HomeMy WebLinkAbout2004 - Possession and Use Agreement - The McKinney Family Partnership LP - 20040506003029Return Address:
CITY OF TUKWILA
City Clerk's Department
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433 -1800
Document Title(s): PQ5SCS64;A/ »A119 USE r z4 1 <<r/f
20040506003029
McKinney Family Partnership
3742 South 144th Street
Parties:
Other:
City of Tukwila, Washington
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Last Name
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Company Name (if business)
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Address
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Assessor's Property Tax Parcel /Account Number(s):
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CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
First Name
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State
RC3/
Zip
/52309?o8S
Public Works: 2/25/97
After recording return document 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 TUKWILA
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 -9088
POSSESSION AND USE AGREEMENT
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 "Owners and the City of Tukwila, a Washington municipal
corporation, hereinafter referred to as the "City
WITNESSETH
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 col trary
to the public interest;
F. A. No. STPUL 99
1 of 4 pages Parcel No. 152304 9088
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 jusi 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. 152304 -9088
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
Department.
Dated C6/C2,
Accepted and Approved:
THE MCKINNEY FAMILY CITY OF TUKWILA
PARTNERSHIP, L.P.
By: VV4 kN/\ ct Q4
St
v n M. Mullet
Mayor
Date: 1/43/24/
F. A. No. STPUL 99
Page 3 of 4 pages Parcel No. 152304 -9088
POSSESSION AND USE AGREEMENT
STATE OF WASHINGTON
COUNTY OF KING
On this day of 2003, before me personally
appeared LARRY H. MCKINNEY, to me known to be the General Partner of the limited
partnership that executed the foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said limited partnership, for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
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Notary (print name) DQrjnrk i4 3(.61W
Notary Public in and for the State of Washington,
residing at ZLLsc W
My Appointment expires
F. A. No. STPUL 99
Page 4 of 4 pages Parcel No. 152304 -9088
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