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Home My WebLink AboutMS-River Park, LLC - Settlement Agreement 1099 INPUT FORM DATE OF CLOSING: SUBJECT PROPERTY: A PORTION OF PARCEL NO. 181314 -22423 AMOUNT OF SALE: $1,000.00 SELLER(S): MS -RIVER PARK LLC TAX IDNO.d0�� 101 HODENCAMP ROAD #200 THOUSAND OAKS CA 91360 805- 494 -7704 TAXES PAID BY SELLER(S): $0 PURCHASER(S): CITY OF YAKIMA TAX ID # 91- 6001293 129 North 2nd 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): MS -RIVER PARK LLC CITY OF YAKIMA, a municipal THE SILAGI FAMILY T DATED corporation 2/9/1987, MANAGER *F S -RIVER PARK LLC By R.A. ZAIS, J=., City Manager BY Moshe Sil'gi, vo- Tr.stee of The Silagi Family Trust dat -d 2/:/1987 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 akima cit \river road \ms river park\1099 input form LYON WEIGA - & GN North TSON PS 718 - 129 \me\ y P P Lyon Law Offices - 222 North Thud Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 • E I)c lt,r,tn u Unt rti v e nue REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW - CHAPTER 458-61A WAC when stamped by cashier. TIIIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (Sce back of last page for instructions) Check box if partial sale of property If multiple owners, list percentage of ownership next to name Name MS RIVER PARK LLC Name CITY OF YAKIMA, a Washington municipal corporation, a California limited liability company 101 Hodencam Road Site 200 129 NORTH 2ND STREET Mailing Address P z m Address Q v: City /State /Zip Thousand Oaks CA 91360 c City /State /Zip YAKIMA WA 98901 Phone No (including area code) (805) 494 -7704 Phone No. (including area code) (509) 575 -6040 I Send all property tax correspondence to, Same as Buyer /Grantee List all real and personal property tax parcel account List assessed value(s) numbers — check box if personal property Name _ PORTION OF 181314 -22423 ❑ Mailing Address - n City /Slate /Zip n Phone No (including area code) — ❑ E Street address or property 2801 RIVER ROAD, YAKIMA WA 98902 This property is located in Yakima ❑ Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) The South 30.00 feet of the East 190 feet of Lot 19, Fruitvale, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, EXCEPT: the West 160 feet thereof. Enter Abstract Use Categories: 10 - OtherMi List all personal property (tangible and intangible) included in selling Retail Hardware price. (Sce back of last page for instructions) N/A Seller's Exempt Reg. No • YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property exempt from property tax per chapter ❑ 0 84.36 RCW (nonprofit organization)? WAC No. (Section /Subsection) WAC 458 -61A -206 YES NO Reason for exemption Is this property designated as forest land per chapter 84.33 RCW? [] Q CONDEMNATION PROCEEDINGS Is this properly classified as current use (open space, farm and ❑ ri agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property ❑ el Type of Document STATUTORY WARRANTY DEED per chapter 84.26 RCW? Date of Document If any answers are yes. complete as instructed below. (I) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) Gross Selling Price $ 1,000.00 NEW OWNER(S): To continue the current designation as forest land or *Personal Property (deduct) $ 0.00 classification as current use (open space, farm and agriculture, or timber) 1,000.00 land, you must sign on (3) below. The county assessor must then determine Exemption Claimed (deduct) $ if the land transferred continues to qualify and \\'ill indicate by signing below. Taxable Selling Price $ 0.00 If the and no longer qualifies or you do not wish to continue the designation Excise Tax :State $ 0.00 or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 0.0050 Local $ 0.00 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact *Delinquent Interest: State $ 0.00 • your local county assessor for more information. Local $ 0 00 This land ❑ does ❑ does not qualify for c *Delinquent Penalty $ 0.00 Subtotal $ 0.00 DEPUTY ASSESSOR DATE *State Technology Fee $ 5.00 (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, *Affidavit Processing Fee $ 5.00 sign (3) below, If the new owner(s) do not wish to continue, all Total Due $ 10.00 additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE A MINIMUM OF 510.00 IS DUE IN FEE(S) AND /OR TAX *SEE INSTRUCTIONS PRINT NAME I CERTIFY UNDER PEN ' Y OF PERJURY THAT THE FOREGOING IS "'RUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent / Grantee or Grantee's Agent Name (print) Moshe Silagi R.A. ZAIS, JR., CITY MANAGER Name (print) Date & city of signing: housand Oaks CA Date & city of signing: j/ a / i / Cr ' ; YAKIMA WA Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than live thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.(20 (IC)). REV 84 0001 ac (a) (07/26/06) THIS SPACE - TREASURER'S USE ONLY COUNTY ASSESSOR 7e - Mrtnien( evenue REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458 -61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Cheek box if partial sale of property If multi le owners, list ercenta_e of ownershif next to name. Name MS RIVER PARK LLC Name CITY OF YAKIMA, a Washington municipal corporation, a California limited liability company Mailing Address 129 NORTH 2ND STREET z Maihna Address 101 Hodencamp Road Site 200 N J City /State /Zip Thousand Oaks CA 91360 City /State /Zip YAKIMA WA 98901 Phone No (including area code) (805) 494 -7704 Phone No. (including area code) (509) 575 -6040 List all real and personal property tax parcel account Send all property tax correspondence to. ❑ Same as Buyer /Grantee numbers — check box if personal property List assessed value(s) Name _ PORTION OF 181314 -22423 n Mailing Address __ Ct /Sip _ n Phone No (including urea code) n Street address of property 2801 RIVER ROAD, YAKIMA WA 98902 This property is located in Yakima ❑ Check box if any of the listed parcels are being segregated from a larger parcel Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) The South 30.00 feet of the East 190 feet of Lot 19, Fruitvale, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, EXCEPT: the West 160 feet thereof. Enter Abstract Use Categories: 10 - Other a List all personal property (tangible and intangible) included in selling Retail Hardware price. (Sce back of last page for instructions) N/A Seller's Exempt Reg. No. YES NO If claiming an exemption, list WAC number and reason for exemption: • Is this property exempt from property tax per chapter ❑ 84.36 RCW (nonprofit organization)? WAC No. (Section /Subsection) WAC 458 -61A -206 YES NO Reason for exemption Is this property designated as forest land per chapter 84.33 RCW? ® fl Is this property classified as current use (open space, farm and ❑ CONDEMNATION PROCEEDINGS agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property ❑ El Type of Document STATUTORY WARRANTY DEED per chapter 84.26 RCW? Date of Document If any answers are yes, complete as instructed below. (1) NOTICE OFCONI'LNUANCE (FOREST LAND OR CURRENT USE) Gross Selling Price $ 1,000.00 NEW OWNER(S): To continue the current designation as forest land or *Personal Property (deduct) $ 0.00 classification as current use (open space, farm and agriculture, or timber) 1,000.00 • land, you must sign on (3) below. The county assessor must then determine Exemption Claimed (deduct) $ if the land transferred continues to qualify and will indicate by signing below. Taxable Selling Price $ 0.00 lithe land no longer qualifies or you do not wish to continue the designation Excise Tax : State $ 0.00 or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 0.0050 Local $ 0.00 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact *Delinquent Interest: State $ 0.00 your local county assessor for more information. Local $ 0.00 this land ❑ does ❑ does not qualify for continuance. *Delinquent Penalty $ 0.00 Subtotal $ 0.00 DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (IIISTORIC PROPERTY) *State "Technology Pee $ 5.00 NL \V OWNER(S): To continue special valuation as historic property. *Affidavit Processing Fee $ 5.00 sign (3) below. 11' the new owner(s) do not wish to continue, all Total Due $ 10.00 additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE A MINIMUM OF S10.00 IS DUE IN FEE(S) AND /OR TAX *SEE INSTRUCTIONS PRINT NA1'IE I CERTIFY UNDER PENALTY • F PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agent Name (print) Moshe Sila Name (print) R.A. ZAIS, JR., CITY MANAGER Date & city of signing: ; T,housa Oaks CA WA Date & city of signing: Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum tern of not more than five years, or by a fine to an amount fixed by the court of not more than five thousand dollars ($5.000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 84 0001 ac (a) (07/26/06) TIIIS SPACE - TREASURER'S USE ONLY DEPT. OF REVENUE evenue TAX AFFIDAVIT REAL ESTATE EXCISE T This form is your receipt • PLEASE TYl'E OR PRiNF CHAPTER 82.45 RCW — CHAPTER 458 - A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑Check box if artial sale of ro crly If multi le ovncrs. list ercentaae of ownershi next to name Name MS RIVER PARK LLC Name CITY OF YAKIMA, a Washington municipal corporation, a California limited liability company O z Mailing Address 101 Hodencamp Road Site 200 Mailing Address 129 NORTH 2ND STREET c Cite /State /Zip Thousand Oaks CA 91360 m c4 City /State /Zip YAKIMA WA 98901 Phone No (including arca code) (805) 494 -7704 Phone No (including area code) (509) 575 -6040 List all real and personal property tax parcel account Send all property tax correspondence to 0 List assessed value(s) Same as Buyer /Grantee numbers — cheek box if personal property Name PORTION OF 181314 -22423 ❑ Mailing Address fl — City!StdtciZip _— _ J Phone No (including area code) ❑ Street address of property. 2801 RIVER ROAD, YAKIMA WA 98902 This property is located in Yakima ❑ Check box if any of the listed parcels are being segregated from a larger parcel Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) The South 30.00 feet of the East 190 feet of Lot 19, Fruitvale, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, EXCEPT: the West 160 feet thereof. Enter Abstract Use Categories:11 List all personal property (tangible and intangible) included in selling Retail Hardware price. (Sec track of last page for instructions) N/A Seller's Exempt pt Rcg. No, YES NO If claiming an exemption, list WAC number and reason for exemption: is this property exempt from property tax per chapter ❑ ❑ 54.36 RCW (nonpiolit organization)? WAC No. (Section /Subsection) WAC 458 -61A -206 YES NO Reason for exemption • Is this property designated as forest laud per chapter 84.33 RCW? ❑ 0 CONDEMNATION PROCEEDINGS is this property classified as current use (open space, fain and ❑ 0 agricultural, or umber) land per chapter 84.34? is this property receiving special valuation as historical property ❑ D Type of Document STATUTORY WARRANTY DEED per chapter 84,26 RCW? I luny answers are yes, complete as instructed below. Date of Document (1) NOTICE OF CON'i]NUA (FOREST LAND OR cu1r USE) Gross Selling Price $ 1,000.00 NEW OWNER(S): To continue the current designation as forest land or *Personal Property (deduct) $ 0.00 classification as current use (open space, farm and agriculture, or timber) 1,000.00 land, you must sign on (3) below. The county assessor must then deten Exemption Claimed (deduct) $ if the land transferred continues to qualify and will indicate by signing below. Taxable Selling Price $ 0.00 lithe land no longer qualifies or you do not wish to continue the designation Excise Tax : State $ 0.00 or classification, it will be removed and the compensating or additional taxes will be clue and payable by the seller or transferor at the time of sale. (RCW 0.0050 Local $ 0.00 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact *Delinquent Interest: State $ 0.00 your local county assessor for more information. Local $ 0.00 This land ❑ does ❑ does not qualify for continuance. *Delinquent Penalty $ 0.00 Subtotal $ 0.00 DEPUTY ASSESSOR DATE *State Technology Fee $ 5.00 (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) 5.00 NEW OWNER(S): To continue special valuation as historic property, *Affidavit Processing Fee $ sign (3) below. if the new owncr(s) do not wish to continue, all Total Due $ 10.00 additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE A NIIN1MLIM OF S10.00 IS DUE IN FEE(S) AND /OR TAX • *SEE INSTRUCTIONS PRINT NAME T CERTIFY UNDER PENALTY 11y PERJURY THAT TIIE FOREGOING IS TRUE AND CORRECT. Signature of Signature of • Grantor or Grantor's Agent ., tt // Grantee or Grantee's Agent Name (print) Moshe Sila r 11/ R A. ZAIS, JR., CITY MANAGER r Name (print) Date & city of signing: ; Tho 'an/baks CA Date & city of signing: ; YAKIMA WA Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maxinnun term of not more than live years, or by a line in an amount fixed by the court of not more than five thousand dollars ($5.000.00), or by both imprisonment and line (RCW 9A.20.020 (1C)). REV 84 0001ac (a) (07/26/06) THIS SPACE - TREASURER'S USE ONLY TAXPAYER Ui l;,>.;inn_m of evenu REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT 13E ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if martial sale of pro ertv If multiple owners, list .ercentaae of ownershi next to name. MS RIVER PARK LLC j CITY OF YAKI MA, a Washington municipal corporation, Name f. Name oration, 9 P P a California limited liability company C Mailing Address 101 Hodencamp Road Site 200 z Mailing Address 129 NORTH 2ND STREET City /State /Zip Thousand Oaks CA 91360 v City /State /Zip YAKIMA WA 98901 • Phone No (including area code) (805) 494 -7704 Phone No (including area code) (509) 575 -6040 j List all real and personal property tax parcel account s a ' Send all property tax correspondence to GI Same as Buyer /Grantee List assessed value(s) numbers — check box if personal property Name PORTION OF 181314 -22423 ❑ Mailing Address n — City'Statu' /_ip n Phone No (including area code) —— _ -- Street address of property 2801 RIVER ROAD, YAKIMA WA 98902 This property is located in Yakima ❑ Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) The South 30.00 feet of the East 190 feet of Lot 19, Fruitvale, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, EXCEPT the West 160 feet thereof. Enter Abstract Use Categories:1 - Other List all personal property (tangible and intangible) included in selling, Retail Hardware price. (See hack of last page for instructions) N/A Seller's Exempt Reg. No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property exempt from property tax per chapter ❑ 84.36 RCW (nonprofit organization)? WAC No. (Section /Subsection) WAC 458 - 61A - 206 YES NO Reason for exemption Is this property designated as forest and per chapter 84.33 RCW? ❑ 0 CONDEMNATION PROCEEDINGS Is this property classified as current use (open space, ftnn and ❑ El agricultural, or timber) land per chapter 84.34? is this property receio ing special valuation as historical property ❑ GI Type of Document STATUTORY WARRANTY DEED pct chapter 84.26 RCW? f any answPS are yes, coniplete as instructed below. Date of Document (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) Gross Selling Price $ 1,000.00 NEW OWNER(S). To continue the current designation as forest land or *Personal Property (deduct) $ 0.00 classification as current use (open space. farm and agriculture. or timber) 1,000.00 land, you must sign on (3) below. The county assessor must then determine Exemption Claimed (deduct) $ lithe land transferred continues to qualify and will indicate by signing below. Taxable Selling Price $ 0.00 lithe land no longer qualifies or you do not wish to continue the designation Excise Tax : State $ 0.00 or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 0.0050 Local $ 0.00 81.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact *Delinquent Interest: State $ 0.00 your local county assessor for more information. Local $ 0.00 This and ❑ does ❑ does not qualify for continuance. *Delinquent Penalty $ 0.00 Subtotal $ 0.00 DEPUTY ASSESSOR DATE *State Technology Fee $ 5.00 (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, *Affidavit Processing Pee $ 5.00 sign (3) below. If the new owner(s) do not wish to continue, all Total Due $ 10.00 additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE A MINIMUM OF S10.00 IS DUE IN FEE(S) AND /OR TAX *SEE INSTRUCTIONS PRINT NAME — 4 i 1 CERTIFY UNDER PE 'Cg1' 0'' PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agent Moshe Sila / Nome (print) Name (print) R.A. ZAIS, JR., CITY MANAGER Date & city of signing: Thousand Oaks CA Date & city of signing: ; YAKIMA WA Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum teen of not more than five years, or by a line in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.0)0 (IC)). REV 84 0001 ae (a) (07/26/06) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER • 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 MS -RIVER PARK LLC, a California limited liability company, (hereafter referred to as "MS -River Park "). 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, MS -River Park owns certain real property situated at 2801 River Road, 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 MS -River Park 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 property which indicates that the value of the portion of MS -River Park's property that will be necessary for the construction and /or existence of the Project and affected improvements thereon is $1,000.00; and SETTLEMENT AGREEMENT - 1 Law Offices 718 - 129 \rhg \yakima cit \river road \ms river park \settlement agreement 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 WHEREAS, MS -River Park accepts the findings set forth in the City's independent comparative market analysis and agrees that its property will be damaged by the construction and /or existence of the Project in the amount of $1,000.00; and AGREEMENT IT IS THEREFORE AGREED by and between the City and MS -River Park that for purposes of settlement only: 1. The City shall pay MS -River Park $1,000.00 in total compensation for the condemnation of a portion of MS -River Park's' property and for the damage and interference to MS -River Park's property which will be caused by the construction and /or existence of the Project. 2. MS -River Park agrees to accept $1,000.00 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. MS -River Park shall transfer all of its rights and interest in that portion of its property taken by the construction and /or existence of the Project by the execution of a Statutory Warranty Deed in fee simple absolute and an Excise Tax Affidavit in the form attached hereto as Exhibits "C" and "D" to the City and shall claim no additional interest in said property nor shall it seek additional compensation of any kind from the City for damages caused by the construction and /or existence of the Project. 4. The City and MS -River Park 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. 5. Closing on said property shall take place on or before February 29, 2008. The closing agent shall be Lyon, Weigand & Gustafson PS, 222 North Third Street, Yakima, Washington. SETTLEMENT AGREEMENT - 2 Law Offices 718 - 129 \rhg \yakima cit \river road \ms river park \settlement agreement LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street PO. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 6. This Settlement Agreement expresses the full and complete settlement by and between the City and MS -River Road with respect to said property. 7. MS -River Park acknowledges that it 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. 8. The terms and conditions of this Settlement Agreement shall not be amended or modified except in writing signed by the City and MS -River Park. This Settlement Agreement is fully integrated and constitutes the entire agreement of the Parties. There are no other agreements of these Parties. 9. 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. 10. If any provision herein is invalid, it shall be considered deleted from this Settlement Agreement and shall not invalidate the remaining provisions of this agreement. DATED this L day of IrNU r > , 2008. THE CITY OF YAKIMA MS -RIVER PARK LLC/ THE SILAGI FAMILY/TRUST DATED 2/9/1987, MANAGE OF, MS -RIVER PARK LLC BY //V R.A. ZAIS, JR., it Manager BY Y g Moshe Silage o rustee of The Silagi Family Trust da 2/9/1987 CITY CON 'MAC C NO -,�� RESOLUTION NO: ' — SETTLEMENT AGREEMENT - 3 Law Offices 718 - 129 \rhg \yakima cit \river road \ms river park \settlement agreement 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 EXHIBIT "A" ATTACHMENT TO SETTLEMENT AGREEMENT LEGAL DESCRIPTION OF MS -RIVER PARK LLC'S PROPERTY PARCEL A: Lot 5, together with the South half of unopened platted road abutting thereto on the North and the East half of unopened road abutting thereto on the West vacated by application of law and all that portion of the West 355 feet of Lot 20, FRUITVALE, lying North of the Union Ditch and all that portion of Lot 4, lying within the following described subdivision: The Northwest quarter of the Northwest quarter of Section 14, Township 13 North, Range 18, E.W.M., EXCEPT the East 243.03 feet thereof of said Lot 5, FRUITVALE, recorded in Volume A of Plats, Page 20. PARCEL B: Lot 6, and the East 243.03 feet of Lot 5, FRUITVALE, according to the plat thereof recorded in Volume A of Plats, Page 20, TOGETHER WITH the South half of unopened platted road abutting thereto on the North vacated by application of law and the East 190 feet of Lot 19, FRUITVALE; EXCEPT that portion of the West 160 feet of the East 190 feet of said Lot 19, lying South of the Union Ditch. ASSESSOR'S PARCEL NO. 181314 -22423 EXHIBIT "B" ATTACHMENT TO SETTLEMENT AGREEMENT LEGAL DESCRIPTION OF TAKE — MS -RIVER PARK LLC TO CITY OF YAKIMA The South 30.00 feet of the East 190 feet of Lot 19, Fruitvale, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, EXCEPT: the West 160 feet thereof. A PORTION OF ASSESSOR'S PARCEL NO. 181314 -22423 When recorded, please return to: RUSSELL H. GILBERT Lyon Weigand & Gustafson PS P.O. Box 1689 Yakima WA 98907 STATUTORY WARRANTY DEED THE GRANTOR, MS -RIVER PARK LLC, a Washington limited liability company, for and in consideration of TEN AND NO /100 DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, conveys and warrants to CITY OF YAKIMA, a Washington municipal corporation, the following described real estate, situated in the County of Yakima, State of Washington: The South 30.00 feet of the East 190 feet of Lot 19, Fruitvale, according to the Plat thereof recorded in Volume "A" of Plats, page 20, records of Yakima County, Washington, EXCEPT: the West 160 feet thereof. A PORTION OF ASSESSOR'S PARCEL NO. 181314 -22423 TOGETHER WITH all water rights and appurtenances including after acquired title, if any, thereunto belonging. SUBJECT TO future assessments by reason of the inclusion of said premises within the boundaries of any irrigation entity, district or company, and all other assessment districts, companies and entities. SUBJECT TO all pending and future litigation adjudicating and determining ground and surface waters in any water drainage basin of which the property is a part. SUBJECT TO rights reserved in federal patents, state or railroad deeds; building or use restrictions general to the area; zoning regulations; all rights of way, easements, reservations, restrictions, STATUTORY WARRANTY DEED - 1 Law Offices 718 - 129 \me \yakima cit \river road \ms -river park \swd 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 agreements, covenants and conditions appearing in the record of title or apparent on inspection of said premises and/or plat. DATED this day of , 2008. MS -RIVER PARK LLC THE SILAGI FAMILY T UST DATED 2/9/1987, MANAGE F S -RIVER PARK LLC 1 BY _ t� Moshe Silagi, Co -; ru.tee of The Silagi Family Trust dated 2/.91 987 STATE OF CALIFORNIA ss. County of Ventura On this day personally appeared before me MOSHE SILAGI to me known to be the Co- Trustee of The Silagi Family Trust dated 2/9/1987, Manager of MS -RIVER PARK LLC, a California limited liability company, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. GIVEN under my hand and official seal this day of 2008. (Print Name) Notary Public in and for the State of California, residing at My commission expires STATUTORY WARRANTY DEED - 2 Law Offices 718 - 129 \me \yakima cit \river road \ms -river park \swd 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 t ir-? D � p.,rtnn•irt ' t/CClI !e e REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT ❑RAP"I"ER 82 45 RCW - CHAPTER 458 -61 A WAC when stamped by cashier "FIBS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL I'AGES ARE FULLY COMPLETED (See back of last page for instructions) ❑Check box tf partial sale of property If rnultipte owners, list percentage of ownership next to name Name MS RIVER PARK LLC Name CITY OF YAKIMA, a Washington municipal corporation, ee a California limited liability company O Maiksg Address 101 Hodencamp Road Site 200 w Mailing Address 129 NORTH 2ND STREET w >- n' Cry /Stat Thousand Oaks CA 91360 Gty /State /Zip YAKIMA WA 98901 Phone No (including area code) (805) 494 -7704 Phone No (including area code) (509) 575 -6040 Send all property tax correspondence to Q Sarre as Buyer /Grantee List all real and personal property tax parcel account List assessed value(s) numbers – check box if personal property Name PORTION OF 181314 -22423 ❑ _______ Matting Address ❑ CrtyiStaiefZip Fl Phone No (Including area code) n Street address of property 2801 RIVER ROAD, YAKIMA WA 98902 This property is located in Yakima 0 Check box it 'any oldie listed parcels are being segregated front a larger parcel Legal description of property (it more space is needed, you may attach a separate sheet to each page of the affidavit) The South 30.00 feet of the East 190 feet of Lot 19, Fruitvale, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, EXCEPT the West 160 feet thereof 5 Enter Abstract Use Categories 10 - Other List all personal property (tangible and intangible) included in selling Retail Hardware price. ( See back of last page for instructions) N/A Seller's Exempt Reg No YES NO If claiming an exemption, list WAC number and reason for exemption Is This property exenpl from property tax per chapter ❑ 0 84 36 RCW (nonprofit oiganicahon)? \VAC No (Section /Subsection) WAC 458 -61A -206 YES NO Reason for exemption Is dos property designated as forest hand per chapter 84.33 RCW ❑ 0 CONDEMNATION PROCEEDINGS Is this property classified as cunent use (open space, faun turd ❑ 0 agncultund, 01 timber) land per chapter 84.34? Is this property teceivmg special valuation as htstoncad property Type of Document STATUTORY WARRANTY DEED per chapter 84.26 RCW' If an answers are yes, complete as irstnicted below Date of Document (I) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENI USE) Gross Selling Price 5 1,00000 NEW OWNER(S): To continue the cunent designation as forest land or * Personal Propel ty (deduct) S 0 00 classification as cunent use (open space, fans and agriculture, or timber) 1,000.00 land, you most sign on (3) below The count' assessor must then determine Exemption Claimed (deduct) S lithe land transfened continues to qualify and will indicate by signing below Taxable Selling Price $ 0 00 lithe land no longer qualities or you do not wish to continue the designation Excise Tax State $ 0.00 or classification, it will he removed and the compensating or addmonal taxes will be clue and payable by the seller or transferor at die time of sale (RCW .0050 Local 5 0_00 8-133140 or RCW 8434108). Pnorto signing (3) below, you maycontact *Delinquent Interest: State S 0.00 your local county assessor tin more information. Local 5 0.00 This land ❑ does ❑ does not qualify for continuance *Delinquent Penalty $ — 0.00 Subtotal $ 0.00 DEPIfl Y ASSESSOR DATE (2) NO "FICEOFCOMPLIANCE(HISTORIC PROPERTY) *State Technology Fee $ 5.00 NEW OWNERS) To continue special valuation as historic property, *Affidavit Processing Fee $ 5.00 sign (3) below If the new owner(s) do not wish to continue, all Total Due $_ 10 00 additional tax calculated) pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transfei or 01 the time of sale. (3) OWNER(S) SIGNATURE A MINIMUM OF $10.00 IS DUE IN FEE(S) AND /OR TAX *SEE INSTRUCTIONS PRINT NAME I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agent N ame (pin() Moshe Silage Name (print) R.A. ZAIS, JR., CITY MANAGER Date & city of signing. ; Thousand Oaks CA Date & city of signing ; YAKIMA WA Perjury: Perjury is a class C felony which is punishable by impisonment in the state correctional Institution for a maximum tens of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). RI1V 84 000tae (a) 107/26//061 THIS SPACE - TREASURER'S USE ONLY COUNTY "TREASURER