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Home My WebLink About4626 RESOLUTION NO. 4 6 2 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING, AUTHORIZING AND RATIFYING THE AGREEMENT FOR SETTLEMENT OF L:AWSUIT WITHOUT PREJUDICE WHEREAS, in connection a piece of property identified by the City of Auburn as part of its eventual Auburn Environmenfal Park, the owner made some claims against fhe City and the State of Washington regarding thaf property; and WHEREAS, that pcoperty, a property which the City of Auburn has interests in purchasing for an agreed price, is locafed in the vicinity of 15tn Street Northwest,and State Highway 167; and WHEREAS, the parties, including the City of Aubum and the property owner, as well as the State of Washington,, have; however, reached an agreement in the resolution of any and all such claims and it is beneficial to the City to effect such resolution in conformity with the agreement of the parties. NOW, THEREFORE, THE CITY COUNCIL OE THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Agreemenf for Settlement of Lawsuit without Prejudice, a copy of which is attached herefo, marked as Exhibit A and incorporated herein by this :reference, be, and the same hereby is, approved and the Mayor is authorized to execute the same and action taken by the Mayor in furtherance thereof is hereby ratified. Resolution No. 4626 July 14, 2010 Page 1 of 2 Secfion 2: The Mayor is hereby authorized to implement such administrative procedures as may be neeessary to carry out the directives of this legislation. Section 3. This resolution shall be in full _force and effect upon passa.ge and signatures hereon. d'h Dated and Signed this day of , 2010. GI f30F PE R B. LEV1/1S MAYOR . ATTEST: Danielle E. Daskam, City Clerk APPR VE AS TO FORM: iel B. ity A ney Resolution No. 4626 July 14, 2010. Page 2 of 2 AGREEMENT FOR SETTLEMENT : . OF WWSUIT WITHOUT PREJUDICE This AGREEMENT (this "Agreemenf) is entered into as of the ~day _of ~ 2010, by and befinreen the CITY OF AUBURN, a Washington : municipal orporation (hereinafter #he "CrM, the STATE -OF WASMlNGTON, a sovereign polifical entity. (hereinafter the "STATE*),- and ThIE AUBURN ;LAND COMPANY, °a Nevada Limited PartRership (hereinafter the "PROPERTY OWNER'). RECITALS A. The PROPERTY OWNER is the owner of certain real property described as follows: - The reaf property and all improvements thereon located in the City of Aubum, County of King, Washington, at the cammon address of 801 15th Street Northwest;-: Aubum, . . Washington (King County Tax Parcel No. 1221049009) which is legally described as _ follows ("Property"): The northeast quarter of the southwest quarter of Section 12, 'Township 21 North, Range 4 East, W:M., in King County, Washington; ' EXCEPT that portion condemned for State Highway under King County. , . Superior Court Cause Number 718093 and conveyed to the City of Aubum by Govemor's Deed recorded under King County Recording ' number 7402270280; AND EXCEPT portion . for Railroad Right of Way as estab{ished by instruments recorded under Auditor's File Nos.214685 and 220487. B. PROPERTY OWNER filed a lawsuit against the CITY and the STATE, ~ atleging inverse condemnation of the above-described Proper#y. The parties have reachecJ an agreement whereby the lawsuit, and aU claims against the CITY anci the STATE, shall be dismissed pursuant to an agreement befinreen the pacties whereby.the C1TY shall pay to the PROPERTY OWNER $75,000.00 as full and comptete compensation for the settlement of the lawsuit. AGREEMENT , NOW, .THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, PROPERTY OWNER; STATE and CITY hereby agree as follows: . 1. Seitlement of Lawsuit The PROPERTY OWNER;- the STATE :and the CITY. agree that upon the payment by tfie. CITY to the PROPERTY OWNER of $75,000.00, - the parties shall execxate and file with the Court a Stipulation and Order, of Dismissal . AGREEMENT FOR SETTLEMENT OF LAWSUI.T WITHOUT PREJUDICE Page 1 of 3 . ~ Wrthout. Prejudice and without Costs in King County Superior. Court Cause No. 07 2- 16064-7 KNT: The parties further agree that thereafter they shall promptiy take any such steps a"s necessary to remove any encumbrances or c{ouds from the legal title of the property relating to said lawsuit: I 2. _ Notices. All. notices, demands and otfier communications required or permitted ~ to be given hereunder shall be in writing, and shall be sent by personal delivery I (ncluding by means of ~professional messenger or courier service) or registered,or ~ certfied mail, postage-prepaid, retum-receipt requested. Notice shall be deemed to. ~ have been given if personally delivered, upon receipt, antl if.ser►t by mail, three (3) days i after duly deposited in the U.S. Mail. The parties' respective addresses for notice.s are i as follows: ~ If to CITY: Wrth copies to: ~ City of Aubum,. City Attorney's O#fice ~ Human Resources Department City of Aubum 25 West Main Street 25 West Main Street ~ Aubum, WA 98001-4998 Aubum, WA 98001-4998 Attn: Ditector of Human Resources Attn: C`rty Atfomey ; j If fo PROPERTY OWNER; - With copies to: Aubum Land Company Steven A. Reisler i Attn; Donald Dombrowski,,MD Attorney at Law ' 7545-Spanish Bay Road ' 4500 Sand Point Way NE Ste 250 ~ Las Vegas, Nevada 89113 Seattle, WA 98105-3941 ~ If to STATE: And to: 4 ' Washington State Dept of Transportation Washington State Dept of Transportation ; Attn: NW Region Real Estate Services Manager Attn: Director of Enterprise Risk Managemerrt I 15700 Dayton Avenue North P.O. Box 47418 j `P.O: Box 330310 . Olympia, WA 985047418 ; Seattle, WA 98133-9710 ; . ~ Notice of change of address shali be given by written notice in the manner detailed in , f this Section 2. . ~ ~ ; .3. General. This Agreement may be modified only in writing, signed by CIIY, j : STATE, and PROPERTY`OWNER. Any'waiver5 hereunder must be in writing. No waiver of any right or remedy in the event of default hereunder shali constitute a waiver i of <such right or remedy in the event of any~ subsequent default: This Agreement shatl ~ be govemed by the laws of the State of Washington. This Agreement is for the benefit ~ only 'of the parties hereto and shall inure to the benefifi of and bind the heirs, persona! { represer~tatives, successors and permitted assigns of the parties hereto. The invalidity i or, unenforceability of any provision of `this Agreement shalf ; not affect the validfty or ~ enforceabil'ity of : any „other provision hereof. This Agreement may be executed: 'in 1 counterparts, each of which shall be deemed an original, but all of which together shall I - } AGREEMENT fOR SETREMENT OF LAWSUIT WITHOUT PREJUDICE ; Page 2 of 3 ~ i ; constitute one and the same insfrument. Signatures transmitted by-email or facsimfle shatl be deemed originals. ~ . 4. Eacri of`the provisions of this Agreement has been- reviewed, and negofiated; and represent the combined'worlc product of the Parties hereto. ;No presumpfion or other rules of construction which would irrterpret the provisions of_ttiis'Agreemenf in favoc of or against the Party preparing the same shall be applicable: in connection uvith: the . construcfion or interpretation of any of the provisions of this Agreement 5. Attomeys' Fees. In the event suit,or action is instituted to interpret oc enforce tlie . terms of this Agreement, the prevailing party therein shall be eritiUed to recover.from the other party such sum as the Couct may adjudge reasonable as attomeys' fees,; induding ; fees incurred at trial, on any appeal and in any petition for review. ° .6. City Council Approval. The. signature of the Mayor of the City of Aubum hereon binds the City of Aubum herein and acknowledges the approval of the City Council of this Agreement - SIGNED in duplicate original as of the date first above written. CI U THE AUBURN LAND COMPANY Jill B Peter B. Le Aubum Mayor Name Title ATTEST: STATE OF WASHINGTON ba ` Ile E. Daskam, Aubum CiEy Clerk John Jensen, NW Region RES Mgr. Washington State Dep't of Transportation John Milton, Enterprise Risk Mgt. Dir. Washington State Dep't of Transportation APPROVED AS TO FORM: APPROVED AS TO FORM: . ~pC Daniel B. Heid, Aubum C'ity Attomey lan A. Northrip, WSBA# 21105 Assistant Attomey General AGREEMENT FOR SETTLEMENT OF LAWSUIT WITHOUT PREJUDICE , Page 3 of 3 . . . ~ . - . 4 . - . . . constitute one and the same instrument. Signatures transmitted by.email or. facsimile . shali tie deemed originats. 4. Each of the provisions of this Agreement has been, reviewed and negotiated, and represent the combined work product of the Parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement, in favor of : or against the Party preparing the- same shall be .applicable , in connection with the construction or interpretation of any.: of the provisions of fhis Agreement. . 5. -.Attomeys' Fees.. In the event suit,or action.is instifuted to interpret or enforoe the , - terms of this Agreement, the prevailing party therein'shall be entiitled to. recover from .ttie ~ other.party such sum as;the Court may adjudge reasonable as attomeys° fees, inctuding ~ fees incurred at trial, on any appeal and in any. petition for review.. _ 6: City Council Approval. The signature of the Mayor of the City of Auburn hereon binds the City of Aubum herein and acknowledges the approvaf of the City Councif`of this Agreement. . SIGNED in duplicate original as of the date first above written. ; CITY F n THE AUBURN 1AND COMPANY - By - Pe#er , ewis; Aubutn Mayor Name - ~ Title ATTEST: STATE OF WASHINGTON Danielle E: Daskam, Aubum City Clerk J n Je n, NW Region RES Mgr. Washi on Stafe Dep't of Transportation ~ , t~)'!._ Jo Milton, Enterp e Risk Mgt. Dir. ' Washington State Dep't of Transportation APPROVED AS TO FORM: , APPROVED AS TO FORM: - i' ~a. . . ; Daniel B. Heid, Aubum Cily Attomey Ian A. Northrip,.WSBA# 21.405 ` Assistan# Attomey General AGREEMENT FOR SETTLEMENT OF LAWSUIT WITHOUT PREJUDICE Page 3 of 3 ' ,