICATION
WITH REFERENCE TO STREETS AND THE SE 1/4 OF THE NE 1/4
OTHER LAND.NO LIABILITY IS OF SEC!,TOWNSHIP 22 N. KENT DRAWN DY: GM
ASSUMED BY REASON OF RELIANCE RANGE 5 E.W.M. EXHIBIT
CITY OF KENT SCALE:
1'=2s
HEREON. LAND SURVEY SECTION DATE: 5/25/2022
ATTACHMENT B
After recording return document to:
City Clerk
City of Kent
220 4ch Avenue South
Kent, WA 98032
Document Title: Temporary Easement
Reference Number of Related Document: N/A
Grantor(s):Thomas I Appelhans and Roberta Appelhans
Grantee(s): City of Kent
Legal Description: Ptn. Lot 1,McCanns Westview, Vol. 73 of Plats Pgs 30-31
Additional Legal Description is on Exhibit A of Document.
Assessor's Tax Parcel Number: 526700-0010
TEMPORARY EASEMENT
KEN-50 South 218
th Street/98`h Avenue South from 94`h Place South to South 216`h Street
Project
The Grantor(s),Thomas I Appelhans and Roberta Appelhans,a married couple,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
widening South 218th Street and 98th Avenue South (from 94th PL S to 99th Ave S)to three
lanes and including paving, concrete curbs & gutters, sidewalks, paved shoulders, street
lighting, storm drainage, sanitary sewer, water mains replacement, landscaping, and
channelization.This project will also include undergrounding all the overhead utilities to a Joint
Utility Trench.
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 acceptance of this
Temporary Easement by Grantee and shall terminate on October 31, 2024, hereinafter the
FA No.
LPA-325 Page 1 of(3)Pages Parcel Number:526700-0010
Rev.5/2021
TEMPORARY EASEMENT
"Term". Provided. however,that Grantee's use and occupancy of the easement area is limited
to between August 1,2023 and October 31,2024.
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 as the
original Temporary Easement, or at the newly established rate determined by an 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 days 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 and 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: — w
Grantor:
A.
t I
�J.
Thomas J. Appelhans Rob rta Appelhans
Accepted and Approved
City of Kent
By:
Dana Ralph
Mayor
Date: L4 1 ` Z>T
Notary rrcknowleclgnzews oil following page
LPA-325 Page 2 of(3)Pages
Rev.5/202 I -
TEMPORARY EASEMENT
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Thomas J.Appelhans 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
instrumen
Dated: 1) 710241
-Nolaq Seal Musl.,appear Within This Box-
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� OF,I have hereunto set my liand and official seal the day and year first above
writtet S�' ���a� 4ptp��i �►��/�
£ 378" i � (Printed Name) � 0
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///�p ��N��•••••�\t �` My appointment expires_�= — 1_
II!!111 WAS'�'t �
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Roberta Appelhans is the person
who appeared before me,and said person acknowledged that she signed this instrument and
acknowledged it to be her flee and voluntary act for the uses and purposes mentioned in the
instrument. !
Dated: lu ` 11 ?V1t/
-Notary Seal 11us1.,appear 61,71hin 1'hh Box-
4 JEREOF,I have hereunto set my hand and official seal the day and year first above
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37848
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00 1 NOTARY PUBLIC,in anWfor the State. '• A�
i 'yj'�i,� 8� e�\ r' '' of Washington,residing at �+
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//,11 OF
LPA-325 Page 3 of Pages
Rev.5/2021
1
EXHIBIT_A
TAX LOT 5267000010
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 1, MCCANNS WESTVIEW, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 73 OF PLATS, PAGES 30 AND 31, RECORDS OF
KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE
MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON, LYING
SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE
SOUTH LINE THEREOF, S89058'42"W 78.79 FEET TO THE POINT OF BEGINNING;
THENCE N0001'18"W 42.50 FEET; THENCE N89049'37"W 30.27 FEET, TO A POINT
20 FEET EASTERLY OF THE WEST LINE OF SAID LOT 1; THENCE PARALLEL TO THE
WEST LINE OF SAID LOT 1, MEASURED AT RIGHT ANGLES TO SAID WEST LINE,
N0053'49"E 35.89 FEET TO THE NORTH LINE OF SAID LOT, AND THE TERMINUS OF
THE HEREIN DESCRIBED LINE.
EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE SOUTHEAST
CORNER OF SAID LOT 1; THENCE ALONG THE SOUTH LINE THEREOF, S89158'42"W
87.32 FEET TO A POINT OF TANGENCY WITH A 42.00 FOOT RADIUS, CIRCULAR
CURVE TO THE RIGHT AND THE POINT OF BEGINNING; THENCE ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 84°43'01", AN ARC DISTANCE OF 62.10
FEET TO A POINT OF TANGENCY WITH THE WEST LINE OF SAID LOT 1, AND THE
TERMINUS OF THE HEREIN DESCRIBED LINE.
CONTAINING 2,489 SQUARE FEET, MORE OR LESS.
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S 216TH ST
IMPORTANT:
THIS IS NOT A SURVEY.IT IS TEMPORARY CONSTRUCTION
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED HEREON PORTION OF EASEMENT
WITH REFERENCE TO STREETS AND THE SE 1/4 OF THE NE 1/4
OTHER LAND.NO LIABILITY IS OF SEC 7,TOWNSHIP 22 N, CENT DRAWN BY;RCM
ASSUMED BY REASON OF RELIANCE RANGE 5 E.W.M. CITY OF RNT SCALE:1"-25' =EXHIBITHEREON. LAND SURVEY SECTION DATE:4/1112023
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Exhibit D
1 Honorable Wyman Yip
2,
3
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,j
6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
7
In the Matter of the Petition of the CITY OF
8 KENT, Washington to Acquire by No. 23-2-13180-1 KNT
Condemnation Certain Real Property for
9 Public Use as Authorized by Ordinance JUDGMENT, DECREE OF
4460 of the City of Kent, APPROPRIATION,AND
10 DISBURSEMENT ORDER
1. 1 Petitioner, (CLERK'S ACTION REQUIRED)
1.2 V.
13 THOMAS J. APPELHANS and ROBERTA
APPELHANS, husband and wife; MERS
14 INC., as a nominee for Bank of America
NA; BANK OF AMERICA,NA; and KING
15 COUNTY, a municipal corporation,
16
17
18 I. JUDGMENT SUMMARY
19 1. Judgment Creditors: Thomas J. and Roberta Appelhans
20 2. Judgment Debtor: City of Kent
3. Total Judgment: `G40,000.00
21 4. Attorneys for Judgment Creditor: Michael M. Hanis
Hanis Irvine Prothero PLLC
22 5. Attorneys for Judgment Debtor: Kim Adams Pratt
23 Madrona Law Group, PLLC
Christina M. Schuck
24 Office of Kent City Attorney
25
26
JUDGEMENT AND DECREE 14205 SE 36th Street
OF APPROPRIA,rION- 1 Suite 100,PMB 440
Bellevue,WA 98006
MAD RO NA Phone:425-201-5111
L,k w c a o u r. i,i.i.c www.MadronaLaw.com
I
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II. JUDGMENT DECREE OF APPROPRIATION,
1 AND DISBURSEMENT ORDER
The Court, having reviewed the records, files, and pleadings herein, it is now,
3 ORDERED,ADJUDGED AND DECREED that:
Zt 1. The Property. The real property at issue in this case is commonly known as 21440
5
6 98'h Avenue South, Kent, Washington, also known as a portion of King County Tax Parcel
7 No. 526700-0010-05 and legal described as follows (the"Property"):
8 Lot 1, McCann's Westview, according to the plat thereof,
recorded in Volume 73 of Plats, Pages 30 and 31, records of
9 King County, Washington
10
Situated in County of King, State of Washington
11
12 The City of Kent("City")sought fee simple title to a portion of the Property and a temporary
13 construction easement over a portion of the Property that are legally described in and depicted
14 in Exhibit A and Exhibit B attached hereto(the"Take Property").
15 2. Council Ordinance. On April 18, 2023, the City Council of the City of Kent
16
adopted Ordinance No. 4460, which authorized the acquisition of the Take Property for the
17
purpose of constructing the City's South 218'' Street/98`h Avenue South from 94" Place
18
19 South to South 216" Street Project(the"Project").
20 3. Public Use and Necessity. Findings of Fact, Conclusions of Law, and an Order
21 Adjudicating Public Use and Necessity was entered by the Court on January 3,2024.
22 4. Just Compensation. The City shall pay a total of Forty Thousand Dollars and
23 00/100 ($40,000.00) as full and final Just Compensation for the appropriation of the Take
24
Property by eminent domain("Just Compensation"). On January 18,2024, the City paid into
25
the registry of the Court the amount of Eighteen Thousand Five Hundred Dollars and 00/100
26
JUDGEMENT AND DECREE Ia, 14205 SE 36th Street:
OF APPROPRIATION-2 IM Suite 100,PMB 440
Bellevue,WA 98006
MADRONA Phone.425-201-5111
LAW c a o u P. PLLC www.MadronaLaw.com
($18,500.00)plus a ten-dollar handling.fee for the Court Clerk. The remaining amount due
1
2 from the City to be paid into the Court registry is Twenty-One Thousand Five Hundred
3 Dollars and 00/100($21,500.00).
4 5. Effective Date. This Judgment, Decree of Appropriation, and Order of
5 Disbursement("Judgment") shall be effective upon(i)entry by the Court of this Judgment,
6 and (ii) payment by the City of the full Just Compensation into the Court registry (the
7
"Effective Date").
8
6. Conveyance. Upon the Effective Date, all of the right, title, and interest of
9
10 Respondents in and to the Take Property as described in Exhibit A shall be vested in the City;
11 and the temporary easement rights described in Exhibit B shall be vested in the City.
12 7. King County Taxes. Pursuant to RCW 84.60.070, the lien for the taxes owing and
13 payable on the Property shall be set over to the portion of the Property retained by
14
Respondents Thomas J. and Roberta Appelhans.
15
8. Disbursement. The King County Superior Court Clerk shall retain the $10.00
16
17 handling fee deposited. The$40,000.00 in Just Compensation deposited by the City of Kent
18 into the Court Registry shall be disbursed to Respondents Thomas J. and Roberta Appelhans
19 by check made payable to Thomas J. and Roberta Appelhans and mailed to 21440 98tn
20 Avenue South, Kent, Washington 98031.
21 9. Court Calendar. The Court Clerk may remove this case from the trial calendar,and
22
the Court shall retain jurisdiction to only enter any subsequent order necessary to disburse
23
the funds described in Section 8 above.
24
25
10. Recording. The City of Kent shall record a certified copy of this Judgment with
26 the Office of the King County Recorder.
treet
.IUDGEMENT AND DECREE Suite SE 36th 440
OF APPROPRIATION-3 Suite
Bellevuee,,WAA 98006
MA.DRQNA Phone:425-201-5111
if LAW CROUP, PLLC www.MadronaLaw.com
I
1
2 DATED this day of ,2024.
3
1 JUDGE/COURT COMMISSIONER
5 Presented by:
6 MADRONA LAW GROUP,PLLC
7
g BY
Kim Adams Pratt
9 WSBA No. 19798
Eileen M. Keiffer
1 WSBA No. 51598
14205 SE 36"Street
1 l Suite 100, PMB 440
Bellevue, WA 98006
12 Tel: (425)201-5111
13 Email: kim@madronalaw.com
eileen@madronalaw.com
14 Attorneys for Petitioner City of Kent
15
16 CITY OF KENT
OFFICE OF THE CITY ATTORNEY
17
18 By.
Christina M. Schuck, WSBA No. 44436
19 220 Fourth Avenue South
Kent, Washington 98032
20 Telephone: (253) 856-5770
Email: cityattorney@kent.wa.gov
21
Attorneys for Petitioner City of Kent
22
Hanis Irvine Prother PLLC
23 `
24 By:
Michael M. Hanis, WSBA No. 6166
25 Attorneys for Respondent Appelhans
26
JUDGEMENT AND DECREE ak 14205 SE 36th Street
OF APPROPRIATION-4 Suite 100,PMB 440
Bellevue,WA 98006
MADRONA Phone:425-201-5111
LAW a R o u r, PLLC www.MadronaLaw.com
ATTACHMENT G
Project Name/Number: KEN-50 S. 218th St./98th Ave S. from 941h PI S to S 216th St
Property Owner: Thomas J. Appelhans and Roberta Appelhans
Address: 21440 98th Ave. S.
Tax Parcel Number: 526700-0010
ACKNOWLEDGEMENT
I, the undersigned, am the owner of the property described in Exhibit "A"
attached.
I acknowledge and understand
I
• That the City of Kent will not be contacting my lender and requesting a
partial re-conveyance for the acquired property;
• That my lender may have a right to the proceeds from the acquisition. We
hereby hold the City of Kent harmless, if the lender requires any portion or
all of the proceeds after this transaction has closed and disbursed. We, the
undersigned, will pay the lender directly;
• That payment for the acquisition of the described property will be made
directly to me, or at my option initialed below, the City of Kent will make
payment directly to my lender.
Ae � t -crud
Thomas J. Appelha Roberta Appelhans
Date: /-(— t— AQ f Date: - t" az �7t
0 Make payment directly to me the Grantor at the following address:
ED Make payment directly to my lender at the following address and loan
Number
Loan #:
LIMITED LICENSE BETWEEN
THE CITY OF KENT AND
THOMAS J. and ROBERTA APPELHANS
PARTIES
THIS LIMITED LICENSE ("License") is between the CITY OF KENT, a
Washington Municipal Corporation ("City"), and Thomas J. Appelhans and Roberta
Appelhans (collectively "the Appelhanses" or"Licensee").
RECITALS
A. The Appelhanses own real property located at 21440 98th Avenue S.
The Applehans desire to construct and maintain a fence within the City's South 2161h
Street right-of-way and to maintain a shed which was partially constructed within the
South 216rh Street right-of-way without previous authorization.
B. The City has agreed to issue this license authorizing these activities
within its right-of-way in accordance with the following terms and conditions.
NOW, THEREFORE, THE CITY AND APPELHANS AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants this License ("License") for a period
of 10 years from the Effective Date (the "Term") for Licensee to install and maintain
a 6-foot tall or shorter fence; and maintain a shed partially constructed within the
right-of-way across, along, in, upon, and under the City's right-of-way in the locations
described and depicted in Exhibit A ("Property"), City and Licensee agree that this
License shall automatically renew at the end of the Term, and a new 10-year Term
shall commence, unless terminated as provided in Section 3. A general description
of the authorized improvements for a fence and portion of a shed is attached as
Exhibit B ("Improvements"). This License is subject to all the terms and conditions
established below.
2. Damage to Property and Restoration. Licensee shall repair any
damage to the Property caused by the installation, construction, operation,
maintenance, removal, repair, reconstruction, replacement, use, and inspection of
the Improvements on the Property. Upon revocation, termination, or expiration of
this License, Licensee shall remove the Improvements and restore the Property to a
to the same or better condition as it was immediately prior to any installation,
construction, relocation, or maintenance of the Improvements, unless the City agrees
to an alternative restoration plan. Such restoration obligation shall survive the
LIMITED LICENSE--Page 1 of 7
(between City of Kent and Applehans)
expiration of this License.
3. Revocation and Termination.
3.1 The intent of this License is to authorize Licensee to install and maintain
the Improvements on the designated City right-of-way, which right-of-way
constitutes a valuable property interest owned by the City. This License does not
grant an estate in the land described as the Property; it is not an easement; it is not
a franchise; it is not exclusive; and it does not exclude the City from full possession
of the Property. As a License upon real property, it is revocable at the will of the City.
However, prior to termination or revocation by the City, the City shall provide
Licensee with at least 180 calendar days' written notice of termination or revocation.
3.2 Upon receipt of written notice of termination or revocation from the City,
Licensee is required to remove all Improvements and restore the Property pursuant
to Section 2. If Licensee fails to remove the Improvements within the allotted time,
the City may remove all or part of the Improvements, restore the Property, and
recover the costs of such removal and restoration from Licensee. Licensee waives
any right it may have to any claim for damages of any kind incurred as a result of
the City's removal of all or part of the Improvements.
4. Maintenance. Licensee shall maintain the Improvements and Property
in a clean, well-kept, orderly, and safe condition to the satisfaction of the City.
Licensee shall promptly make repairs at Licensee's cost, as necessary, to ensure the
Improvements and Property are kept in good condition to the satisfaction of the City.
If Licensee fails to maintain the Improvements in accordance with this Section 4, the
City may make the necessary repairs and recover the costs of such repair from
Licensee.
S. Emergency. In the event of any emergency in which any portion of
the Improvements breaks, becomes damaged, or in any other way becomes an
immediate danger to the property, life, health, or safety of any individual, Licensee
shall immediately take the proper emergency measures to remedy the dangerous
condition without first applying for and obtaining a permit as required by this License.
However, this emergency work shall not relieve Licensee from its obligation to obtain
all permits necessary for this purpose, and Licensee shall apply for those permits
within the next 2 succeeding business days.
6. Indemnification. Licensee shall comply with the following
indemnification requirements:
6.1 Licensee shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
claims, actions, injuries, damages, losses, or suits, including all reasonable legal
i
LIMITED LICENSE--Page 2 of 7
(between City of Kent and Applehans)
1
r
costs, witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License, except
to the extent caused by the sole negligence of the City, its employees, agents,
contractors, or invitees.
6.2 The City's inspection or acceptance of any of Licensee's work
when completed shall not be grounds to avoid any of these covenants of
indemnification.
6.3 These indemnification obligations shall extend to any claim,
action or suit that may be settled by compromise, provided that Licensee shall not
be liable to indemnify the City for any settlement agreed upon without the consent
of Licensee; however, if Licensee consents to the agreed upon settlement, the
Licensee shall indemnify and hold the City harmless as provided for in this Section 7 .
by reason of that settlement. Moreover, if Licensee refuses to defend the City against
claims by third parties, Licensee shall indemnify the City regardless of whether the
settlement of such claims is made with or without Licensee's consent.
6.4 In the event that Licensee refuses to accept tender of defense in
any claim, action, or suit by a third party pursuant to this Section 7 and if Licensee's
refusal is subsequently determined by a court having jurisdiction (or such other
tribunal that the parties shall agree to decide the matter) to have been a wrongful
refusal, then Licensee shall pay all the City's costs for defense of the action, including
all reasonable legal costs, witness fees, and attorney fees and also including the City's
costs, including all legal costs, witness fees and reasonable attorney fees, for
recovery under this Section 6 indemnification clause.
6.5 The provisions of this Section 6 shall survive the expiration or
termination of this License.
7. Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City.
8. Assignment. Licensee shall not assign all or any portion of its rights,
benefits, or privileges, in and under this License without prior written approval of the
City.
9. Compliance with Laws. Licensee shall comply with all federal, state,
and municipal laws, rules, and regulations that are applicable to this License.
10. Venue and Jurisdiction. This License shall be construed in accordance
with the laws of the State of Washington. Venue and jurisdiction for the resolution
of disputes shall be in the Superior Court for King County, Washington. In the event
of claim or litigation regarding the enforcement of the terms of this License, each
LIMITED LICENSE--Page 3 of 7
(between City of Kent and Applehans)
party shall be responsible for its own legal costs and attorney fees except as noted
in Section 7.
11. Notices. All notices, requests, demands, or other communications
provided for in this License, unless otherwise noted, shall be in writing and shall be
deemed to have been given when sent by registered or certified mail, return receipt
requested, to the addresses listed below for each party, or to such other person or
address as either party shall designate to the other party in writing:
CITY: LICENSEE:
City of Kent Thomas J. Appelhans
Attn: City Clerk Roberta Appelhans
220 Fourth Avenue South 21440 98th Ave. S.
Kent, WA 98032 Kent, WA 98031-2102
12. No Waiver of Rights. Nothing in this License shall constitute a waiver
of either party's right to challenge any portion of the License that is not in accordance
with applicable federal, state and local laws.
13. Entire Agreement and Effective Date. This License contains the
entire agreement between the parties and, in executing it, the City and Licensee do
not rely upon any statement, promise, or representation, whether oral or written, not
expressed in this License. This License shall be effective upon the last day executed
below (Effective Date).
14. Warranty of Authority to Execute. Each person executing this
License warrants that he/she has the requisite authority to bind the party for whom
that person is executing.
This License is executed and shall become effective as of the last date signed
below.
CITY OF KENT LICENS ,
Print Name: Dana tRa — Prin�Na e: Thomas ppelhans
Its: Mayor _ Its: Property Owner
Date:--Lk- — _ Date: April 1, 2024
LIMITED LICENSE--Page 4 of 7
(between City of Kent and Applehans)
STATE OF WASHINGTON }
ss.
COUNTY OF KING }
I hereby certify that I know or have satisfactory evidence that Dana Ralph is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she is authorized to execute the instrument on behalf
of the City of Kent as its Mayor, and such execution to be the free and voluntary act of
such party for the uses and purposes mentioned in the foregoing instrument.
-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.
5Pp �ACC� Ihl
.�co�`� J j —l jC1�f1 L� - -
"-,"22000143 % NOTARY PUBLIC, in and for the State
.o a = of ,Washin ton residing
at
g 9
y 1i,+� 1�. ko;;'�P, My appointment expires ® �
//J j o`WAS;`1����
III
LIMITED LICENSE--Page 5 of 7
(between City of Kent and Applehans)
STATE OF WASHINGTON )
. ss.
COUNTY OF KING b�� ,quo p�han5
I he
certify that I know or have satisfactory evidence that Thomas J.
Applehans person who appeared before me, #aNsaiq#erson acknowledged that
hrrf5Yfe signed this instrument, on oath stated that euthorized to execute the
instrument on behalf of Licensee as its Property Owner, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-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.
,.� 'SITE T eOlI,
c,) s`' s� A NOTARY PUBLIC, in and for the State
y��� gG�e40 ti: ' of Washington, residing at f
;01 � ''i� =0 _' My appointment expires "Z ?-D
LIMITED LICENSE--Page 6 of 7
(between City of Kent and Applehans)
EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY
I
LIMITED LICENSE--Page 7 of 7
(between City of Kent and Applehans)
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EXHIBIT B
LIMITED LICENSE BETWEEN
THE CITY OF KENT
THOMAS J.and ROBERTA APPELHANS
The following generally describes the Shed and Fence described in the Limited License:
Shed: An enclosed structure located near the Southwest corner of the Appelhans property. It
straddles the property tine on the South,about 2/3 on the Appelhans property,and 1/3 onto the City's
property.Its depiction in Exhibit A to the License is accurate,and adopted herein by this reference.
Fence:A wooden fence constructed on embedded wooden posts located along the South property
tine of the Appethans property,extending West from the Shed's SW corner, parallel to the Shed and
the South property line to approximately 12' West beyond the SW corner of the home. It is
approximately the same distance onto the City's property as the South side of the shed.Its depiction
in Exhibit Ato the License is accurate,and adopted herein by this reference.