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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 ---+------ \ \ EXHlBIT"A" 1 I I I I o' ~+ ~i I I~ I it-I •J ' ~I t .~ ' ~ I oi 0' ~t c o, ~~ 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. / ~ / / 80+00 -------- -------------\ . ---- ----\ _ ..• ---- .• ::::.d < I'IW<i:iJ-'TI W~ .n,. ,..-:::::::;::za) 1-012 34240140162001 COPPOLA . RIGHT-OF-WAY REFERENCE~ UNE • "Rw,-UNE ' / 81100 --~--.. -+------·------·····---+---·-·- ~ § ~ ~ ~ r-·-----·----· -- R~'+OO ··-·-----+ - 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.)