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Home My WebLink About01-077 - Puget Sound Energy - South 180th Street Grade Separation Possession and Use AgreementReturn Address: THE CITY OF TUKWILA Public Works 6300 Southcenter Blvd., # 100 Tukwila, WA 98188 *-"'I ni - trtl 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. LJ Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials) 1. CITY OF TUKWILA 2. J Additional names on page of document. Legal description (abbreviated: i.e., lot, block, plat or section, township, range) A portion of the East 1/2of the Northwest 1/4of Section 36, Township 23 North, Range 4 East, W.M., King County, Washington LJ Additional legal is on page _ of document. Assessor's Property Tax Parcel/Account Number 362304-9035-0; 000020-0015-09 0 R 1 1:31 N A L p0t POSSESSION AND USE AGREEMENT In the Matter of'the S 180' St Grade Separation Project, Parcel No. 5 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 "City". WHEREAS, the City affirms that the Owner of 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, the City has made an offer to pay the amount of $3,600.00 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 The real estate described in Exhibit "A" contains 2,000 square feet of easement and 1,000 square feet of fee area. The specific details concerning this required real estate can be found in the South 180"' Street Grade Separation bid documents (Drainage and Utility Plan — Sheet C30). AND WHEREAS, the Owner and the City of Tukwila require additional time to evaluate said offer and/or to resolve any questions concerning just compensation and project design impacting Owner's existing and future utilities on City, City of Renton, and Railroad property and enhancements that will benefit Owner's utility corridor (steel casings); NOW THEREFORE, for and in consideration of the payment of said offer, 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. 2. No later than August 1, 2001 the City will issue, in consideration of Owner's execution of this agreement, a warrant in payment to the Owner of the amount of the offer stated above, subject only to deductions of the value of interests of others. 3. 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. 4. 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 S 180"' St Grade Separation 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 with the entry of such Order. 5. The date of valuation for the determination of just compensation shall be the date that this agreement is accepted and approved by the City of Tukwila Public Works Director. 6. 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. 7. Until this agreement is accepted and approved by the City of Tukwila Public Works Director, the City shall have no right of entry, use or possession of real estate described on Exhibit A. Following the date of such approval, the City will indemnify, defend and hold Owner harmless from and against all costs, claims, expenses and damages, including attorneys' fees (with or without litigation), 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 31, 2001, then this agreement shall automatically terminate. Accepted and Approved: PUGET SQ'ND ENERGY, INC. ITS: STATE OF WASHINGTON COUNTY OF KING On this day of 2001, before me personally appeared I , '41 -�4cv-t?1�7 to me known to be the C-' V'� k�- 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 (he4-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. R Bg Dated: % �§ slok Notary Signature: *OTA Notary Public in and for the State of Washington 00 ow (P 9 L I W15-02 6 Notary (print name): '06 0.1 Residing at: IJ I= My Appointment Expires. crry OF TLJKWILA Dated:. NtAA -z-oc,,,� By: STATE' M,WASIIINGTON COUNTY 01,'KINGY On this day of k 2001, bel'ore me personally appeared ___.. to nie known to be tlie/l<"(�t'll"�(,/",,.,,,-,,'�,�"(tzj"/�,�,,/',,,�,/�,,��,,�,/,�T"', o the corporation that exeCUted the I�orcgoing 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�,§�)/ she) was authorized to CXeCLIte said instrument and that the sea] affixed is the corporate seal of said corporation. GIVI,"N under my hand and official seal the day and year last above written. Dated: r Ge A, D�z� . .. . .. . ....... . - - ----- c A Notary Signature: be�&< C) Notary Public in and for the State of Washing C) ton Notary (print narrie): Residing . ...... ... - ----------- My appointment expires: EXHIBIT "A" Right -of -Way That portion of Puget Sound Energy's (formerly Puget Sound Power & Light Company) 100 foot wide fee owned right of way located in the East V2of the Northwest V4of Section 36, Township 23 North, Range 4 East, W.M., King County, Washington, described as follows: Beginning at a point on the north line of Henry Adams Donation Claim #43, 413.75 feet, west, more or less, of the northeast comer thereof, said point being on the west margin of the Union Pacific Railroad Company Right-of-way; Thence southerly along said west margin 30.00 feet to the True Point of Beginning; Thence westerly and parallel with said north line 100.00 feet, more or less, to the west margin of the Puget Sound Energy right-of-way; Thence southerly along said west margin 10.00 feet; Thence easterly and parallel with said north line 100.00 feet, more or less, to the east margin of the Puget Sound Energy right-of-way (said point also being on the west margin of the Union Pacific Railroad Company right-of-way); Thence northerly along said east margin 10.00 feet to the True Point of Beginning. Contains an area of 1,000 square feet or 0.023 acre. Easement That portion of Puget Sound Energy's (formerly Puget Sound Power & Light Company) 100 foot wide fee owned right of way located in the East V2of the Northwest V4of Section 36, Township 23 North, Range 4 East, W.M., King County, Washington, described as follows: Beginning at a point on the north line of Henry Adams Donation Claim #43, 413.73 feet west, more or less, of the northeast comer thereof, said point being on the west margin of the Union Pacific Railroad right-of-way; Thence northerly along said west margin 55.00 feet to the True Point of Beginning; Thence westerly and parallel with said north line 100.00 feet, more or less, to the west margin of the Puget Sound Energy right-of-way; Page 1/2 Thence northerly along said west margin 20.00 feet; Thence easterly and parallel with said north line 100.00 feet, more or less, to the east margin of the Puget Sound Energy right-of-way (said point also being on the west margin of the Union Pacific Railroad right-of-way); Thence southerly along said east margin 20.00 feet to the True Point of Beginning. Contains an area of 2,000 square feet or 0.046 acre. Page 2/2