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Home My WebLink About2002 - Possession and Use Agreement - Puget Sound Energy - 20020926001814o 0 0 Ca c 0 0 Return Address: THE CITY OF TUKWILA Public Works 6300 Southcenter Blvd., 100 Tukwila, WA 98188 Document Title(s) (or transactions contained therein): 1. Possession and Use Agreement Reference Number(s) of Documents assigned or released: (on page of document(s)) Grantor(s) (Last name first, then first name and initials) 1. Puget Sound Energy, Inc. 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) t CITY OF TUKWILA 2. Additional names on page of document. Legal description (abbreviated: i.e., lot, block, plat or section, township, range) A portion of the East of the Northwest of Section 25, Township 23 North, Range 4 East, W.M., King County, Washington 0 Additional legal is on page of document. Assessor's Property Tax Parcel /Account Number 252304-9050; 252304-9051 wi DU i� 20020926001814 PAGE TUKWI001CIITY002RG 30.00 09/26/2002 14:49 KING COUNTY, UA as 0 0 cu N 0 0 Q POSSESSION AND USE AGREEMENT In the Matter of the West Valley Highway Strander Boulevard Intersection InzprovetnenIs This AGREEMENT is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation, hereinafter referred to as the "Owner", and the City of Tukwila a municipal corporation of the State of Washington, hereinafter referred to as the "Cite 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; AND WHEREAS, in return for mutual benefit to the Owner and to the City resulting from construction of the project, the Owner has agreed to donate to the City the following described real estate situated in King County, in the State of Washington: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The real estate described in Exhibit "A" contains 10,325_ square feet of easement and 1,186_ square feet of fee area. The specific details concerning this required real estate can be found in the West Valley MAX. Strander Blvd. Intersection Improvement bid documents (Roadway Widening Plan and Profile Sheets 5 6)- AND WHEREAS, the Owner and the City of Tukwila require additional time to resolve any questions concerning just compensation and project design impacting Owner's property and existing utilities; NOW THEREFORE, for and in consideration of mutual benefit from said project, 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, Washington. It is the intent of the City to acquire the referenced real property through the power of eminent domain. All payments made to Owner hereunder shall be in the exercise of the power of eminent domain, and such payment made pursuant to this agreement shall offset the final agreed upon purchase price and/or settlement amount. 0 Execution of this agreement by the undersigned parties shall not prejudice such parties' 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. 3. If it becomes necessary for the City to institute condemnation proceedings. the Owner has no objection to the City's forthwith entering an Order Adjudicating Public Use for the West Valley Highway Strander Boulevard Intersection Improvement Project for the property described herein, and agrees that, from and after the date of this Agreement, this instrument shall be treated as having the same legal effect as an Order for Immediate Possession and Use. The Owner shall cooperate w ith the entry of such Order. 4. Nothing herein shall preclude the City from hereafter changing its plans to increase or decrease the nature or extent of the acquisition. If the acquisition is enlarged a supplemental Possession and Use Agreement will be required. 5. Until this agreement is accepted and approved by the City of Tukwila Public ac Works Director, the City shall have no right of entry, use or possession of real cp estate described on Exhibit A. Following the date of such approval, the City will LC indemnify, defend and hold Owner harmless from and against all costs, claims, expenses and damages, including attorneys' fees (with or without litigation), c• rn arising in any way in connection with use possession or entry onto said real property by the City, its contractors, subcontractors. agents. employees and assigns. 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, by Public Works Director. If said approval is not provided by the City by July 1, 2002, then this agreement shall automatically terminate. Accepted and Approved: OWNER: PUGET S D ENERGY. INC. Ai �i BY: STATE OF WASHINGTON COUNTY OF KING CO CO rn On this 2.o7., day of chit 2002, before me personally appeared R S. iWol✓Ut.7y. t P° 2011)11 to me known to be the cb'cro2 ale-e0247£ of the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (he i she) was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year last above written. ItIIII71,� u o- TAR Piit o A Ua LIG l te IA S 00 §i' Dated: t Notary Signature: Notary Public in and for the State of Washington Notary (print name): e,. Gax7,r,Ani7rihv.-7 Residing at: Appointment Expires: 9 S- 0 CD 0 to c•+ Cr 0 N 0 -0 N CITY OF TU'KWILA Dated: 1 .ugly J 2_002 By: nrs.b.a R'L4.44-1— lic Works Director STATE OF WASHINGTON COUNTY OF KING On this 16t day of 2002. before me personall} appeared James F. Morrow to me known to be the Public Works Director of the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation. for the uses and purposes therein mentioned. and on oath stated that (het—the-) was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year last above written. JuIY 3 Dated: Ju i, 200 2. Notary Signature: a- ia, a. Q tQ ecL Notary Public in and for the State of Washington Notary(print Alice A. De asy Residing at: Renton, Washin jfo Y1 My appointment expires: 6-1b-0 4 30 00 5' SLOPE 177.11' EASEMENT 1 cA cci co Z t a Vi ti t =1 0 0- 00 0-.0 e r 1 d 1 r.-\r SS' (AHD TO SE GRAPHIC SCALE M 'A 1 CELIC.47 roe? Sca f s ei -.a K e.■ la 0Ct Cf-1-1.(4. Ci 0 EAS0.10IT i Ca RGHT C. WA, f 3IC 'It.] CV 3 I 01 -Icici r SIDEV/A.Lic EASEM_ATT 0 PC STA 7 38.5 I I SLOPE.' EASEMENT DETAIL 'A' rrici)tr;; 8.75. PARCEL NO. 252304-9050 SEE INiN1 r 5.70' Q Ste 181 ccr--ece R 1000.00 86.78' L /n�" 8 R 777.50'\ L 4.55'\ 1 1 CURB RA0AIJ.,.-1 a A 09:52 2 ECO.CO L 137.97' k EXHIBIT I I I A 8.66' a15' S87'52'29'2 17202' 5 8752'29 R 769.'OP S E. L 77750'1, sar.52S-.? A.C:\A` 7' 21.1. 1. 7 1 6,- ‘-1 1 1. DETAIL 4. 1 of 7 0 c-3 0 r■ rn 0 0 0 C4 EXHIBIT ".a.'" (cont_ P. S. E (PARCEL NO 252304 -90501 LEGAL DESCRIPTION FOR RIGHT -OF -WAY DEDICATION (TAX LOT 50) A SIR]° OF LAND SITUATED ALONG THE WESTERLY PORTION OF TIM FOLLOWING DESCRIBED PARCEL "A' BEGINNING AT THE NORTHWEST CORNER OF THE HERENAFTER DESCRIBED PARCEL "A"; THENCE SOUTH 08 2'00" EAST A DISTANCE OF 121.81 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY ALONG A CURVE TO LEFT WITH A RADIUS OF 970.00 FEET AND AN ARC LENGTH OF 93.12 FEET TO THE SOUTH LINE OF SAID PARCEL THENCE SOUR 87 °52'29 "EAST ALONG TILE SOUTH LINE OF SAID PARCEL `:i' A DISTANCE OF 0.37 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 777.50 FEET AND AN ARC LENGTH OF4.85 THENCE NORTH 06 °28'24" WEST A DISTANCE OF 88.27 FEET; THENCE NORTH 08`52'00" WEST A DISTANCE OF 120.16 FEET TO THE NORTH LINE OF SAID PARCEL "A"; THENCE NORTH 87 °52'29" WEST ALONG THE NORTH L]NE OF SAID PARCEL "X' A DISTANCE OF 8.66 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "A" THE SOLTH 210 FEET OF GOVERNMENT LOTS 2 AND 11 OF SECTION 25, TOWNSHIP 23 NORTH RANGE 4 EAST, R .M.. IN KING COUNTY, WASHINGTON, LYING BETWEEN THE WEST VALLEY HIGHWAY AND P.S. &E. RIGHT OF WAY. SITUATE LN THE COUNTY OF KING, STATE OF WASHINGTON na yl ��C,ry�� J F 1 ,t\S:G:.... :IS 2 of 7 EKHIBIT "A" (coat_) LEGAL DESCRIPTION FOR SIDEWALK EASEMENT (TAX LOT 50) A STRIP OF LAND SITUATED ALONG THT W=S t ERL.Y PORTION OF THE FOLLOWING DESCRIBED PARCEL "A' COMMENCING AT THE NORTHWEST CORN; .R OF THE HEREINAFTER DESCRIBED PARCEL "A THENCE SOUTH 87 °52'29" EAST A DISTANCE OF 8.66 FEET TO THE TRUE POINT OF BEGINN9NG;- THENCE SOUTH 08 °52'00" EAST A DISTANCE OF 120.16 FEET; THENCE SOUTH 0628'24" EAST A DISTANCE.OF 882 i FEET TO A POINT OF `o TANGENCY; c THENCE SOUTHEASTERLY ALONG A CURVE TO LEFT i ?:TIT? A RADIUS OF 777.50 FEET AND AN ARC LENGTH OF 4.85 FEET TO THE SOUTH LEM OF SAID PARCEL '0 THENCE SOUTH 87 °52'29 "EAST ALONG THE SOUTH LINE OF SAID PARCEL "A" A c DISTA \CE OF 8.16 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 76930 thhl AND AN ARC LENGTH OF 6.41 FEET; THENCE NORTH 06°28'24” WEST A DISTANCE OF 882 i 1• h1; THENCE NORTH 08`52'00" WEST A DISTANCE OF 118.61 FEbI TO THE NORTH LIVE OF SAID PARCEL "A THENCE NORTH 87 °52'29" WEST ALONG THE NORTH LLNE OF SAID PARCEL "A" A DISTANCE OF 8.15 Fhhl TO THE TRUE POINT OF BEGINNING. PARCEL "A" THE SOUTH 210 Fhh 1 OF GOVERNMENT LOTS 2 AND 11 OF SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WM, LN KING COUNTY, WASHINGTON, LYING BETWEEN THE WEST VALLEY HIGHWAY AND P.S. E. RIGHT OF WAY. SITUATE LN THE COUNTY OF KING, STATE OF WASHINGTON 3 of 1 LEGAL DESCRIPTION FOR SLOPE EASEMENT (TAX LOT 50) A 5 -FOOT STRIP OF LAND SITUATED ALONG THE WESTERLY PORTION OF THE FOLLOWING DESCRIBED PARCEL "A' CO`LVfEN CING AT THE NORTHWEST CORNER OF THE HEREINAFTER DESCRIBED PARCEL "A": THENCE SOUTH 37'52'29" EAST A DISTANCE OF 16.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 08`52'00" EAST A DISTANCE OF 118.61 FEET: THENCE SOLTM 06`28'24" EAST A DISTANCE OF 88.27 FEET TO A POINT OF roaL T_AINGEN CY: C? THENCE SOUTHEASTERLY ALONG A CURVET() LEFT WITH A RADIUS OF 769.50 FEET AND AN ARC LENGTH OF 6.41 FEET TO THE SOUTH LINE OF SAID PARCEL THENCE SOUTH 87`52'29"EAST ALONG THE SOUTH LINT: OF SAID PARCEL "A" A an- DISTANCE OF 5.10 FEET; c THENCE NORTHWESTERLY ALONG A CURVE TO 'IITE RIGHT W1TH A RADIUS OF 764.50 FEET AND AN ARC LENGTH OF 7.391'ht1; 0 THENCE NORTH 06`28'24" WEST A DISTANCE OF 88.27 FEET: THENCE NORTH 08'52'00" WEST A DISTANCE OF 117.63 FEET TO THE NORTH LINE OF SAID PARCEL `A THENCE NORTH 87'52'29" WEST ALONG THE NORTH LINE OF SAID PARCEL "A" A DISTANCE OF 5.09 FEET TO THE TRUE POINT' OF BEGINNING. PARCEL "A" EXI -1113IT "A" (cont_) THE SOUTH 210 FEET OF GOVERNMENT LOTS 2 AND 11 OF SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KUNG COUNTY, WASHINGTON, LYING BETWEEN THE WEST VALLEY HIGHWAY AND P.S. E. RIGHT OF WAY. SITUATE IN THE COUNTY OF KUNG, STATE OF WASHINGTON 4 of 7 Ts A 1684 CURS DATA In' RXISTING A 0952534 SLOPE /EASEMENT R SCO.00" X A/1- 5427754 L 737.97' 1 sit SR IV a costar 1X0.07' as.n• L 173.ar P.S. L— RAY DATA R 97a00' L zeta 15 9/7° sir P 22.' 7C1--1 1131 r "A.." (cor I I, c81'0 58752'29t 74455• NEW 12' SLOPE PARCEL NO. GRAPHIC SCALE scz3 rc- 1 r C.. -I_ it -K 1 T.t f7 II A 2a2irte M ?Cate' ti ..10 1* 1.6.:.:;:7_ A S il T 126.15 1 .1 1 t....:-...C• 7 dia -11- w....• -7 1E L.249.84' R/W DATA 1 A 20 00007-' 7 '1i: 3 c it_ R 7 1 i-- 25 2304 9051 0 4. L 2150' 1 i 1 22.5' 1 i t t Ad \\I I— AP STA :72÷CO i 1 t -W75.25' I 5 of 7 E XHIBIT "A" (coat_) LEGAL DESCRIPTION FOR Al2 -FOOT SLOPE EASEMENT (TAX LOT 51) ALL TILAT PORTION OF THE FOLLOWING DESCRIBED PARCEL `A" LYING 12 }EET EASTERLY OF A LINE DRAWN PARATT TT AND 40 Emir-1 EAS IcitLY, WHEN MEASURED AT RIGHT ANGLES AND/OR RADL4LLY FROM TIM CEN LER LINE OF WEST VALLEY HIGHWAY (ALSO C OWN AS SR 181). PARCEL "A" THE NORTH 330 ttc.i OF THE NORTHWEST QUAR IER OF 211E SOLJTHE_AST QUARTER OF TIM NORTHWEST QLAR1r.R OF SECTION 25. TOWNSYM' 23 NORTH, RANGE 4 EAST, W \L LN KING COUNTY, WASHINGTON, LYLNGBETWEEN THE WEST "AT T =Y HIGH AY AN`D P.SE. RIGHT OF WAY. 6of1 EKHIBIT "A" (cont_ LEGAL DESCRIPTION FOR SIDEWALK EASEMENT (TAX LOT 51) A STRIP OF LAND SITUATED ALONG THE WESTERLY PORTION OF THE FOLLOWING DESCRIBED PARCEL `A' ALL TFLAT PORTION OF THE FOLLOWING DESCRIBED PARCEL "A" LYING WESTERLY OF A LLE DRAWN PARALLEL WITH AND 40 FEET EASTERLY, WREN M E 3SURED AT RIGHT ANGLES AND /OR RADLALLY FROM THE CENTER LIE OF SR 181, SO- CORP. LIMITS OF TUKWILA TO FOS 1ER INTERCHANGE. PARCEL "A" THE NORTH 330 YEr.1 OF TIE NORTHW'FST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QLARIER OF SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. LN KING COUN Y, WASHINGTON, LYING BE1 WEEN THE WEST VALLEY HIGHWAY AND P.S. E. RIGHT OF WAY. SITUATE P' I THE COUNTY OF KING, STATE OF WASHINGTON 7 of 7