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.
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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
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