20030925000435 \ . '
RETURN ADDRESS:
SUSAN DELANTY JONES
PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE, SUITE 2900
SEATTLE, WA 98104 -1158
20 030925000435
PUBLIC OF 008 28.00
09/25/2003 10:34
KING COUNTY, WA
Please print neatly or type information
Document Title(s)
CONSENT JUDGMENT AND DECREE OF APPROPRIATION
Reference Number(s) of related documents
Additional Reference #'s on page
Grantor(s) (Last, First and Middle Initial)
HUSBY COMPANY
Additional Grantors on page
Grantee(s) (Last, First and Middle Initial)
CITY OF FEDERAL WAY
Additional Grantees on page
Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range, quarter /quarter)
See Exhibit A attached to Consent Judgment and Decree of Appropriation
Additional Legal on Exhibit A
Assessor's Property Tax Parcel /Account Number
797880 - 0020 -02
Additional parcel #'s on page _
•
r ot r
Ina
•
• The Honorable Laura Gene Middaugh
2 03 A.P 22 nib 2: 52
K1N3 COUNTY'
3 C u jT CLERK': CERTIFIED
4 f tLE, W . COPY
5 EXP07
6
7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
8 IN AND FOR THE COUNTY OF KING
9 CITY OF FEDERAL WAY, a municipal
corporation,
10 No. 02 -2- 19486 -9 KNT
Petitioner,
11 CONSENT JUDGMENT AND
v. DECREE OF APPROPRIATION
12
THE FIRESTONE TIRE AND RUBBER Tax Parcel No: 797880 - 0020 -02
13 COMPANY, an Ohio corporation; et al, Husby Company
14 Respondents. [Clerk's Action Required]
15
JUDGMENT SUMMARY
16
17 1. Petitioner City of Federal Way
18 2. Vested Fee Owners Husby Company
19 3. Principal Judgment $ 28,235.00
20 4. Costs and Fees Each party to bear its own costs and expert and attorney's
fees.
21
5. Prejudgment Interest Included in Principal Judgment Amount
22
23 6. Unpaid Just Compensation Amount shall bear interest at the rate of 12% per
annum pursuant to RCW 4.45.110 from the date this Consent Decree and
24 Judgment of Appropriation is entered until the unpaid balance of the Just
Compensation Amount is paid into the registry of the Court in the manner set forth
25 herein.
ORIGINAL
CONSENT JUDGMENT AND DECREE OF
APPROPRIATION - 1
PRESTON 2 OOD GATES ViNs LLP
SUITE 2900
K:\3 4 8 87100 01 21AAM\AAM_P208L SEATTLE, WASHINGTON 98104 -1158
TELEPHONE: (206) 623 -7580
FACSIMILE: (206) 623 -7022
1
1 JUDGMENT AND DECREE
2 THIS MATTER having come before the Court upon the consent of the parties
3 upon the Petition of the City of Federal Way ( "Petitioner "), seeking:
4 1) A determination of just compensation to be paid in money for the taking
and appropriation of the subject property;
5
2) A judgment and decree of the Court providing for payment of the just
6 compensation so determined; and
7 3) A decree of appropriation vesting title to the subject property in Federal
Way and adjudging that Federal Way be entitled to immediate possession
8 thereof.
9 THE COURT HAVING previously entered its adjudication of public use and
10 necessity declaring that the use for which the subject property, legally described in
11 Exhibit A to this decree, and as described in the petition (the "Property "), is sought to be
12 appropriated is a public use, and declaring that there is a public necessity for such
13 appropriation, and Petitioner having been represented by Susan Delanty Jones of Preston
14 Gates & Ellis LLP, its attorney, and Respondent Husby Company having been represented
15 by its attorney, John Paul Turner of Rodgers Deutsch & Turner PLLC, and the parties
16 having stipulated to and approved the form of this Consent Judgment and Decree of
17 Appropriation,
18 NOW, THEREFORE, in accordance with the parties' stipulation and agreement, it
19 is hereby
20 ORDERED, ADJUDGED AND DECREED that the sum of Twenty Eight
21 Thousand Two Hundred Thirty Five Dollars ($28,235.00) represents the just
22 compensation for the Property taken. In order to satisfy the monetary requirements of this
23 Consent Decree, Federal Way has deposited the amount of Twenty Five Thousand Two
24 Hundred Dollars ($25,200.00) and will deposit the additional amount of Three Thousand
25 Thirty Five Dollars ($3,035.00) into the court's registry for a total amount of $28,235.00.
CONSENT JUDGMENT AND DECREE OF
APPROPRIATION - 2 PREST ON GATES h V Ea UE
SUITE 2900
K:13 4 8 8710 0 01 21AAMWAM_P208L SEATTLE, WASHINGTON 98104-1158
TELEPHONE: (206) 623 -7580
FACSIMILE: (206) 623 -7022
•
1 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon
2 deposit of this sum into the registry of the court and entry of this Consent Decree,
3 Petitioner is hereby granted the right to appropriate, use and take the Property and all of
4 the right, title and interest of respondent Husby Company in or to the Property described
5 in Exhibit A to this Decree, and of those claiming by, through or under them, shall be
6 vested in petitioner in fee simple.
7 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon
8 depositing of an additional $3,035.00 into the registry of the court, bringing the total
9 amount to $28,235.00 in the registry of the court, Federal Way will provide notice to all
10 parties with an interest in the Property. Husby and such parties, if any, must seek
11 disbursement of the funds, if at all, pursuant to RCW 8.12.150.
12 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified
13 copy of this Consent Decree and Judgment of Appropriation shall be filed in the Office of
14 the King County Auditor and shall be recorded by such Auditor like a deed of real estate
15 with like effect.
16 DONE IN OPEN COURT this day o , 2003.
17 .
X sy` �
18 x,0 NO
GQ Q G `� ® D GE i �� • T COMMISSIONER
19 G OVQ` � `/,`�
20
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22
23
24
25
CONSENT JUDGMENT AND DECREE OF
APPROPRIATION - 3
PRESTON 2 GATES LP
SUITE 2900
K:1348871000121AAM\AAM_P208L SEATTLE, WASHINGTON 98104-1158
TELEPHONE: (206) 623 -7580
FACSIMILE: (206) 623 -7022
1
1 Presented by: *".44°4444"2"4.
2 PRESTON GATEf& ELLIS LLP
3 H. 0 1 kilot.P
4 By • AP 40
S Delanty Jones, WSBA # 095 Ar
5 • lina A. McLauchlan, WSBA # 3 M
Attorneys for Petitioner
6 City of Federal Way.
7 Approved as to Form;
Approved for Entry:
8
RODGERS, DUETSCH & TURNER PLLC
9
10 / By
1 1 John P 1 Turner, WSBA # 21 128
Attorn - y for Respondent
12 Husby Company
13
14
15
16
17
18
19
20
21
22
23
24
25
CONSENT JUDGMENT AND DECREE OF
PRESTON - 4 92 5 PO A A LLP
SUITE 2900
K:\34887100012AAM1AAM_P208L SEATTLE, WASHINGTON 98104 -1158
TELEPHONE: (206) 623 -7580
FACSIMILE: (206) 623 -7022
•
RIGHT OF WAY FROM PARCEL NO 7978800020
THE WEST 12 FEET OF TRACT 62, SUPPLEMENTAL STATE PLAT IN SECTION 16, TOWNSHIP 21 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 42 OF PLATS, PAGES 23 AND 24, IN KING COUNTY, WASHINGTON. .
CONTAINING 1,241 SQUARE FEET, MORE OR LESS.
SURVEYORS NOTE:
THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 991 IS BASED ON THE RIGHT OF WAY PLANS FOR
SR 99 HOV LANES PHASE 2, ON F /LE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS.
•
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E A R T H `] T E C H
A tICO INTERNATIONAL LTD. COMPANY - -
E xhibi t _ A
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PROPERTY LINE
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TRACT 62
SUPPL. STATE PLAT
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TAX LOT . NUMBER
•
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`O Q PROPOSED ROW TAKE
AREA = 1.241 S F.
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EXISnNC
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2I 50'
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in
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EXHIBIT MAP
PARCEL 7978800020 ROW TAKE
DEC. 2001 ACRD No 7978800020
E A R T H T EC H
10800 N.E. 8th St. - 720 S. 333 St. SIe 200
7th Floor Federal Way. WA 9800.3
Bellevue. WA 98004 253 838 -6202
425 455 -9494
f
at
•
STATE OF WASHINGTON1
County of King WASHINGTON}
I. BARBARA MINER, Clerk of • ; i.. r Court
of the State of Washington, for the County of Ki g, do he :. certify
that I have compared the foregoing copy with t = original 1 ru - nt as
the same appears on file and of record in my o ' e, and t =t the ame
is a true and perfect transcript of said original an of the ole t - reof.
IN TESTIMONY WHEREOF, I have her- . •.. set m , han• : , • ed
Seal of selbS court at my office at S the
day of " L G 20 is
BARBARA MINER, upe • r Court Clerk
By
Dep rer'_
TANJALA LAMBETH
POLICY OF TITLE INSURANCE ISSUED BY
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, PACIFIC
NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured
by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated
therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of
the title, as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused this
policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in
Schedule A.
President
PACIFIC NORTHWEST TITLE nt.: ned by:
Insurance Company, Inc. eir
�s���E Auth.� ized Signato
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vb'g �! Comp PA CIFIC NORTHWEST TITLE
- 4SNINms- Seattle, Washington
City, State
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any
violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but
not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and
not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
0-1093- 175842
ALTA OWNER'S POLICY — 10 -17 -92
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Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE A
Order No.: 412485 Policy No.: 1093 - 175842
Policy Date: September 25, 2003 Policy Amount: $28,235.00
at 10:34 a.m.
1. Name of Insured:
CITY OF FEDERAL WAY, a municipal corporation
2. The estate or interest in the land described herein and which is
covered by this Policy is:
FEE SIMPLE
3. The estate or interest referred to herein is at date of Policy
vested in:
CITY OF FEDERAL WAY, a municipal corporation
4. The land referred to in this Policy is described as follows:
The west 12 feet of Tract 62, Supplemental State Plat in Section 16,
Township 21 North, Range 4 East, W.M., in King County, Washington,
according to the plat thereof recorded in Volume 42 of Plats, pages
23 and 24, in King County, Washington.
cg
• • •
Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE B
Policy No.: 1093 - 175842
This policy does not insure against loss or damage by reason of the
following:
GENERAL EXCEPTIONS:
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims of easements, not shown by the public record.
3. Encroachments, overlaps, boundary line disputes, or other matters
which would be disclosed by an accurate survey or inspection of the
premises.
4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records, or liens under the Workmen's Compensation Act
not shown by the public records.
5. Any title or rights asserted by anyone including but not limited to
persons corporations, governments or other entities, to tide lands,
or lands comprising the shores or bottoms of navigable rivers,
lakes, bays, ocean or sound, or lands beyond the line of the harbor
lines as established or changed by the United States Government.
6. (a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water.
7. Taxes or special assessments which are not shown as existing liens
by the public records.
8. Any service, installation, connection, maintenance, capacity, or
construction charges for sewer, water, electricity or garbage
removal.
9. Indian tribal codes or regulations, Indian treaty or aboriginal
rights, including, but not limited to, easements or equitable
servitudes.
SPECIAL EXCEPTIONS:
As on Schedule B, attached.
• •
0
Policy No.: 1093 - 175842
SCHEDULE B
Page 2
SPECIAL EXCEPTIONS:
NONE
END OF SCHEDULE B
XX /rag
SETTLEMENT OF JUST COMPENSATION CLAIMS
THIS AGREEMENT is made this a day o between the City of
Federal Way, (the "City" or "Federal Way ") and the Husby Company ( "Husby ")
(collectively, "the Parties ") in the case of City of Federal Way v. Firestone et al., King
County Cause No. 02 -2- 19486- 9 -KNT;
WHEREAS Husby is a vested owner of property located in Federal Way,
Washington, legally described in, and depicted on, Exhibit A to this Agreement (together
with all improvements, the "Property" or "Parcel "57 "); and
WHEREAS the City is acquiring by condemnation a fee simple interest in the
Property as part of the Pacific Highway South HOV Lanes Project, Phase II ( "the
Project "); and
WHEREAS the City filed an action in eminent domain under King County
Superior Court Cause No. 02 -2- 19486 -9 KNT, entitled City of Federal Way v. Firestone
Tire & Rubber Company, et al. (the "Lawsuit "), to acquire title to the Property; and
WHEREAS the Parties desire to settle all issues between them that were or could
have been raised in the Lawsuit;
IT IS HEREBY AGREED AS FOLLOWS:
I. Just Compensation
A. The City will pay Twenty Eight Thousand Two Hundred Thirty Five
Dollars ($28,235.00), inclusive of all amounts, including interest, as just compensation
(the "Just Compensation Funds ") for the purchase of a fee simple interest in the Property
described in Exhibit A. Federal Way will also pay up to the statutory amount of $750.00
for the expenses of evaluating Federal Way's offer, upon presentation of an invoice of
actual expenses.
B. Contemporaneously with the execution of this Agreement, Husby's
counsel shall sign and return to Federal Way's attorneys a Consent Judgment and Decree
of Appropriation, in the form attached as Exhibit B to this Agreement ( "Consent
Decree "). The Consent Decree will provide for transfer of a fee interest to the Property
upon Federal Way's filing of the Consent Decree after entry by the court.
C. Husby acknowledges that on November 6, 2002, Federal Way deposited
the sum of Twenty Five Thousand Two Hundred Dollars ($25,200.00) into the registry of
the court, which amount is a credit against the Just Compensation Funds. Consequently,
the remaining amount to be tendered into the court is the difference between the agreed
compensation of $28,235.00 and the amount previously tendered, or $3,035.00.
• •
D. The City will promptly begin processing the Just Compensation Funds
check in the amount of $3,035.00 and will deposit it into the registry of the court within
fifteen (15) days of the date this Agreement is fully executed. The actual date of deposit
of funds is referred to hereinafter as the "Date of Deposit."
E. Husby will not be required to pay for any transaction costs, excise fees, or
recording fees in connection with the transfer of property rights to the City under this
Agreement.
F. It will be the responsibility of Husby, and other parties with an interest in
the Property, in any, to seek disbursement of the Just Compensation Funds pursuant to
RCW 8.12.150.
II. Access, Design and Construction Issues
A. Contemporaneously with the execution of this Agreement, Husby
acknowledges that it has agreed to execute Right of Entry in the form attached hereto as
Exhibit C sous to permit the City to carry out the work and the intent of this Agreement.
B. Contemporaneously with the execution of this Agreement, Husby
acknowledges that it has agreed to execute a Right of Entry for Electrical Service
Connection in the form attached hereto as Exhibit D, so as to permit the City to carry out
the work and intent of this Agreement.
C. Contemporaneously with the execution of this Agreement, the City
acknowledges that it will construct two driveways into the remaining Husby property as
part of the Project, as depicted on Exhibit E attached hereto.
D. The City's Director of Public Works will exercise his discretion to allow a
waiver of the requirement to provide onsite retention/detention for no more than 2,000
square feet of new impervious surfaces associated with the proposed parking/turnaround.
The proposed improvements and associated storm water runoff will be required to be
treated in accordance with City standards prior to release from the site. The proposed
work will be done by the property owner. The waiver will be valid for a period of one
year from the date of entry of the Consent Judgment and Decree of Appropriation.
III. Miscellaneous
A. The City shall record a release of lis pendens within fifteen (15) business
days of the Date of Deposit.
B. In entering into this Agreement, the Parties each represent that they have
read, understand and agree to the terms of the foregoing Agreement, that they have had
the opportunity to have this Agreement reviewed and explained by legal counsel, and that
•
after such opportunity for review and counsel, they have signed the Agreement and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in
the Agreement.
C. This Agreement represents a full and final adjudication of the rights and
obligations of the Parties in connection with the Project. Husby hereby releases the City,
its successors and assigns from any and all liability of any nature whatsoever in
connection with any claims for just compensation in connection with the condemnation
of the Property for the Project, the removal of any signs and reconstruction of any
driveway, except the ongoing obligations contained in this Settlement Agreement and
attachments hereto are not released.
D. The City hereby releases Husby, its successors and assigns from any and
all liability of any nature whatsoever in connection with the Lawsuit, except that the
ongoing obligations contained in this Settlement Agreement and attachments hereto are
not released.
E. This Agreement may be signed in multiple counterparts, each of which
shall be deemed an original and all of which shall constitute one agreement, and the
signature of any party in counterpart shall be deemed as a signature to and may be
appended to any other counterpart.
DATED: , 2003 CITY ► ,/- .1 id AY
B ��W/,L..
y �./
• avid H. o seley
City Manager
Approved as to form:
By: �cl,� \Ak ,�
atricia A. 'c dson
City Attorney
HUSBY COMPANY
DATED: q /• , 2003 By:
Robert Husby
Its: ?re s .. 1.
K:134887100012\AAN A1M A2081
•
•
RIGHT OF WAY FROM PARCEL NO. 7978800020
THE WEST 12 FEET OF TRACT 62, SUPPLEMENTAL STATE PLAT IN SECTION 16, TOWNSHIP 21 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 42 OF. PLATS, PAGES 23 AND 24, IN KING COUNTY, WASHINGTON. .
CONTAINING 1,241 SQUARE FEET, MORE OR LESS.
SURVEYORS NOTE:
THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 99) IS BASED ON THE RIGHT OF WAY PLANS FOR
SR 99 HOV LANES PHASE 2, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS.
•
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Al gir i ( � 1
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EXPIRES 10 -01- 03
OZ -011.--02_
parcel 7978800020.doc
E A R T E C H E C H
A tqco INTERNATIONAL LTD. COMPANY
Exh _ A �
•
•
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0 0 ROW
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TRACT 62
1 SUPPL. STATE PLAT
w t,; VOL. 42. PG. 23 -24
TAX LOT NUMBER
0 I 7978800020
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r` f to PROPOSED ROW TAKE
t • l W AREA = 1.241 S.F
EXISTING —I
ROW
I PROPERTY LINE
41 50' -
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EXISTING I
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1
EXHIBIT MAP
PARCEL 7978800020 ROW TAKE
DEC. 2001 ACAD No. 7978800020
E A R T H T EC H •
10800 N.E. 8th St. / 720 S. 333 St. Ste.200
7th Floor { / Federal Way. WA 98003
Bellevue. WA 98004 253 838 - 6202
425 455 -9494 •
•
1 The Honorable Laura Gene Middaugh
2
3
4.
5
6
7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
8 IN AND FOR THE COUNTY OF KING
9 CITY OF FEDERAL WAY, a municipal - -
corporation,
10 No. 02 -2- 19486 -9 KNT
Petitioner,
11 CONSENT JUDGMENT AND
v. DECREE OF APPROPRIATION
12
THE FIRESTONE TIRE AND RUBBER Tax Parcel No: 797880- 0020 -02
13 COMPANY, an Ohio corporation; et al, Husby Company
14 Respondents. [Clerk's Action Required]
15
16
JUDGMENT SUMMARY
17 1. Petitioner City of Federal Way
18 2. Vested Fee Owners Husby Company
19 3. Principal Judgment $ 28,235.00
20 4. Costs and Fees Each party to bear its own costs and expert and attorney's
21 fees.
5. Prejudgment Interest Included in Principal Judgment Amount
22
23 6. Unpaid Just Compensation Amount shall bear interest at the rate of 12% per
annum pursuant to RCW 4.45.110 from the date this Consent Decree and
2 4 Judgment of Appropriation is entered until the unpaid balance of the Just
Compensation Amount is paid into the registry of the Court in the manner set forth
25 herein.
CONSENT JUDGMENT AND DECREE OF
PRESTO
rl GATES & sLUS LLP
APPROPRIATION - 1 925 OURTH A
F VENUE
Exhibit SUITE 2
K�348871000121AAMWAM P208L SEATTLE, WASHINGTON 96104 -1158
- TELEPHONE (206) 623-7580
FACSIMILE (206) 623-7022
•
1 JUDGMENT AND DECREE
2 THIS MATTER having come before the Court upon the consent of the parties
3 upon the Petition of the City of Federal Way ( "Petitioner "), seeking:
4 1) A determination of just compensation to be paid in money for the taking
and appropriation of the subject property;
5
2) A judgment and decree of the Court providing for payment of the just
6 compensation so determined; and
7 3) A decree of appropriation vesting title to the subject property in Federal
Way and adjudging that Federal Way be entitled to immediate. possession
8 thereof.
r._ THE COURT I1AVING previously etnt::Tcd its adjudication of public use
10 necessity declaring that the use for which the subject property, legally described in
11 Exhibit A to this decree, and as described in the petition (the "Property "), is sought to be
12 appropriated is a public use, and declaring that there is a public necessity for such
13 appropriation, and Petitioner having been represented by Susan Delanty Jones of Preston
14 Gates & Ellis LLP, its attorney, and Respondent Husby Company having been represented
15 by its attorney, John Paul Turner of Rodgers Deutsch & Turner PLLC, and the parties
16 having stipulated to and approved the form of this Consent Judgment and Decree of
17 Appropriation,
18 NOW, THEREFORE, in accordance with the parties' stipulation and agreement, it
19 is hereby
20 ORDERED, ADJUDGED AND DECREED that the sum of Twenty Eight
21 Thousand Two Hundred Thirty Five Dollars ($28,235.00) represents the just
22 compensation for the Property taken. In order to satisfy the monetary requirements of this
23 Consent Decree, Federal Way has deposited the amount of Twenty Five Thousand Two
24 Hundred Dollars ($25,200.00) and will deposit the additional amount of Three Thousand
25 Thirty Five Dollars ($3, 035.00) into the court's registry for a total amount of $28,235.00.
CONSENT JUDGMENT AND DECREE OF PRESTON GATES & ELLIS LLP
APPROPRIATION - 2 925 FOURTH AVENUE
K:\ 34887\000121AAM\AAM P208L L W
SUITE
IN 2TGTO
SEATTLE, WASHINGTON 98104-1158
TELEPHONE (206) 623-7580
FACSIMILE:. (206) 623 -7022
. •
1 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon
2 deposit of this sum into the registry of the court and entry of this Consent Decree,
3 Petitioner is hereby granted the right to appropriate, use and take the Property and all of
4 the right, title and interest of respondent Husby Company in or to the Property described
5 in Exhibit A to this Decree, and of those claiming by, through or under them, shall be
6 vested in petitioner in fee simple.
7 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon
8 depositing of an additional $3,035.00 into the registry of the court, bringing the total
o i28,2 33.00itFth registry of tore - court eclerai Way will provide ziotic to ell
10 parties with an interest in the Property. Husby and such parties, if any, must seek
11 disbursement of the funds, if at all, pursuant to RCW 8.12.150.
12 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified
13 copy of this Consent Decree and Judgment of Appropriation shall be filed in the Office of
14 the King County Auditor and shall be recorded by such Auditor like a deed of real estate
15 with like effect.
16 DONE IN OPEN COURT this day of , 2003.
17
18
19 JUDGE /COURT COMMISSIONER
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CONSENT JUDGMENT AND DECREE OF
PRESTON GATES & ELLIS LLP
APPROPRIATION - 3 ' 925 FOURTH AVENUE
SUITE 2900
K:\ 348871000121AAM1AAM P208L SEATTLE, WASHINGTON 98104 -1158
TELEPHONE: (206) 623 -7580
FACSIMILE:. (206) 623 -7022
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1 Presented by:
2 PRESTON GATES & ELLIS LLP
3
4 By
Susan Delanty Jones, WSBA # 09529
5 Alina A. McLauchlan, WSBA # 31576
Attorneys for Petitioner
6 City of Federal Way
7 Approved as to Form;
Approved for Entry:
8
RODGERS, DUETSCH & TURNER PLLC
10
By
11 John Paul Turner, WSBA # 21128
Attorney for Respondent
12 Husby Company
13
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CONSENT JUDGMENT AND DECREE OF PRESTON GATES & ELLIS LLP
APPROPRIATION - 4 925 FOURTH AVENUE
SUITE 2900
K:134887 \00012VAAMIAAM_P208L.. SEATTLE, WASHINGTON 98104-1158
- -
TELEPHONE (206) 623 -7580
FACSIMILE (206) 623 -7022
•
RIGHT OF WAY FROM PARCEL NO. 7978800020
THE WEST 12 FEET OF TRACT 62, SUPPLEMENTAL STATE PLAT IN SECTION 16, TOWNSHIP 21 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, ACCORDING TO THE PLAT THEREOF .
RECORDED IN VOLUME 42 OF PLATS, PAGES 23 AND 24, IN KING COUNTY, WASHINGTON.
CONTAINING 1,241 SQUARE FEET, MORE OR LESS.
SURVEYORS NOTE:
THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 991 IS BASED ON THE RIGHT OF WAY PLANS FOR
SR 99 HOV LANES PHASE 2, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS.
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A R E c H
A VICO INTERNATIONAL LTD. COMPANY
E xhibi tk
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PROPERTY L1NE
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N.T.S. 2• _
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TRACT 62
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W , t o • VOL. 42. PG. 23 -24
•r .r TAX LOT NUMBER
ce] 2 7978800020
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AREA = 1,241 S.F.
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57
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EXHIBIT MAP
PARCEL 7978800020 ROW TAKE
DEC. 2001 ACAD No. 7978800020
E A R T H ' ‘.,? T EC H
10800 N.E. 8th St. it 720 S. 333 St. Ste.200
7th Floor / Federal Way. WA 98003
Bellevue. WA 98004 - 253 838 - 6202
425 455 -9494
Return Address:
City of Federal Way
Attn: Public Works Dept.
P. O. Box 9718
Federal Way, WA 98063 -9718
Pacific Highway South HOV Lanes Phase II
RIGHT OF ENTRY
(Parcel 57, Tax Lot No. 797880- 0020 -02)
The undersigned ( "Grantor ") has an interest in that certain real property situated
in Federal Way, Washington and depicted on Attachment 1 attached hereto and
incorporated by this reference "Property"). )
rP Y
(the Pro a .Grantor does hereby grant to the City of
( P rtY Yom' ty
Federal Way, a Washington municipal corporation ("Grantee") and to its agents a right of
entry onto the portion of the Property as shown on Attachment 1, for the purpose of
tying -in Federal Way's right of way improvements to the Property. This work may
include, but is not limited to, tie -in work relating to driveways, slope restoration,
drainage, utilities, irrigation, and property restoration.
This Right of Entry shall commence at such time as the City of Federal Way
issues the NOTICE TO PROCEED to the prime contractor for construction of the Project
improvements and shall terminate no later than December 31, 2004.
DATED this day of , 2003.
GRANTOR
Husby Company
By:
Robert Husby
Its:
Exhibit
•
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be
the of the Husby Company that executed the foregoing 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 he /she
was authorized to execute said instrument and that the seal affixed, if any, is the
corporate seal of said corporation.
DATED this day of , 2003.
(signature)
print name
NOTARY PUBLIC in and for the State of
Washington, residing at
My Ex ires:
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Expires:
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RIGHT OF ENTRY
r.LE NAME: ro._57.dly 05.0EC -2002. 14:30:41
ATTACHMENT "1"
Return Address:
City of Federal Way
Attn: Public Works Dept.
PO Box 9718
Federal Way, WA 98063 -9718
Pacific Highway South HOV Lanes Phase I
Right of Entry for Electrical Service Connection
( Parcel 57, Tax Lot No. 797880- 0020 -02)
The undersigned ( "Grantor ") having an interest in that certain real property (the
"Property') located at 32812 Pacific Highway South commonly known as One Hour Sign in
Federal Way, Washington and depicted on the attached sketch hereto and incorporated by this
reference, Grantor does hereby grant to the City of Federal Way, a Washington municipal
corporation ( "Grantee "), and to its agents the right of entry onto Property for the purpose of
connecting the overhead service at the buildings to the transformer, installed by PSE. This work
may consist of installing poles, conduits, power lines, and other work necessary to maintain
service to the buildings.
Said right of entry shall commence on the anticipated construction start date of July 1,2003 and
terminate upon completion of the project, but no later than December 31, 2004.
DATED THIS day of , 2003.
Grantor
HUSBY COMPANY
By:
Robert Husby, President
Its:
• •
Exhibit
PARCEL: 797880 -0020
•
STATE OF WASHINGTON _ )
) ss._
COUNTY OF )
On this day personally appeared before me , to me known to be the
of the Husby Company that executed the foregoing 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 he /she was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
DATED this day of , 2003.
(signature)
print name
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
K:i348871000121AAM AAM O208M
PARCEL: 797880 -0020
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Return Address:
City of Federal Way
Attn: Public Works Dept.
P. O. Box 9718
Federal Way, WA 98063 -9718
Pacific Highway South HOV Lanes Phase II
RIGHT OF ENTRY
(Parcel 57, Tax Lot No. 797880 - 0020 -02)
The undersigned ( "Grantor ") has an interest in that certain real property situated
in Federal Way, Washington and depicted on Attachment 1 attached hereto and
incorporated by this reference (the "Property "). Grantor does hereby grant to the City of
Federal Way, a Washington municipal corporation ( "Grantee ") and to its agents a right of
entry onto the portion of the Property as shown on Attachment 1, for the purpose of
tying -in Federal Way's right of way improvements to the Property. This work may
include, but is not limited to, tie -in work relating to driveways, slope restoration,
drainage, utilities, irrigation, and property restoration.
This Right of Entry shall commence at such time as the City of Federal Way
issues the NOTICE TO PROCEED to the prime contractor for construction of the Project
improvements and shall terminate no later than December 31, 2004.
DATED this 4 t\-- day of Se-pw,bo,r , 2003.
GRANTOR
Husby Company
B l
Robert Husby
Its: PSG;. .�,..3C
. •
STATE OF WASHINGTON )
ss.
COUNTY OF /VAT__
)
On this day erso ally appeared before me r „1 ;,y to me known to be
the of the Husby Company that executed e foregoing instrument,
and cknowledged 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 he /she
was authorized to execute said instrument and that the seal affixed, if any, is the
corporate seal of said corporation.
DATEDt day of / , 2003.
s J�P. E. T/ ‘� �1 4 /
i �� o� NOTAR 9� �� (signature)
Y n,' i M'i 1 - 7hf1'7Yl56il.J
PUBLIC ; print name
1 ?c NOTARY PUBLIC in and or the State of
‘‘�������� Washington, residing at ! _ /'
My Commission Expires: -_ r/ A.
1034887 \00012WAMWIM O208K
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RIGHT Oft ENTRY
FILE NAME: foe-5741v 05-DEC -2002 14:3O 41
ATTACHMENT "1"
• •
Return Address:
City of Federal Way
Attn: Public Works Dept.
PO Box 9718
Federal Way, WA 98063 -9718
Pacific Highway South HOV Lanes Phase I
Right of Entry for Electrical Service Connection
( Parcel 57, Tax Lot No. 797880 - 0020 -02)
The undersigned ( "Grantor ") having an interest in that certain real property (the
"Property') located at 32812 Pacific Highway South commonly known as One Hour Sign in
Federal Way, Washington and depicted on the attached sketch hereto and incorporated by this
reference, Grantor does hereby grant to the City of Federal Way, a Washington municipal
corporation ( "Grantee "), and to its agents the right of entry onto Property for the purpose of
connecting the overhead service at the buildings to the transformer, installed by PSE. This work
may consist of installing poles, conduits, power lines, and other work necessary to maintain
service to the buildings.
Said right of entry shall commence on the anticipated construction start date of July 1, 2003 and
terminate upon completion of the project, but no later than December 31, 2004.
DATED THIS '9' day of 1oc.. , 2003.
Grantor
HUSBY COMPANY
By:
Robert Husby, Pre ' ent
Its: Fr,r�.A.,.,1
PARCEL: 797880 -0020
• • • •
STATE OF WASHINGTON )
ss.
COUNTY OF 21/49_ )
On this day personally appeared before me i f ;,= i - . �� , to me known to be the
of the Husby Compan that executed e foregoing instrument, and
cknowledged 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 he /she was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
DATED this 7 day of I / , 103.
Ae
E. TH0 0 ‘‘ ,
• 41 / (signat e)
�, • �S1
OTAR 9 ,i S Ttim-riSaci
: o N _� Y print name
• v PUBLIC • • NOTARY PUBLIC in and r th State of
Washington, residing at
�% WAS = My Commission Expires: o949 -OS
K:134887100012W1M\AAM O208M
PARCEL: 797880 -0020
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