5 Corners Water Tank Site PropertyJUN-10-1999 10:30 JNDOUIST HOMES INC 42577BOB22 P.OS/15
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3 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR SNOHOMISH COUNTY
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THE CITY OF EDMONDS, )
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Petitioner, ) NO. 135 587
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1
°-vs-
flR. R. E. SUCHERT,
et ux, et al,
Respondents -
AGREED SETTLEMENT AND
ORDER AND DECREE OF
APPROPRIATION
IT IS HEREBY STIPULATED to and agreed to by the parties,
N
by and through their respective attorneys of record, that the above
entitled condemnation proceeding is hereby settled on the following
basis:
(1) The City shall pay into the registry of the court,
upon behalf -of the respondents, the sum of $26,950.00 as just com-
pensation for the land sought in this action-
(2) - The City. shall pay, on 'behalf of the respondents, an
additional S200,00 into-the,registry of the court as and for
appraisers' fees, attorneys' fees and related costs, pursuant to
R.C_W. Chapter 8,26.
(3) "The City shall reduce the extent of its take so as
to leave within the ownership of the respondents, a strip of property
either immediately north of the existing public right-of-way located•
easterly of the existing and proposed water tank site, between the tan)
sites and the existing fire station building, or such other location
as that said -public street shall be subsequently re -located within the -
..boundaries of the above described area, 50 feet in width in an
east -vest direction and approximately 25 feet in depth in a north -
south direction, the purpose -being to provide respondents with a 50 -
foot wide access tp the remainder of their property from the existing
public right-of-way as described above. -om..X
p g y - oeoeK OCeEN i xo>;r11y.
1411 F. h L---- �.Ildl•o
A zees3 Settlstnene & 4rdrr S s..�1.. -..17.m.. r+loi
[A7f (77.7f17
Decree o � pFropriatian �-._, -, -
JUN-10-1999 10:38 JNDQUIST HOMES INC 425778Oe22 P.07i15
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Respondent grant rights of ingress and egress over said 50 foot by
25 foot strip for the purpose of construction and/or maintanence of
the proposed Water tank facility.
(4) The petitioner.City shall use its best efforts to
•leave as many of the existing large trees that exist on the site
that are not required to be removed for the purpose of•construction %
and maintanence of the proposed Water tank.
(5) That a decree of appropriation embodying the' above
set forth provisions may be entered herein.
DATED this ca4a�, of April, 1977.
Oohannes A_ Watness
Attorney'£or Respondent, B_ M.
Rendl6r, et al
for Respondent, Suchert
AttbAey for Petitioner, City of
Edmonds.
JUDGMr•NT AND DECREE -OF APPROPFIATI017
THIS MATTER having come on regularly for hearing this day
before the undersigned, one of the Judges of the above -entitled Court,
and it'appearing that the petitioner and the above -named respondent
by and through their respective attorneys of record have reached
agreement in all respects, and the Court after considering the
written Stipulation filed herein concerning the lands, real estate,
premises and other property sought to be appropriated and used by the
City of Edmonds, the petitioner herein, for municipal purposes,
and having found therefrom tha.t the damages, including the value of
Agreed Settlement & order
Decree o naprnpri.-tt-j e-tn
L. oRu...I
OCDEr< 0001:11 Y LUPIrr
IHl Falb •..... 1.116140
S..rl., M..61..1.. ,.Icl
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JUN-10-1999 10:39
JNDOUIST HOMES INC
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4257780822 P.08/15
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the land. appropriated, to the property abutting the premises being'
acquired herein, resulting to all pg=sons and parties interested
herein by'reason of such appropriation of lands, real estate, prem-
ises and other property hereinafter described, and including respond
ents' statutory costs, are, in accordance with the findings* of this
Court, in the sum of $26,950.00 plus the sum of $200.00 for costs of
evaluating the petitioner's offer, is a proper amount and awarded to
be paid by the petitioner herein, now, therefore, it is,hereby
ORDERED, ADJUDGED AND DECREED that compensation be made in
money in the sum of 526,950.o0 plus the sum of 5200.00 for the res-
pondents' cost of evaluating the petitioner's offer and other fees.
permitted by RCW Chapter 8.26, said sums including all statutory '
costs to all owners, tenants, encumbrances and all other persons
interested therein, for the appropriation and use by said petitioner
of the following -described lands, real estate, premises and other
property, acquired herein from the respondents, situate in Snohomish
County, Washington;'
A portion of Alderuooa Manor, #9, Block 5, Lot
18, lying south of section line, described as
follows: 'Beginning at the northwest corner of
said Lot 18 lying south of section line, thence
commencing south along the west line thereof a
distance'of 140 feet more or less; thence east
120•feet along the south line; thence east 150
feet; thence north 35 feet more or less to the
intersection of section line; thence west 270
feet along section line to point of beginning;
all in Snohomish County, Washington.
And, it is further
ORDERED, ADJUDGED AND DECREED that upon payment into the
registry of the Court of the sum of $27,150.00, the petitioner, the
City of Edmonds, 47a�hi.ngton, an optional municipal code city, shall
be and become the owner of the lands, real estate, premises -and
appurtenances and other property sought to be appropriated herein,
and shall be entitled to enter into possession thereof and to take,
hold and own and at all times thereafter use and possess the same,
6- ORIc. -
OcnCX( Ocozn D VNIMT
Judg, & Decree of r 1.11F-11A—_1u41dl.e
PP Priation
A ro
JUN-10-1999 10:39
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7UNDOUIST HOMES INC
4257700022 P.09i15
and that such payment shall be in full for the taking,'condemnation
and appropriation and use of the same, and it is further
ORDERED, ADJUDGED AND DECREED that the provisions of the
stipulation'set forth hereinabove are hereby incorporated in full by
this reference, ratified and made a part of this Judgment and Decree
of Appropriation, and it' is further'
ORDERED, ADJUDGED AND DECREED that upon payment of said
award and judgment into the registry of the Court in this cause, the
Clerk thereof be, and is hereby ordered and directed to satisfy said
Judgment and to hold said sum of money for distribution among the
respondents, as shall be directed by further order of this Court.
DONE IN OPEN COURT this k3 day of _ y
1977.
presented by:
pC,DEN, OGDEN & MURPHY•
hn 0. al ace
ttorney for Petitioner
Approved as to Form and V otice
of Presentation Waived:
SiwTE OF VVAS lUNGTaN
COUNTY or SNC7:-toRAISH
1 KaY o. Anflll:4n, 0"IR at In& .above entitled
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Cowl_ Lie i'.:17 •V • n-16Y :1,.•1 lne 17•eSCiM1(; In5trf7• -
the OrilliAdl
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IHL M1L l} :•N• r••7.12C•I [:QM1Y at
GayYord Riach
RIACH, GESE S SEATHER
1+• *+itr•L:=`,''•� ��'• t r_+:unlo sat my hand
Attorney for Respondent Sucherts
�t+r� C 1 M =''u ' ' ''I iK.,
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Qua al—
D. ANDEn , Co y Clerk -
pulr
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.3ohannes A. Watness
Attorney for Respondents
Rendler and Gross ,
Judgrent s •,Decree of
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JUN-10-199
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10:40
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INDQUIST HOMES INC
4257780822 P.10i15
CAiEii4AR�
faL= i I]Y
M STAY.
IN THE SUPERIOR COURT OF THE STATE. OF WASHINGTOL7 FOR SNOHOMISH COUNTY
THE CITY OF EDMONDS, )
Petitioner, ) NO. 135 587
VS. ) STIPULATION -AND AGREED ORDER AMENDING
AND CO CTI-NG THE LEGAL DESCRIPTION
DR. R. E. SUCHERT, ) CONTAINED IN AgRF.ED SETTLEMENT AND
et ux, et al, ) ORDER AND DECREE OF APPROPRIATION
Respondent. )
w
WHEREAS, the legal description set forth on ;age 3 begin-
ning at line 18 of Agreed Settlement and order and Decree of Appro-
priation as follows:
"A portion of Alderwood Manor, It9, Block 5, Lot
is, lying south of section line, described as
.follows: Beginning at the northwest corner of
said Lot 18 lying south of section line, thence
commencing south along •the'west line thereof a
distance of 140 feet more or less'; thence east
120 feet along the south line;,thence east 150
feet; thence north 35 feet more or less to the
intersection of section line; thence vest 270
feet along section line to point of beginning;
all in Snohomish County, Washington."'
shall be corrected to read as follows:
That portion of Lot-18, Block 5, Alderwood Manor
No. 9, lying within the NE 1/4 of the NW 1/4. Of -
section 30, Township 27 North, Range 4 East, W.M.
and more particularly described au follows:
Beginning at the intersection of the West line -of
Lot 18 with the North line of Section- 30;.thence
South along said West line tq the northwest corner
Of Parcel "A" of those tracts conveyed. to the City
of Edmonds and recorded under Auditor's file No.
1385953, records of Snohomish County, Washington;
thence East along the North line of said -Parcel "A"
120.00 feet to the northeast corner thereof; thence
North parallel to theiWest line of Lot 19 to its
intersection with the North line of Parcel "B" as
recorded under Auditor's•File No. 1385953 projected
Stipulation and Agreed Order Amending
and Correcting the Tegal Description:
cot I-Ri - ¢*ant and
Order and Decree of Appropriation
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L� OMcr 1
_ � OGDEN, OLDEN 7• LOIryiT
3 NU Fe.M J..••.. l.11l LQ
�r��C l,.hl._�Y.Slnol..ls1,1
JUN-10-1999 10:40 `JNDOUIST HOMES INC 4257700022 P4.11i15
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westerly; thence East along -said North line to
its intersection with the East line of Lot 18;
thence North along said East line to its inter-
section with the North line of Section 30; thence (
West along said North line to the Point of Beginning. Subject to 50, road extension per Par. 3 of -Stipulation
DATED this 23rd day of may, 1577.
Jahartnes A. watness
Attorney for Respondent,
H. M. Rendler, at al.
Gayl rd Riach
Attorney for Respondent,
4tney
t
. Wallace w
for Petitioner, w
City of Edmonds
I.. O711N. N
Stipules .ion and Agreed Order Amending �c�•? ooct„, 0cvtm k WULFnY
and Correcting the Legal Descritpion
Contained in Agree$ Settlement and
order and Decrcc of Appropriation
-2- -
'UNDQUIST HOMES INC
42577BOB22 P.12i15
JUN-10-1999 10:41
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ORDER AM£NDING'AGREED SETTLEMENT ANO
ORDER AND DECREE OF APPROPRIATION
THIS MATTER having come on regularly for hearing this
day before•the undersigned, Judge of the above -entitled Court,
on the'basis of the•foregoing Stipulation and the Court being
otherwise fully advised in the premises, now, therefore, it
is hereby'
ORDERED, ADJUDGED AND DECREED that the Agreed Settlement
and Order and Decree of Appropriation entered in this action
on May 3, 1977,'be and the same is hereby -amended to substi-
tute for the legal description contained -on page 3, lines 18
through 24, on said Agreed Settlement and bider ann Decree of
Appropriation, the following correct legal -description:
That portion of Lot 18, Block 5, Alderwood Manor No. 9,
lying Within the NE 1/4 of the NW 1/4 of Section 30,
Township 27 North, Range 4 East, H.M., and more par-
ticularly described as follows:
Beginning at the intersection of the west line of Lot IS
with the North line of Section 30; thence South along
said West line to the northwest corner of Parcel "A"
of those tracts conveyed to the City of Edmonds and re-
corded under Auditor's File No. 1385953, records of Sno-
homish County; Washington: thence East along the North
line of said Parcel "A" 120-00 feet to the northeast
corner. thereof; thence North parallel to the West line
of Lot 18 to its intersection with the North line of
Parcel B as recorded under Auditor's File No. 1385953
projected westerly; thence East along said North line
to its intersection with the East line of Lot 18; thence
North along said East line to its intersection with.the
North line of Section 30; thence west along said Nort
line to the Point of Beginning. 5ubi_ec't [v 5a' road&2 $41
extension per Par_ 3 of Stipulation.
DONE IN OPEN COURT this day of V����� 1977•
n " r�
AP ROVED AS TO FORM AND NOTICE OF PRESENTATION WWAIVED-
O. Gaylprd Riach ohannes A. 'watness'---'
Atrt ttorney for nesponden is
gt•p. 5 A Oyd Amend. Agree. & Rendler_ and Gross
Dr2�. S Dec:-0S:Approp. ----.
:iUN-10-1999 10:37 '-,UNDOUIST HOMES INC
4257780022 P.03i15
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RECEIVED
Escrow No. _ DEC_ 5 1978
Agency City of Edmonds
Five Corners Reservoir
Contract No. E439,00,0
ESCROW AGREEMENT
TO Commercial Bank of Seattle
1519 N.E. 177th
Seattle, WA 98133
U. ,U,
rtecErvEa
DEC 1 �9T8
Fdmnnds City Clerk
The Undersigned, Lindbrook Const. Co. , Inc.
herein referred to as the Contractor, has directed t e Citv of E mori s
hereinafter referred to as the Agency, to deliver to you its
warrants which shall be payable to you and the Contractor jointly. Such warrants are to be held
and disposed of by you in accordance with the following instructions and upoh the terms and con-
ditions hereinafter set forth.
INSTRUCTIONS
1. Warrants or checks made payable to you and the Contractor jointly upon delivery to you
shall be endorsed by you and forwarded for collection. The moneys will then be used by you to
purchase, as directed by the Contractor, bonds or other securities chosen by the Contractor and
approved by the Agency. Attached is a list of such bonds, or other securities approved by the
Agency. Other bonds or securities, except stocks may be selected by the Contractor, subject to
express written approval of the Agency. Purchase of such bonds or other securities shall be in a
form which shall allow you alone to reconvert such bonds or other securities into money if you
are required to do so by the Agency as provided in paragraph 4 of this Escrow Agreement.
2. When and as interest on the securities held by you pursuant to this agreement accrues
and is paid, you shall collect such interest and forward it to the Contractor at its address
designated below unless otherwise directed by the Contractor.
3. You are not authorized to deliver to the Contractor all or any part of the securities_
held by you pursuant to this agreement (or any moneys derived from the sale of such securities, or
the negotiation of the Agency's warrants) except in accordance with written instructions from the
Agency. Compliance with such instructions shall relieve you of any further liability related
thereto. The estimated completion date on the contract underlying this Escrow Agreement is
May 15 1979
4. In the event the Agency orders you to do so in writing, you shall, within thirty-five
(35) days of receipt of -such order, reconvert into money the securities held by you pursuant to
this agreement and return such money together with any other moneys held by you hereunder, to the
Agency.
5. The Contractor agrees to pay you as compensation for your services hereunder as fcllc,,:
Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted
from any property placed with you pursuant to this agreement until and unless the Agency directs
the release to the Contractor of the securities and moneys held hereunder whereupon you shall be
granted a first lien upon such property released and shall be entitled to reimburse yourself from
such property for the entire amount of your fees as provided for herein above. In the event that
you are made a party to any litigation with respect 'to the property held by you hereunder, or in
the event that the conditions of this escrow are not promptly fulfilled or that you are required
to render any service not provided for in these instructions, or that there is any assignment of
the interests of this escrow or any modification hereof, you shall be entitled to reasonable com-
pensation for such extraordinary services from the Contractor and reimbursement from the Contractor
for all costs and expenses, including attorney fees occasioned by such default, delay, controversy
or litigation.
6. This agreement shall not be binding until executed by the Contractor and the Agency and
accepted by you.
7. This instrument contains the entire agreement between you, the Contractor and the Agency
with respect to this escrow and you are not a party to nor bound by any instrument or agreement
other than this; you shall not be required to take notice of any default or any other matter nor
be bound by nor required to give notice or demand, nor required to take any action whatever except
as herein expressly provided; you shall not be liable for any loss or damage not caused by your
own negligence or willful misconduct.
8. The foregoing provisions shall be binding upon the assigns, successors, oersonal renre-
sentatives and heirs of the parties hereto.
The undersigned have read and hereby approve the instructions as given above governing the
administration of this escrow and do hereby execute this agreement on this day of
Lindbrook Const. Co., Inc.
(contractor)
j&c-- -roe a/. S By
LINDSR00K
0. �aX v�
Larson, P.E.
Dire for of Public Works
The above escrow instructions received and accepted this J 4- day of �. I91-7e
By
arized Off'
Securities Authorized by Agency:
(1) Bills, certificates, notes or bonds of the United States;
(2) Other obligations of the United States or its agencies;
(3) Obligations of any corporation wholly -owned by the government of the United States;
(4) Indebtedness of the Federal National Mortgage Association; and
(5) Time deposits in commercial banks.
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CITY of EDMONDS
200 Dayton Street • Edmonds, Washington 96020 • Telephone (206) 775-2525
Department of Public Works
May 31, 1977
Mr. John D. Wallace
Office of the City Attorney
1411 Fourth Avenue Building
Seattle, Washington 98161
Dear John:
Enclosed herewith is Warrant No. V71087 in the amount
of $27,150.00, payable to,the Clerk of Snohomish County
Superior Court. This is in accordance with your letter
of May 2, 1977, and the Agreed Settlement and Order and
Decree of Appropriation on the Suchert Property.
rf
Enclosure
You s ver tr y,
LEIF P. LARSON, P.E.
Direc Lr of Public Works
RAYMOND D.OGDEN (1876-1972)
RAYMOND 0- OGDEN, JR
JAMES A.MURPHY
RONALD A.MURPHY
JOHN D. WALLACE
DOUGLAS E ALBRIGHT
WAYNE D. TANAKA
LEE CORKRUM
G- GEOFFREY GIBBS
LAW OFFICES OF
OGDEN, OGDEN & MURPHY
SUITE 1015
1411 FOURTH AVENUE BUILDING
SEATTLE, WASHINGTON 98101
May 2, 1977
Mr. Leif Larson
Director of Public Works
City of Edmonds
Civic Center
Edmonds WA 98020
Dear Leif:
(206) 622-2991
RECEIVED
MAY 9 1977
Public works Dept.
Re: City of Edmonds vs. Suchert
Enclosed you will find 4Dill dated April 20, 1977, from Earl
Stay, the City's appraiser in the Five -Corner's water tank
q
acquisition case.
I would appreciate your processing this bill for payment.
In addition, please be advised that the matter has been
settled for a total sum of $27,150.00 representing all costs
including attorneys' fees that the owners would be entitled
to by virtue of existing State Law.
I am enclosing herewith a copy of the Stipulation and Decree
of Appropriation that will be entered in the cause together
with a copy of an April, 20, 1977, update of Mr. Stay's
earlier appraisal showing his current valuation being ap-
proximately $1.25 per foot for an estimated compensation
that he would testify to at $24,500.00. Thus, the case was
settled for $2,450.00 more than his appraisal plus the
$200.00 allowed by State Law for the property owners to
evaluate the City's offer. Under these circumstances it was
a reasonable settlement as the property owners did have a
comparable sale of property adjacent to theirs that would
have given them a property value in excess of $32,000.00.
Would you please have a warrant drawn to the Clerk of the
Snohomish County Superior Court in the amount of $27,150.00
and advise me when it has been drawn so that I may see that
it is deposited into the registry of the Court to finalize r,
this matter.
Very truly yours,
O G, OGDEN & MURPHY
Jo D. Wallace
JDW/krh
Enclosures
EARL L. STAY
Real Estate Appraiser & Consultant RECEI%/r7!1
17505-66TH AVE NORTHEAST
P. O. BOX 547
KENMORE. WA 98028 MAY 9 1977
(206)485-3301
Public Wunw,
April 20, 1977
Mr. John P. Wallace
City Attorney
Edmonds, Washington
Re: City of Edmonds vs Suchert
Dear Mr. Wallace:
Pursuant to your request, in anticipation of scheduled trial date, I have
reviewed and updated my December 1, 1973, appraisal report. I have examined
a number of new comparable sales for the purpose of estimating the current
Fair Market Value. It is also my understanding that the City is reducing
the proposed taking 1250 square feet to allow access from platted city street
leading north from Bowdoin Way.
The following sales were
considered to be
most comparable to the subject.
Sales
are not necessarily listed
in order
of importance.
Full details
relative
to the comparable sales
and analysis are available from appraiser's
work
files.
Sale
Sales
Sale
Price Paid
#
Grantor / Grantee
Price
Date_
Area
Per Sq Ft.
E.Tax #
1
Koenkow / Hagen
$29,500
5-19-76
17,820 sf.
$1.65
6300
2
Peterson / Kostelyk
$35,000
7-16-75
41,454 sf.
$0.84
7069
3
Stanway / Olin
$16,000
4-5-76
18,966 sf.
$0.84
4006
4
Solomonsen /
$99,000
4-12-76
109,184 sf.
$0.91
5307
Dujardin
5
Murphy / Finnigan
$22,000
6-18-76
18,000 sf.
$1.22
7402
6
Abelsen / Dudley
$39,000
4-9-76
23,116 sf.
$1.68
4196
Sale # 1 at $1.65 per square foot is located on a tract adjacent to the fire
station approximately 275 feet from subject. Sale property, however, allows
a greater density. 13 units are built on sale. Correlation of the above sales
and other sales in competitive locations indicate a unit value of $1.25 per
square foot for the subject property. Application of the unit price to the
new area of 19,606 squarefeet indicates Just Compensation of $24,500 rounded.
fIN rlP
2
An increase of 10% in offer could potentially mitigate costs of trial
(expert witness fee and attorney fees). Application of the $1.65 per square
foot unit value as found in the adjoining Sale # 1 would produce a verdict
of $32,350 plus anticipated fees and trial expenses in excess of $5000.
I certify that neither my employment nor my compensation for making the appraisal
are in any way contingent upon the value reported. I have no direct or
indirect, present or contemplated future personal interest in the appraised
property.
Respectfully submitted
Earl L. Stay
Real Estate Appraiser & Consultant
hg
CITY of EDMONDS
I
Civic Center • Edmonds, Washington 98020 • Telephone (206) 775-2525
January 18, 1977
RECEIVED
JAN I J 1977
Mr. Leif Larson
Edmonds City Engineer
Edmonds Civic Center.
250 Fifth Avenue North
Edmonds, Washington 98020
Re: Edmonds v. Suchert
Dear Leif:
This letter is to advise you that the trial of the
above -entitled case has been continued from January 31,
1977 to May 2321977.
Very truly yours,
OFFICE OF THE "ITY ATTORNEY
qD1-
0jg-'V--
Jo n D. Wallace
JDW/dm
!/ V
RAYMOND D CC -DEN 11876-1972)
RAYMOND D OGDEN
JAMES A.MUPP!-IY
RONALD A.MURP4Y
JOHN D. WALLACE
DOUGLAS E ALBRIG -T
WAYNE D. TANAKA
LEE CORKRUM
G. GEOFFREY GIBBS
LAW OFFICES OF
OGDEN, OGDEN & MURPHY
SUITE IOIS
1411 FOURTH AVENUE BUILDING n r * T L ti V _E ^
C 1 �.. 11
SEATTLE.WASHINGTON 98101
September 27, 1976
Mr. Chester.Bennett
Attorney at Law
115 Fourth Avenue South
Edmonds, Washington 98020
Mr. Johannes A. Watness
Attorney at Law
427 Medical Dental Building
Everett, Washington 98201
Dear Chet and Mr. Watness:
S I I' 1-
I .i I U
Edmonds bgr. Ubui.
(2061 622-299
,�CoAA -1��r-'SITor
Re: City of Edmonds v. Suchert, et al
This letter is to confirm that the order adjudicating public
use and setting trial date in this matter was entered as pre-
viously scheduled on Tuesday, September.21, 1976 and was signed
by the Honorable Dennis Britt.
The trial has been set as a jury trial with a 12 man panel
to commence on Monday, January 31, 1977.
Thank you both for your cooperation in this matter.
Very truly yours,
OGDEN, OGDEN & MUR HY
John D. Wallace
JD;a/dm
bcc: Leif Larson
Engineering Dept.
y 5/24/76
CITY OF EDMONDS
ENVIRONMENTAL ASSESSMENT
STATEMENT OF NEGATIVE DECLARATION
PROPOSED ADDITIONAL FIVE CORNERS IIATER TANK.
Description of Project
This project will construct a 2 to 3 million gallon reservoir to be located
near the existing 1.5 MG reservoir at Five Corners. The proposed site is
approximately 1/3 acre and zoned RML (Low Density). The height of the above
ground structure will exceed normal residential construction. Removal of a
house and a few trees will be necessary.
Potential Environmental Impact
1. The height of the above ground structure will impact the aesthetics of
the surrounding neighborhood. This will be minimized due to an existinn
40-foot high storage tank in close proximity. The shadow cast by the proposed
tank may also effect adjacent property. The height of the tank will exceed
normal residential construction. Several tall evergreen trees will shield
the tank from view and the tank will be painted a color to assist in blending
it with surroundings.
2. Site preparation will require the removal of a house and a few trees.
The existing residence has been abandoned and is in deteriorated condition.
Many trees will be retained and new ones planted.
3. Increased storm drainage due to runoff from the reservoir can be collected
and retained on the site.
4. There will be temporary noise and disturbance during the period of con-
struction. After construction, neighborhood noise levels will be of better
quality than if the property developed as multiple residential units.
5. Site acquisition will reduce the area available for residential development,
therefore, traffic will be reduced, children entering the school system will
be reduced and an increased load on community facilities will not occur. Air
pollution would not increase because of the nature of the development of the
water tank itself. The property does not possess any unusual environmental
characteristics and does not affect sensitive areas.
r (�
EXI-11IBIT "A"
PARCEL NO. 1_: BEFORE TAKING
That portion of Lot 18, Block 5, Alderwood Manor No. 9, lyina within the
NE 1/4 of the N114 1/4 of Section 30, Township 27 North, Range 4 East, !d.M.,
and more particularly described as follows:
Beginning at the intersection of the blest line of Lot 18 with the North line
of Section 30; thence South along said West line to the northwest corner of
Parcel "A" of those tracts conveyed to the City of Edmonds and recorded under
Auditor's File No. 1385953, records of Snohomish County, llashington; thence
East along the North line of said Parcel "A" 120.00 feet to the northeast
corner thereof; thence North parallel to the blest line of Lot 18 to its
intersection with thQ North line of Parcel "B" as recorded under Auditor's
File No. 1385953 projected westerly; thence East along said North line to
its intersection with the East line of Lot 18; thence North along said East
line to its intersection with the North line of Section 30; thence blest
along said North line to the Point of Beainninn.
TAKING:
Fee simple title to the above -described property.
Record owners or those persons or parties having an interest in the above
described real property: Dr. R.E. Suchert and Jane Doe Suchert, his wife;
also all other persons or parties kri&,m or unknown heirs claiming any
right, title, estate, lien or interest in the above -described property.
CITY of EDMONDS r
Civic Center • Edmonds, Washington 98020 • Telephone (206) 775-2525
Office of the City Attorney r
January 7, 1976
. F" t
Edl,l��u� E.�o� U
Dr. and Mrs. R. E. Suchert
540 - 12th Avenue North
Edmonds, Washington 98020
Re: Acquisition for T_
Corners T•Iater Tank Txnansion
Dear Dr. and Mrs. Suchert
Based on the last a praisal obtained by the City of
Edmonds reby offer the sum oF
1850.00 fo e
property City is s 'ng to acqurom you fo e
water t nt site. Plea dvise me wten days o the
date of t letter wh r this price acceptable
Very tyours,
JDW/dm
bcc: Leif Larson
..ire,. .
OFFICE OF THE CITY ATTORNEY
John D. Wallace
r
ram.
%,
Civic Center • Edmonds, Washington 98020 • Telephone (206) 775-2525
Office of the City Attorney
October 7, 1975 RrrF'V D
OC F l r5
Dr. and Mrs. R. E. Suchert
540 - 12th Avenue North
Edmonds. 90020
ti
Dear Dr. and Mrs. Suchert:
EdUpds fngr. Dept.
Re: Acquisition for Five
Corners Water Tank
Expansion
This will confirm my telephone conversation of October 6,
1975, with Mrs. Suchert to the effect that the appraisal price
the City of Edmonds has for the 22,050 square feet of land that
it,is seeking to acquire from you is $14,850.00. This is based
upon a $.70 per square foot valuation less an estimated $600.00
for costs of demolition and removal of the existing structure.
I will reiterate the City's offer of the appraisal price
at this time.
I would appreciate hearing from you concerning this offer
at your earliest convenience.
Very truly yours,
r%T MIT" f—rrrlTT T1 TITI.3/'�TN%TTTT
V1 J. -LJ v1.1 C111✓l,l\1':1
John D. Wallace
JDW/dm
bcc: Leif Larson
CITY of EDMONDS
Civic Center Edmonds, Washington 98020 Telephone (206) 775-25 AEI' 1 5 1975
' Li
y'AwOffice of the City Attorney
.- . .
Dr. R. E. Suchert.
540 12th Avenue North
Edmonds, ;Washington 98020
P11« Dear Dr. Suchert:
September 11, 1975
fdrioi;�s i„di. Oe�t
The records of Snohomish County ref]_^..ct that you own
certain property commonlys-known as 8517 Dowdoin Way, Fdmonds
Washington.
Th ty Councilithe City of Bonds has d F iced
that it necessary :pand exist_:Ci water stor g facil-
ities a that it wilnecessary u acquire a po r on of
the pro s y referredBove in ora� r -to accomplif - the
expansi f the t atoi]: storage ci]_ .tic_ .
I would appreciate your contacting m'o- at :Your earliest
convenience so that we may discuss acquisition of the subject
property and attempt to -consummate a negotiated sale of the
same.
Very truly yours,
OFFICE OF THE CITY ATTORNEY
John D. T,allace
JDW/dm
bcc: Leif Larson
City Engineer
r
RECEIVED
MAY 9 1977
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Public ft h;>
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR SNOH01HISH COUNTY
THE CITY OF EDMONDS,
Petitioner,
-vs-
DR. R. E. SUCHERT,
et ux, et al,
Respondents.
NO. 135"587
AGREED SETTLEMENT AND
ORDER A14D DECREE OF
APPROPRIATION
IT IS HEREBY STIPULATED to and agreed to by the parties,
by and through their respective attorneys of record, that the above
entitled condemnation proceeding is hereby settled on the following
basis:
(1) The City shall pay into the registry of the court,
upon behalf of the respondents, the sum of $26,950.00 as just com-
pensation for the land sought in this action.
(2) The City shall pay, on behalf of the respondents, an
additional $200.00 into the registry of the court as and for
appraisers' fees, attorneys' fees and related costs, pursuant to
R.C.W. Chapter 8.26.
(3) The City shall reduce the extent of its take so as
to leave within the ownership of the respondents, a strip of property
either immediately north of the existing public right-of-way located
easterly of the existing and proposed water tank site, between the to
sites and the existing fire station building, or such other location
as that said public street shall be subsequently re -located within the
28 boundaries of the above described area, 50 feet in width in an
29�
east -west direction and approximately 25 feet in depth in a north -
south direction, the purpose being to provide respondents with a 50
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�N foot wide access to the remainder of their property from the existing
f
��, public right-of-way as described.above. le.r Offlcez of
Agreed Settlement & Order &
I)e:cree o%Hppr_opriati-on
_l
OLDEN, OLDEN & MURPHY
1411 Forth Avenue Sulldlnq
SeaHle, Wd-Hngton513101
(2CS) 622 ?S51
I Respondent grant rights of ingress and egress over said 50 foot by
2 25.foot strip for the purpose of construction and/or maintanence of
3 the propsoed water tank facility.
4 (4) The petitioner City shall use its best efforts to
5 leave as many of the existing large trees that exist on the site
6 that are not required to be removed for the purpose of construction
7 and main-anence of the proposed water tank.
8
(5) That a decree of appropriation embodying the above
9 k
set forth provisions may be entered herein.
10 DATED this a y of April, 1977.
11
12
13 Johannes A. Watness
Attorney for Respondent, H. M.
14 Rendler, et al
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16 J. Gaylord Riach
Attor for Respondent, Suchert
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18
Joh Wallace
19 Att ley for Petitioner, City of
Edmonds.
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21 JUDGMENT AND DECREE OF APPROPRIATION
22
23 THIS MATTER having come on regularly for hearing this day
24 before the undersigned, one of the Judges of the above -entitled Court,
25 and it appearing that the petitioner and the above -named respondent
26 by and through their respective attorneys of record have reached
27 agreement in all respects, and the Court after considering the
28 written Stipulation filed herein concerning the lands, real estate,
29 premises and other property sought to be appropriated and used by the
30 City of Edmonds, the petitioner herein, for municipal purposes,
31 and having found therefrom that the damages, including the value of
Agreed Settlement & Order &
Decree of-Ap�rnat-ice_--
2
Law OWI,-ee of
OGDEN, OGDEN & MURPHY
1411 Fourh Avanue RAIdinq
Sea4le, Wathinston 73101
(206) 02-2771
t
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the land appropriated, to'the property abutting the premises being
acquired herein, resulting to all persons and parties interested
herein by reason of such appropriation of lands, real estate, prem-
ises and other property hereinafter described, and including respond
ents' statutory costs, are, in accordance with the findings of this
Court, in the sum of $26,950.00 plus the sum of $200.00 for costs of
evaluating the petitioner's offer, is a proper amount and awarded to
be paid by the petitioner herein, now, therefore, it is hereby
ORDERED, ADJUDGED AND DECREED that compensation be made in
money in the sum of $26,950.00 plus the sum of $200.00 for the res-
pondents' cost of evaluating the petitioner's offer and other fees
permitted by RCW Chapter 8.26, said sums including all statutory
costs to all owners, tenants, encumbrances and all,other persons
interested therein, for the appropriation and use by said petitioner
of the following -described lands, real estate, premises and other
property, acquired herein from the respondents, situate in Snohomish
County, Washington;
,l
A portion of Alderwood Manor, #9, Block 5, Lot
18, lying south of section line, described as
follows: Beginn-ng at the northwest corner of
said Lot 18 lying south of section line, thence
commencing south along the west line thereof a
distance of,140 feet more or less; thence east
120 feet along the south line ;Athence east 150
feet; thence north 35 feet mQr�e or less to the
intersection of section line;,thence west 270
feet along section line to ppint of beginning;
all in Snohomish County, Wa hington. _ --
And, it is further.
7H G •V r+,i' ;~f� /'Q S !7 DEC F
ORDERED, ADJUDGED APED DECREED—that--Mpbn'payment into the
registry of the Court of the sum of $27,150.00, the petitioner, the
City of Edmonds, Washington, an optional municipal code city, shall
be and become the owner of the lands, real estate, premises and
appurtenances and other property sought to be appropriated herein,
and shall be entitled to enter into possession thereof and to take,
hold and own and at all times thereafter use and possess the same,
Judg. & Decree of
i t,ppr.opriation
3
Law O'fces of
OGDEN, OGDEN S MURPHY
1411 Fourth Avenus Building
Seattle, was�ingten ?9101
J2061 622-2971
I '-
f�
i
1 and that such payment shall be in full for the taking, condemnation
2 and appropriation and use of the same, and it is further
3 ORDERED, ADJUDGED AND DECREED that the provisions of the
4 Stipulation set forth hereinabove are hereby incorporated in full by
5 this reference, ratified and made a part of this Judgment and Decree
6 of Appropriation, and it is further
7 ORDERED, ADJUDGED AND DECREED that upon payment of said
8 award and judgment into the registry of the Court in this cause, the
9 I Clerk thereof be, and is, hereby ordered and directed to satisfy said
10 ! Judgment and to hold said sum of money for distribution among the
i
lI E
respondents, as shall be directed by further order of this Court.
12 DONE IN OPEN COURT this day of T
13 1977.
14
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16 JUDGE
17 Presented by:
18 OGDEN, OGDEN & MURPHY
19
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21 John D. Wallace
Attorney for Petitioner
22
23 Approved as to Form and Notice
24 of Presentation Waived:
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26 J. Gaylord Riach
27 RIACH, GESE & SEATHER
Attorney for Respondent Sucherts
28
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30 Johannes A. Watness
Attorney for Respondents
31 Rendler and Gross
1
H
Judgment & Decree of
Appropriation
4
Law Orfce, of
OGDEN, OGDEN !4 MURPHY
1411 Fourth Avanue Bulldlnq
Seattle, Wastiington 98101
(2C6) 622-2"1