HomeMy WebLinkAboutPW17-129 - Original - R&M Investments, LLC - 228th Street/UPRR Grade Separation Project - 03/14/2017 ecords e m
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name: R&M Investments L_I_C
Vendor Number:
]D Edwards Dumber
Contract Number: li z
ot
This is assigned by City Clerk's Office
Project dame: 228t' Street/UPRR Grade Separation Project
[description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract
0' Other: Grant of Access Easement
Contract Effective Date: 3/1412017 Termination date: Indef.
Contract Renewal Notice (Days):
Dumber of days required notice for termination or renewal or amendment
Contract Manager:.. M. Madfai Department: Public Works -_Engineering
Contract Amount:
Approvail Authority: ❑ Director Z Mayor F-1 City Council Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
Compensate R&M for access easement, damages, temporary construction easement,
___.___..maintenance_..______ _..._..._ .._____... ._...._.__ _...._.__
�4nd future
Agreement for Grant of Access Easement
City of Kent 228th Street/UPRR Grade Separation Project
Owner, R&M, Investments, LLC, a Washington Limited Liability Company
Parcel Number 132204-9218 STR: NW 13-22-4
Address: 2244176th Avenue South, Kent,WA 98032
This Agreement Is made on CLY_Cl�] 191 , 2017, between the City of Kent, Washington, a Municipal
Corporation("Kent"or"the City,") and R&M Investments, LLC, a Washington Limited Liability Company
("R&M"'). The City and R&M will be referred to as the "Parties."
Background
1. R&M owns real property(the"R&M Property") located at 2244176th Avenue So., Kent,
Washington,98032. The property is located near South 228th Street,along which the City is
constructing its 228th Street UPRR Grade Separation Project(the"Project"),which includes
construction of an overpass over the union Pacific Railroad mainline.
2. R&M shares a common boundary with property owned by 228th Street Kent LLC ("Gull
Industries or Gull") as shown on Exhibit A. .Access to the Gull Property is via two driveways off
South 228th Street as shown on Exhibit A.
3. Pacific Metal Company,a subsidiary of Reliance Steel and Aluminum Co., is a tenant of Gull
and operates a metal products business on the Gull Property.
. When the City's Project is complete,South 228th Street adjacent to the Gull Property will be
elevated for the overpass as depicted on Exhibit B. To accommodate the overpass,the two Gull
driveways shown on Exhibit A will be closed,eliminating ingress and egress to the Gull property..
Consequently,the City approached R&M about providing alternative access to the Gull Property
via an access easement over the south portion of the R&M Property, appurtenant to and for the
permanent benefit of the Gull Property as shown on Exhibit C (the"Access Easement").
S. On November 10, 2016, the City received from an independent appraiser an appraisal for
the Access Easement,totaling 16,107 square feet as depicted on attached Exhibit E. The Access
Easement area mostly coincides with an existing driveway into and across much of the south side
of the R&M Property. Also depicted on Exhibits C and E,however,is the fact that some of the
access easement area is presently occupied by a drainage/detention pond("the Detention Pond").
6. To accommodate the access easement,the Detention Pond would need to be moved to the
west,out of the easement area. Lying west of the present location of the Detention Pond,however,
City of Kent/R&M Investments Agreement
Page 1
is an unpaved product and pallet storage area (the"Storage Area"). This,too, is depicted on
Exhibit C.
7. The Parties have, among other things, discussed the Project,the need for the access
easement for Gull,and R&M's desire to have the City pave R&M's 17,258-square-foot Storage Area.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
Agreement
8. a. No later than ten(10) days after the Effective Date of this Agreement,the City shall pay
to R&M the lump sum of$327,300.00 (the"Purchase Amount"). The Purchase Amount consists of
the following:
Compensation for 16,107-sq. foot Access Easement $235,200
Damages $ 40,400
Temporary Construction Easement $ 11,700
Future Maintenance $ 40,000
Total $327,300
b, To facilitate the City's payment to R&M, R&M must provide to the City,within five
business days of the date of this Agreement, (1) a completed"Vendor Setup Form,"a blank copy of
which is attached as Exhibit F,and (2) evidence that the individual signing this agreement on
behalf of R&M has authority to sign.
9. At its sole expense,the City shall design and construct a Detention Pond Relocation Plan
that will relocate the Detention Pond out of the area of the Access Easement, The Detention Pond
will be relocated to the position shown on attached Exhibit F. The Parties acknowledge that
relocation of the Detention Pond will reduce the size of the existing Storage Area by approximately
1374 square feet,from approximately 18,632 square feet to approximately 17,258..,square feet.
10. At its sole expense,and as further consideration for the Access Easement to be granted by
R&M,the City shall pave the Storage Area shown on Exhibit C with pervious concrete pavement.
A Pervious Concrete Pavement Section is included in Exhibit C.
11. At its sole expense, and as further consideration for the Access Easement to be granted by
R&M,the City will install cyclone fencing including two security gates and new paving in the
configuration shown on Exhibit C.
City of Kent/R&M Investments Agreement
Page 2
12. The City shall coordinate construction of the Detention Pond relocation,easement area
paving(across the portion of the easement area presently occupied by the Detention Pond),gate
installation,and Storage Area paving with R&M to minimize impacts to business operations and to
ensure that the improvements meet the expectations of R&M. Prior to beginning these activities,
the City shall provide R&M with sixty(60) days written notice including detailed construction
plans and specifications detailing the work to be done and a schedule for the work including the
date on which such construction shall start(the"Construction Start Date") and the estimated
completion date. Notice to R&M shall be provided to:
Luke Moore
lukebmoore@msn.com
And
Tom Risinger
Tomas.risinger@gmail.com
13. R&M hereby grants to the City permission to enter the R&M Property for the purposes set
forth above (namely relocation of the Detention Pond,paving of the Storage Area and easement
area and work incidental thereto). Simultaneous with execution and delivery of the access
easement referenced In paragraph 14 below, R&M will execute and deliver to the City a temporary
construction easement in the form attached as Exhibit H.
14. Simultaneous with the City's delivery of the payment referenced in paragraph 8a above,
R&M shall deliver to the City an executed access easement in the form attached as Exhibit G,the
express purpose of such easement being to afford Gull,its tenant Pacific Metal Company,and any
future owner of'or tenant on the Gull Property ingress and egress to the Gull Property from 761h
Avenue South. The City shall be responsible for recording the executed easement.
15. Effective Date. This Agreement shall become effective the first day following the date that
the final signature is obtained from the parties executing this Agreement. This Agreement May be
executed in identical counterparts via electronic transmission and the parties warrant and
represent that the persons executing this Agreement have full authority to do so on behalf of their
respective entities.
City of Kent/R&M Investments Agreement
Page 3
R&M Investments, LLC
Print Name
CITY OF KENT
City of Kent/R&M Investments Agreement
Page 4
Exhibit List
Exhibit A Aerial photo showing the R&M Property,the Gull Property,and the two
existing Gull driveways onto 228m St.
Exhibit B Depiction of the future overpass.
Exhibit C Drawing depicting the proposed access easement. Including depiction of
gates to be installed as part of the easement improvements.
Exhibit D Intentionally Left Blank
Exhibit E Detail drawing of access easement area including dimensions,total square
footage,and conflict with the existing detention pond as referenced in
paragraph S.
Exhibit F City of Kent"Vendor Setup Form."
Exhibit G Form of access easement.
Exhibit H Form of temporary construction easement
City of Kent/R&M Investments Agreement
Page 5
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Exhibit D
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Intentionally left Blank
EXISTING RIGHT OF WAY NW SEC 13-22-04 76th AVE. s.
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EXISTING STORM I
DRAIN POND
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R & M INVESTMENTS, I..L.0
22441 76th AVE. S.
TAX ID 132204-9218
PW 2015--009 TEMPORARY CONSTRUCTION
EASEMENT 12.814 SQ. FT. eJ
117.00 v
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N t`H
TEMPORARY CONSTRUCTION NPORTANr THIS IS NOT A SURVEY. IT IS FURNISHED AS A
EASEMENT CONVENIENCE To LOCATE THE WAND INDICATED HEREON WJTH
® REFERENCE TO STREETS AND OTHER LAND. NO UAMUTY IS
ACCESS EASEMENT ASSUMED BY REASON OF RELIANCE HEREON
PARTIAL TAKE
FINE UNE PACIFIC INC ACCESS EASEMENT
4—b mu 1"�80' 1 ewm
132204-9218 cl k�,�o�v Nra DATE 1212016 1 E
G..1DmVn\07 30n no Upr*ftj\ROW1FIAFDRM SMALLj%gj W1710:46:96 AM
❑ New Vendor
❑ Reactivate Vendor
KENT Vendor Set-up Form ❑ Address Change
WASHINGTON To be NOW out by Vendor ONLY Vendor Number
FINANCE
220 Fourth Avenue South Kent,WA 98032-5695•Phone: (253)856-5235•Fax: (253)866-6200
An incomplete form will create a delay In our payment(e)to you and your payment(s)
could be sub ect to the IRS required back-up withholding.
Name,ask will appear on check (NO ABBREVW7YONS) [Ming Business As(If different than name on check)
Payment Address Business Address
CRY State Zip City state Zip
1 �
Rhone Number Accounts Receivable Contact
oheak the ste
❑Corporation ❑Government Agency ❑ IndividuallSole Proprietor ❑ Non-Profit ❑Partnership
This business Is
❑Minority Owned ❑Women Owned ❑ Both Minority and Women Owned ❑Neither
Will you provide medical services to the City of Kent? ................................................................Yes No
Will you provide legal services to the City of Kent? ......................................I.............................Yes No
Will you provide services other than medical or legal to the City of Kent?....................................Yes No
Will you provide parts,supplies or materials to the City of Kent?..................................................Yes No
Do you pay sales tax to the State of Washington?........................................................................Yes No
If exem t from Form 1099 repardna, and check your qual"ng exemption reason below:
❑ 1. Corporation,except there is no exemption for medical and healthcare payments
or payments for legal services
❑ 2. Tax Exempt Charity under 501(a),or IRA
❑ 3. The United States or any of Its agencies or Instrumentalities
❑ 4. A state,the District of Columbia,a possession of the United States,or any of their political subdivisions
❑ S. A foreign government or any of its poll"subdivisions
Name(Owner of the Tax Payer Identification Number(EIN or SSN)as name appears on IRS or Social Security
Administration Records):
Social Security#: or Federal TIN:
Under penalties of perjury, I certify that:
1. The number shown on this form Is my correct taxpayer identification number(or I am waiting for a number to be
Issued to me)and,
2. 1 am not subject to backup withholding because: (a)I am exempt from backup withholding,or(b)I have not been
notified by the internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to
report all Interest or dividends,or c)the IRS has notified me that I am no longer sub eat to backup withholding.
Signature nature Date ►
tlot2727 Mdd+?/04
EXHIBIT F L/
DRAIN'1/19/17
AFTER RECORDING MAIL TO*
Property Management
City of Kent
220 Ott+Avenue South
Kent,WA 98032
Grantor(s); R&M investments,LLC
Grantee(s), 220 Street Kent LLC
Abbreviated Legal Description: Ptns of Lot 2 Kent SP 84.4
Assessor's Tax Parcel No., 2 220+4-9218 STR:NW 1$-22.4
DECLARATION OF ACCESS EASEMENT
WITNESSETH,
This Declaration establishing a non-exciusive access easement Is made this_.day
of January,2017, by R&M investments, LLC(hereinafter"Declarant"or"Grantor"),
RECITALS,
WHEREAS, Declarant is the current owner of real property located In the County of King,State
of Washington,as shown on the drawing attached as Exhibit A and as legally described In
Exhibit 8 attached hereto and Incorporated herein by this reference(the"Burdened Property");
WHEREAS,adjacent to the burdened property as shown on the drawing attached as Exhibit A
lies real property legally described In Exhibit C,presently owned by 228th Kent LLC(the
"'Benefitted Property");
WHEREAS,Declarant desires to create a permanent access easement(the"Access Easement"")
on,over,and through the Easement Area shown on attached Exhibit D(and legally described In
Exhibit E)to provide Ingress and egress to and from the Benefitted Property from 76tt"Avenue
South;
WHEREAS,Declarant Intends that the Access Easement permit and enable present and future
owners of the Benefitted Property,their heirs,successors,assigns,invitees,licensees,
employees,customers and guests to pass over the Access Easement for Ingress and egress to
the Benefitted Property;
WHEREAS, Declarant desires to grant such Access Easement upon the terms and conditions set
forth below;
NOW,THEREFORE,Declarant hereby submits the Easement Area to the terms, covenants,
restrictions and easements set forth herein for the benefit of the Benefitted Property as
follows:
1. GRANT OF EASEMENT. Declarant hereby grants and declares a permanent non-
exclusive Access Easement over and upon the Easement Area legally described In Exhibit
E for the benefit of the Benefitted Property,which easement shall be appurtenant to
and far the benefit of the Benefitted Property and may be used by the owners of the
Benefitted Property,their heirs,successors,assigns,Invitees,licensees,employees,
customers and guests.
2. SUCCESSORS. This easement shall be a covenant running with the land forever and shall
be binding on the Grantor's successors,heirs,and assigns.
3. INTERFERENCE. No permanent obstructions of any kind shall be allowed within the
Easement Area that would impede Ingress or egress for the purposes herein defined.
IN WITNESS WHEREOF,the designated Declarant has hereunto caused its hand and seal to be set as of
the day and year written below..
Dated this day of_ 2017.
Declarant/Grantor: R&M Investments,LLC,a Washington Limited Liability Company
By.
Its,
STATE OF'WASHINGTON �
ss.
COUNTY OF ICING �
I certify that I know or have satisfactory evidence that
Is the person who appeared before me, and said person
acknowledged that (he/she) signed this Instrument, on oath stated that (he/she) was
authorized to execute the Instrument and acknowledged It as the
of to be the free and voluntary act of such party
for the uses and purposes mentioned In the Instrument.
Dated;
-Notery Seal Must AAMF WOW This Boac-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written,
(Signature)
�r�N�It_IL_it.
Exhibit A Drawing showing both the burdened and benefitted parcels
Exhibit E Legal description of burdened R&M Property
Exhibit C Legal description of benefitted 225t' (Cent LLC Property
Exhibit D Drawings showing the access easement area
Exhibit E Legal description of access easement area
Exhibit "H"
Temporary Construction Easement
THIS EASEMENT made this day of 2d____r by
(""Grantor"), and the CITY" OF KENT, a
Washington municipal corporation ("Grantee").
WITNVESSETH: That Grantor, for and in consideration of $10.00,
receipt of which is hereby acknowledged by Grantor, do by these presents
grant unto the Grantee a temporary construction easement and right of
entry, Including reasonable rights of ingress and egress, to be used only
during construction of the -
(""Project"), said
temporary easement and right of entry being through and across a portion.
of tax parcel number , also being known as.
("`Property") situated In King County,
Washington:
See Exhibit "'A" attached and incorporated herein
The temporary construction easement and right of entry shall remain
in force during construction of the Project, and until such time as all of the
improvements constructed during, and pursuant to, the Project, and any
appurtenances thereto, have been accepted and approved for maintenance
and operation by the City of (Cent. This temporary construction easement
shall terminate automatically upon the acceptance of the Project by the City.
Should the project extended past 12 months, additional compensation will
be paid and prorated per month based on the acquisition breakdown of
$ ...square foot @ % @ I. year.
This Agreement shall become effective upon the City of Kent's
Issuance of the "Notice to Proceed" (Effective Date) pursuant to the
construction contract, to the city contractor on the
(project)
Grantee shall have the right, without prior institution of ,any suit or
proceeding at law, at such times as may be necessary, with at least two (2)
Page 1 of 4
business days prior written notice to Grantor (except in the event of an
emergency) to enter upon the Property for the purpose of construction of
Improvements pursuant to the Project, provided that the construction of said
improvements shall be accomplished in such a manner that the existing
improvements and land contours existing on the Property shall not be
disturbed or destroyed, or in the event that they are disturbed or destroyed,
they will be replaced In as good a condition as they were Immediately before
the Property was entered upon by the Grantee. In addition, Grantee shall
use commercially reasonable efforts to avoid interfering with Grantor's
normal course of business on Its adjacent property as Grantee exercises its
rights hereunder.
Grantee shall at all times exercise its rights under this temporary
construction easement and right of entry in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee shall defend, indemnify and
hold harmless Grantor from and against claims, damages, liability and fees
and costs (including attorneys fees and costs) Incurred by or claimed against
Grantor as a result of Grantee's negligence in the exerclse of the rights
herein granted to Grantee; provided, however, nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability
attributable to the sale negligence of Grantor or the negligence of others
unless such others are agents of or otherwise under the control of Grantee.
This indemnification shall survive the termination of this temporary
construction easement.
The rightsgranted by Grantor to Grantee under this agreement are for
the limited purpose of allowing Grantee entry on to the Property for
construction of the Project. Nothing herein shall be construed as a
conveyance of a real property interest from Grantor to Grantee.
GRANTOR:
By:
Its:
Page 2 of 4
Late:
STATE OF WASHINGTON
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
Is the person who appeared before me, and said person.
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear W1thIn This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
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REQUEST FOR MAYOR'S SIGNATURE
I{Ei'�IT Print on ferry- ;c.�lor � Poi r
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Mark Maidfai Phone (Originator): x5521
Date Sent: 3/14/17 bate Required; 3/16/17
Return Signed Document to: Mack Madfai Contract Termination mate: Fi/a
VENDOR NAME: Fate Finance Notified:
R&M Investments; LLC Only required on contracts n/ a
20 000 and over or on any Grant
DATE OF COUNCIL n/a Date Risk Manager Notified:
.10,2 (Required on. Non-City Standard Contracts/Agreements)
Has this Document been Specificall Account Number:
���
Authorized in the Budget? • YES (+NO
Brief Explanation of Document:
Agreement for Grant of Access Easement to compensate R&M for access easement,
damages, temporary construction easement, and future maintenance to accommodate
the elevated overpass over the UPRR mainline.
All Contracts Must Be Routed Through The Law Department
(This area to be completed b t)
Received
Approval of Law Dept.
Lawn Lae t. Comments:
Date Forwarded to Ma or:
Shaded Areas To Be Completed By Administration Staff
Received
Recommendations and Comments.
fix
Date Returned: be,of
16ma arms ocument. racessdng equal!nd Mlyofl rgnaturc.acx