20070094 Wyndstone Possession & User Agree 09162006C.E.S. NW Inc.
Civil F.~a~ineeri~rg c^ 3~rnrelin~
Letter of Transmittal
5210 12th 5[ East
Fife, WA 98424
Phone: (253) 922-1532
RECEIVED Fax: (253) 922-1954
SEP 21 ~
TO: Jim Gibson, Development Review Engineer Project No. 06164
Community Development Department Project Name: Wyndstone
City of Yelm Regarding: Possession/Use
P.O. Box 479 Agreement
Yelm, WA 98597 Date: September 19, 2006
WE ARE SENDING:
NO. COPIES DATE NO. DESCRIPTION
1 5 pgs Possession and Use agreement
1 1 pg Copy of email exchange for reference
THESE ARE TRANSMITTED:
Mr. Gibson
Enclosed is a signed and notarized Possession and Use Agreement for our project located on Berry
Valley Road, tax parcel number 21724420300. Please note that the proposed plat name has changed to
Wyndstone.
Also included is a copy of an email exchange between Mike Goral, Westbrook Investments and Brian
Fagernes, Skillings-Connolly for your reference.
If you have any questions, comments or need additional information, please do not hesitate to contact us
Thank you,
~~~
Lori L. Harvey
Land Planner
C.E.S. NW, Inc.
5210 12th Street E
Fife, WA 98424
253.922.1532
253.922.1954 fax
City of Yelm
Public Works
P.O. Box 474
Yelm, WA 98597
Uocument Title: Possession and Use Agreement
Reference ,~'umher of Related Document:.V/,4
Grantor(.): Regent/Mahan LLC
Grarstee: City of Yelm
Legal Description. Ptn ojWU2 of h'W'1/4 ofNWl/4 of SEl/4 of Sec 24 T171v' RI F.
Additional Legal Description is on Page S gjDocument
Assessor's Tar Parcel Numher/s): 2172-44-203(10
POSSESSION AND L;SE AGttEEMETT
SR 510 / Tahoma Blvd. LID No. 2
'T'his AGREEMENT is made and entered into by and between Regent /Mahan LLC..
hereinafter referred to as the "Owner", and the City of Yelm, hereinafter referred to as the
WITNESSEI'11
WHEKEAS, the City affirms that the Owner's real estate described herein is required by
the City for immediate construction of a transportation project.
ANll WIIEREAS, the City affirms that any delay in its construction program is contrary
to the public interest,
Page 1 of S pages Parcel No. 73
POSSESSION AND USE AGREF,MF,NT
AND WHEREAS, the City agrees to make a firm and continuing offer to pay the fair
market value for the purchase of the following described real estate situated in Thurston
County, in the State of Washington:
See Exhibit A attached hereto and made a part hereof.
AND WHF.RF,AS, the Owner will require time W evaluate said offer and/or to resolve
any questions wncerning just wmpensation;
NOW THEREFORF„ the (honer hereby grants to the City a right to possess and use the
above described real estate and the parties further agree that:
1. The real estate is necessary for a public use of the City of Yelm.
2. Execution of this agreement by the undersigned party shall not prejudice such
party's right to subseyuent adjudication of just compensation pursuant to state
law, and neither shall this agreement, nor the basis therefore, be construed as an
admission of fair market value or just compensation by any of the parties named
herein.
3. If it becomes necessary for the City to institute condemnation proceedings, the
Owner has no objection to the City entering an Order Adjudicating Public LJse, as
provides by RCW 8.04.070, and agree that this instrument shall be treated as
having the same legal effect as an Order for ltntnediate Possession provided by
RCW 8.04.090, et seq., which, by this reference, are incorporated herein as if
fully set forth.
4. The date of valuation for the determination of just compensation shall be the date
that this agreement is accepted and approved by the City
5. The Owner hereby waives the requirement of a written notice to move, as
provided by RCW 8.26.180, and will surrender possession of the above described
real estate to the City not later than the date of receipt of payment.
Page Z of 5 pages Parcel No. 73
NOSSF.SSION AND USE AGREE MF,NT
It is understood and agreed that delivery of this agrcement is hereby tendered and that the
terms and obligations hereof shall not become binding upon the City unless and until
accepted and approved hereon in writing by the City.
Dated ~- , 2006
OWNER:
Rcgent / Mahan LLC
By: ~ il~.~`yh 1~~-P-.
Accepted and Approved:
Cirty of Yelm
Page 3 of 3 pages Parcel No. 73
POSSESSION ANU USE ACREEM>JNT
STATE OF WASHINGTON )
ss.
County of )
On this ~ day of ~~~T , 2006, before me personally appeared
__~_ _, to me known to be the ~p~(~~_ of
Regent / Mahan LLC, the corporation that executed the within and foregoing instrument,
and acknowledged 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 he/she is
authorised to execute said instrument.
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my official
seal the day and yc;ar lust above written.
9 )
'~''1i~`t1YY{~ ~.{~yA~i
~\ ~\~~5''.iN'Fynf,' IY.'~ s
?`NOTARY `~~= OarV (print nam )
pUg G Notary Public.Jn and fir the/1S~tate of Washington,
.9+ %, s.~ •d-,.°~ residing at T I~~~ l;l4fAat I ~ /7_/7
i~f•~,+~sIrep„`fl ~lff„` ~' ' My Appointment expires ~'/~ Q~l
t~IlrabK, ~la~ In~t1~OCt:.
Page 4 of 5 pages Parcel No. 73
P1ISSESSIf)N.4ND USE AGREEMENT
EXHIBIT A
RIGHTS TO BE ACQUIRED IN FEF,
That portion of the West Half of the Northwest Quarter of the Northwest Quarter of the
Southeast Quaricr of Section 24, Township 17 North, Range 1 Fast, W.M.,described as
follows:
Beginning at the intersection of the west line of said Northwest Quarter with the south
right of way margin of Berry Valley Road as described in the document recorded under
Auditor's file number 8103250043; thence, along said margin, South 88°14'31" East
3.1.69 feet to the east line of said parcel; thence, along said east line,
South 1°28'Sl" West 43.061'eet to the beginning of anon-tangent curve, the radius point
ol'which bears Norih 9°00'22" West 547.00 feet; thence westerly along said curve,
through a central angle of 10°45'51" an arc distance of 102.76 feet; thence, parallel with
said margin, North 88°14'31" West 229.48 feet to the west line of said parcel; thence,
along said west line, North 1°28'30" East 52.G9 feet to the point of beginning.
Containing an area of 17,143 square feet more or less.
Page 5 of 5 pages Parcel No. 73
Mike Goral
From: Brian R. Fagemes [bfagernes~skillings.com]
Sent: Monday, September 18, 2006 8:10 AM
To: mgoral(c~westbrookinvestments.com
Cc: Jim Gibson, PE
Subject: FW: City of Yelm (Killion Road Project)
Hello - I'm lust following up on the status of the Possession and Use Agreement I emailed to you on the 6th.
Please let me know the status of review/endorsement. Thank you. Brian
---0riginal Message-----
From: Brian R. Fageme5 [mailto:bfagemes@sklltlrtgs.oorn]
Sent: Wednesday, September 06, 2006 10:05 AM
To: mgoral@westbrookinvestments.com
Cc: Jim Gibson
Subject: Gty of Yelm {Killion Road Project)
Per Jim Gibson's request, I'm forwarding an electronic copy of the Possession and Use Agreement the City is
requesting from landowners on Phase 1 of the Killion Road Project (SR 510/ Tahoma Blvd. LID #2).
Please call me with any questions or concerns.
Thank you,
Brian
Skillings-Connolly, Inc.
Brian Fagemes, OB
Real Estate Services Manager
Office: (360) 491-3399
Cell: (360) 790-3754
www.skillings.com
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9/18/20(X>