HomeMy WebLinkAbout08-077 - Loiselle Leroy - Interurban Road Improvement Possession and Use Jul 15 08 10 13a Debi Dato t 73023 P 1
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CITE' OF TUKWILA
POSSESSION AND USE AGREEMENT
The parties "Parties to this Agreement are the City of Tukwila, a Washington
municipal corporation "the City") and Leroy C Loiselle "Owner
A. The Owner owns certain real property that is required by the City for its Tukwila
Interurban Road Improvement Project, and
B This property includes approximately 1,729 square feet located on King County
Parcel No 7359600310 required for a temporary construction easement and approximately 352
square feet located on King County Parcel No 7359600195 required for a slope /utility easement.
These easements and locations are shown on Exhibit A attached hereto and mcorporated by this
reference "Easements and
C Any delay in the City's construction program is contrary to the public interest; and
D The City now makes this firm and continuing offer to pay the amount of two thousand
two hundred dollars ($2,200 00) for the purchase of the Easements. The City makes this offer
based on the results of an appraisal report, and the City's payment described herein is made
without prejudice to Owner's claim for further just compensation. By executing this Agreement,
Owner does not waive the right to seek additional compensation, and
E Owner agrees to grant the immediate possession and use of the Easements to the City
and its employees, agents, or representatives for the purpose of commencmg construction and
completing all tasks necessary for completion of the Tukwila Improvement
Project; and cr,(,-t'-P-�we-t
F The Parties require additional time in order to negotiate and close the sale of the
Easements to the City;
NOW, THEREFORE, the Parties agree as follows:
1 City Pavment. As soon as possible after execution of this Agreement, the City shall
deposit into an interest bearing escrow account with a title company of the City's choice the sum
of two thousand two hundred dollars ($2,200 00) for the benefit of Owner, which amount shall
be applied to the final purchase price if such final purchase price differs from this amount.
2 Condemnation. The Parties stipulate and acknowledge that the Easements are
necessary for the public use of the City and that the City is acquiring the Easements under threat
of condemnation pursuant to state law If it becomes necessary for the City to file a petition in
eminent domain to acquire the Easements, Owner hereby waives any objection and stipulates to
the entry of an Order and Findings of Fact Adjudicating Public Use and Necessity, and stipulates
that this .'agreement shall constitute and he entered with the Court as an Order for Immediate
Possession and Use The City hkeArise stipulates that Owner's execution of and performance of
Ins obligations under fhis Agreement satisfies Owriu's obligations under RCW 8.25 070, and
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Jul 15 08 10 14a Debi Dato F 7 -3023 p.2
that Omer accordingly may seek attorney's fees and expert fees as provided in RCW 8 25 070 if
this matter proceeds to trial.
The Parties shall attempt to resolve by mutual agreement not later than August 1 2008,
the amount of any additional compensation due to Owner as compensation for the Easements If
the Parties are unable to agree on any such additional amount, the Parties shall conduct a non-
binding mediation not later than August 30, 2008 If the Parties are unable to agree on an) such
additional amount after mediation, then the City shall file a condemnation action, which shall be
prosecuted consistent with this Agreement.
3 Possession. Upon deposit b} the City of the amount and in the manner set forth in
Section 1 Owner shall be deemed to have surrendered immediate possession of the Easements to
the City for the construction of the Tukwila IttertiY z d Improvement Protect.
i i t�4t�c�hcraC L, f v'I
4 Indemnification. Owner and the City hereby agree to indemnify, hold harmless and
defend each other from any and all claims, liability, damages, costs, expenses, and judgments
arising from the negligence or intentional misconduct of their respective officers, employees,
agents, or contractors on the Easements occurring prior to closing.
5 General Provisions This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement. This Agreement shall be
recorded against the Property No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties Any provision of this Agreement which is
declared invalid or illegal shall in no way effect or invalidate any other provision. Each party
represents and warrants that the individuals executing this Agreement are duly authorized to
execute this Agreement. In the event any of the Parties default on the performance of any terms
of this Agreement or any of the Parties file a lawsuit for the enforcement of this Agreement, the
prevailing party shall be entitled to recover its attorney's fees, expert witness fees, costs and
expenses. Venue for any such action shall be exclusively in King County, AMashington. Time is
of the essence of this Agreement and in each and all of its provisions in which performance is a
factor
This Agreement shall run with the land and shall be binding upon Owner and his heirs,
successors, and assigns, and upon the City of Tukwila and its successors and assigns.
CITY OF TUKWILA OWNER
ayo Leroy C' Loiselle
APP OVED AS TO FORM.
Cit Attorney
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STATE OF OREGON
ss
COUNTY OF POLK
On this day personally appeared before me Leroy C Lozselle, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that he
executed the foregoing instrument as his free and vo[untary act and deed for the uses and
purposes therein mentioned.
GIVEN my hand and official seal this zi day of 2008
Z2;;7& OFFOALEEAL
T— JQTJ���
ROBE CHAi31M CftOMy80ii BA �i 1 i
NWARY e
M C0MMtSWN Printed Name: 5«
Notary Public in and for the State of
Oregon, residing at 6, f fi
My appointment expires 14�eo r�
STATE OF WASHINGTON)
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Jun Haggerton is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it, as the Mayor of the City
of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
GIVEN my hand and official seal this day of AV (zu3+ 1 2008
Printed Nie
C �t, Notary Public iri and for the State of
F
e' O Washington, residing at k Zit lCt—
l �j J Q My appointment expires r IM/
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