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HomeMy WebLinkAboutRes 0597 - Land Acquisition in McMicken Heights for Public Parks RESOLUTION NO 597 RESOLUTION AUTHORIZING PURCHASE OF PROPERTY FOR PUBLIC USE WHEREAS, the City of Tukwila conducted a study in 1969 concerning the City's needs for additional public park space and that plan set forth the needs for a park in the McMicken Heights area; and WHEREAS, an additional study was made by the City of Tukwila in 1976 by the Park Board, which study was sub- mitted to the City Council and which recommended purchase of property in McMicken Heights owned by Mr. and Mrs. Frank Alberti, Mr. and Mrs. H. C. Tingvall and Elizabeth Holsinger Ploe; and WHEREAS, J.1r. and Mrs. Alberti, Mr. and Mrs. Tingvall and Elizabeth Holsinger Ploe are willing to sell the real property owned by them to the City of Tukwila for use as park property and for any other public use deemed appropriate by the City, NOW, THEREFORE, the City Council of the City of Tukwila, Washington do resolve as follows: The Mayor and City Clerk are authorized to execute any and all documents necessary for the purchase by the City of Tukwila for park and other public purposes of certain real property owned by Mr. and Mrs. Frank Alberti, Mr. and Mrs. H. C. Tingvall and Elizabeth Holsinger Ploe. Terms of the purchase are to be substantially as set forth COUNCIL ACT O1N MEETING TYPE AGENDA ACTION in the Settlement Agreement, a copy of which is attached to this Resolution and incorporated herein. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, And approved by the Mayor at a regular meeting thereof this t day of t 1977. ATTEST: MaAind Anderson, City Clerk AP ROVED AS TO FORM: Lkwrence E. Hard, Deputy City Attorney Edgar D: Bauch, Mayor SETTLEMENT AGREEMENT THIS AGREEMENT, entered into this day of July, 1977, by and between FRANK and AGNES ALBERTI, husband and wife; ELIZABETH HOLSINGER PLOE; and H. C. and CECELIA L. TINGVALL, husband and wife, hereinafter collectively called "Sellers," CHG INTERNATIONAL, INC., a Washington corporation, hereinafter called "CHG," and the CITY OF TUKWILA, a municipal corporation organized under the laws of the State of Washington, hereinafter called "the City." W I T N E S S E T H: WHEREAS, Sellers are the owners as tenants in common of certain real property situate in the City of Tukwila, King County, Washington, which property is more particularly des- cribed on Exhibit "A" hereto, which is by this reference incorporated herein as if fully set forth (hereinafter called the "Property and WHEREAS, Elizabeth Holsinger Ploe has succeeded to all the interest of Glenn H. Holsinger, deceased, as a tenant in common of the Property, and holds such interest as her separate Property; and WHEREAS, Sellers, together with CHG, have instituted an action against the City in King County Superior Court, King County, Washington, Cause No. 824877, seeking inter alia to review certain actions of the City, and to compel the pro- cessing of an application for a building permit to construct apartments on the Property, and to recover a judgment on a theory of inverse condemnation for a taking or damaging of the Property by the City; and WHEREAS, both Sellers and.CHG, as plaintiffs, and the City, as defendant, believe that they would prevail in the pending litigation, but at the same time have given due -1- -2- consideration to the unavoidable delays and hazards of action in court as well as the expenses connected thereto, and have recognized the desirability that the existing dispute between Sellers and CHG and the City be terminated without further litigation or expense of trials; and WHEREAS, the City in order to terminate such litigation and obtain the Property for park purposes, would be willing to enact necessary ordinances and commence an action in Superior Court to condemn and take the Property for public use upon the payment of just compensation to Sellers, pursuant to RCW ch. 8.12 and RCW 35A.11.030; and WHEREAS, under such threat of condemnation, Sellers are willing to sell the Property to the City in lieu of formal con- demnation and terminate the pending litigation; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and agreements contained herein, the parties hereto hereby agree as follows: 1. Sellers agree to sell to the City, and the City agrees to purchase from Sellers, the Property, as described on Exhibit "A" attached hereto, with title to be free of encumbrances or defects except those of record, on the terms and conditions hereinafter set forth. Rights reserved in federal patents or state deeds, building or use restrictions, and building or zoning regulations or provisions, shall not be deemed encumbrances or defects. Any encumbrances to be discharged by Sellers may be paid out of purchase money at date of closing. 2. The total purchase price for the Property is Two Hundred Sixty -Five Thousand Dollars ($265,000.00), the entire amount of which shall be payable to Sellers in cash or by check at date of closing. As referred to in this Agreement, "date of closing" shall be August 1, 1977. 3. The City agrees that full inspection of the Property' 3 has been made and that neither the Sellers nor any one of them shall be held to any covenant respecting the condition of the Property or any improvements thereon, nor shall the City or Sellers or the assigns of either be held to any covenant or agreement for alterations, improvements, or repairs. 5. The City assumes all hazards of damage to or destruction of any improvements now on the Property or hereafter placed thereon, and of the taking or damaging of the Property or any part thereof for public use by any other public entity; and agrees that no such damage, destruction, taking, or damaging shall constitute a failure of consideration. 6. The City has obtained, or agrees to obtain within 15 days of the date of closing, and agrees to pay all premiums for, a purchaser's policy of title insurance in standard form, or a commitment therefor, issued by a title insurance company of the City's choosing, insuring the City to the full amount of said purchase price against loss or damage by reason of defect in Sellers' title to the Property as of the date of closing and containing no other exceptions other than the following: a. Printed general exceptions appearing in said policy form; b. Liens or encumbrances which by the terms of this Agreement the City is to assume, or as to which the conveyance hereunder is-to be made subject. 7. Sellers represent that they are the owners_of the Property in fee simple absolute; and Sellers agree, upon receiving full payment of the purchase price in the manner above specified, to execute and deliver to the City a Quit Claim Deed or Deeds to the Property in lieu of condemnation, free of encumbrances except any that may attach after date of closing through any person other than Sellers. 8. The City shall be entitled to possession of the Property on date of closing. 9. In case the City shall fail to comply with or perform any condition or agreement hereof or to make payment as required hereunder at the time and in the manner herein required, Sellers may elect to declare all of the City's rights hereunder terminated or to bring suit for damages, specific performance, or for any other remedy Sellers may have at law or in equity. 10. Taxes for the current year, rents, insurance, interest, mortgage reserves, water, and other utilities constituting liens on the Property shall be pro -rated as of date of closing. The City agrees to pay any 1% excise tax due and owing on account of the sale of the Property to the City. 11. The sale shall be closed in the office of Title Insurance Company (hereinafter called "the closing agent on the date of closing set forth above. Sellers and the City will, on demand, deposit in escrow with the closing agent., all instruments and monies necessary to complete the purchase in accordance with this Agreement. The costs of escrow and any other closing costs normally incident to the sale of realty shall be paid one -half each by Sellers and the City. 12. Upon delivery to Sellers of the purchase price for the Property, and delivery to the City of a Deed or Deeds for the Property, the Sellers, CHG, and the City shall execute and file a Stipulation and Order of Dismissal, dismissing with prejudice and without costs the lawsuit captioned CHG International, Inc., et al. v. City of Tukwila, et al., Cause No. 824877, Superior Court of the State of -4- Washington for King County. 13. There are no verbal or other agreements which modify or affect this Agreement. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first above written. SELLERS FRANK ALBERTI ELIZABETH HOLSINGER PLOE H. C. TINGVALL CHG INTERNATIONAL, INC. By .Clinton L. Hergert, President By CITY OF TUKWILA By By Secretary EDGAR D. BAUCH, Mayor MAXINE ANDERSON, City Clerk STATE OF WASHINGTON )ss. COUNTY OF K I N G -5- AGNES ALBERTI CECELIA L. TINGVALL On this day personally appeared before me FRANK ALBERTI and AGNES ALBERTI, to me known to be the individuals des- cribed in and who executed the within and foregoing instru- ment, 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 this day of July, 1977. Notary Public in and for the State of Washington, residing at STATE OF WASHINGTON )ss. COUNTY OF K I N G On this day personally appeared before me ELIZABETH HOLSINGER PLOE, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of July, 1977. STATE OF WASHINGTON )ss. COUNTY OF K I N G On this day personally appeared before me H. C. TINGVALL and CECELIA L. TINGVALL, to me known to be the individuals described in and who executed the within and 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 this day of July, 1977. STATE OF WASHINGTON )ss. COUNTY OF K I N G On this day personally appeared before me CLINTON L. HERGERT and to me known to be the President and Secretary, respectively, of CHG International, Inc., the corporation that executed the foregoing instrument, and acknowledged the 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 they were authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Given under my hand and official this day of July, 1977. STATE OF WASHINGTON )ss. COUNTY OF K I N G Notary Public in and for the State of Washington, residing at Notary Public in and for the State of Washington, residing at On this day personally appeared before me EDGAR D. BAUCH and MAXINE ANDERSON, to me known to be the Mayor and City -6- Notary Public in and for the State of Washington, residing at Clerk, respectively, of the City of Tukwila, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said municipal corporation. Given under my hand and official seal this day of July, 1977. Notary Public in and for the State of Washington, residing. at -7- Parcel A Parcel B EXHIBIT "A" Tract 8 of Brookvale Garden Tracts, as per plat recorded in Volume 10 of Plats, page 47, records of King County, EXCEPT the South 30 feet thereof, and EXCEPT that portion thereof conveyed for street purposes by deed recorded under Auditor's File No. 4063864. Situate in the Town of Tukwila, County of King, State of Washington, LESS that portion of the aforementioned Parcel 'A' lying within a strip of land 100 feet in width being 50 feet wide on each side of the centerline of the V line of Primary State Highway No. 1, South 178th Street to South 126th Street, as surveyed over and across Tract of Brookvale Garden Tracts, granted to the State of Washington by deed recorded under Auditor's File No. 5571095. Parcel contains 111,905.64 sq. ft. Southeast quarter of Southeast quarter of Southeast quarter of Section'•22, Township 23 North, Range 4 East, W.M., EXCEPT the East 30 feet thereof for roads and EXCEPT portion deeded to King County for Public Road and Highway by Auditor's File No. 4063864, plus vacated portion of tract of Brookvale Garden Tracts, and EXCEPT portion conveyed to the State of Washington by deed recorded under Auditor's File No. 5661903, and EXCEPT roads, situate in the Town of Tukwila, County of King, State of Washington. Parcel contains 373,788.36 sq. ft.