018-11 - Resolution - Contract with Coppola Relating to 321 Tremont StreetIntroduced by: Gregory A. Jacoby
Requested by: Gregory A. Jacoby
Drafted by: Gregory A. Jacoby
Introduced: July 26, 2011
Adopted: July 26, 2011
RESOLUTION NO. 018-11
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING THE POSSESSION AND USE
AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND
LAWRENCE AND DOLORES COPPOLA RELATING TO REAL
PROPERTY LOCATED AT 321 TREMONT STREET
WHEREAS, the City of Port Orchard is undertaking the Tremont Street
Widening Project (the "Project") to widen Tremont Street to provide four continuous
lanes between Port Orchard Boulevard and SR 16, replace two existing signalized
intersections with roundabouts, and construct curb, gutter, sidewalk and other
improvements; and
, · WHEREAS, in order to construct the Project, the City must acquire right-of-way
-along Tremont Street from certain property owners; and
WHEREAS, Lawrence and Dolores Coppola are the owners of real property
located at 321 Tremont Street, a portion of which the City needs to acquire for
improvements related to the Project (the "Right-of-Way Property"); and
WHEREAS, the City's right-of-way agent, Universal Field Services, hired an
independent third party appraiser to appraise the Right-of-Way Property and determine
its fair market value and he determined the fair market value is $457,000; and
WHEREAS, the appraiser's value was then subject to a second reVIew
appraiser's determination of value; and
WHEREAS, the Coppolas require additional time to evaluate the City's
appraisal and to resolve questions concerning total just compensation for the Right-of-
Way Property; and
WHEREAS, in order to allow the City to take possession and use of the Right-
of-Way Property so that the Project can stay on schedule, the City and the Coppolas have
agreed to enter into this Agreement; and
WHEREAS, the City will not pay additional compensation to the Coppolas
absent a new supporting appraisal, commencement of a condemnation lawsuit in Kitsap
County Superior Court, and approval of additional compensation by a Superior Court
judge; now, therefore;
Resolution No. 018-11
Page 2 of 2
THE CITY COUNCIL OF THE CI1Y OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Possession and Use Agreement between the City of Port
Orchard and Lawrence and Dolores Coppola relating to the real property
located at 321 Tremont Street is approved and the Mayor Pro Tern is
authorized to execute the Agreement, a copy of which is attached as
Exhibit A.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor Pro
Tern and attested by the Clerk in authentication of such passage this 26th day of July 2011.
WHEN RECORDED RETURN TO:
City of Port Orchard Public Works Dept.
216 Prospect Street
Port Orchard, WA 98366 LAND TITLE 201107280108
Agreement Rec Fee: $ 74.00 Page: 1 of 13
07/28/2~11h~1:f~nPMKitsap co Auditor
llilllifl\1111 Iii i111\ \\[ 1111111 \IIIII \Ill \Ill IIIII IIIII 1111111 Ill IIIII 1111111111 Ill\ \Ill
Title Order Number: E-206150CA
DOCUMENT TITLE(S):
Possession and Use Agreement
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
GRANTOR(S):
Lawrence F. & Dolores B. Coppola
GRANTEE(S):
City of Port Orchard
ABBREVIATED LEGAL DESCRIPTION:
NE/SE Section 34, Township
24 North, Range 1 East
TAX PARCEL NUMBER(S):
342401-4-016-2001
LPB 01-05
After recording, return to:
City of Port Orchard
Public Works Dept.
216 Project St
Port Orchard, WA 98366
Document Title: Possession and Use Agreement
Grantor: Lawrence F. and Dolores B. Coppola
Grantee: City of Port Orchard
Abbreviated Legal Description: Ptn of NE/SE S 34, T 24 N, R1 E
Assessor's Tax ParceiiD #342401-4-016-2001
Tremont Street Widening Project
Project Parcel #1-012
POSSESSION AND USE AGREEMENT
Contract No. 063-11
THIS POSSESSION AND USE AGREEMENT ("Agreement") is dated effective as of the date
last signed below and is made and entered into by and between the City of Port Orchard, a
Municipal Corporation, ("City") and Lawrence F. and Dolores B. Coppola, who acquired title
as Delores D. Coppola, husband and wife ("Owner").
RECITALS
WHEREAS, the Owner owns certain real property located at 321 Tremont Street, Port
Orchard, Washington ("Property"); and
WHEREAS, the City seeks to acquire a portion of the Property for street and related
improvements as part of the Tremont Street Widening Project (the "Project" or the "Project
Improvements"). Specifically, the City seeks to acquire a portion of the Property and Property
Rights legally described and depicted on Exhibit A hereto ("Fee Take Area"). The City also
seeks to acquire a portion of the Property for a slope easement as legally described and
depicted on Exhibit B hereto ("Slope Easement Area"). Exhibits A and B are incorporated
herein by this reference and the Fee Take Area and Slope Easement Area are hereinafter
referred to as the "Right-of-Way Property;" and
WHEREAS, the City has made a firm and continuing offer to pay the amount of Four
Hundred Fifty Seven Thousand and No/100 Dollars ($457,000.00) for the purchase of the
Right-of-Way Property pursuant to the terms and conditions of an Offer Letter dated July 6,
2010, attached hereto as Exhibit C and incorporated by this reference; and
Page 1 of 6
WHEREAS, the Owner requires additional time to evaluate the City's offer to pay the amount
of Four Hundred Fifty Seven Thousand and No/1 00 Dollars ($457 ,000.00) for the Right-of-
Way Property and/or to resolve questions concerning just compensation to be paid for the
Right-of-Way Property; and
WHEREAS, in order to allow the City to take possession and use of the Right-of-Way
Property through the exercise of the City's power of eminent domain and to take possession
so that the City can stay on schedule for the Project, the parties have agreed to enter into
this Agreement.
NOW , THEREFORE, in consideration for the mutual promises contained herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Owner hereby grants to the City the right to possess and use the Right-
of-Way Property on the following terms and conditions:
1. Possession and Use Payment. On or before the Possession and Use Date, provided
for in paragraph 3 below, the City will issue a warrant in payment in the amount of
Four Hundred Fifty Seven Thousand and No/100 Dollars ($457,000.00) (the
"Possession and Use Payment"). The City having determined, based on their review
of a preliminary commitment for title insurance, that there are:
Third parties having a compensable interest in the Right-of-Way Property. Thence ,
the warrant shall be made payable to Land Title Company of Kitsap County for the
benefit of the Owner for the amount of the firm offer stated above .
Owner Initial __g;J;b {..__ City lniti~
The Possession and Use Payment shall be credited against the just compensation to
be paid for the Right-of-Way Property as approved by the Kitsap County Superior
Court in connection with a condemnation action. The Possession and Use Date shall
be the date of recording. The City shall pay the Owner interest at the statutory rate,
from the Possession and Use Date until the date of payment of any additional
compensation, on the difference between the initial payment made and the total
amount of just compensation to be paid for the Right-of-Way Property.
2. Public Use and Necessity. The Parties stipulate and acknowledge that the Right-of-
Way Property is necessary for public use of the City. If it becomes necessary for the
City to institute condemnation proceedings, the Owner waives any objection to the
entry of an Order Adjudicating Public Use and Necessity and stipulates and
acknowledges that this Agreement shall be treated as and accorded the same
provisions as an Order for Immediate Possession and Use.
3. Possession . The City through the exercise of its power of eminent domain, hereby
requests possession and use from the Owner of, and the Owner hereby grants
possession and use to the City of the Right-of-Way Property effective upon recording
of the Agreement (the "Possession and Use Date").
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 real estate described in Exhibit
"A" to the City no later than 30 days after recording of the Possession and Use
Agreement, unless extended in writing under a separate rental agreement.
4. Term. The term of this Agreement shall run from the date this Agreement is recorded
through to the date that title to the Right-of-Way Property transfers to the City whether
Page 2 of 6
by deed or decree.
5. Liability/Indemnity. The Owner and the City hereby agree to indemnify, hold harmless
and defend each other from any and all claims, liability, damages, costs, expenses
and judgments arising from the negligence or intentional misconduct of their
respective officers, employees, agents, contractors, subcontractors, permittees or
invitees in the exercise of their rights under this Agreement, during the Term of this
Agreement. The indemnity provisions of this section shall survive the expiration or
earlier termination of this Agreement.
6. Compliance with Laws. While on the Right-of-Way Property, the City and the Owner
and their respective agents, contractors, subcontractors, permittees, invitees and
employees shall comply with all applicable federal, state, and local laws and
regulations.
7. Liens. After payment of the Possession and Use payment described in Section 1,
above, neither the City nor the Owner shall allow any liens to attach to the Right-of-
Way Property.
8. Mutual Cooperation. The Owner and the City each shall reasonably cooperate with
each other in good faith to coordinate scheduling, design, permitting, and construction
of their respective improvements contemplated hereby in a manner intended to
maximize design and construction efficiencies so as to minimize costs and avoid
delay for all parties.
9. Negotiations/Form of Deed. The City will continue to negotiate with the Owner for the
acquisition of the Right-of-Way Property pursuant to the exercise of the City's power
of eminent domain. The City and/or the Owner may provide additional appraisal
information, supplied by a state certified and WSDOT approved appraiser, or other
applicable cost information, to the other party for negotiating purposes. If the City
and Owner agree on a price for the Right-of-Way Property, the price shall be subject
to approval by Kitsap County Superior Court and following said approval and the
City's payment of additional monies, if any, the Owner will execute a Quit Claim Deed
or other conveyance documents to the City for the Right-of-Way Property.
10. Condemnation/Court Approval. Because of Owner Lawrence F. Coppola's position
as Mayor of the City, the parties agree and acknowledge that the City may file a
condemnation action in Kitsap County Superior Court for the purpose of seeking
approval of any additional payments made to Owner as just compensation for the
Right-of-Way Property.
11. Fees. For purposes of applying RCW 8.25.070 regarding attorneys' and experts'
fees, execution of this Agreement by the Owner shall be deemed to be the Owner's
stipulation to an order of immediate possession and use within the later of 15 days
after entry of the order adjudicating public use and necessity or 30 days after receipt
of the City's written request for immediate possession and use.
12. Condemnation Expenses. The Owner acknowledges that, in response to receiving
the City's offer to purchase the Right-of-Way Property, pursuant to the City's exercise
of its power of eminent domain, the Owner reviewed the City's offer, prepared its
Page 3 of 6
response, and in doing so incurred certain expenses (collectively "Condemnation
Expenses"). The Condemnation Expenses include but are not limited to attorney and
appraisal fees relating to the City 's offer. In the event the City abandons the Project
as to the Property, the City agrees to reimburse the Owner for any and all reasonable
Condemnation Expenses incurred by the Owner in connection with the City's efforts
to condemn the Right-of-Way Property.
13. Possession. Following the Possession and Use Date, the Owner may continue to
occupy the Right-of-Way Property for a period of not more than thirty (30) days unless
the parties execute a lease agreement setting forth the terms and conditions of
Owner's continued use and possession until such time as the City requires use and
possession of the Right-of-Way Property for the Project.
14. Contacts. Written notices and any other communications concerning the Property or
the Right-of-Way Property shall be provided to the Representatives of the parties
designated below. Unless otherwise expressly agreed between the parties every
notice or response required by this Agreement to be served upon the City or the
Owner shall be in writing and shall be deemed to have been duly given to the
required party: (a) five (5) business days after being posted in a properly sealed and
correctly addressed envelope when sent by certified mail return receipt requested,
postage prepaid, or (b) upon receipt when sent by overnight delivery though a
nationally recognized courier service which provides a receipt of delivery, or (c) upon
receipt when hand delivered.
The notices or responses to the City shall be addressed as follows:
Mark Dorsey
Directory of Public Works
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
360-876-7034
mdorsey@cityofportorchard. us
The notices or responses to the Owner shall be addressed as follows:
Lary F. and Dolores B. Coppola
P.O. Box 2427
Port Orchard, WA 98366
360-731-2222
biznews@weta pple. com
The City and the Owner may designate other addressees from time to time by
giving written notice to the other.
15. Attorney Fees. Except as provided in Section 11, above, in the event any of
the parties to this Agreement default on the performance of any terms of this
Agreement or any party places the enforcement of this Agreement in the
hands of an attorney, or files a lawsuit, the substantially prevailing party shall
be entitled to an award of its attorneys' fees, costs and expenses. The venue
Page 4 of 6
for any dispute related to this Agreement shall be Kitsap County, Washington.
16. Default. Failure of a Party to declare any breach or default immediately upon
the occurrence thereof, or delay in taking any action in connection with, shall
not waive such breach or default.
17. Assignment. This Agreement and the rights, duties and obligations given
hereunder may not be assigned, transferred or otherwise conveyed by either
the City or the Owner.
18. Merger. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement.
19. Recording. A Memorandum of this Agreement may be recorded against the
Property upon execution.
20. Amendment. This Agreement may not be amended or modified except by
written agreement signed by the Owner and the City.
21. Invalid Provision. Any provision of this Agreement which is declared invalid or
illegal shall in no way affect or invalidate any other provision.
22. Authorized Signer. Each party represents that the individuals executing this
Agreement are duly authorized to execute this Agreement.
23. Time of the Essence. Time is of the essence of this Agreement and each and
all of its provisions in which performance is a factor.
24. Binding Effect. This agreement is intended to protect the value of the Right-
of-Way Property, as well as the public health, safety, and welfare of the City,
and the benefits and burdens inuring to the Right-of-Way Property, and to the
City from this Agreement, shall run with the land, and shall be binding upon
Owner and its heirs, successors, and assigns, and upon the City.
25. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original and all of which together shall be deemed
one and the same instrument.
Page 5 of 6
Dated: ·1:) ;){p / l / '2011.
CITY OF PORT ORCHARD:
By. ;:dl~~~~~::::::::=====-
p · ted Name: John Clauson
Its: Mayor Pro T em
APPROVED AS TO FORM:
STATE OF WASHINGTON
COUNTY OF KITSAP
ss.
On this day personally appeared before me Lary F. Coppola and Dolores B. Coppola known to be the
owners of the real property located at 321 Tremont Street West, Port Orchard, WA and executed the
foregoing instrument, and acknowledged the said instrument to be their free and voluntary act and
deed, for the uses and purposes therein mentioned.
Notary Public in ~d for th b State of Washington,
Residing at Du 0.0 0
My commission expires: .Y -t:l -l Y
ss.
COUNTY OF KITSAP
On this day personally appeared before me, John Clauson, known to be the Mayor Pro Tem of the
City of Port Orchard, WA and executed the foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and deed of said City , for the uses and purposes therein mentioned ,
and on oath stated that he was authorized to execute said instrument.
GIVEN my hand and official seal thisc:J&.II, day of ~ 2011.
Page 6 of 6
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TREMONT STREET WIDENING
PARCEL NO. 1-012
TAX PARCEL 34240140162001
KITSAP COUNTY
RIGHT-OF-WAY ACQUISITION
RIGHT-OF-WAY ACQUISITION DESCRIPTION:
THAT PORTION OF TRACT "X" LYING NORTHERLY OF TREMONT STREET, LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24 NORTH, RANGE
1 EAST, WILLAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30.00 FEET LEFT OF STATION 82+95.95 WHEN MEASURED AT RIGHT
ANGLES FROM THE TREMONT STREET RIGHT-OF-WAY REFERENCE LINE KNOWN AS THE RwT-
LINE, SAID POINT BEING THE SOUTHEAST CORNER OF SAID TRACT "X'', AND THE TRUE POINT OF
BEGINNING;
THENCE NORTH 89°42'07" WEST A DISTANCE OF 213.11 FEET ALONG THE SOUTH BOUNDARY LINE
OF SAID TRACT "X", TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS
OF 746.20 FEET AND WHOSE CENTER BEARS SOUTH 00°17'53" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVE A DISTANCE OF 155.25 FEET THROUGH A CENTRAL ANGLE OF 11°55'15", TO
THE SOUTHWEST CORNER OF SAID TRACT "X" LOCATED 30.00 FEET LEFf OF STATION 79+33.84
WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE NORTH 00°50'40" EAST A
DISTANCE OF 16.82 FEET ALONG THE EAST BOUNDARY LINE, TO AN ANGLE POINT ALONG THE
EAST BOUNDARY LINE LOCATED 46.43 FEET LEFT OF STATION 79+37.25 WHEN MEASURED AT
RIGHT ANGLES FROM THE RwT-LINE; THENCE NORTH 43°50'40" EAST A DISTANCE OF 26.20 FEET
ALONG THE EASTERLY BOUNDARY LINE, TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 2058.50 FEET AND WHOSE CENTER BEARS SOUTH 16°43 '31" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 108.98 FEET THROUGH A
CENTRAL ANGLE OF 03°02'00", THENCE NORTH 78°37'57" EAST A DISTANCE OF 148.96 FEET, TO A
POINT ALONG THE NORTHERLY PROPERTY LINE; THENCE SOUTH 89°41 '32" EAST A DISTANCE OF
98.86 FEET ALONG THE NORTHERLY PROPERTY LINE, TO THE NORTHEAST CORNER OF SAID
TRACT "X", LOCATED 10.00 FEET LEFf OF STATION 16+08.86 WHEN MEASURED AT RIGHT ANGLES
FROM THE POTTERY AVENUE RIGHT-OF-WAY REFERENCE LINE KNOWN AS THE RwP-LINE;
THENCE SOUTH 00°48'35" WEST A DISTANCE OF 78.95 FEET ALONG THE EAST BOUNDARY LINE, TO
THE TRUE POINT OF BEGINNING. ..__
TRACT"X"
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE-QUARTER CORNER BETWEEN
SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH ALONG
THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 544.99 FEET; THENCE SOUTH 89'28' 48"
WEST 10.00 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD AND THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89°28'48" WEST 160.00 FEET; THENCE NORTH 163.42 FEET;
THENCE SOUTH 43°00' WEST 303.07 FEET; THENCE SOUTH 38.81 FEET TO A POINT ON A
CURVE, ON THE NORTH MARGIN OF THE COUNTY ROAD, WHOSE RADIUS POINT BEARS
SOUTH 12°8'05" EAST 746.20 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE 151.27 FEET; THENCE NORTH 89°28'48" EAST 216.57 FEET TO THE WEST MARGIN OF
POTTERY HILL ROAD; THENCE NORTH 80.00 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT PROPERTY IN COUNTY ROAD NO. 132.
TOTAL AREA OF SAID ACQUISITION CONTAINING 21,757 SQUARE FEET, MORE OR LESS.
TREMONT STREET WIDENING
PARCEL NO. 1-012
TAX PARCEL 34240140162001
KITSAP COUNTY
SLOPE EASEMENT DESCRIPTION:
EXHIBIT"B"
SLOPE EASEMENT
THAT PORTION OF TRACT "X" LYING NORTHERLY OF TREMONT STREET, LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24 NORTH, RANGE
1 EAST, WILLAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30.00 FEET LEFT OF STATION 79+33.84 WHEN MEASURED AT RIGHT
ANGLES FROM THE TREMONT STREET RIGHT -OF-WAY REFERENCE LINE KNOWN AS THE R wT-
LINE, SAID POINT BEING THE SOUTHWEST CORNER OF SAID TRACT "X"; THENCE NORTH 00°50' 40"
EAST A DISTANCE OF 16.82 FEET ALONG THE WEST BOUNDARY LINE OF SAID TRACT "X", TO AN
ANGLE POINT ALONG THE WEST BOUNDARY LINE LOCATED 46.43 FEET LEFT OF STATION 79+37.25
WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE NORTH 43°50'40" EAST A
DISTANCE OF 26.20 FEET ALONG THE WEST BOUNDARY LINE, TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 2058.50 FEET AND WHOSE CENTER BEARS
SOUTH 16°43'31" EAST; SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF I 08.98 FEET THROUGH A
CENTRAL ANGLE OF 03°02'00", TO A POINT LOCATED 79.44 FEET LEFT OF STATION 80+55.00 WHEN
MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE NORTH 78°37'57" EAST A DISTANCE
OF 148.96 FEET, TO A POINT ALONG THE NORTH BOUNDARY LINE LOCATED 108.96 FEET LEFT OF
STATION 81+97.80 WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE NORTH
89°41 '32" WEST A DISTANCE OF 61.48 FEET ALONG THE NORTH BOUNDARY LINE, TO AN ANGLE
POINT ALONG THE NORTH BOUNDARY LINE LOCATED 108.97 FEET LEFT OF STATION 81+36.32
WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE SOUTH 77°03'32" WEST A
DISTANCE OF 89.19 FEET, TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 2068.50 FEET AND WHOSE CENTER BEARS SOUTH 13°4 J '31" EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 91.91 FEET THROUGH A CENTRAL ANGLE
OF 02°32 '45", TO A POINT LOCATED ALONG THE WESTERLY BOUNDARY LINE; THENCE SOUTH
43°50' 40" WEST A DISTANCE OF 20.20 FEET ALONG THE WESTERLY BOUNDARY LINE, TO THE
TRUE POINT OF BEGINNING.
TRACT"X"
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE-QUARTER CORNER BETWEEN
SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE I EAST, W.M.; THENCE SOUTH ALONG
THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 544.99 FEET; THENCE SOUTH 89'28'48"
WEST I 0.00 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD AND THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89°28'48" WEST 160.00 FEET; THENCE NORTH 163.42 FEET;
THENCE SOUTH 43o00' WEST 303.07 FEET; THENCE SOUTH 38.81 FEET TO A POINT ON A
CURVE, ON THE NORTH MARGIN OF THE COUNTY ROAD, WHOSE RADIUS POINT BEARS
SOUTH I 2°8'05" EAST 746.20 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE 151.27 FEET; THENCE NORTH 89°28'48" EAST 216.57 FEET TO THE WEST MARGIN OF
POTTERY HILL ROAD; THENCE NORTH 80.00 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT PROPERTY IN COUNTY ROAD NO. 132.
TOTAL AREA OF SAID EASEMENT CONTAINING 2,377 SQUARE FEET, MORE OR LESS.
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1-012
34240140162001
COPPOLA
.
RIGHT-OF-WAY REFERENCE~ UNE • "Rw,-UNE
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July 6, 2010
Lawrence F. and Dolores B. Coppola
PO Box 2427
Port Orchard, W A 98366
Exhihit C
Re: Tremont Street Widening (SR 16 to Port Orchard Blvd) Project
Project Parcel #1-012
Parcel Tax ID No. 342401-4-015-2001
Dear Mr. and Mrs. Coppola:
Northwest Division-Washington
111 Main Street, #1 05
Edmonds, WA 98020
Office: 425/673-5559
Fax: 425/673-5579
Toll Free: 1 -866-673-5559
www.ufsrw.com
The City of Port Orchard plans to proceed with the above-referenced project. As part of thts project,
certain property or property rights need to be purchased from you as identified on the enclosed right-of-
way plan as Project Parcel #1-012.
The City's offer for the purchase of the property or property nghts is as follows:
Lands Conveyed Fee: 21,757 SF (m/1)
Lands Conveyed Easement: Slope 2.377 SF (m/1)
Improvements: building
Damages: change to a lesser use
Total
$152,200.00 (Rounded)
3,300.00 (Rounded)
207,500.00
94,000.00 (Rounded)
$457,000.00
The acquisition of the needed property rights stipulated above will leave an "uneconomic remnant''
containing an area of 14,579 square feet. If you wish to keep the remnant, you may do so; however, if
you prefer to sell it, the City of Port Orchard will pay you the remaining value of $5,000.00 for that
property. This would be in addition to the amount offered in this letter for the purchase of needed
property or property rights.
Overhead utility lines will be installed underground as part of this project. The City of Port Orchard 1s
paying the cost of undergrounding the utilities up to the service connection point, as determined by the
City. If the contractor does not have permission to enter your property for the purpose of
undergrounding the utilities, you will need to coordinate with the utility companies and pay for the
undergrounding yourself or the utilities could be disconnected.
Your property has been examined by a Washington State Certified Appraiser and qualified Revtew
Appraiser who have carefully considered all the elements that contribute to the market value of your
property. By law. they must disregard any general increase or decrease 1n value caused by the project
itself.
You may wish to employ professional servtces to evaluate the City's offer. If you do so. we suggest you
employ well-qualified evaluators so the resulting evaluation report will be useful to you in dectding
whether to accept the City's offer. At the time of final settlement. the City will reimburse you up to
$750.00 of your evaluation costs upon submtssion of the btll or paid receipt.
You may expect payment to be made available approxtmately 60 -90 days after you accept the Ctty's
offer. provided that there are no delays in clearing the title and closing. The date on which payment is
COORDINATED RIG !-IT OF WAY SERVICES SINCE 1958
made available is called the "date of closing." On that date, the City becomes the owner of the property
purchased and responsible for its control and management.
Please understand that every effort will be made to come to an agreement regarding this offer, however,
If mutual agreement regarding this offer cannot eventually be reached through voluntary negotiations,
the City, acting in the public interest, may use its right of eminent domain to acquire the above-
referenced property or property rights for public use. In conformity with the Washington State
Constitution and laws, the City Attorney will file a condemnation suit and arrange a trial to determine the
just compensation to be paid for the property. This action is taken to ensure your rights as an individual
property owner and the rights of all City of Port Orchard taxpayers are equally protected.
Recognizing your need for a concise statement of the offer. we have attempted by this letter to
summarize the rights available to you. We sincerely hope this information will be of assistance in
reaching a decision.
Enclosed please find the following:
A. A plan sheet showing the property rights we wish to acquire.
B. The necessary legal documents for the transferring of the property or property rights to
the City of Port Orchard.
C. A voucher setting forth the details of this transaction.
D. A "Taxpayer Identification Number" Solicitation.
E. An Escrow Agreement.
F. Permit for Underground Utility Installation.
Particulars of the property and/or property rights to be acquired are set forth in the document(s) of
conveyance to the City of Port Orchard.
Your acceptance of the offer will be demonstrated by your signing the enclosed documents, having
them notarized where so indicated, and returning them to Universal Field Services in the enclosed,
stamped envelope. You may visit a Notary of your choice, however, I am a Notary and available to
meet with you to notarize the documents if you so desire.
As the Right-of-Way Consultant acting on behalf of the City of Port Orchard, I have been designated as
the City's acquisition agent for this parcel. If you wish to discuss the offer further or have additional
questions, please feel free to contact me directly at 425-673-5559, or toll free at 1-866-673-5559.
Sincerel't, ··.
i ' / " . //? I , : l :/I --1 tc4U~d~
lfarbara A Meekins, SRMJA, RMI-RAC
Right-of-Way Consultant
Enclosures
Owner
coPY
Date
(Signature above does n~mean acceptance of offer.)