HomeMy WebLinkAbout1982 - Settlement Agreement - McLees Gerald / McLees Donna / Fostoria Park Associates - 8210010841SETTLEMENT agreement
8210010841
82/10101
This Settlement Agreement ("Agreement ") is entered Into as of
tho above date between GERALD MCLEES and DONNA MCLEES ( "Melees ")•
C) FOSTORIA PAPk ASSOCIATES, a Washington general partnership ( "Associates "),
0 and POE CONSTRUCTION, INC., a Washington corporation ( "Poe ").
RECITALS
A. McLees clnmenced a lawsuit against Associates and Poe
under King County Cause No. 81- 2- "408 -0 ( "Actlo.i ") to establish the
location of the boundary line between property owned by McLees, which is
legally described In attached Exhibit A ( "&Lees' Property ") and pro-
perty owned )y Associates, which Is legally described In attached Exhibit
B ("Associate.' Property "), and to recover damages from Poe and Associates
caused by the removal of the lateral support from McLees' Property and
the cc of removing debris and unsuitable material deposited by Poe and
Associates on Mc Lees' Property. Poe answered McLees' Complaint and
crossclaimed against Associates for Indemnity. Associates answered
McLees' Complaint and counterclaimed against I"cLees for trespass and
damages from earth falling from Melees' Property onto Associates'
Property.
B. McLees, Associates, and Poe wish to settle all of the
claims, counterclaims, and crossclaims asserted In the Action on the
FILDD for Record at Request ott_
Name . ,,� /?/
Address.. �. /f
i E.CORD9.l H1; '• t ;
ki 1 3 o PH' /
;;;!'''ION Or•
iL
RECMO` � CfON S
KING r: ^UNi.
terms and conditions set forth In this Ao cement.
AGREEMENTS
1. The common bounia.y line between Melees' Property and Associates'
Property Is `•ho boundary line ns at forth In the survey oertormed by
Lund b Associates bearing King County Recording No. 7808119004 (the
"Lund Survey ") and title to McLees' Property and Associates' Property Is
quieted" in accordance therewith. The Lund Survey Is the controlling
survey as between It and the survey bearing King County Recording No.
78071290003.
2. Cash Payment. Concurrent with the execution of this
Agreement, Poe shall pay to Melees the sum of Two Thousand Five hundred
and No /100 (52,500.00) Dollars and Associates shall pay to McLeas the
sun of Five,Thousand and No /100 (55,000.00) Dollars.
3. Stipulated Judgment and Deed. Melees, Poe, and Associates,
and their respective attorneys, shall approve entry of a Stipulated
Judgment In the form attached as Exhibit C. Associates shall execute a
Quit Claim Deed In favor of Melees In the form attached as Exhibit D.
Hold Harmless. Associates grants to Melees the,right +o.
'enter Associates' Property for the purpose of performing any and all
grading, cuts, or other work necessary to the lowering of the grade of
Melees' Property or the construction of a retaining wall along the
common boundary line between Mclees' Property and Associates' Property.
Associates shall hold Melees harmless from any damage to Associates'
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land caused during such grading or construction grading or construction
shall be completed within a reasonable time following commencement of sale
work, provided, however, that upon completion of any grading or con-
_struction by Melees, McLean shall leave Associates, :nnd in as good or
better condition as It was In prior to commencement of the grading or
construction.
5. Succssurs. The benefits and obligations of the parties
to thii Agreement shall inure to the benefit of and be binding upon
.:,••",
their heirs, representatives, successors, assigns and agents.
MCLEES: ASSOCIATES
Fostoria Park ssoclates
By
POE
RALD R. CL ES
Poe
By
DON R M ES
es,A_ tot_
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EXHIBIT A
Parcel "A" - The southea,:terly 92.25 feet in width.
Tract 15, except the northeasterly 2/2.13 feet in width'
thereof, of Fostoria Garden Tract, according to t.e plat.
recorded in Volume 9 of Plats, page 15, In King County, '--
Washington. .
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Parcel "B" - The northwesterly 52.75 feet of the south-
eaaterly,145 feet of Tract 15, except the northeasterly .
• 202A.21bet therefrom, of Fostoria Garden Tracts, according
fC4hei'Flat recorded in Volume 9 of Plats, age
C6t,' Washington. •
Parcel."C"_- The northwesterly 127:25 feet in width of,)!::
Tract 15, except the southeasterly 30 feet in width of.the
•:.:fiCithiaiterly 282.12 feet thereof, of Fo3toria Garden.Tracii
-.'aceoraing to the Plat recorded in Volume 9 of Plats, page
, 95iS ,..King county, Washington: .
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EXHIBIT 3
All of Lot 17; and that portion of Lot 16, Fostoria
Garden Tracts, according to the ply_ recorded in Volume 9 of
Plats, page 95, in King County, Washington, described as
follows:
Beginning at the southwest corner of said Lot 16 and
running thence South 47° 12' East 175.3) feet; thence South
67° 43' East 20 feet; thence North 30' East 378 feet; ,thence
North 5° So' West 174.4 .feet to the west boundary of the
said Lot 16; thence South 40° 17' West along said West
boundary of said Lot 16, a distance of 491.6 feet to the
place of beginning;
EXCEPT'portion of Lot 17 conveyed to King County for
g road purposcs by deed recorded under Auditor's File No.
1006280; and EXCEPT that portion conveyed to the State of
O Washington for primary state highway No. 1 by deed recorded
r4 March 18, 1964, under Auditor's File No. 5712570.
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AND EXCEPT
Beginning at the N.E. corner of Tract 17, Fostoria
Garden Tracts as recorded in Volume 9 of Plats, page 95, in
King County, Washington; thence South 40° 17' West, 280 :yet
along the easterly boundary of said tract to the true point
of beginning; thence continuing South 40° 17' West 250 feet;
thence North 49° 43' West approximately 272 feet to the
northwesterly boundary of said Tract 17; thence North 40°
17' East 2c0 feet along said northwesterly boundary to a
point hereafter described as Point 'A'; thence South 49° 43'
East approximately 272 feet to the true point of beginning,
together, with an easement for roadway and utility . purposes
over and under the following described portion of said Tract
17.
t.
Beginning at Point 'A's thence South 49 °.43;, East 30
feet; thence North 40° 17' East approximately 165 feet
the southerly right -of -way margin of South 133rd Street;
thence westerly along said right -of -way to the northwesterly
line of said Tract 17. Thence South 40° 17' West to Point:1i,
'A' and the point of beginning.
Subject to an easement for roadway and utility purposes
over that portion described as follows:
Beginning at Point 'A'; thence South 49° 43' East 30
feet; thence South 40° 17' West 250 feet; thence North 49°
43' West 30 feet; thence North 40° 17' East 250 feet to
Point 'A' and the point of beginning, ALSO,
Beginning at the most southerly line of Tract 16;
thence North 40° 17' East along southeasterly line of said
Tract 16, a distance of 297.73 feet; thence North 40 °.43'
West parallel to the northeasterly line of said Trrct 16, a
distance of 137.29 feet; thence South 30° 00' East 327.77
feet; thence South 67° 43' East 82.11 feet to the point of
beginning and
Beginning at the most southerly line of Tract 16;
thence North 40° 17' East along southeasterly line 297.73
feet to the point of beginning; thence Korth 49° 43' West
137.29 feet; thence :4orth 30° East 50.23 feet; thence North
5° 58' West 174.4 feet to westerly boundary of said Tract
16; thence South 40° 17' East along said westerly boundary
359.99 feet more or less to the most northerly corner of
Tract 16; thence South 49° 43' East along northeasterly
boundary of said Tract 272.25 feet to southeasterly boundary
of Tract 16; thence South 4U° 17' West 530 feet to the point
of beginning.
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IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
GERALD M. and DONNA R. MCLEES, )
Plaintiffs, ) NO. 81 -2- 03408 -0
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v.
) STIPULATED JUDGMENT
FOSTORIA PARK ASSOCIATES, a Washington )
general partnership, and POE )
CONSTRUCTION, INC., a Washington )
corporation, )
Defendants. )
The parties, as evidenced by their Fignatures and the slgnatures of their
attorneys of record below approving entry of this Stipulated Judgment, hereby
state and agree that all claims, counterclaims and crossclalms alleged In this
Cause have been fully settled and resolved, and that Judgment should be entered
on the terms set forth herein, and the Court, having been duly advised of the
agreement and settlement and otherwise deeming Itself duly advised In the
premises, now, therefore,
IT IS ORDERED, ADJUDGED AND DECREED:
1. The common boundary between the real property owned by Gerald M.
McLees and Dorna R. McLees ( "McLees ") legally described as:
Parcel "A" - The so"theasteriy 92.25 fee In width of:tract
15, except the northeasterly 272.13 feet In width thereof,
of Fostoria Garden Tracts, according to the Plat recorded
STIPULATED JUDGMENT -1-
... .,._...... ..r,.�..»,k.�rU.w�vifi:�.�•.'J1 ..vMa:iF.±ti:^!t:.. •
NDNTODMCNV, •VADU(. •LANK,N21N1• s AUSTIN
1-70•Ntr• w• •wW
•C•TON •U:LDIwD
w•••■•OTDw ••1e•
..2.,000
}
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in volume 9 of Plats, page 95, King County, Washington.
Parcel "B" - The north..asterly 52.75 feet of the south-
easterly 145 feet of Tract 15, except for the northeasterly
282.12 feet therefrom, of Fostoria Garden Tracts, according
to The Plat recorded in Volume 9 of plats, page 35, In
Ki :Ig County, Washington.
Parcel ,'C" - The northwesterly 127.25 feet In width of
Tract 15, except the southeasterly 30 feet In width of the
northeasterly 282.12 feet thereof, of Fostoria Garden
fr>',cts, according to the Plat recorded In Volume 9 of
Plats, page 95, In King County, Washington.
(the "MbLees Property ") and he real property owned by Fostoria Park Associates
( "Associates ") and Iegatly described as:
All of Lot 17; and that portion of Lot 16, Fostoria Garden
Tracts, according to the plat recorded In Volume 9 of
Plats, page 95, in King County, Washington, described as
follows:
Beginning at the southwest corner of sald Lot 16 and
running thence South 47'12' East 175.31 feet; thence South
67'43' East 20 feet; thence North 30' East 378 feet;
thence North 5' 58' West 174.4 feet to the West boundary
of the said Lot 16; thence South 40' 17' West along said
Wu.t boundary of said Lot 16, a distance of 491.6 feet to
the place of beginning;
EXCEPT portion of Lot 17 conveyed to King County for
road purposes by deed recorded under Auditor's File No.
1006280; and EXCEPT that portion conveyed to the State of
Washington for primary state highway No. 1 by deed recorded
l•larch 18, 1964, under Auditor's File No. 5712570.
AND EXCEPT
Beginning at the N.E. corner of Tract 17, Fostoria Garden
Tracts as recorded In Volume 9 of Plats, page 95, In King
County, Washington; thence South 40' 17' West, 280 feet
along the easterly boundary of said tract to the true
^•'nr .f .tn !nning; thence continuing South 40' 17' West
2 1 feet; thence North 49' 43' West approximately 272 feet.
STIPULATED JUDGMENT -?-
..OHTOO.I[RV, •URDU[. BLANKIHSHIP • AU•TIN
A1TO0N1.1 AT LAW
1.1. ..Ow10R tY.l •••
, wA.M.MO•J.. ...1).
�,.,_,.._. .__ _ __'..' ,,....s„�.uAf.'4n•Jne7r a'af.a ..
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to the northwesterly boundary o said Tract 17; thence
.'brth 40° 17' East 250 feet al..Ig said northwesterly
boundary to a point hAreafter described as Point 'A';
thence Soatn 49° 43' .ast approximately 272 fast to the
true point of hagInnIng, together, with en etsement for
roadway and utility purposes over and under the following
described portion of said Tract 17.
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Beginning at Point 'Al; thence South 49° 43' East 30 feet;
thence North 40' 17' East approximately 165 feet to the
southerly rIght -'f -way to the nort'...,.es' rly line of sald
Tract 17. Thencc South 40' 17' West to Point 'A' and the
point of beginning.
Subject to an easement for roadway and utility purposes
over that portion described as follows:
Beginning at Point 'A'; thence South 49' 43' East 30 fret;
thence £:::tn 40' 17' West 250 feet; thence forth 49' 43'
West 30 fe t; thence North 40' 17' East 250 feet to Point
'A' and the point of beginning, ALS0,
Beginning at the most southerly line of Tract 16; thence
North 40' 17' East along southeasterly line of sald Tract
16, a distance of 297.73 feet; thence North 40' 43' West
parallel to the northeasterly line of sald Tract 16, a
distance of 137.29 feet; thence South 30' 00' Eest 327.77
feet; thence South 67' 43' East 82.11 feet to the point of
h,--"Inning and
Beginning at the most southerly Ilne of Tract 16; thence
North 40' '7' East along southeasterly line 297.73 feet to
the point of beginning; thence North 49' 43' West 137.29
feet; thence North 30' East 50.23 feet; thence North 5'
58' West 174.4 feet to westerly boundary of said Tract 16;
thence South 40' 17' East along said westerly boundary
359.99 feet more or less to the most northerly corner of
Tract 16; thence South 49' 43' East along northeasterly
boundary of said Tract 272.25 feet to southeasterly boundary
of Tract 16; thence South 40' 17' West 530 feet to the
point of beginning.
O
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(the "Associates Property ") Is the boundary line as set forth in the survey_
performed by Lund E Associates bearing King County Rec'rding No. 7808119004,
STIPULATED JUDGMENT -3-
N ONTOONCI.Y. •UNOU[, BLANKINBNIP & AUSTIN
•TTDIIN•Y• AT LAW
'silk MO•TD• °U'4DIN0
••nu, Nw•NINDTDN ••ID•
••••TD.D
and title to the McLees' Property and the Associates' Pro ?erty Is qu!cteJ In
2. McLees Is authorized and entitled to enter the Associates' Property
for the purpose of performing any and all gradiny, cuts or other work necessary `!:r
to lower the grade of the McLees' Property or to the consiruction of a retalnIng'sh'�
wall along the common boundary line between the McLees' Property and the
Associates' Property. McLees shall have no !lability to AssoclatAS for any..
damage to the Associates' land caused during such grading or construction,:,:
which grading or construction shall bo complMtad wlthfr, a reasonable time,,;;'•:
following commencement of said work, If McLees leaves the Associates' land 1n;,s`,I;
.� .,.,.,� hr better condition as It was in pr for io commencement of the gfbd,ln�'; ti
3. All claims, counterclaims, and crossclaims for money damages essert
In this action are dismissed with preju' ice and without costs.
IN OPEN COURT this day of October, 1982. 4 1;
M.Z
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JUDGE /Court Commiss {oner 4ii7i::'
I t-SAEL E. GOSSLER o; Montgomery,
Purdue, Blankinship b Austin
Attorneys for Plaintiffs
MONTOOM[1NY. PUNDU[. OLANKINOMIP�'► AUOTIN`��Q11.
•n Al 1.100•• • •'f '!}'
I•I• NO•9ON •VILDIN• r }j
•,.99i•. ■■••■■D+ON ••1D• _ ,.,•"S
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Copy Received, Notice of Presentation
Waived and Approved For Entry By:
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GERALD M. MCLEES
TCF.IA PARK ASSOCIATES
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WILLIAM R. FRIEDHOFF, JR. of Ryan,
Swanson, (lender & Cleveland
Attorneys for Fostoria Park
POE CONSTRUCTION, INC.
JOHN Q. POWERS of Lee, Smart, Cook
& Martin
Attorneys for Poe Construction
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STIPULATED JUDGMENT -5-
MO4TOOM[RY. ►URDU[. I1.421M111 •.AUSTIN'
AT AT law
111* wDATOM DOMDINO
ttwntt. ww{w1natow ♦RIO•
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. ___ ',.• ,14i.%..Wiw+M'YI.:iJY.lYaw:� .. .
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ePIONEER NAT. 'ANAL
ITt E INSURANCE
A TIC.OR COMPANY
Filed for Record at Request of
AFTER RECORDING MAIL TO:
Michael E. Gossler
1515 NOrten bldg.
Seattle. WA 98104
1H $ SP.CE RIMINIO'Of AF CO[D(RS Ua
Quit Claim Deed
(CORPORATtt FORM) -
IN WITNESS WHEREOF, uid RQVARCs7lWQcaused this Instrument to be executed 1{pAtssxp»operxsAAe(xnt •.
nedarsmapenatwoixwtotitumonamelfsced this day of October , 1982 • S.?1't e,' , .
EOST.OR.I,A..PAf3K ASSOC.IAIES.__......__._.: M » .-
STATE OF WASHINGTON
)ss.
COUNTY OF KING
On this day of October, 1982, before me a Notary Pub lc In and for
the State of Washington, personally appeared Robert E. Sto seth,ta generalppartner of
Fostoria Park Associates, a 'Washington partnership,
described In and who executed the foregoing Instrument and he acknowledged to me that
he signed and sealed the same as his free and voluntary act and deed and as the free
and luryoact
the and
e and purposes
deed fid arthershipmours 'ant to due authority and author-
1.
IN WITNESS WHEREOF, I have hereunto set my and and affixed my off{clalc.
seal the day and year first above written.
NOTArCY PUBLIC, In and for the State Of
Washington, residing at