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HomeMy WebLinkAboutPFY River Road, LLC - Settlement AgreementSETTLEMENT 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 PFY River Road, LLC, a Washington limited liability company (hereafter referred to as "PFY"). 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 16th 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 6th day of June, 2006; and WHEREAS, PFY owns certain real property situated at 2601 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 PFY 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 the value of said portion of PFY's property that will be necessary for the construction and/or existence of the Project to be $3,800 and the SETTLEMENT AGREEMENT - 1 718-129\rhg\yakima cit\river road\pfy\settlement agreement Law Offices 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 value of the improvements thereon which will be affected by the construction and/or existence of the Project to be $26,300; and WHEREAS, PFY accepts the appraised value of $3,800 for the said property which will be acquired by the City for the construction and/or existence of the Project but has obtained an independent estimate for the costs of reconstructing the improvements on said property which will be affected by the construction and/or existence of the Project which is significantly higher than the value of the said improvements established by the City's independent appraiser; and WHEREAS the City and PFY 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 IS THEREFORE AGREED by and between the City and PFY that for purposes of settlement only: 1. The City shall pay PFY $129,209.21 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. PFY agrees to accept $129,209.21 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. PFY shall transfer all 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-1 and C-2 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. SETTLEMENT AGREEMENT - 2 718-129\rhg\yakima cit\river road\pfy\settlemer t agreement Law Offices 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 4. The City and PFY 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 April 30, 2009. The closing agent shall be Lyon, Weigand & Gustafson PS, 222 North Third Street, Yakima, Washington. 6. This Settlement Agreement expresses the full and complete settlement by and between the City and PFY with respect to said property. 7. The undersigned acknowledges that they have completely read this Settlement Agreement and fully understand and voluntarily accept 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 PFY's property by the construction and/or existence of the Project and has full authority to execute this Settlement Agreement for and on behalf of PFY. 8. The terms and conditions of this Settlement Agreement shall not be amended or modified except in writing signed by the City and PFY. 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. SETTLEMENT AGREEMENT - 3 718-129\rhg\yakima cit\river road\pfy\settlem.ent agreement Law Offices 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 DATED this _£q 'day of April, 2009. THE CITY OF YAKIMA By\�C c R. A. Zais, Jr., GA/ Manager SETTLEMENT AGREEMENT - 4 718-129\rhg\yakima cit\river road\pfy\settlement agreement PFY RIVER ROAD, LLC By Powell Family of Yakima, LLC, Member Timothy Powell, Manager/Member Law Offices 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 PFY RIVER ROAD, LLC'S PROPERTY That portion of Lots 17 and 18, FRUITVALE, as recorded in Volume "A" of Plats, Page 20, described as follows: Beginning at the Southeast corner of said Lot 17; thence North 90°00' West along the South line thereof 607.20 feet to the true point of beginning; thence North 01°27' East 363.20 feet; thence North 75°02' West 66.99 feet; thence North 90°00' West 109.63 feet; thence South 00°08' East 380.38 feet to the South line of said Lot 18; thence North 90°00' East 164.27 feet to the true point of beginning. (ASSESSOR'S PARCEL NO. 181314-21406 EXHIBIT "B" ATTACHMENT TO SETTLEMENT AGREEMENT LEGAL DESCRIPTION OF TAKE - PFY RIVER ROAD, LLC TO CITY OF YAKIMA The South 10.00 feet as measured at right angles to and parallel with the South line of the hereinafter described Parcel "A"; PARCEL "A": That portion of Lots 17 and 18, FRUITVALE, as recorded in Volume "A" of Plats, Page 20, described as follows: Beginning at the Southeast corner of said Lot 17; thence North 90°00' West along the South line thereof 607.20 feet to the true point of beginning; thence North 01°27' East 363.20 feet; thence North 75°02' West 66.99 feet; thence North 90°00' West 109.63 feet; thence South 00°08' East 380.38 feet to the South line of said Lot 18; thence North 90°00' East 164.27 feet to the true point of beginning. (PORTION OF ASSESSOR'S PARCEL NO. 181314-21406 When recorded, please return to: RUSSELL H. GILBERT Lyon Weigand & Gustafson PS P.O. Box 1689 Yakima WA 98907 STATUTORY WARRANTY DEED THE GRANTOR, PFY RIVER ROAD, 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 10.00 feet as measured at right angles to and parallel with the South line of the hereinafter described Parcel "A"; PARCEL "A": That portion of Lots 17 and 18, FRUITVALE, as recorded in Volume "A" of Plats, Page 20, described as follows: Beginning at the Southeast corner of said Lot 17; thence North 90°00' West along the South line thereof 607.20 feet to the true point of beginning; thence North 01°27' East 363.20 feet; thence North 75°02' West 66.99 feet; thence North 90°00' West 109.63 feet; thence South 00°08' East 380.38 feet to the South line of said Lot 18; thence North 90°00' East 164.27 feet to the true point of beginning. A PORTION OF ASSESSOR'S PARCEL NO. 181314-21406 TOGETHER WITH all water rights and appurtenances including after acquired title, if any, thereunto belonging. STATUTORY WARRANTY DEED - 1 718-129\me\yakima cit\river road\pfy\swd Law Offices 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 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, agreements, covenants and conditions appearing in the record of title or apparent on inspection of said premises and/or plat. DATED this day of , 2009. PFY RIVER ROAD, LLC BY Powell Family of Yakima LLC, Member Tim Powell, Manager/Member STATE OF WASHINGTON ) ) ss. County of Yakima ) On this day personally appeared before me TIM POWELL to me known to be the Manager/Member of Powell Family of Yakima LLC, Member, a Washington 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 was authorized to execute the said instrument. GIVEN under my hand and official seal this day of , 2009. STATUTORY WARRANTY DEED - 2 718-129\me\yakima cit\river road\pfy\swd Print Name: (Print Name) Notary Public in and for the State of Washington, residing at My commission expires Law Offices 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 ClDcparebnentot evtro REAL ESTATE EXCISE TAX AFFIDAVIT vk:,r., w� srce This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61 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 instmctions) ❑Check box if partial sale of property If multiple owners list percentaee of ownership next to name SELLER Q GRANTOR Name PFY RIVER ROAD, LLC, a WA limited liability company, BUYER 111 GRANTEE Name CITY OF YAKIMA, a Washington municipal corporation, POWELL FAMILY OF YAKIMA, LLC, MEMBER Mailing Address 2601 RIVER ROAD Mailing Address 129 NORTH 2ND STREET City/State/Zip YAKIMA WA 98902 City/State/Zip YAKIMA WA 98901 Phone No, (including area code) (509) 248-8148 Phone No. (including area code) (509) 575-6040 II Name Mailing City/State/Zip Phone Send all property tax correspondence to 0 Same as Buyer/Grantee List all real and personal property tax parcel account numbers— check box if personal property PORTION OF 181314-21406 0 List assessed value(s) Address n j, No. (including area code) n 111 Street address of property • 2601 RIVER ROAD, YAKIMA WA 98902 This property is located in Yakima City ❑ 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) FOR LEGAL DESCRIPTION SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. ® Select Land Use Code(s): 69 - Miscellaneous services enter any additional codes: (See back of last page for instructions) Is this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)? YES NO ❑ 0 13 YES NO Is this property designated as forest land per chapter 84.33 RCW? ❑ 0 Is this property classified as current use (open space, farm and ❑ agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property 0 per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation 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 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information This land ❑ does 0 does not qualify for continuance. DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all 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 PRINT NAME gList all personal property (tangible and intangible) included in selling price. N/A If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) WAC 458-61A-206 Reason for exemption CONDEMNATION PROCEEDINGS Type of Document STATUTORY WARRANTY DEED Date of Document Gross Selling Price "Personal Property (deduct) Exemption Claimed (deduct) Taxable Selling Price Excise Tax : State Local *Delinquent Interest: State Local *Delinquent Penalty Subtotal *State Technology Fee *Affidavit Processing Fee Total Due 0,0050 129,209.21 0.00 129,209.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.00 5.00 10.00 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS O I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantee or Grantee's Agent Name (print) R.A. ZAIS, JR., CITY MANAGER Date & city of signing: ; YAKIMA WA Signature of Grantor or Grantor's Agent Name (print) TIM POWELL, MANAGER/MEMBER Date & city of signing: ; YAKIMA WA Perjury: Perjury is a class C felony which is punishable by impnsonment 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 five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 84 000Ie (7/31/08) THIS SPACE - TREASURER'S USE ONLY C COUNTY TREASURER EXHIBIT "A" ATTACHMENT TO REAL ESTATE EXCISE TAX AFFIDAVIT PFY RIVER ROAD, LLC TO CITY OF YAKIMA The South 10.00 feet as measured at right angles to and parallel with the South line of the hereinafter described Parcel "A"; PARCEL "A": That portion of Lots 17 and 18, FRUITVALE, as recorded in Volume "A" of Plats, Page 20, described as follows: Beginning at the Southeast corner of said Lot 17; thence North 90°00' West along the South line thereof 607.20 feet to the true point of beginning; thence North 01°27' East 363.20 feet; thence North 75°02' West 66.99 feet; thence North 90°00' West 109.63 feet; thence South 00°08' East 380.38 feet to the South line of said Lot 18; thence North 90°00' East 164.27 feet to the true point of beginning. A PORTION OF ASSESSOR'S PARCEL NO. 181314-21406 %venue Department of Wexiavon REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-6IA WAC when stamped by cashier. TIIIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale of property© If multiple owners list percentage of ownership next to name -1 F —1z u./O ❑ Name PFY RIVER ROAD, LLC, a WA limited liability company, POWELL FAMILY OF YAKIMA, LLC, MEMBER Mailing Address 2601 RIVER ROAD City/State/Zip YAKIMA WA 98902 Phone No. (including area code) (509) 248-8148 m oaoe v Name CITY OF YAKIMA, a Washington municipal corporation, Mailing Address 129 NORTH 2ND STREET City/State/Zip YAKIMA WA 98901 Phone No (including area code) (509) 575-6040 ® Send all property tax correspondence to OSame as Buyer/Grantee Name Mailing Address City/State/Zip Phone No. (including area code) List all real and personal property tax parcel account numbers — check box if personal property PORTION OF 181314-21406 ❑ n n n List assessed value(s) 2601 RIVER ROAD, YAKIMA WA 98902 ® Street address of property: This property is located in Yakima City ❑ 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) FOR LEGAL DESCRIPTION SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. CISelect Land Use Code(s): I69 - Miscellaneous services enter any additional codes: (See back of last page for instructions) Is this property exempt front property Inc per chapter 84.36 RCW (nonprofit organization)? YES NO ❑ 0 ElList all personal property (tangible and intangible) included in selling price. N/A YES Is this property designated as forest land per chapter 84.33 RCW? 0 Is this property classified as current use (open space, faint and ❑ agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, fann and agriculture, or timber) land, you must sign on (3) below. The county assessor must then detenninc if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation 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 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land 0 does ❑ does not qualify for continuance. NO 0 a ❑ 0 DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all 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 PRINT NAME If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) WAC 458-61A-206 Reason for exemption CONDEMNATION PROCEEDINGS Type of Document STATUTORY WARRANTY DEED Date of Document Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax : State $ Local $ *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ *State Technology Fee $ *Affidavit Processing Fee $ Total Due $ 0.0050 129,209.21 0.00 129,209.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.00 5.00 10.00 A MINIMUM OF 510.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS FY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS Signature of Signature of UE AND CORRECT. Grantor or Grantor's Agen Grantee or Grantee's Agent Name (print) TIM POWELL, MANAGER/MEMBER Name(print) R.A. ZAIS, JR., CITY MANA Date & city of signing: ; YAKIMA WA R Date & city of signing: "" ("'- 3��, ; 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 five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 84 000lc (7/31/08) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER EXHIBIT "A" ATTACHMENT TO REAL ESTATE EXCISE TAX AFFIDAVIT PFY RIVER ROAD, LLC TO CITY OF YAKIMA The South 10.00 feet as measured at right angles to and parallel with the South line of the hereinafter described Parcel "A"; PARCEL "A": That portion of Lots 17 and 18, FRUITVALE, as recorded in Volume "A" of Plats, Page 20, described as follows: Beginning at the Southeast corner of said Lot 17; thence North 90°00' West along the South line thereof 607.20 feet to the true point of beginning; thence North 01°27' East 363.20 feet; thence North 75°02' West 66.99 feet; thence North 90°00' West 109.63 feet; thence South 00°08' East 380.38 feet to the South line of said Lot 18; thence North 90°00' East 164.27 feet to the true point of beginning. A PORTION OF ASSESSOR'S PARCEL NO. 181314-21406 EXHIBIT "A" ATTACHMENT TO REAL ESTATE EXCISE TAX AFFIDAVIT PFY RIVER ROAD, LLC TO CITY OF YAKIMA The South 10.00 feet as measured at right angles to and parallel with the South line of the hereinafter described Parcel "A"; PARCEL "A": That portion of Lots 17 and 18, FRUITVALE, as recorded in Volume "A" of Plats, Page 20, described as follows: Beginning at the Southeast corner of said Lot 17; thence North 90°00' West along the South line thereof 607.20 feet to the true point of beginning; thence North 01°27' East 363.20 feet; thence North 75°02' West 66.99 feet; thence North 90°00' West 109.63 feet; thence South 00°08' East 380.38 feet to the South line of said Lot 18; thence North 90°00' East 164.27 feet to the true point of beginning. A PORTION OF ASSESSOR'S PARCEL NO. 181314-21406 EXHIBIT "A" ATTACHMENT TO REAL ESTATE EXCISE TAX AFFIDAVIT PFY RIVER ROAD, LLC TO CITY OF YAKIMA The South 10.00 feet as measured at right angles to and parallel with the South line of the hereinafter described Parcel "A"; PARCEL "A": That portion of Lots 17 and 18, FRUITVALE, as recorded in Volume "A" of Plats, Page 20, described as follows: Beginning at the Southeast corner of said Lot 17; thence North 90°00' West along the South line thereof 607.20 feet to the true point of beginning; thence North 01°27' East 363.20 feet; thence North 75°02' West 66.99 feet; thence North 90°00' West 109.63 feet; thence South 00°08' East 380.38 feet to the South line of said Lot 18; thence North 90°00' East 164.27 feet to the true point of beginning. A PORTION OF ASSESSOR'S PARCEL NO. 181314-21406 EXHIBIT "A" ATTACHMENT TO REAL ESTATE EXCISE TAX AFFIDAVIT PFY RIVER ROAD, LLC TO CITY OF YAKIMA The South 10.00 feet as measured at right angles to and parallel with the South line of the hereinafter described Parcel "A"; PARCEL "A": That portion of Lots 17 and 18, FRUITVALE, as recorded in Volume "A" of Plats, Page 20, described as follows: Beginning at the Southeast corner of said Lot 17; thence North 90°00' West along the South line thereof 607.20 feet to the true point of beginning; thence North 01°27' East 363.20 feet; thence North 75°02' West 66.99 feet; thence North 90°00' West 109.63 feet; thence South 00°08' East 380.38 feet to the South line of said Lot 18; thence North 90°00' East 164.27 feet to the true point of beginning. A PORTION OF ASSESSOR'S PARCEL NO. 181314-21406 DATE OF CLOSING: SUBJECT PROPERTY: AMOUNT OF SALE: SELLER(S): TAXES PAID BY SELLER(S): PURCHASER(S): 1099 INPUT FORM 04/30/2009 A PORTION OF PARCEL NO. 181314-21406 and payment for improvements and structures damaged by the construction River Road Improvement Project $129,209.21 PFY RIVER ROAD, LLC Powell Family of Yakima, LLC, Member TAX ID #26-2807460 2601 RIVER ROAD YAKIMA WA 98902 Telephone: 509-248-8148 $0 CITY OF YAKIMA 129 North 2nd Street Yakima WA 98901 575-6040 TAX ID # 91-6001293 UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE NUMBER SHOWN ON THIS STATEMENT IS MY CORRECT TAXPAYER IDENTIFICATION NUMBER. SELLER(S): PURCHASER(S): PFY RIVER ROAD, LLC CITY OF YAKIMA, a municipal corporation Powell Family of Yakima, LLC, Member Tim Powell, Manager/Member R.A. ZAIS, J . ity 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 718-129\me\yakima cit\river road\pfy\1099 input form Law Offices 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 1) To: From: Subject: Memorandum April 23, 2009 Dick Zais Brett Sheffield, Chief Engineer Doug Mayo, City Engineer Review Appraisal for BNSF property. The attached paperwork is to finalize the right-of-way purchase and payment to replace the brick and wrought iron fence at 2601 River Road. The initial appraisal to replace this fence and purchase the right of way was $40,000, so the City had placed in the County Registry an amount of $30,100 to cover this cost. As you can see from the settlement agreement, the owners of 2601 River Road did not agree with the appraised value. After great effort, we finally got estimates from two contractors - Stephen and Sons and Ken Leingang Excavating to replace the fence. The low estimate, including tax, to replace the fence was $125,409.21. With the cost of the right-of-way remaining at $3,800, the City will need to pay an additional $99,109.21 to cover the full cost of replacing the fence and purchasing the land ($129,209.21). Please sign where shown on the paperwork, so we can finalize this transaction. If you have any questions, feel free to call Brett at 6797. i RETURN TO: CITY OF YAKIMA 129 NORTH 2nd STREET YAKIMA, WASHINGTON 98901 NOT SUBJECT TO REAL ESTATE EXCISE TAX DEPUTY TRE- SUR DOCUMEN ITLE: Easement Deed GRANTOR: PFY RIVER ROAD LLC GRANTEE: CITY OF YAKIMA 11*11 1111 111116 I 11 01111311111011 FILE# 7960530 YAKIMA COUNTY, WA 10/16/2017 10:11:O6AM EASEMENT PAGES: 3 VALUED CUSTOMER Recording Fee: 76.00 ABBREVIATED LEGAL DESCRIPTION: A portion of Lots 17 and 18, plat of Fruitvale, within the Northwest Quarter of Section 14, T.13N.,R.18E.,W.M. ASSESSOR'S TAX/PARCEL NUMBER(S): 181314-21406 EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS: That: PFY RIVER ROAD LLC a WASHINGTON STATE LIMITED LIABILITY COMPANY, grantor(s), for and in consideration of the sum of _$0.00 and other good and valuable consideration in hand paid by the City of Yakima, a municipal corporation of the State of Washington, grantee, the receipt whereof is hereby acknowledged, do hereby give and grant unto said grantee, its successors and assigns, as a requirement of the City of Yakima Planning Application CL I#085-17 and Building Permit No. B170617, a perpetual easement and right of access through, over and across the following described real property, to -wit: THE EAST 16 FEET OF THE SOUTH 63 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOTS 17 AND 18, OF THE PLAT OF FRUITVALE, AS RECORDED IN VOLUME "A" OF PLATS, PAGE 20, RECORDS OF YAKIMA COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 17; THENCE N90°00'00"W, ALONG THE SOUTH LINE THEREOF 607.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE NI°27'E 363.20 FEET; THENCE N75°02'W 66.99 FEET; THENCE N90°00'00"W 109.63; THENCE S0°08'00"E 380.38 FEET TO THE SOUTH LINE OF' SAID LOT 18; THENCE N90°00'00"E 164.27 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT OF THE SOUTH 10 FEET THEREOF. 1 of 3 III for the purpose of constructing, installing, maintaining and operating a water line and fire hydrant assembly , with the right of ingress and egress to said water line and fire hydrant assembly with perpetual right to enter into and upon said lands for the purpose of installing, reinstalling, or constructing or reconstructing, as necessary, and maintaining said water line and fire hydrant assembly, and also, at all times in the future, for the purpose of repairing, inspecting, maintaining and operating said water line and fire hydrant assembly. The rights and obligations of the parties hereto shall be binding upon and shall benefit their respective heirs, successors and assigns. Grantee's use of the easement shall be limited to the uses described herein and shall in no other way interfere with the development, use or access of Grantor's real property. Grantor agrees to not install any permanent structure with said easement or interfere with operation of the fire hydrant assembly. Given under ^%-f hand this lQ`� n day of � �c � , 20 �7 . Marta ' - M.Q - of-�wAAA Cetna4 j p� • 5o1,G pwr"r a'b 1FY Z V,Q.f 2o0 -d , L( - It is understood and agreed that the delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Yakima unless and until accepted and approved hereon in writing for City of Yakima, by the City Manager and the City Engineer. APPROVED AND ' CCEPTED By: ,n �� B � Date Acknowledged By: (3( City Engineer Date 2 of 3 (This Notary Certificate is prepared on a separate page numbered 3 of 3 and applies to the Easement Deed pages numbered 1 of 3, and 2 of 3 executed by PFY RIVER ROAD, LLC pertaining to Assessor's Parcel No(s). 181314-21406 and dated lD—Cv—(7 STATE OF WASHINGTON County of } } ss } On this low day of QG{-012.4 , 20 11 , before me personally appeared Ti M L L. Q .. , and to me known to be the r`n .sy.tok. a_ to aid. of--arcv-a.d.).'r'oyy.;L,,, OD o.ltirr}?l a WA 1-(- .-. , the sq r1'�or }are -r rn•w _ t _"_T `� y R gar eerpe+ ien that executed the within and foregoing instrume ht, an acknow edged the said instrument to be th ree Rmaa ti . and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (he, s . -tI ey) (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 nay Official Seal the day and year first above written. Nota Public i for the State of ry w tlr� Residing at 5i , 1.` k0 1 My Commission Expires 3-10- a -O 3 of 3