HomeMy WebLinkAbout2004 - Possession and Use Agreement - The McKinney Family Partnership LP - 20040506003030
CITY OF TUKWILA
City Clerk's Department
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433 -1800
i5Z3cy
City of Tukwila Washington
20040506003030
McKinney family Partnership
3742 South 144th Street
CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
Document Title(s): P06-5c irA/ X94 /72
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Last Name First Name Initials
7711 /t9c.k?rvr/r-'/ FAVt_ mxm'F t G P
Company Name (if business)
/1 NF_ 179 Sr
Address
City
Assessor's Property Tax Parcel /Account Number(s):
/5".3oV
1v 49
State Zip
Public Works: 2/25197
After recording return docurnent to:
City of Tukwila
Public Works Department
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Document Title: Possession and Use Agreement
Grantors: THE MCKINNEY FAMILY PARTNERSHIP, L.P., a Washington limited
partnership
Grantee: CITY OF TUKWZLA
Legal Description: SE SW, Sec. 15, Township 23 North, Range 4 East, W.M.
Additional Legal Description is on Exhibit A of Document.
Assessor's Tax Parcel Number: 152304- 9295 -07
POSSESSION AND USE AGREEMENT
WITNESSETII
This AGREEMENT is made and entered into by and between THE MCKINNEY
FAMILY PARTNERSHIP, L.P., a Washington limited partnership, hereinafter
referred to as the "Owner?, and the City of Tukwila, a Washington municipal
corporation, hereinafter referred to as the "City
WHEREAS, the City affirms that the Owner's real estate described herein is required by
the City for immediate construction of a transportation project.
AND WHEREAS. the City affirms that any delay in its construction program is contrary
to the public interest;
F. A. No. STPUL 99
1 of 4 pages Parcel No,
POSSESSION AND USE AGREEMENT
AND WHEREAS, the City will make a firm and continuing offer to pay just
compensation in an amount to be determined by the city based on an appraisal for the
purchase of the following described real estate situated in King County, in the State of
Washington:
See Exhibit A attached hereto and made a part hereof
NOW THEREFORE, the Owner hereby grants to The City a right to possess and use the
above described real estate and the parties further agree that:
1. The real estate is necessary for a public use of the City of Tukwila.
2, The City will issue a warrant in payment to the Owner for the agreed to
negotiated just compensation amount when all parties have agreed to same,
subject only to deduction of the value of interests of others therein.
3. Execution of this agreement by the undersigned part shall not prejudice such part
right to subsequent adjudication of just compensation pursuant to state law, and
neither shall this agreement, nor the basis therefore, be construed as an admission
of fair market value or just compensation by any of the parties named herein..
4. If it becomes necessary for the City to institute condemnation proceedings, the
Owner has no objection to the City entering an Order Adjudicating Public Use, as
provided by RCW 8.04.070, and agree that this instrument shall be treated as
having the same legal effect as an Order for Immediate Possession provided by
RCW 8.04.090, et seq., which, by this reference, are incorporated herein as if
fully set forth,
5. The date of valuation for the determination of just compensation shall be the date
that the review appraisal is accepted and approved by the City's Director of
Public Works.
6. The Owner hereby waive the requirement of a written notice to move, as provided
by RCW 8.26.180, and will surrender possession of the above described real
estate to the City upon payment.
F. A. No. STPUL 99
Page 2 of 4 pages Parcel No.
POSSESSION AND USE AGREEMENT
7. Nothing herein shall preclude the City from hereafter changing its plans to
increase or decrease the nature or extent of the acquisition nor from mitigation of
damages. If the acquisition is enlarged a supplemental Possession and Use
Agreement is contemplated.
It is understood and agreed that delivery of this agreement is hereby tendered and that the
terms and obligations hereof shall not become binding upon the City of Tukwila unless
and until accepted and approved hereon in writing for the City of Tukwila, Public Works
Departatent.
Dated A3 /z4- /01 1)63
TFIE MCKINNEY FAMILY CITY OF TUKWILA
PARTNERS IT' Lk.
f
L H.
Gent ral P
er
ey
�.l n
Date: Ll,(ro l 0;
Accepted and Approved:
By:
St Mullet
Mayor
Date: 0.3/24 jek
d ean ik"lA/NcA.04-7F
F. A. No. STPUL 99
Page 3 of 4 pages Parcel No.
POSSESSION AND USE AGREEMENT
STATE OF WASHINGTON
County of
On this n day of Ge.CI t? 2003, before me personally
appeared _µ�E_vuvsl and
to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they
signed the same as their free and voluntary act and deed, for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
SS.
Notary (print name)
Notary Pub k and for the S tie of Washington,
residing at 'r 33
My Appointment expires p-i) L�l a
F. A. No. STPUL 99
Page 4 of 4 pages Parcel No.
EXHIBIT A
80
Ann
War
EASEMENT ACOUSRION
RIGHT-OF-WAY ACCUISiflON
PARCEL AREA= 21011 SF t
RIGHT —OF —WAY
ACOUISRION= 1958 SF
PARCEL REMAINDER= 19053 SFt
EASEMENT ACOUISRION= 400 SF
PERTEET
ENGINEERING, INC.
Ctvtl and Transportation Conmltanb
TIME RIGHT —OF —WAY PARCELS
PARCEL tames? 8