HomeMy WebLinkAboutPW1997-0223 - Original - Michael, Daniel and Carol Carpinito - 277th Corridor Right of Entry - 03/28/1997 277th CORRIDOR RIGHT OF ENTRY AGREEMENT
This Agreement is entered into the day and year last below written, between
Michael Carpinito, Daniel Carpinito and Carol Carpinito (the "Owners") and the City
of Kent, a Washington municipal corporation (the "City").
RECITALS
The City is in the process of negotiating for, and acquiring, right of way for the
improvement of South 277th Street, King County, Washington, between the cities of
Auburn and Kent.
The Owners own property adjacent to the proposed improvements in the area
of the extension of South 277th Street and west of the Green River (the "Carpinito
Property"), designated as Parcel 47 - #T273950, which is more particularly described
in Exhibit A, attached and incorporated by this reference. The City intends to acquire
a portion of the Carpinito Property for the above-stated purpose.
The City has negotiated for the acquisition, in lieu of immediate condemnation,
of the property owned by the Owners, described on Exhibit B, attached hereto and
incorporated herein by this reference (the "Taking Property").
The City and the Owners have negotiated for, and agreed upon, acquisition of
the Taking Property in the form of land, mitigation and alternate methods for
determining compensation, and desire to reduce that agreement to writing.
AGREEMENT
Now, therefore, in consideration of the mutual agreements, covenants and
conditions herein, the parties agree as follows:
I. As to the Taking Property, the Owners agree that said property is being
acquired by the City for a public use, agree that the City has requested
immediate possession and use, agree to immediate possession and use of said
property by the City and, should the City commence eminent domain
proceedings for the Taking Property, agree to stipulate to an Order of Public
Use and Necessity in that action.
II. Compensation for the Taking Property shall be paid as follows:
ORIGINAL
A. As part consideration for the City's use of the Taking Property, and
upon receipt of all invoices (with appropriate backup) the City will
reimburse Owners for legal and expert opinion fees incurred by Owners
to date arising from Owners' assessment of the City's potential
condemnation and negotiation of this Agreement.
B. The City shall use its best efforts to obtain title to adjacent real property
for "Replacement Property" purposes and deed title to the Replacement
Property to the Owners. Title to the Taking Property and title to
Replacement Property shall be "fee simple", except that said properties
do not include development rights which are currently held in trust by
Metropolitan King County under the Farmlands Preservation Program.
The Replacement Property shall be acquired according to the following
order of preference:
I. First, from the landowners immediately to the west of the
Carpinito Property, which property (the "Monk Property") shall
be of even width and contiguous with the Carpinito Property's
west boundary. Due to the difference in quality of the property
to be acquired, the Monk Property shall be 455,221 Square feet
in area(a ratio of 1.2446:1, as compared to the Taking Property
area of 365,757 square feet).
2. Second, in the event that the City is unable to obtain title to the
property identified in Section II.A.1, above, the City shall use its
best efforts to obtain the Replacement Property from King
County, which real property abuts, and lies to the
north-northwest of, the Carpinito Property. The configuration
of such property shall generally be that which is currently being
farmed by Owners. Replacement Property from King County
shall be in a 1:1 ratio to the Taking Property.
3. The square footage of Replacement Property (Monk Property or
King County Property) shall be adjusted(in accordance with the
applicable ratio) in the event that the Taking Property is adjusted
according to the terms of this Agreement.
C. In the event that the City, after using its reasonable best efforts, is
unable to obtain Replacement Property, located at II.B, above the
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parties shall negotiate a dollar compensation with the Owners and, in
the event that an acceptable dollar compensation cannot be agreed
upon, the issue of compensation shall be heard and determined by a
jury in an eminent domain proceeding as provided by Title 8, Rev.
Code of Washington. In the event that the issue of compensation is
tried under said statutes, the provisions therein for payment of
reasonable attorney fees and reasonable expert witness fees shall apply,
because the Owners, pursuant to Section I, agree to immediate
possession and use of the Taking Property. The City shall serve a
written statement of total just compensation prior to trial, as provided
in RCW 8.25.010, or as otherwise provided by statute. In considering
the issue of compensation for damage to the remainder of the Carpinito
Property, any improvements made pursuant to this Agreement, or
compensation paid by the City toward such improvements, may be
considered to the extent that they mitigate, or compensate for, such
damages.
III. As part of this Agreement and as part consideration for immediate possession
and use, and other covenants and conditions contained herein, the parties
additionally agree as follows:
A. City shall, at its cost, provide a recorded survey for any property
conveyed, including new boundary lines.
B. City shall seek a temporary permit from King County Parks
Department along the Green River for farming access to and from the
Carpinito Property to property lying immediately south of proposed
South 277th Street, which shall be for a term until development occurs
on the property to the south and it is no longer available for farming
purposes. The access route, which shall be twenty-four (24) feet in
width, shall be via the King County Parks property lying under the
future 277th Street Bridge,which access route shall be available for use
by the Owners during construction of South 277th Street.
C. Even though Owners have granted immediate possession and use to the
City, Owners will be permitted to continue to occupy, for farming
purposes, the Taking Property until construction work begins on South
277th Street;provided that at that time, without prior institution of suit,
Owners shall peaceably remove from and vacate the Taking Property.
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During construction of South 277th Street, Owners shall be permitted
access across South 277th Street from the Carpinito Property to the
farmed property on the south of South 277th Street, with farm
equipment and vehicles in conjunction with farming operations, so long
as that equipment and vehicle movement does not interfere with the
construction of South 277th Street. During construction only, the City
shall provide one temporary gravel crossing for such access at the
existing location of"I" Street to the south.
D. The City shall contribute to Owners a portion of the costs to construct
a piped culvert drainage system on the Carpinito Property to the north
of, and running west to east along, the Taking Property, which will
connect to the piped outlet to the Green River across King County
Parks Department property. The City's contribution shall be $20,000.
The drainage system shall be connected to the drainage ditch
constructed in So. 277th St. right-of-way that connects through King
County Parks property to outfall into the Green River.
E. Further, Owners shall obtain a wetland delineation for that portion of
the Taking Property along the southern border of the Carpinito
Property, which would be used to construct the drainage system
described in Subsections III.E.I and 4, below. The City shall take the
following steps in the event the Owners' final delineation shows no
wetlands or partial wetlands.
1. Install a drainage ditch along the entire northerly portion of the
southerly parcel of the Taking Property. The west
approximately 1,100 feet will be a minimum of three feet (3')
deep. The ditch will have a pipe connection at the east end and
outfall into the Green River. See attached Exhibit C for detail.
2. Install the underground piped drain outlet to the Green River
(invert elevation of the outlet pipe on end, at river, to be
elevation 34.0 or lower). The west end will have an elevation of
35.2. The basin outfall at the river will have a back-flow
preventer (flapgate valve). See attached Exhibit C for detail.
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3. Exercise its reasonable best efforts to keep the open ditch
system clean of obstructions to the extent of its authority.
4. In the event that the wetlands delineation shows the existence of
some wetlands, redesign the improvements in III.E.1 and 2,
above, to accommodate the existence of such wetlands. The
ditch design is intended to be as delineated on the attached
Exhibit C. The controlling design parameters shall be (a) the
three (3) foot depth at the west end; (b) the plug spacing to
separate the wetlands westerly, and (c) the minimum slope
gradient easterly as shown on Exhibit C. In the event that the
existence of wetlands does not permit the construction of the
entire ditch as shown on Exhibit C, to the extent possible the
easterly extent of the ditch shall be constructed to the profiles
and depths applicable to that portion (which may mean that the
beginning westerly depth exceeds three (3) feet). The
construction of the ditch is subject to the approval of King
County and possibly the U.S. Army Corps of Engineers and the
City shall use its best efforts to obtain approval in accordance
with the attached Exhibit C. Should the City be unable to obtain
such approval substantially in compliance with Exhibit C, the
Owners shall have the right to apply and/or present evidence to
such reviewing agencies for reconsideration of the decision and
the design approval.
F. However, the improvements in III.E.I and 2, above, shall not be
constructed upon the occurrence of any one of the following conditions:
I. the wetland delineation shows the entire property inventoried to
be wetlands, or
2. the wetland delineation shows so much thereof to be wetlands
as to make the improvements contemplated negligible, or
3. Owners have not had such wetland delineation completed and
delivered to the City by May 15, 1997.
G. In the event that the property allotted for the improvements in Section
IILE, above, is not utilized, either in whole or in part, the excess shall
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also be re-conveyed to Owners, and shall be reduced from the Taking
Property for purposes of compensation in the form of Replacement
Property or dollar consideration (under Section III.D, above), as the
case may be.
H. The City shall install the following ingress/egress improvements to
Carpinito Property as part of the final 277th Roadway Project:
l. A driveway entrance with a culvert from the Carpinito Property
through the Taking Property to the roadway. The driveway shall
have a sixty (60) foot wide throat over the culvert, with a forty-
five (45) foot turning radius. It shall be installed near the
location of the existing driveway, where it meets the boundary
between the Carpinito Property and the Taking Property. The
existing driveway shall be realigned at more of a ninety (90)
degree angle than the existing driveway configuration.
2. The City shall install a second driveway with culvert across
from the current (Auburn) I Street right-of-way, with a gravel
approach, a sixty (60) foot wide throat over the culvert and a
forty-five (45) foot turning radius.
I. Where boundaries are relocated as a result of the acquisition, the City
shall install new five foot(5')high, six wire, heavy gauge barbed-wire
fence, with six inch (6") treated cedar peeler pole supports. The City
shall reset two gates on the Carpinito/King County Parks Department
boundary at their current locations (generally as relocated by the
boundary change). In the event that the City obtains and exchanges to
Owners, the property identified in Section ILA.1, above, the City shall
relocate the two existing gates on the Owners' new west boundary
generally consistent with existing gate locations before the boundary
change. If the gates are damaged by the City's contractor, the
replacement gates will be 16-foot heavy metal Powder River--heaviest
gauge available.
J. City shall construct, for the use of the Owners, two 12-inch PVC
conduits beneath South 277th Street at existing grades and locations of
Owners' irrigation lines on the Carpinito Property (approximately 800
feet from west line and 400 feet from east line of Carpinito Property)
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for the exclusive purpose of temporarily constructing and maintaining
private irrigation lines across South 277th Street. The conduits shall
span the City right-of-way from the northerly to the southerly
boundaries. At the time farming activity on the property south of South
277th Street ceases, the permission granted herein shall cease and the
City shall be permitted to plug the conduits. The City shall compensate
Owners $1,000 for disassembly and reassembly of the irrigation lines
within the conduits.
K. If any material, including topsoil or other soil material, is surplused
during the construction of South 277th Street or the Green River bank
stabilization project, such material shall be made available free of
charge to Owners on the Owners adjacent property before other
disposition is made of it. Owners shall be responsible for acquiring any
necessary permits from King County for storage of the same.
L. The City shall request that Metropolitan King County provide a 30-feet
wide access and maintenance easement to Owners for irrigation pump,
suction line and electrical service over the existing 6-inch irrigation line
from the Carpinito Property to Green River, and shall exercise best
efforts in assisting Owners to obtain such easement. If agreeable to
Owners and Metropolitan King County, the location of the easement
may change to accommodate both parties.
IV. IF, upon the occurrence of all the following events:
A. The Replacement Property is not obtained and Owners either agree to
and are paid compensation for the Taking Property, or receive
compensation through eminent domain proceedings pursuant to Section
II.B, above; and
B. The property to the north of the Carpinito Property, identified in
Section II.A.2, above, is annexed into the City of Kent within ten (10)
years from the date of this Agreement; and
C. Metropolitan King County transfers ownership of said property to the
City;
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THEN, the City agrees to sell to Owners an amount of property which would
have been Replacement Property under this Agreement, for the dollar
compensation received by Owners, as identified in Section II.B, above;
SUBJECT TO such restrictions as may exist on the transferability of such
property and the approval of the Governing Body of the City of Kent,
Washington.
V. All work to be performed under this agreement shall be performed in a timely
and workmanlike manner, with due regard for scheduling and other
considerations attendant with the project involved. All work to be performed
shall be performed at the expense of the party required to perform the work,
unless otherwise specified herein.
VI. All provisions for contributions, compensation and mitigation have been fully
negotiated between the parties.
VII. The parties agree to execute all documents reasonably necessary to effectuate
the purpose of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date set forth below.
OWNERS IT KENT
By. By:
Michael A. Carvini.o Its: ,� Wit NV4yt
Dated: Date '
APPROVED AS TO FORM:
By ZBy: L
Dani:-,jl T arpinit =cxt Roger A. Lubovich, City Attorney
Dated: S"•2$
By: JL ,
Carol A. Carpinit
Dated: 7'
U:\DOC\F I LE S\96 P L0050\AG REEMN T.3
8
A. L.T.A. COMMITMENT Order No . 273950��AILC�L 4-7SCHEDULE
Page 2
The land referred to in this commitment is situated in the county of
King, state of Washington, and described as follows :
That portion of Sections 30 and 31 , Township 22 North, Range 5 East,
W.M. , in King County, Washington, described as follows :
Commencing at the West quarter corner of said Section 30 , Township
22 North, Range 5 East W.M. , in King County, Washington;
thence along the East-West centerline of said Section 30 , south
39001 , 26" east 1, 224 . 49 feet distant to a point on the line of
ordinary highwater of the Green Riser;
thence continuing along said centerline of Section 30 , south
89001126" east 773 . 52 feet distant to a point on a line concentric
with and 150 feet westerly of the too of the left bank of the Green
River, said point 'tying west 89001 ' 26" west 488 . 61 feet from the
existing King County Survey Monument at the center of said
Section 30 ;
thence Southerly along said line the following courses :
Isouth 20043119" west 101 . 57 feet , south 38039110" west 478 . 32 feet ,
south 08032 ' 59" west 301 . 13 feet , south 26018126 east 426 . 94 feet,
south 47015 ' 03 " east 241 . 75 feet, south 43024122 " east 386 . 06 feet
to the TRUE POINT OF BEGINNING;
thence south 43024122" east 126 . 51 feet , south 28005 ' 37" east
264 . 54 feet, south 11005128" east 349 . 22 feet, south 24036153 " east
f 137 . 00 feet, south 48051 ' 53 " east 163 . 00!I fee: , south 58026 ' 53" east 323 . 00 feet, south 69°30 ' 30" east 382 . 73 fees, south 51031153 " east
157 . 00 feet , south 03031153 " east 247 . 00 feet, south 14001153 " east
211 . 00 feet , south 30001153 " east 292 . 00 feet, south 42027 ' 34" east
I 172 . 51 feet, south 46°26133 " east 789 . 44 feet, to a point on the
easterly extension of the south line of the R. H. Beatty D . L. C.
Numbers 37 and 44 ;
thence north 89100 ' 01" Nest along said line a distance of
2 , 255 . 93 feet to the northeast corner of the Cox D . L. C . , which point
is also the southeast corner of said R.H . Beatty D. L. C. Numbers 37
and 44 and northwest corner of the G. E . King D . L. C. Number 40 ;
thence along the east line of said Beatty D . L. C . north 00035106"
east 2 , 638 . 59 feet to the northeast corner of the Beatty D . L. C. ;
thence south 88056 ' 30" east 112 . 35 feet to the TRUE POINT OF
BEGINNING.
END OF SCHEDULE A
I
EX H I H IT.,,L
I
I
I
PCL 47
CARPINITO RIGHT-OF-WAY
That portion of Section 31, Township 22 North, Range 5 East, W.M., in King County,
Washington described as follows:
Beginning at the northeast corner of the W.A. Cox D.L.C. Number 38, which point is also
the southeast corner of the R.H. Beatty D.L.C. Numbers 37 and 44 and the northwest
corner of the G.E. King D.L.C. Number 40; thence along the east line of said Beatty D.L.C.
North 00034'56" East 98.00 feet; thence South 89040'09" East 848.81 feet; thence North
83055'53" East 1,145.32 feet more or less to a point on the southwesterly property line of
that portion conveyed to King County and recorded under King County Auditor's File
Number 8003079002; thence South 46°2633" East along said southwesterly line 367.99
feet to the north line of said G.E. King D.L.C.; thence North 88°59'57" West along said
north line 2,255.72 feet to the POINT OF BEGINNING.
AREA = 323,860 S.F.
EXHIBIT r5 (ZPAAFs�
LEGALS/CARPRO W 277
PCL 47
PROPERTY FOR KING COUNTY
PARKS FROM CARPINITO
That portion of Section 31, Township 22 North, Range 5 East, W.M., in King County,
Washington described as follows:
Commencing at northeast corner of the W.A. Cox D.L.C. Number 38, which point is also
the southeast corner of the R.H. Beatty D.L.C. Numbers 37 and 44 and the northwest
corner of the G.E. King D.L.C. Number 40; thence along the north line of said Cox D.L.C.
South 88°59'57" East 2,255.72 feet more or less to a point on the southwesterly property
line of that portion conveyed to King County and recorded under King County Auditor's File
Number 8003079002 thence North 46°26'33" West along said southwesterly line 489.44
feet to the TRUE POINT OF BEGINNING; thence North 46026'33" West along said
southwesterly line 300.00 feet; thence North 42027'34" West 172.51 feet; thence North
30001'53" West 292.00 feet; thence North 14°01'53" West 211.00 feet; thence North
03031'53" West 247.00 feet; thence North 51"31'53" West 157.00 feet; thence South
31°52'38" East 224.37 feet; thence South 00038'01" East 337.47 feet; thence South
31°52'01" East 421.53 feet; thence South 52°25'19" East; 409.49 feet to the TRUE POINT
OF BEGINNING.
AREA = 41,902 S.F.
EXHIBIT.! (PaF- z )
LEGALS/CARMCM.277
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