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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: 11/10/95 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 AA�� (? 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 oFA/q�OF. 199� T 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 �o�cnn� -n_m rnooee�crne 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.