300 2nd Ave South - Charlston PropertySETTLEMENT AGREEMENT
WHEREAS, Mylo Charlston and Marion F. Charlston, husband and wife (hereinafter the
"Charlstons"), are owners of certain real property located within the City of Edmonds,
Washington (hereinafter the "City"), and
WHEREAS, the property as described herein has been the subject of a conditional use
permit and the State Environmental Policy Act review processes preparatory to the construction
of a parking lot on the site, and
WHEREAS, the undeveloped parcel is alleged to have been subjected to groundwater and
sewage flows caused by public facilities owned by the City, and
WHEREAS, claims have been asserted by the Charlstons relating to these issues, and
WHEREAS, the parties, without attempting to determine their respective liabilities and
each believing their position to be correct, find it to be in their mutual best interest to amicably
resolve their differences by a process which includes the settlement of an outstanding claim of
the Charlstons with respect to the property and which culminates in the donation of the property
to the City exclusively for public purposes under circumstances the Charlstons believe will give
rise to an appropriate charitable deduction, now, therefore, '
The City and the Charlstons have entered into this Settlement Agreement subject to the
terms and conditions set forth herein:
1. The City's Undert ddng . The City hereby agrees to take the following actions:
1.1. Payment. In conjunction with the closing agreement and the presentation
of a fully executed copy of this Settlement Agreement and a deed of donation separately
11/10/95
WSS105349.1AGR/F0006.150.100/B0006.15100 1
-10
conveying, to pay the sum oftLio>, �ti►1 149. -W1oo dollars ($ 39, 12 in full
payment for the release of claims contained in subparagraph 2.1 below.
1.2. payment of Costs. The City shall further pay the reasonable costs of
obtaining an appraisal of the property by a duly qualified appraiser in the form and format
sufficient to meet the requirements of the United States Internal Revenue Code (the "Code") to
substantiate the Charlston deduction for a charitable contribution under the provisions of Section
170 of the Code, provided, however, that this provision shall not be interpreted as a
representation or warranty. The City shall further provide the Charlstons with a
contemporaneous written acknowledgement of the Charlstons contribution as preserved by
Section 170(F)(8) of the Code.
2. Undertaking of the Charlstons. The Charlstons agree to take the following
actions:
2.1. Waiver and Release. The Charlstons hereby waive, relinquish and release
any and all claim of loss or liability and/or cause of action arising from or out of their ownership
of the subject property described below, including but not limited to any and all attempts to
develop the subject property, the City's failure to timely process and review applications for
permitting, any claim of taking or diminution of property value based upon the City's action or
inaction and trespass or taking due to groundwater or sewage flow.
2.2. indemnify and Hold Harmless. In specific consideration of the sum paid
by the City, the Charlstons on behalf of themselves, their estates, heirs, successors and assigns,
do hereby agree to indemnify and hold harmless the City its officers, agents and employees from
and against any and all claim, loss or liability arising from or out of Charlstons' ownership of
the property, including but not limited to, attempts to develop the property, the alleged failure
to review any such timely development attempts, any invasion of the property for other action
or failure to act arising from or out of the City's operation of its Secondary Wastewater
11/10/95
WSS105349.1AORM0006.150.100/B0006.15100 2
Treatment Plant at 200 Second Avenue South, Edmonds, Washington 98020 or of taking or
diminution of property value. This promise to indemnify and hold harmless shall relate to any
and all acts arising prior to the transfer of the property to the City, whenever such transfer shall
occur, and shall include the reasonable costs of defense by counsel of the City's choosing in
defense of any action or claim covered by subparagraphs 2.1 and 2.2.
2.3. Donation of ProMM. By a separate contemporaneous and completely
voluntary act, the Charlstons have donated the subject property described below by quit claim
deed to the City for exclusively public purposes within the meaning of Section 170(C)(1) of the
Code, without further condition and in perpetuity. Such donation is not a part of the
consideration for this Settlement Agreement, but is a condition precedent to the payment of the
sums set forth in subparagraphs 1.1 and 1.2 above.
3. Subject Tract. The subject tract referred to in this Settlement Agreement is a
parcel of undeveloped land located at 300 Second Avenue South, Edmonds, Washington, 98020
and legally described on Exhibit A attached hereto and incorporated herein by this reference as
if set forth in full.
4. ComplaL Agreement. This Settlement Agreement is the complete agreement
between the parties and any prior understanding, written or -oral, between the parties or their
agents is hereby deemed merged with its provisions.
5. A mend iilent. This Settlement Agreement shall not be amended except in writing
with the express written consent of both parties hereto.
6. NOtices - Mailing. Any notice or mailing undertaken with respect to the terms
and provisions of this Settlement Agreement shall be done in writing and deposited postage paid
in the U.S. Mail, addressed to the following individuals and addresses:
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WSS105349.1AGR/F0006.150.100/B0006.15100 3
City of Edmonds
Attn: Paul Mar
250 - 5th Ave. North
Edmonds, WA 98020
Mylo and Marion F. Charlston
19110 94th Avenue West
Edmonds, WA 98020
DATED this � 9 Aday of , 1995.
CITY OF EDMONDS:
Mayor M. Hal
ATTEST/AUTHENTICATED:
Sandra S. Chase, City Clerk
CITY ATTORNEY:
f
W. Scott Snyder
11/10/95
WSS105349.1AGRM0006.150.10080006.15100 4
PROPERTY OWNERS:
M harlston
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Marion F. Charlston // 17'19-'5
CITY OF EDMONDS'�
CIVIC CENTER • EDMONDS, WA 98020 • (206) 775-2525 �(+
890 19�
CONFIDENTIAL LEGAL ADVICE
DATE: November 27, 1995
TO: Mayor Laura M. Hall
City Council Members
Paul Mar, Community Services Director
Art Housler, Finance Director
FROM: W. Scott Snyder, Office of the City Attorney
RE: Charlston Settlement
LAURA M. HALL
MAYOR
MEMORANDUM
Enclosed please find for your review an executed Settlement Agreement from Mylo Charlston.
As the cover letter from Ms. Moss indicates in addition to approval of the agreement, the City
Council will need to appropriate Forty -One Thousand Two Hundred Twenty -Six Dollars and
Seventy Cent ($41,226.70) and approve the return of the Two Thousand Dollar ($2,000.00)
deposit previously made by Mr. Charlston. These funds will be tendered contemporaneous with
the execution of this agreement and the delivery of a quit claim deed donating the property to
the City.
A fine point, but should for some reason the City Council now determine it not to be in the
City's best interest to proceed, this agreement was reached in principal, but, as you know, has
not been formally approved in a formal City Council meeting.
WSS 117729. 1 NVF0006.150. 100
v Incorporated August 11, 1890 s
Sister Cities International — Hekinan, Japan
CITY OF EDMONDS
CIVIC CENTER • EDMONDS, WA 98020 • )206) 775-2525
November 27, 1995
Ms. Alison Moss
BOGLE & GATES
Tacoma Financial Center
1145 Broadway Plaza, Suite 1360
Tacoma, Washington 98402-3502
Re: Milo Charlston
Dear Ms. Moss:
LAURA M. HALL
MAYOR
FC
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H�Mgy�� W. Scott Snyder
I have forwarded the settlement agreement to the City for placement on an upcoming City
Council agenda. Assuming the City Council's concurrence, please forward a copy of the
executed quit claim deed in the format provided for by paragraph 2.3. Upon its receipt I will
forward two (2) checks from the City, one for Forty -One Thousand Two Hundred Twenty -Six
Dollars and Seventy Cents ($41,226.70) for the payment specified in paragraphs 1.1 and 1.2 of
the agreement as well as a separate check for the Two Thousand Dollar ($2,000.00) deposit for
the Environmental Impact Statement.
If there is any problem in the approval process I will contact you immediately. Otherwise, it
has been a pleasure working with you to finally bring this matter to conclusion.
Very truly yours,
OG "�RALLACE, P.L.L.C.
V
W. Scott Snyder T
WSS/bjs/srf
cc: Mayor Laura M. Hall
City Council
Mr. Paul Mar
Mr. Art Housler
WSS117735.1 UF0006.150.100
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
CITY OF EDMONDS BARBARA FAHEY
MAYOR
CIVIC CENTER • EDMONDS, WA 98020 • (206) 771-0247 • FAX (206) 771-0252
OFFICE OF THE MAYOR
February 1,1996
Mr. Mylo Charlston
19110 94th Avenue West
Edmonds, WA 98020
Dear Mr. Charlston:
On behalf of the City, I want to personally thank you for the gift of your
property on Second Avenue South. Your generosity has brought about a most
equitable solution to a long standing, mutually frustrating situation. As a
member of the City Council for the past two years, I know we were all aware of
both your continuing attempts to develop this parcel, and the cooperation you
and your team put forth working with our staff to find alternate solutions.
We all greatly appreciate your diligent efforts and tenacity in bringing this
matter to, hopefully, a win -win resolution. Your commitment to action and
concern for the best interests of the City clearly demonstrates how our citizens
themselves continue to make Edmonds a very special place to live. As Mayor, I
hope I have other opportunities to work with you to further our mutual interests
in the betterment of our community.
Sincerely,
�i
Barbara Fahey
Mayor
BF/ dm
c: City Council
Community Services Director
City Attorney
Planning Supervisor
City Clerk
WinWord6\ MayorF\Charlsln
Incorporated August 11, 1890
Sister Cities International — Hekinan, Japan
12/29/95 FRI 10:23 FAX 206 447 0215 OGDEN XURPHY WALLACE 002
AFTER RECORDING MAIL TO:
MB. Sandra S. Chase
City Clerk
City of Edmonds
505 Bell street
Edmonds, WA 98020
QUIT CLAIM DUMB
THE GRAANTOR(5i My10 and Marion F. Cnax1stvzi, husband
and wife, for no consideration and ae a charitable Contribution
Within the meaning of § 170 (c) c.r the Interrial Revenue -ode
canvey(s) and quit claim(s) tc t:Ile GRANTER (S) City of Edmonds all
of their right, title and interest in and to the fo]lowing
described real estate, situated in the County of Snohomish, State
Of Washincgtoxi, including any interest therein which the
Grantor(s) may hereafter acquire,
as per legal descriPtion. attached hereto as
Exhibit A which is incorporated, herein by
this reference.
Dated: this , ` day of
My1 o Charls tc„,
Marion F . Char2stan.
C:1jn21my702.gcd
1
19
March 20, 1995
Laura Hall, Mayor of Edmonds
Edmonds City Council
Scott Synder, City Attorney
EXHIBIT
DATE
NAME
FEARING
I have been negotiating with the City of Edmonds in good
faith for four (4) years. I was notified late last year
by the City that..."the ball is in our park" ... meaning
the City of Edmonds. The "Ball Park" issue came mainly
because the City has not been able to comply with the
environmental protection agency rules as directed by
Barbara Richie of the State of Washington E.P.A..
There has been ample time to resolve any problem: Con-
sequently, on Friday noon, March 24th, 1995, I am turning
this matter over to my legal counsel to bring this matter
to a conclusion.
Sincerely,
4 46�4z�l
1,41 a r I s t o n
C.C. Jack Bevan
JACK S. BEVAN
19210 94TH WEST
EDMONDS, WA 98020
MEMBERS OF THE EDMONDS CITY COUNCIL
� !T
TE
NAME
SUBJECT: CHARLSTON PROPERTY AT 2ND AVE. S. & ALDER
IT IS THE RESPONSIBILITY OF YOUR AUGUST BODY TO PROVIDE
THE LAWS OF THIS CITY THROUGH ORDINANCES AND
ADOPTION OF THE STATE RCW S AND THEN TO SEE TO IT THAT
THESE ARE ENFORCED BY THE ADMINISTRATION. UNDER WAC
197-11-660 (A COPY IS PROVIDED); AND BY CONFIRMATION OF A
CONFERENCE CALL WITH MYSELF; PAUL MAR, AND BARBARA
RICHIE, OF THE WASHINGTON STATE DEPARTMENT OF
ECOLOGY, IT WAS MADE ABUNDANTLY CLEAR THAT IT IS THE
RESPONSIBILITY OF THE AGENCY AND DECISIONMAKER TO
PROVIDE MITIGATION MEASURES. (THIS IS THE ONLY
REQUIREMENT UNRESOLVED). IT IS MY OPINION THAT THREE
AND ONE HALF YEARS OF FLAUNTING THIS SEPA RULE IS
BUILDING A CITY LIABILITY THAT IS TOTALLY UNCALLED FOR.
I RESPECTFULLY REQUEST THIS SEPA RULE OF THE STATE OF
WASHINGTON TO BE CARRIED OUT TO ITS FULLEST EXTENT.
WAC 197-11-660
Substantive authority and mitigation. (1) Any governmental action on public or private
proposals that are not exempt may be conditioned or denied under SEPA to mitigate the
environmental impact subject to the following limitations:
(a) Mitigation measures of denials shall be based on policies, plans, rules, or
regulations formally designated by the agency (or appropriate legislative body, in the case
of local government) as a basis for the exercise of substantive authority and in effect when
the DNS or DEIS is issued.
(b) Mitigation measures shall be related to specific, adverse environmental impacts
clearly identified in an environmental document on the proposal and shall be stated in
vvr-iting by the decisionmaker. The decisionmaker shall citethe agency SEPA policy that is
the basis of any condition or denial under this chapter (for proposals of applicants). After
its decision, each agency shall make available to the public a document that states the
decision. The document shall state the mitigation measures, if any, that will be
implemented as part of the decision, including any monitoring of environmental impacts.
Such a document may be the license itself, or may be combined with other agency
documents, or may reference relevant portions of environmental documents.
(c) Mitigation measures shall be reasonable and capable of being accomplished.
(d) Responsibility for implementing mitigation measures may be imposed upon an
applicant only to the extent attributable to the identified adverse impacts of its proposal.
Voluntary additional mitigation may occur.
(e) Before requiring mitigation measures, agencies shall consider whether local,
state, or federal requirements and enforcement would mitigate an identified significant
impact.
(f) To deny a proposal under SEPA, an agency must find that:
(i) The proposal would be likely to result in significant adverse environmental
impacts identified in a final or supplemental environmental impact statement prepared
under this chapter; and
(ii) Reasonable mitigation measures are insufficient to mitigate the identified
impact.
(2) Decisionmakers should judge whether possible mitigation measures are likely
to protect or enhance environmental quality. EDSs should briefly indicate the intended
environmental benefits of mitigation measures for significant impacts (197-11-440(6)).
EISs are not required to analyze in detail the environmental impacts of mitigation
measures, unless the mitigation measures:
(a) Represent substantial changes in the proposal so that the proposal is likely to
have significant adverse environmental impacts, or involve significant new information
indicating, or on, a proposal's probable significant adverse environmental impacts; and
(b) Will not be analyzed in a subsequent environmental document prior to their
implementation.
(3) Agencies shall prepare a document that contains agency SEPA policies (197-
I 1-902), so that applicants and members of the public know what these policies are. This
document shall include, or reference by citation, the regulations, plans, or codes formally
designated under this section and RCW 43.21 C.060 as possible bases for conditioning or
denying proposals. If only a portion of regulation, plan, or code is designated, the
document shall identify that portion. This document (and any documents referenced in it)
shall be readily available to the public and shall be available to applicants prior to
preparing a draft EIS.
CITY OF EDMONDS
May 26, 1994
Mr. Milo Charlston
19110194th Avenue West
Edmonds, WA 98026
Office of the Mayor
Laura M. Hall
eUnt
��F1GEIJTIgL
RE: PURCHASE OF PROPERTY LOCATED AT 304 2ND AVENUE SOUTH
CITY OF EDMONDS
Dear Mr. Charlston:
As you know, the City has previously submitted an offer on the property located at 304
2nd Avenue South within the City of Edmonds. This letter is intended to supplement
our past offer and indicate that, in the event that we are not able to mutually agree
upon a price, the City Council will consider exercise of the City's condemnation
authority as an exercise of its constitutional power of eminent domain. This letter is
intended as written confirmation of the existence of the City's power and the City
Council's reservation of the power of condemnation if a mutually satisfactory price
cannot be agreed on.
We look forward to you written response to the City's last offer.
Sincerely,
Laura M. Hall, Mayor
CITY OF EDMONDS
LMH/ dm
c: Jack Bevan
City Council
City Attorney
Floppy\ W in Word6\ Mayor3\ Charlstn
* Incorporated August 11, 1890
505 Bell Street • Edmonds, WA 98020 * (206) 775-2525 * Fax (206) 771-0221
RECEIVED
APR 2 9 694
EDMONDS CITY CLERK
DATE: April 28, 1994
TO: Mayor Laura M. Hall
Members of the City Council
FROM: Bob Albertsol&Engineer
SUBJECT: EXECUTIVE SESSION MAY 3, 1994
CHARLSTON PROPERTY
An offer of $50,000 was made to Mr. Mylo Charlston for his property. Attached is a
copy of Mr. Charlston's response.
I believe the options are:
1. Offer Mr. Charlston his asking price of $112,000.
2. Make Mr. Charlston different offer between $80,000 and $100,000.
3. Have an appraisal done based on zoning and the ability to develop, with the
understanding the appraised value will be the price.
4. Start a formal condemnation process.
Mr. Charlston seems content on "holding the line" on his asking price. Option 3
appears to be the next step. Council has already authorized monies from the generator
project for an appraisal. I suggest Council authorize staff to retain Mr. Charles
McCauley to do the appraisal.
RJA/sf
Attachment
c: Paul Mar, Community Services Director
CHRISTN.2
OR 2 6 1994
ENGINEERING
April 25, 1994
Robert J. Alberts, P.E.
City Engineer
City of Edmonds
250 Fifth Avenue North
Edmonds, Washington 98020
Dear Mr. Alberts:
I am in receipt of your letter of April 21, 1994, with
your offer of $50,000.00 for our propertyat 2nd Avenue
and Alder. We wish to decline your offer and respect-
ively submit that a friendly condemnation appraisel will
be the most equitable arrival of value for both ourselves
amd the City of Edmonds.
Sincerely,
M� har l s ton
MC:c
F sECEI Y ED
..890
CITY OF EDMONDS
250 -¢TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221
COMM�%NITY SERVICES DEPARTMENT
Pubii orks • Planning • Parks and Recreation • Engineering
9 °' r
January 13, 1994
Jack S. Bevan
Timber Exports, Inc.
P.O. Box 126
Edmonds, WA 98020
1 9 1994
100119RgIaCLERK
MAYOR
ntl:cll�'tl.�
JA N 1,1 RrC'D
.W cuuve Offices
Subject: PROPOSED ADDENDUM DATED OCTOBER 21, 1993, TO PRELIMINARY
DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED FOR THE
CHARLSTON PROJECT; FILE NOS. CU-20-91 & CU-92-221
Dear Mr. Bevan:
In response to the latest revisions to your preliminary Draft Environmental Impact Statement
(E.I.S.), after consultation with the City's Responsible Official, I am afraid that we must again
reject your preliminary Draft Environmental Impact Statement.
The proposed revisions to your preliminary Draft E.I.S., which the City has already
previously rejected, are simply inadequate, and do not contain the technical depth which must
be employed to provide sufficient documentation necessary for the City's Responsible Official
to act upon.
Personally, I was disappointed in the lack of depth in your documentation of specific
mitigation measures and reasonable alternatives. I expected, based on our October meeting,
that you would submit an in-depth, succinct document.
I am now concerned with the direction you appear to be taking at this point in time. The
document which you sent to me on October 27th, 1993, does not provide what I deem to be a
serious effort on your part to bring the environmental review for your client's project to an
acceptable conclusion. In addition, your letter of October 27th does not respond to 'my
specific questions in the last paragraph of my October 12th letter regarding a choice of your
client to either withdraw his proposal, or proceed in the manner which has been previously
outlined in detail and agreed to by all parties. Again I would like to reiterate and strongly
suggest that Mr. Charlston proceed according to one of the options outlined in the last
paragraph of my October 12th, 1993 letter (see Enclosed).
I would greatly appreciate your response to this request by January 21, 1994. If you have any
further questions, please do not hesitate to contact me at 771-0220.
Incorporated August 11, 1890 e
Sincerely,
C
Paul Mar
Director
Enclosure
pc: File No. CU-20-91
File No. CU-92-221
Mayor Laura M. Hall
Scott Snyder, City Attorney
Jeffrey S. Wilson, Responsible Official
Robert Chave, Planning Manager
Mylo Charlston; 19110 94th Avenue West; Edmonds, WA 98020
Page 2 of 2
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CITY OF EDMONDS
250 - STH AVE_ N. • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221
COMMUNITY SERVICES DEPARTMENT
1 890 q Public Works • Planning . Parks and Recreation . Engineering
_19°�
October 12, 1993
Mr. Jack S. Bevan
Timber Exports, Inc.
P.O. Box 126
Edmonds WA 98020
Dear Jack:
LAURA M_ HALL
MAYOR
In response to your September 23rd letter in which you cite two RCW references
and then request the city to "fulfill the state requirement and give us the city's
mitigation request", I am providing both a long version and a short version reply.
First, the long version. You quote partially from Paragraph 43.21.c031-
Significant impacts and Paragraph 43.21c.060-conditioning or denial of
governmental action. I have attached the entire paragraphs and shown your
quoted portion as underlined. Both paragraphs clearly state that the City, as the
responsible official and decision maker, will act on a fully prepared and accepted
environmental document. Such a document does not exist. I cite my August
18th comments to you as follows:
The applicant has documented numerous potential adverse environmental
impacts due to the proposed action. However, the applicant has not
documented any specific measures nor reasonable alternatives to mitigate
these impact. This observation specifically applies to the following categories:
1. Proposed Action Alternative: There are no alternatives being proposed.
2. Water. The mitigation measures proposed are restatements of the
codes and standards.
3. Plants and Animals: Though potential adverse impacts are identified, no
mitigation measures are discussed.
4. Land and Shoreline Use: Though potential adverse impacts are
identified, no mitigation measures are discussed.
5. Recreation: Though potential adverse impacts are identified, no
mitigation measures are discussed.