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HomeMy WebLinkAboutCAG2024-359 - Original - Jingna Property, LLC - Settlement Agreement Mill Creek Reestablishment - 7/25/24 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 07/23/2024 07/30/2024 QAuthorized to Sign: Date of Council Approval: Q �✓ Mayor or Designee Budget Account Number: Grant? Yes NoF-] Budget? Yes Type N/A AM, Vendor Name: Category: Jingna Property LLC Contract Vendor Number: Sub-Category: Other 0 Project Name: Mill Creek Reestablishment Project c Project Details: Final Settlement Agreement between the City and Jingna, along c with the referenced Deed And Easement. 40 c (11.111 Agreement Amount: $64 760 Basis for Selection of Contractor: EGJ *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 CAG2024-359 Comments: Mayor Ralph - Please sign the settlement agreement on the 5th page of this packet, then sign the acceptance on the 13th page of this packet. Thank c you! Cheryl R-W 3 0 a Date Received:City Attorney: 7/23/24 Date Routed:Mayor's Office 7/30/24 City Clerk's Office 7/30/24 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 SETTLEMENT 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 Settlement Agreement ("Settlement 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"). Mill Creek runs through 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: 24,628 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. Jingna granted the City possession and use of the Property, effective on March 21, 2024, and the City paid Jingna $62,260. D. The parties now desire to fully settle all claims for just compensation for a total of $64,760. In addition to this payment for just compensation, the City has already reimbursed Jingna $1,500 for the review appraisal it obtained and $5,000 in attorney fees paid by Jingna. The parties therefore agree as follows: Agreement 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 Jingna Settlement Agreement - Page 1 of 4 in any way to the City's acquisition of property rights and its use of the Acquisition Area for its Project. 2. Preoaration and Execution of the Easement. 2.1 Jingna will execute the Permanent Easement, attached as Attachment A, within 5 business days after the Effective Date. 2.2 Jingna will execute the Temporary Easement, attached as Attachment B, within 5 business days after the Effective Date. 3. Just Compensation Payment. In total, the City will pay a total of $64,760 (sixty-four thousand seven hundred sixty dollars) as total just compensation for the Permanent Easement and the Temporary Easement. 3.1 The City has already paid to Jinga: • $61,710.00 (sixty-one thousand seven hundred ten dollars) as just compensation for the Permanent Easement. • $550.00 (five hundred fifty dollars) as total just compensation for the Temporary Easement. 3.2 The City will pay Jingna an additional amount of $2,500.00 (two thousand five hundred dollars) no later than 20 business days after the Effective Date of this Agreement, except that the City is not obligated to make these payments if Jingna has not fulfilled the obligations within Section 2. 4. Construction of the Project. 4.1 The City will maintain ingress and egress to the Property for Jingna during construction. 4.2 Jingna's access across the stream will not be limited during construction, although there may be temporary impacts during construction. 4.3 Construction hours shall be Monday through Thursday after 5:00 p.m., and all day Friday through Sunday. 4.4 The City will notify Jingna at least 10 days in advance of the start of construction. Notice will be provided in accordance with Section 6. Jingna Settlement Agreement - Page 2 of 4 5. Scope of the Project. 5.1 As part of the Project, the City will re-establish the channel in Mill Creek and remove sediment within the channel. The Project does not include modification of the width or location of Mill Creek or its stream bed. However, the parties acknowledge that over time Mill Creek may change course naturally and that any type of natural change to the width or location of Mill Creek is beyond the City's control. 5.2 The City will not increase the height of the stream banks of Mill Creek as part of the Project. 6. Notice. Any notice required under this Settlement Agreement shall be provided as follows: CITY OF KENT Attn: Property Management/Cheryl Rolcik-Wilcox 220 Fourth Avenue South Kent, WA 98032 Phone number: (253) 856-5587 or (253) 856-5500 Email: CRolcik-Wilcox@KentWA.gov JINGNA Property, LLC Attn: Sharon Yuen 10911 Rainier Avenue South Seattle, WA 98178 Phone number: (206) 919-4101 Email: syuennaI5(&Qmail corn With copy to: herbna(cayahoo.com 7. Successors and Assigns. This Settlement Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns. 8. Amendments. This Settlement Agreement may only be amended in writing, signed by all parties. 9. 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. Jingna Settlement Agreement - Page 3 of 4 10. Execution in Counterparts. This Settlement Agreement may be executed in counterparts and/or transmitted electronically, and copies so executed or transmitted will be deemed originals. 11. Entire Aareement. This Settlement Agreement, together with all exhibits constitutes the entire agreement between the parties with respect to the subject matter of this Settlement Agreement. This Settlement Agreement is specifically intended by the parties to supersede all prior agreements whether written or oral. 12. Effective Date. The "Effective Date" of this Agreement is the last date signed below. CITY OF KENT JINGNA PROPERTY LLC By' Ralph By: Title: Mayor _ Title:_ Date: 07/25/2024 Date: Attachment List A - Permanent Easement B - Temporary Easement Jingna Settlement 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 IA 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 .J a �, Y , 2024, 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 areas immediately adjacent to Mill Creek with the necessary equipment and personnel for the purpose of inspecting and maintaining the stream channel established through the City's channel excavation/reestablishment project to control surface water, erosion, planting of native plants, maintenance of slope stability, drainage capacity, 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. Whenever the City enters the Easement Area to exercise its rights under this easement, the City shall maintain ingress and egress to the Grantor's property. 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 imited liability,company 'I By: G 4A Title: & Date: ? / 2b7 (Notary Acknowledgement on Next Page) Stream Channel and Access Easement Page 2 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that S'/,U�fC'aAJ YZ(9-41 11LL'$� /NA is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the Qw` S of 3INGNA PROPERTY, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: o�Ag(,L2o2-A -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. Notary Public State of Washington SAMUEL DE SAGUN LICENSE#21033 (Sig We) MY COMMISSION EXPIRES NOTARY PUBLIC, in and for the State S6PTEMBER25,2027 of Washington, residing at My appointment expires oyzv2 Stream Channel and Access Easement Page 3 EXHIBIT A TAX LOT 1322049131 THAT PORTION OF PARCEL "A" IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE S01032'42"W ALONG THE EAST LINE THEREOF, 942.46 FEET TO THE NORTH LINE OF A TRACT OF LAND CONVEYED TO C.A. NYSTROM AND HIS WIFE, BY DEED RECORDED UNDER RECORDING NUMBER 3066867, IN KING COUNTY, WASHINGTON, BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID NORTH LINE N88036'30"W 39.37 FEET; THENCE LEAVING SAID NORTH LINE N26°27'45"W 4.10 FEET; THENCE N8400711"W 66.04 FEET; THENCE N67°58'24"W 107.74 FEET; THENCE N57048'56"W 20.00 FEET; THENCE N55°40'10"W 41.44 FEET; THENCE NO2°21'38"E 16.31 FEET; THENCE N51°22'33"W 53.74 FEET; THENCE S36°20'34"W 14.05 FEET; THENCE N53039'26"W 15.46 FEET; THENCE S34°08'52"W 52.39 FEET TO A POINT OF TANGENCY WITH A 40.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 122°45'22", AN ARC DISTANCE OF 85.70 FEET; THENCE S01 023'30"W 20.00 FEET TO THE NORTH LINE OF SAID NYSTROM TRACT; THENCE ALONG SAID NORTH LINE N88036'30"W 295.08 FEET TO THE SOUTHEASTERLY LINE OF THAT TRACT OF LAND DEEDED TO THE CITY OF KENT UNDER RECORDING NUMBER 8107200169; THENCE ALONG SAID SOUTHEASTERLY LINE N34013'13"E 23.80 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE S88036'30"E 191.04 FEET; THENCE N34°08'52"E 208.11 FEET TO THE SOUTH LINE OF A TRACT OF LAND CONVEYED TO J.B. ANDERSON BY DEED RECORDED UNDER RECORDING NUMBER 3324079; THENCE ALONG SAID SOUTH LINE S88°45'56"E 4.09 FEET; THENCE LEAVING SAID SOUTH LINE S07027'59"E 29.25 FEET; THENCE S33041'54"E 41.36 FEET; THENCE S53020'50"E 35.95 FEET; THENCE S58°22'09"E 74.31 FEET; THENCE S69050'36"E 46.69 FEET; THENCE S80°14'34"E 54.66 FEET; THENCE N77048'06"E 32.45 FEET; THENCE S81°35'01"E 38.10 FEET; THENCE S09°00'13"E 16.28 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID EAST LINE S01032'42"W 38.08 FEET TO THE POINT OF BEGINNING. CONTAINING 24,628 SQUARE FEET, MORE OR LESS. PARCEL "A" PER AFN 20040907000642: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION 746.63 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO J.B. ANDERSON BY DEED RECORDED UNDER RECORDING NUMBER 3324079, WHICH IS THE TRUE POINT OF BEGINNING; THENCE SOUTH 195.83 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO C.A. NYSTROM AND HIS WIFE, BY DEED RECORDED UNDER RECORDING NUMBER 3066867, IN KING COUNTY, WASHINGTON; THENCE WEST ALONG THE NORTH LINE OF SAID NYSTROM TRACT TO THE EASTERLY MARGIN OF STATE HIGHWAY NO. 2; THENCE NORTHEASTERLY ALONG SAID HIGHWAY TO THE SOUTHWEST CORNER OF SAID ANDERSON TRACT; THENCE EAST ALONG THE SOUTH LINE OF SAID ANDERSON TRACT TO THE POINT OF BEGINNING, EXCEPT THAT PORTION OF THE WESTERLY 200 FEET (MEASURED AT RIGHT ANGLES TO THE HIGHWAY) OF SAID TRACT LYING NORTH OF THE SOUTH 20 FEET THEREOF, AND EXCEPT THAT PORTION THEREOF AS CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NUMBER 8107200169. ••M.....n46ry µ. o••' �.EE �yo 4av ... ........ ...d•'• F- m ,9b'Zb6-M,Zb,ZE.,IOS K M w H Z o uJ W c~i W _ U' N v W N 01 F- Z {1,1 m a v C Z - m O Q (9 Z o z N a pWp Q3 ui M U. U Q 0 O N LO I O I CD J O O X ZO d Q O H d F w N N I.n e Z rN'� CD z' �'y o ; O� o CN cq X F- U z Q LL a o J fn J 00 N X fD Q V F- I N W Z N N I N = a 0 z OZ � _ � OW O W o Z W Q) Z U Z N O N fl� N U O r7 \ O ? O J W \ \ Q W Z Q ~ F Z \ W H J O �� OrQ J= Z W < O Oz �zZ O z0 � ¢ o = wpm = Qo = QWZawu J Mtn outi wm 2z � vJ\ 2 OC)0z WWww gF � Oz� 0a � ATTACHMENT B After recording return document to: City Clerk City of Kent 220 411 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: Pm. NE '/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". Use of this Temporary Easement shall be limited to the hours of construction the Grantor and Grantee have agreed upon: after 5:00 p.m. on Monday-Thursday and any time on Friday- Sunday. 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 I of(3)Pages Parcel Number: 1 3 2204-91 3 1 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 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 tenns 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: , 2024 Jili�Property LLC By: /1f-4 Title: Accepted and Approved City of Kent DCLAr� By: Dana Ralph Mayor Date: July 25 2024 LPA-325 Page 2 of(3 )Pages Rey.5/2021 TEMPORARY EASEMENT STATE OF WASHINGTON ) )ss. COUNTY OF KING I certify that I know or have satisfactory evidence that his the person who appeared before me, and said person acknowledged that he/she signed this instrument,on oath and stated that he/she was authorized to execute the instrument and acknowledge it as the 0014� of Jingna Property LLC,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: oq-/o yOZ� -Notary Sea(Must Appear Within This Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. �� Notary Pnbiic State of Wasbiwol. (Prmte ame) SAMUEL UN NOTARY PUBLIC,in and for the State LICENSE#23033974 of Washington,residing at C�� MY COMMISSION EXPIRES My appointment expires dy SEPTEMBER 25,2027 LPA-325 Page 3 of(3)Pages Rev.5/2021 EXHIBIT A TAX LOT 1322049131 THAT PORTION OF PARCEL"A" IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SUBDIVISION;THENCE S01*32'42"W ALONG THE EAST LINE THEREOF,942.46 FEET TO THE NORTH LINE OF A TRACT OF LAND CONVEYED TO C.A. NYSTROM AND HIS WIFE, BY DEED RECORDED UNDER RECORDING NUMBER 3066867, IN KING COUNTY, WASHINGTON;THENCE ALONG SAID NORTH LINE 1\188°36'30"W 39.37 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION;THENCE LEAVING SAID NORTH LINE N26°27'45"W 4.10 FEET;THENCE N84407'1 VW 66.04 FEET;THENCE N67"58-24"W 107.74 FEET;THENCE N57°48'56"W 20.00 FEET;THENCE S32"09'53"W 14.65 FEET TO A POINT OF TANGENCY WITH A 50.00 FOOT RADIUS,CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 59°13'38",AN ARC DISTANCE OF 61.68 FEET; THENCE N88"36'30"W 42.27 FEET;THENCE S01"23'30"W 20.00 FEET TO THE NORTH LINE OF SAID NYSTROM TRACT;THENCE ALONG SAID NORTH LINE S88°36'30"E 278.49 FEET TO THE POINT OF BEGINNING. CONTAINING 6.496 SQUARE FEET,MORE OR LESS. PARCEL"A" PER AFN 20040907000642: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13. TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION;THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION 746.63 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO J.B.ANDERSON BY DEED RECORDED UNDER RECORDING NUMBER 3324079,WHICH IS THE TRUE POINT OF BEGINNING;THENCE SOUTH 195.83 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO C.A. NYSTROM AND HIS WIFE, BY DEED RECORDED UNDER RECORDING NUMBER 3066867, IN KING COUNTY,WASHINGTON;THENCE WEST ALONG THE NORTH LINE OF SAID NYSTROM TRACT TO THE EASTERLY MARGIN OF STATE HIGHWAY NO,2; ALONGTHENCE NORTHEASTERLY F SAID TRACT THENCE AST ALONGTHE SOUTH HIGHWAY SOUTHWEST TH LINE OF SAD ANDERSONTRACTTT O DERSON O THE POINT O BEGINNING, EXCEPT THAT PORTION OF THE WESTERLY 200 FEET(MEASURED AT RIGHT ANGLES TO THE HIGHWAY) OF COIT LYING NORTH OOUTH 20 FEET THEREOF,AND EXCEPT THAT PORTION DEED THEREOF RECORDED UNDER RECORDING NUMBEER 8107 00 AS CONVEYED TO THE CITY OF KENT BY '' >vEE•At••'•••y /iv Y jj ••.111.1....... . 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