HomeMy WebLinkAboutHaas, John - Settlement Agreement LAW OFFICES
LYON, WEIGAND & GUSTAFSON PS
ROBERT M BOGGS LYON LAW OFFICES — 222 NORTH THIRD STREET
MARCUS RUSSELL JH FRY TELEPHONE
GIILBERT MAILING ADDRESS: PO BOX 1689
J ERIC GUSTAFSON (509) 248 - 7220
CHARLES R LYON (1997) YAKIMA, WASHINGTON 98907.1689
BRYAN P MYRE FACSIMILE
J PATRICK SHIREY
JEANIE R.TOLCACHER (509) 575 - 1883
WM L WEIGAND. JR (OF COUNSEL)
DUSTIN E YEAGER DIRECT DIAL
(509) 853 -0734
rgilbert @lyon- law.com
January 17, 2008
Richard A. Zais, Jr., City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
RE: River Road
Dear Dick:
Settlement has been reached with John I. Haas, Inc. on all issues regarding the Bio- Infiltration
Stormwater Drainage Swale and Infiltration Trench facility that the City Engineering Department
has designed and will be constructed as part of the River Road Improvement Project.
The following documents are enclosed for your review and signature:
1. Settlement Agreement (in duplicate)
2. Stormwater Drainage Easement (in duplicate)
3. 1099 Input Form
Please have your assistant call my office when the signed documents are ready to be picked up.
By copy of this letter to Brett Sheffield, I am requesting that the City issue a check to John I.
Haas, Inc. in the amount of $17,695.00 which will be disbursed upon recording of the Stormwater
Drainage Eastment with the Yakima County Auditor.
Thank you.
Very truly yours,
e �r ! i f %�
e I � s " l
Russell H. Gilbert
Enclosures = _
c: Brett Sheffield (with enclosures)
718.129 \rhg \yakima cit \river road \haas\zais 101
•
SETTLEMENT AGREEMENT
This Settlement Agreement is being entered into on the last date entered on the
signature pages and is between the City of Yakima, State of Washington (hereafter the
"City ") and John I. Haas, Inc., a Delaware corporation (hereafter referred to as "Haas ").
RECITALS
WHEREAS, it is necessary for the public use and required by the public interests
that the City construct public improvements known as the "River Road Improvement
Project" on River Road between North 16 Avenue and Fruitvale Avenue, Yakima,
Washington (hereinafter the "Project "), and such construction is in accordance with the
plans approved and adopted by the Yakima City Council by Ordinance No. 2006 -22,
dated the 6 day of June, 2006; and
WHEREAS, Haas owns certain real property situated at the southwest corner of
River Road and North 16 Avenue, Yakima, Washington, the legal description of which
is attached hereto and incorporated by reference herein as Exhibit "A "; and
WHEREAS, a portion of said property, the legal description of which is attached
hereto and incorporated by referenced herein as Exhibit "B ", will be damaged or
otherwise interfered with in such a manner by the City's construction and /or existence of
the Project so as to be legally compensable, and such damage or other interference is
required for the interests of the public and of the City and does constitute a necessary
public use of said property and interests; and
WHEREAS, the City, pursuant to RCW Chap. 8.12, wishes to pay reasonable
compensation to Haas for such damage or other interference which will be caused to its
property by the construction and /or existence of the Project; and
WHEREAS, the City has obtained an independent comparative market analysis
of said properties which indicates that the value of the portion of Haas' property that will
be necessary for the construction and /or existence of the Project and affected
improvements thereon is $10,525.00; and
SETTLEMENT AGREEMENT - 1 Law Offices
718 - 129 \rhg \yakima cit \river road \haas \settlement agreement 110907 LYON, WEIGAND & North T SON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
WHEREAS, Haas has not obtained an independent appraisal of said properties
but believes that the value of the portion of Haas' property that will be necessary for the
construction and /or existence of the Project and affected improvements thereon is
$31,615.00; and
WHEREAS the City and Haas each wish to resolve their differences without the
necessity and costs of litigation as to the value of said properties and the uncertainties
connected therewith;
AGREEMENT
IT 1S THEREFORE AGREED by and between the City and Haas that for
purposes of settlement only:
1. The City shall pay Haas $17,695.00 in total compensation for the
condemnation of a portion of its property and for the damage and interference to its
property which will be caused by the construction and /or existence of the Project.
2. Haas agrees to accept $17,695.00 as fair and reasonable compensation
in full for the land and improvements taken by the construction and /or existence of the
Project and for the damage and interference to its property and shall not seek further or
additional compensation of any kind for any damage or claims of damage for the said
land or improvements taken or other damages and agrees that said compensation
reflects the fair market value of said land and improvements.
3. Haas shall grant a permanent easement to the City for the construction,
operation and maintenance of a Bio- Infiltration Stormwater Drainage Swale and
Infiltration Trench Facility (collectively referred to herein as "the drainage facilities ")
under the terms and conditions set forth in the Stormwater Drainage Easement attached
hereto as Exhibit "C" and shall claim no additional interest in said property except as set
forth in said Stormwater Drainage Easement.
4. The City and Haas agree to cooperate fully and execute any and all
supplementary documents and to take all additional actions that may be necessary or
appropriate to give full force and effect to the basic terms and intent of this Settlement
Agreement.
SETTLEMENT AGREEMENT - 2 Law Offices
718- 129 \rhg \yakima cit \river road \haas \settlement agreement 110907 LYON, WEIGAND 8 GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
5. The City shall coordinate construction of the drainage facilities with Pete
Mahoney.
6. The City shall construct a commercial road access for Haas facilities as
part of the Project. The location of the commercial access shall be designated by Haas
and designed in consultation with the City of Yakima.
7. The City has reviewed access to Haas properties located on River Road
and confirms that unimpaired access (i.e., access from both east and west travel lanes)
shall be permitted for future development of the property located at the corner of River
Road and North 16 Avenue, Yakima County Assessor's Parcel No. 181314- 14431.
The access point may not be located closer than 200' from said intersection. Similar
unimpaired access is confirmed for that portion of the property fronting on North 16
Avenue (i.e., unimpeded access no closer than 200' from intersection). Such access
points would be outside of the functional limits of the intersection and no access
limitations shall be placed upon future development of the properties.
8. The City shall pay to Haas statutory review fees of Seven Hundred Fifty
Dollars ($750.00). All document preparation and recording costs shall be the
responsibility of the City.
9. This Settlement Agreement expresses the full and complete settlement by
and between the City and Haas with respect to said property.
10. The undersigned authorized agent for Haas acknowledges that he /she
has completely read this Settlement Agreement and fully understands and voluntarily
accepts it for the purpose of final resolution and settlement of any and all claims with
respect to fair and reasonable compensation for the damage or other interference which
will be caused to its property by the construction and /or existence of the Project and has
full authority to execute this Settlement Agreement for and on behalf of Haas.
11. The terms and conditions of this Settlement Agreement shall not be
amended or modified except in writing signed by the City and Haas. This Settlement
Agreement is fully integrated and constitutes the entire agreement of the Parties. There
are no other agreements of these Parties.
SETTLEMENT AGREEMENT - 3 Law Offices
718- 129 \rhg \yakima cit \river road \haas \settlement agreement 110907 LYON, WEIGAND & GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
12. This Settlement Agreement has been reviewed and approved by each of
the Parties after negotiation of the terms thereof. In the event it should be determined
that any provision of this Settlement Agreement is uncertain or ambiguous, the
language in all parts of the agreement shall be in all cases construed as a whole
according to the fair meaning of the agreement, and not strictly construed for or against
any party.
DATED this ZD -(71 day of November, 2007.
John L Haas, Inc.
�
By
/ / lam _..
Its red-or (i
THE CITY OF YAI4IMA
gy _l
R. A. Zais, Jr., City Manager
SETTLEMENT AGREEMENT - 4 Law Offices
718 - 129 \rhg \yakima cit \river road \haas \settlement agreement 110907 LYON, WEIGAND & GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
•
YAKIMA CITY CLERK
129 N. 2ND STREET
YAKIMA, WA 98901
STORMWATER DRAINAGE EASEMENT
Document Title: Stormwater Drainage Easement
Grantor(s): JOHN I. HAAS, INCORPORATED
Grantee(s): CITY OF YAKIMA, WASHINGTON
Abbreviated Legal Description: PIN of the SE % ol'the NE % of Sec. 14 -13 -18
Complete legal description on pages 1 and 2 of this document.
Assessor's Tax Parcel Nos.: Portion of 181314 -14431
DATE: November 2 , 2007
PARTIES: Grantor: John I. Haas, Inc., a Delaware Corporation
P.O. Box 1441
Yakima, Washington 98907
Grantee: City of Yakima, a Washington Municipality
129 North Second Street
Yakima, Washington 98901
Subject Real Property — Burdened Property:
The Stormwater Drainage Easement described below is located on the following described real
property situated in Yakima County, State of Washington:
Stormwater Drainage Easement -1
Jcc\ohn.1. Haas \City .Yakima \Haas.Swale.Easement
All that part of Lot 1, Lewis Terry Garden Tracts, according to the Plat thereof
recorded in Volume "F" of Plats, page 15, Records of Yakima County,
Washington lying west of the following described line:
Commencing at the northeast corner of said Lot 1; thence West along the
north line thereof 351.70 feet to the point of beginning of the herein
described line; thence S. 0° 50' E. 292 feet to the northerly right of way
line of the Old Union Ditch and the terminus of the described line.
This property may be referred to herein as "Burdened Property."
Terms of Easement
1. Grant of Easement — Easement Area. Subject to the terms and conditions set forth in
this Stormwater Drainage Easement, Grantor hereby conveys and warrants to Grantee,
and Grantee hereby accepts, an easement for the purpose of constructing, installing,
operating and maintaining a Bio- Infiltration Stormwater Drainage Swale and Infiltration
Trench facility over, under, through and across a portion of the Burdened Property, which
easement is legally described as follows:
That part of the above described Parcel "A" described as follows:
The West 32 feet of the East 34 feet of the North 118 feet thereof;
AND
The West 15 feet of the East 17 feet of the South 110 feet of the
North 228 feet thereof.
Easement area is depicted on attached Exhibit A.
2. Purpose and Use. The purpose of the Stormwater Drainage Easement is to provide for
the construction, installation, maintenance and operation of a Bio - Infiltration Stormwater
Drainage Swale and Infiltration Trench Facility (collectively "drainage facilities ")
serving public road improvements and facilities for River Road and up to 15,000 square
feet of impervious surface area located on or adjacent to properties of Grantor. The
stormwater facilities and associated easement shall include all necessary appurtenances;
rights of ingress and egress to said drainage facility; perpetual right to enter into and
upon said lands for the purpose of installing and maintaining said drainage facility; and,
at all times in the future, access for the purpose of repairing, inspecting, maintaining and
operating said drainage facility. Grantee shall be responsible for constructing such
facilities (including capacity for disposal and treatment of storrnwater from adjacent
Grantor property — up to 15,000 square feet of impervious surface area); maintaining the
facility; and caring for the easement area.
3. Grantor Retained Interests. Grantor retains fee interest in the easement area
including right to connect and utilize the swale and infiltration trench for purposes of
stonnwater management and treatment associated with development of up to 15,000
Stormwater Drainage Easement -2
JccUohn. L Haas \C ity.Yaki ma \Haas. Swal e. Easement
square feet of impervious surface area on the same or adjoining properties. City shall
cooperate in the development and connection of such associated facilities. Grantor shall
provide thirty (30) days notice to Grantee of its intention to establish a connection to the
swale and infiltration trench. Grantor shall bear all costs associated with Grantor's
development and connection of such associated facilities to the swale and infiltration
trench.
4. Maintenance and Repair. Grantee and any authorized agent shall be responsible for
the installation, maintenance, repair and replacement of drainage facilities located within
the Easement Area. Grantee, and its contractors, agents and employees, shall have the
right and responsibility to maintain landscaping, and other surface improvements in a
neat, clean and sanitary manner. Grantor and Grantee shall not allow any hazardous or
dangerous substances to be placed within the drainage facility and shall be solely
responsible for compliance with applicable laws and regulations related to stormwater
drainage, storage, treatment and disposal.
5. Fence and Landscaping. The stormwater swale area (approximately 32' x 110') shall
be fenced and landscaped. The area of the infiltration trench shall not be fenced but shall
be landscaped with grass. Grantee shall be solely responsible for the care and
maintenance of the stormwater swale area within the fenced enclosure and shall keep the
area free of debris, clutter and other similar conditions. Grantor shall be responsible for
the care and maintenance of the area of the infiltration trench, including the grass and
landscaping. Grantor shall not place any additional landscaping in the area of the
infiltration trench without first obtaining Grantee's prior written consent and approval.
In the event that Grantee performs maintenance on the infiltration trench which disturbs
the landscaping and grass, Grantee shall restore the area following such maintenance.
6. Indemnification. Grantee does hereby agree to defend, hold harmless, and indemnify
Grantor, its successors and assigns, from any and all loss, damage, injury or claim arising
out of or related to the construction, maintenance, operation or use of the drainage
facility and improvements associated therewith, except to the extent such claims arise
from the sole acts or omissions of Grantor.
7. Remedies. In addition to all remedies allowed by law, the parties, their successors and
assigns, shall have the right to seek injunctive relief for the enforcement of the terms and
conditions of this Stormwater Drainage Easement.
S. Notices. Notices under this Stormwater Drainage Easement shall be in writing, unless
otherwise required by law, and may be delivered (1) personally; (2) by U.S. Mail,
certified or registered; or (3) by a nationally recognized overnight courier service.
Mailed notices shall be deemed effective on the third day after deposited as registered or
certified mail, postage pre -paid, directed to the parties at the addresses set forth above
and /or to the address shown for the owner /taxpayer of the Burdened Property as set forth
in the Yakima County Tax Assessor's office. Couriered notices shall be delivered when
the courier's records indicate that delivery has occurred.
Stormwater Drainage Easement -3
Jec\John.1. Haas \City.Yakima \Haas. Swale. Easement
9. Attorney's Fees. In the event a party or their successors brings an action to enforce or
interpret their rights under this Stormwater Drainage Easement, the prevailing party in
such action shall be entitled to receive all costs and reasonable attorney's fees actually
incurred in addition to any damages to which they are due by reason of such action.
IN WITNESS WHEREOF, the undersigned have set their names the day and year first
above written.
GRANTOR: GRANTEE:
JOHN L HAAS, INC., a CITY OF YAKIMA, WASHINGTON
Delaware Corporation
By: J� ,��c %�, By:
y /
Its: /2 tOl c C''Pe- cH,.1 Its: �v
CITY CONTRAC ( NO:, we9 ,-- t'n
RESOLUTION NO:, —
ACKNOWLEDGEMENTS
STATE OF It )(IS GY1 }
1 ss
County of \J tt 1
On this ({ 0 day of November, 2007, _ before me personally appeared
hOn , to me known to be the t r c ? r 04 aiDt' 6'lc_: t i,t1_S of
JOHN L HAAS, INC., file corporation that executed the within and foregoin 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 h t, (he /she /they)
(was /were) authorized to execute said instrument and that the seal affixed hereto (if any) is the
corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the
day and year first above written.
1
N _04
4 016 P t r t;4i'I� t.VV
Notary Public in and • the State of
" ihk0 �1' Residing at 1116
S„.1 ' My Commission Expires - loritt, rr . 1
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U Ale Hi
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S tormwater Drainage Easement -4
Jcc \John. L Haas \C ity. Yaki ma \Haas. Swa le. Easement
STATE OF WASHINGTON }
} ss
County of Yakima }
On this D day of i ovetnber, 2O07, before me personally appeared
to me known to be the L1cri` tutu ,( of
CITY OF YAKIMA,`WASHINGTON, the municipality that executed the hin and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
aid municipality, for the uses and purposes therein mentioned, and on oath stated that
(he /she /they) (was /were) authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the
day and year first above written.
Notary Public i' nd for the State of ( J3 I'
Residing at 1 K0
rx • My Commission Expires ' J� ( J
0 , 1,42,11
OF
Stormwater Drainage Easement -5
Jcc\John.1. Haas \City. Yaki ma \Haas. Swal e. Easement
1099 INPUT FORM
DATE OF CLOSING:
SUBJECT PROPERTY: A Stormwater Drainage Easement on a PORTION OF
PARCEL NO. 181314 -14431
AMOUNT OF SALE: $17,695.00 for easement
$ 750.00 statutory review fees
SELLER(S): JOHN I. HAAS, INC.
TAX I.D. NO. /3- 21'0 4 Z
1112 NORTH 16 AVENUE
YAKIMA WA 98902
509-469-4199
TAXES PAID BY
SELLER(S): $0
PURCHASER(S): CITY OF YAKIMA TAX ID # 91- 6001293
129 North 2 Street
Yakima WA 98901
575 -6040
UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE NUMBER SHOWN ON THIS
STATEMENT IS MY CORRECT TAXPAYER IDENTIFICATION NUMBER.
SELLER(S): PURCHASER(S):
JOHN I. H , AAS, IN / C. CITY OF YAKIMA, a municipal corporation
By i L - By
r ,- R.A. ZAIS, JR?City Manager
This form is needed for all real estate sales transactions closed after 12/31/1986. The completion of this form
will provide the information necessary to produce form 1099 pursuant to and required by the Internal Revenue
Code, Section 6045(E).
You are required by law to provide your correct taxpayer identification number. If you do not provide your
correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law.
1099 INPUT FORM Law Offices
718 - 129 \me \yakima cit \river road\haas\1 099 input form LYON WEIGA - & GUSTAFSON PS
Lyon Law Offices s - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883