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HomeMy WebLinkAboutCAG2019-184 - Other - Sound Transit - Federal Way Link Extension Project: Temporary Construction Easement for Parcel #282204-9017 - 11/13/2019 20191211.000535.001 Instrument Number: 20191211000535 Document:EAS Rec: $109.50 Page-] Record Date:12/11/2019 12:20 PNi King County,WA l REF#L? S-66'U)tD WI4EN RECORDED RETURN TO: �.��+�+4��p53+7 Sound Transit . Z�r�1 Real Property Division EASEMENT seat:$109.60 910 401 S.Jackson Street i I(ING COUNTY. WA xlnG cvuaTY,wa i Seattle,WA 98104-2826 TEMPORARY CONSTRUCTION EASEMENT(SHORT TERM GENERAL CONSTRUCTION) Grantor(s): ;City of Kent,a municipal corporation Grantee: Central Puget Sound Regional Transit Authority Abbreviated Legal Description: JPTN SE 1/4,SEC 28-22-40 Assessor's Tax Parcel No(s): 282204-90#1 ROW No(s): IFL3011 City of Kent,a municipal corporation,("Grantor"},is the owner of real property located in the City of 1ked commonly known as ono site address',King County,Washington,98032, and more particularly described In the legal description attached as Exhibit"A'I;Grantor's Entire Parcel("Property"). CENTRAL PUGET SOUND. REGIONAL TRANSIT AUTHORITY, a regional transit authority of the State of Washington("Grantee"),is developing high capacity transit service in the central Puget Sound region,including the Link Ilght rail system.Grantee is constructing a portion of the Link light rail system called the Federal Way Link Extension;(°Project"). Grantee desires to use a certain portion of the Property in connection with the construction, operation and maintenance of the Link light rail system. AGREEMENT 1. Grant of Easement.Grantor,for and in consideration of the public good and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by Grantor, hereby conveys to Grantee, its successors and assigns, a temporary construction easement("Easement")within,over,across,through,under,and upon the portion of the Property, more particularly described In the attached Exhibit"B'11 and depicted in Exhibit"C' '("Easement Area"). 2. Purpose of Easement.Grantee,its agents,contractors and permittees may use the Easement Area,including entry into private improvements located in the Easement Area,for the purpose of construction (which may include,but not be limited to:parking lot reconstruction, drainage,retaining walls,street connections,and to temporarily and permanently re-grade slopes and make cuts and fills to match new driveways, parking lot areas,street grade,sidewalks and retaining walls).When deemed necessary by Grantee,Grantee may fence all or a portion of the Easement Area from time to time during the performance of the work described herein("Grantee's Work'). Grantee shall at all times ensure that the Easement does not unreasonably interfere with Grantor's access to the Property from the adjacent public right-of-way: In the event Grantee's utility connection work requires access to portions of the Property in addition to that depicted in Exhibit'C",Grantee may enter into such additional property for the purpose of reconnecting utilities that serve the Property and such entry will be governed by the terms of the Easement. Grantee shall be entitled to apply to public authoritieshaving jurisdiction for any and all permits necessary for the purposes described herein.Grantee shall be responsible for all ROW#:FL301 Temporary Construction Easement-Short Term-General f-2 r m apprnv c d by Cm 1 1 MW 17 Lasts:ivnrf by .-+ma:Chv.�Cn:If3119 j WISE TAX NOT REQUIRED Page 1 of 4 y Deputy Instrument Number: 20191211000535 Document:EAS Rec: $1'��1�'�°�age'2 Record Date:12/11/2019 12:20 PM King County,WA work performed under such permit(s),along with any and all fees which may accrue during review of Grantee's permit application and after issuance of such permit(s). 3. Restoration;Subject to Paragraph 4,below,in the event private improvements in the Easement Area are disturbed or damaged by any of Grantee's Work,upon completion of such Work,Grantee shall,at Grantee's discretion,replace them with hardscape,gravel,or hydroseed, or restore them to,a condition that is as good as or better than that which existed prior to the use, or as negotiated separately; provided, however, that such restoration shall be consistent with Grantee's project improvements and the purposes described in Paragraph 2. During the Term,Grantee may,on an interim basis,restore the Easement Area to a reasonably safe and convenient condition. 4. Term of Easement.The term of the Easement(the"Term")shall commence upon mutual execution of this agreement. Following commencement of the Term, Grantor shall not make any material modifications or improvements to the physical condition of the Easement Area that would interfere with Grantee's use of the Easement for the purposes described in Paragraph 2. Grantee will provide fourteen(14)days written notice to Grantor before commencing Grantee's Work within the Easement Area. Grantee shall be entitled to use the Easement Area for the performance of Grantee's Work for a period of Ywenty-Fouri (;24)consecutive months (the "Construction Period"). During the Construction Period,Grantee's use of the Easement Area shall be exclusive.The Easement will remain in effect until!December 31,2024 or until completion of restoration of the Easement Area,if any,as provided for in Section 3 of this Easement,whichever occurs first. Grantee may, at its option, extend the Term, including the exclusive Construction Period,for up to an additional six,(6)months. 5. Payment for Easement.Grantee will pay Grantor fThirty,and 00110Oths Dollars (030.00)upon recording of this Easement,if Grantee requires additional exclusive use past the Construction Period,as provided For in Section 4,Grantee will pay IZera'and�101OOths Dollars ($:84)par month for each month or portion of a month,that Grantee uses the Easement Area for the purpose described in Paragraph 2. 6. Representations and Indemnifications.Grantee will exercise its rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee will indemnify Grantor from and against any and all claims,costs,liabilities,and damages that arise from the exercise of the rights granted in this Easement by Grantee, its agents,contractors and permittees to the extent such claims,costs, liabilities and damages are caused by an act or omission of Grantee, its agents, contractors and permittees.To the extent permitted by RCW 4.24.115 Grantee's obligations under this indemnity shall not apply to the extent that any such claims, costs, liabilities and damages arise from the negligence of Grantor,or Grantor's employees,agents and contractors. 7. Binding Effect.This Easement is solely for the benefit of Grantee,and is personal to Grantee,its successors in interest and assigns.Grantee may permit third parties to enter the Easement Area to accomplish the purposes described herein,provided that all such parties abide by the terms of this Easement. This Easement, and the duties, restrictions, limitations and obligations herein created,run with the land,burden the Property and are binding upon Grantor and its successors,assigns,mortgagees and sublessees and each and every person who,at any time,has a fee,leasehold,mortgage or other interest in any part of the Easement Area. 8. Insurance. During the Term, Grantee must maintain commercial general liability insurance with reasonable limits of Liability covering Grantee, its agents, contractors and permittees as to the exercise of Grantee's rights under this Easement within the Easement Area. Grantee must provide Grantor,on request, certificates of insurance evidencing such coverage. Grantee may provide the coverage required herein under blanket policies provided that the coverage is not diminished as a result. 9. Le al Proceedinigs. Grantor and Grantee agree that in the event it becomes necessary for either of them to defend or institute legal proceedings as a result of the failure of the other to comply with this Easement,the prevailing party in such litigation will be entitled to be reimbursed for all costs incurred or expended in connection therewith,including,but not limited to,reasonable attorney's fees(including paralegal fees and fees for any appeals)and court costs. 10. Condemnation.This Easement is granted under the threat of condemnation. ROW#:FL301 Temporary Construction Easement-Short Term-Ganeral Form approved by CIA 10/06/17 Last sa•,nn Lypames Chung on 1/13/19 1 Page 2 of 4 Instrument Number: Z0191211000535 Document:EAS Rec: $1'��:�'�°Pag`e'-- Record Date:12111/2019 12:20 PM King County,WA 11. Recording. Grantee will record this Easement in the real property records of jKing'County,Washington. 1 .Dated and signed this _ �day of ����if 2019. Grantor:City of Kent,a municipal corporation Its: (Corporate) STATE OF WASHINGTON } ) SS. COUNTY OF King I certify that I know or have satisfac y evidence that�� _and I re) the person(s) who appeared before me, and sai Arson(s)acknowledged that(he/shellhey)signed this instrument,on oath stated that(he lafto Us /they are) au I orized to execute the instrument and acknowledged it as the JuL/�J�41tr 4It and Of to be the free and voluntary act of such ,party for the uses and purposes mentioned in this instrument. 10 r►►►►t+fit Dated: 7, Zoe E � ,�"{5j R�G►���izz, Signature: Notary Public! and for the State of Washington r 7 Notary(print name):W.I&e � ;1OL2p �_�= Residing at: �11/hr0�irygg�`N4� My appointment expires: ROw u:FILM Temporary Construction Easement-Short Term-General Farrn approved by Givil 10JO6117 Last saved by,amen Chung on 1/13/19 i Page 3 of 4 Instrument Number: 20191211000535 Document:EAS Rec: age-a Record Date:12/11/2019 12:20 PM King County,WA Dated and signed on this 1�r day of OoJ—� 201 pay Ffamn Year reatroUbigst Bound r _g t 4flt]f By: - Its: IF- a-( 62-T-fi� Z� Approved as to Form fay:•--...._-..-.._� .�t --- -- Sound Trans t Lecpal Counsel STATE OF WASHINGTON } )Ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that EY1 c- P is the person who appeared before me, and said person acknowledged that(he/she)signed this instrument, on oath stated that(he is/she is)authorized to ecute the in urnerlb and. acknowledged it as the of CENTRAL PUGET SOUND REGION, LV TRANSIT AUTHORITY to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. �'1ti,.u►►►11I Ft Dated: _ N 844"'hill Signature w ,W,1r, Qw.g` 'ss10 n,, y 9 Notary Public in and for the State of Washington u IAvleeyt. ��31vt Notary(print name):. i •�'4, Uev& ;2 f'fJr�� a�WASH�G►� Mysappointment expires: ROW N:FL301 Temporary Constructlon Easement-Short Term-General Form approvod by Civ;l 10/06/17 Last saved byJamer.Chun.;on Malt Page 4 of 4 Instrument Number: 20191211000535 Document:EAS Rec: $1'$�1 °gage SG Record Date:12,/11/2019 12:20 PM King County,WA EXHIBIT"A" R/W No.FL301 PIN 2822049017 CITY OF KENT,A MUNICIPAL CORPORATION Grantor's Parcel: THE SOUTH HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28,TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY, WASHINGTON. AND TRACTS 21,22,29,30,31,32,47 AND THE EAST 16 FEET OF THE WEST 33 FEET OF TRACT 45. SECOMA HI-WAY TRACTS,ACCORDING TO THE PLAT THEREOF RECORDED 1N VOLUME 37 OF PLATS,PAGE 42,IN KING COUNTY,WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED SOUTH 268TH STREET ADJOINING TRACTS 21,22, 31,32,29 AND 30. SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. _sue tA5 FL301 Le&;Doc John W.Goodman 0 612 712 0 1 8 Instrument Number: 20191211000535 Document:EAS Rec: $1'60.Wra 44 Record Date:12/11/2019 12:20 PM King County,WA EXHIBIT"B" R/W No.FL301 PIN 2822049017 CITY OF KENT,A MUNICIPAL CORPORATION Temporary Construction Easement Area Acquired by Grantee: THAT PORTION OF GRANTOR'S PARCEL(SAID PARCEL BEING DESCRIBED IN EXHIBIT"A"), MORE PARTICULARLY THAT PORTION OF THE EAST 16.00 FEET OF THE WEST 33.00 FEET OF LOT 45,SECOMA HI-WAY TRACTS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 37 OF PLATS,PAGE 42,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST 16.00 FEET; THENCE,ALONG THE EASTERLY LINE OF SAID EAST 16.00 FEET,NOl°12-45"E A DISTANCE OF 11.81 FEET TO THE POINT OF BEGINNING; THENCE,CONTINUING ALONG SAID EASTERLY LINE,NO]°12-45"E A DISTANCE OF 15.00 FEET; THENCE,LEAVING SAID EASTERLY LINE,N89°17-39"W A DISTANCE OF 16.00 FEET TO THE WESTERLY LINE OF SAID EAST 16.00 FEET; THENCE,ALONG SAID WESTERLY LINE,SOl°12-45"W A DISTANCE OF 15.00 FEET; THENCE,LEAVING SAID WESTERLY LINE,S89-17'39"E A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING. CONTAINING 240 SQUARE FEET,MORE OR LESS. -)d.. 14). FL301 Legal Doc John W.Doodman 00712M Instrument Number: 20191211000535 Document:EAS Rec: $fM!§6'Gage2; Record Date:12111/2619 12:20 PM King County, WA FEE TAKE AND TEMPORARY CONSTRUCTION EASEMENT E 112 SW 114 AND W 112 SE 1/4 SEC 28.T 22 N,R 4 E,W.M. w N88°01'49'W 661.39' F1114111�W0131,00' S1�W1/ZNw114SE114 L1 S88'50'30"E 164.58' rn Q REC NO.6262173;16'ELECTRIC ESMT 1 L2 S87'36'54"E 16.00' ry O REC NO.8009120857;3D'SEWER ESMT L3 S87'45.20'E 132.66' ^Ij L4 S87'45'20'E 182.62' 0 REC NO.8602270804&8603280852; � Lb S88'40'34'E 164.67` VU10'SEWER ESMT it L6 SOVt3'S9•W 40.46' c 4Q REC N0.800319042D;7'ELECTRIC ESMT 11L7 SOf'1245'W 11.34" Vs S 5O REC NO.7910030605;WALL AND ROCKERY vi L.8 SOS'1245"W 15.00' a ESMT TO KING COUNTY L9 N07'12'45•E 15.00' 00 N01.12'46"E 11.81' ©REC NO.7910030607;SLOPE ESMT TO 1` KING COUNTY . WS SEC170M l.WE S 268TH ST•T— SW 3112•E 331.22'r ITI (VACATED) �L�A��G 5 y0�tiq , y0(SO I yp�y4 � �0(�'ti � �- 17 m ��;�¢E' z I I VL Ex CITY 5 ' RIW c ii i L2 h% 64 AF'm I ii p I NN VO M VO v0 v , VO s v "• T EX CITY RAN � � I a ----— 2 + I SEE DETAIL A a- 2a•- .__�•', _ S 272N0 ST L7 27 D ST- Sa7.36's4 E - - �� �-- DETAIL A 1"=20• — �LIGHT RAIL TRANSIT WAY STREET RIGHTAF-WAY LINE 150 75 0 150 300 NAD 83(2011) - STREET CENTER LINE --—--��-------- PLATTED LOT LINE � ———----— PROPERTY LINE PARENT PARCEL SCALE IN FEET FEE TAKE LINE -- -- — — -- EASEMENT LINE PERMANENT - ----------- EASEMENT LINE TEMPORARY =' NOTE: PARCEL AREA IS TAKEN FROM FEE TAKE TEMPI CONSTESMT COUNTY ASSESSOR RECORDS., PARCELAREA• 1,174,6545E CONSTESMT', 2dt3Sf �M ROM 3N,V.G,004 FEE TAKE AREA: 168 SF ya qF W REMAINING AREA;1,174,488 SF SouNoTRAwff c� .. x EXHIBIT"C" �"J� o RfW NO.FL-301 PARCEL MAP r RgDI 0-51 ASSESSOR NO: 2OU049017 DATE: OW2712018 -�I LIN&ASSOCIATES - skit LAN4 OWNER:CITY OFKENT BLOCK No.: N/A LOT Na, N/A LINK LIGHT RAIL TRANSIT SYSTEM CITY OF KENT KING COUNTY,WA Instrument Number: 20191211000534 Document:QCD Rec: M1°('��W age Record Date:12/11/2019 12:20 PM King County, WA WHEN RECORDED RETURN TO: Name:—�%, -TR Address: '40t S, If4r"W St City,State,Zip WAatf Q CWcagoTide Insurance Company 701 5th Avenue,Suite 3400,Seattle,Washington 95104 LPB No. 12 QUIT CLAIM DEED THE GRANTOR,City of Kent,a municipal corporation,for and in consideration of Three-hundred and No/100ths dollars($300.00)conveys and quit claims to the Central Puget Sound Regional Transit Authority,a regional transit authority organized under the laws of the State of Washington,all interest in the following described real estate,situated in the County of King,State of Washington,together with all after acquired title of the grantor(s)herein: THAT PORTION OF THE EAST 16.00 FEET OF THE WEST 33.00 FEET OF LOT 45,SECOMA HI-WAY TRACTS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 37 OF PLATS,PAGE 42, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID EAST 16.00 FEET; THENCE,ALONG THE EASTERLY LINE OF SAID EAST 16.00 FEET,N01°12-45"E A DISTANCE OF 11.81 FEET; THENCE,LEAVING SAID EASTERLY LINE,N89`17-39"W A DISTANCE OF 16.00 FEET TO THE WESTERLY LINE OF SAID EAST 16.00 FEET: THENCE,ALONG SAID WESTERLY LINE,SO]°I2-45"W A DISTANCE OF 11.34 FEET TO THE SOUTHWEST CORNER OF SAID EAST 16.00 FEET; THENCE, ALONG THE SOUTHERLY LINE OF SAID EAST 16,00 FEET,S87°36,54"E A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING. CONTAINING 186 SQUARE FEET,MORE OR LESS, Tax Account Number:282204-9017-00 DATED: City of Kent 1 [li C' Print NOD QMWkk 1011� STATE OF WASHINGTON ) ss. cOuNTY Or 1 On this day of AM/.before me,lhe undersl ed, n ary hlic' d for the State of Washington,duly commissioned and swum,personally appealed 4 known in ace to be the i it tlunKs)described in and who executed the withht insttummt and acknowledged th d and sealed the sam as fee d voluntary act and deed,for the uses and purposes herein mentioned. a `����1\�Illlttff Printed Name: N�" Notary PuLlic i ddor thq of W hingian = Y� vResiding My appointment expires 20191211000534.001 Instrument Number: 20191211000534 Document:QCD Rec: $104.50 Page- Record Date:12/11/2019 12:20 PINI Icing County, WA d 'Y CF-IICAC �� ���� IIIIIIIIIi���IIiIIIIIIIII�tIIIIIIIIIiIIR�ll�llllilll�ll� RED# tD^°G ; 20191211000534 WHEN RECORDED RETURN TO: i QUITCLAIM DEED Rac:$104,50 121111201912:20 PIN KING COUNTY,WA Sound Transit _ 1 Real Property Division I 401 S.Jackson St.,1WS O4N-4 10024900 Seattle,WA 98104-2826 rzXCISE 7A7t AF1 lDAV1 i9 1211112a1912:20 PM KING COUNTY-WA i j Tax Amount:510.00 f � 13 �— -- Chicago Title Insurance Company 701 5th Avenue—Suite 2700-Seattle,Washington 98104 DOCUMENT TITLE(S) QUIT CLAIM DEED GRANTOR: 1.City of Kent GRANTEE: 1. Central Puget Sound Regional Transit Authority ABBREVIATED LEGAL DESCRIPTION: Ptn Lot 45,Secoma Hi-Way Tracts,Vol.37 Plats pg 42 ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS: 282204-9017 REFERENCED DOCUMENTS: n/a i](Check if applicable and sign below) I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature j This cover sheet Is for the County Recorder's Indexing purposes only. The Recorder will rely on the information J provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. Agreement Routing Form KEN T For Approvals, Signatures and Records Management WASHINOTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator. Cheryl Rolcik-Wilcox Department: Public Works Date Sent. 10/2/19 Date Required: 10/7/19 o Authorized Director or Designee Date of a to Sign: Council 10/1/19 IL Mayor Approval: Budget Grant? Yes No Account Number: Type: N/A Vendor 9 o Name: Central Puget Sound Regional Transit Auth Cate ry Other = Vendor Sub-Cate o o Number: g ry Other EProject Sound Transit Property Purchase from Kent L Name: 0 e Project Z Details: c - E Agreement 300 Basis for d Amount: Selection of L Contractor: a Start Date. Termination Date: Notice required prior to Yes No Contract Number: disclosure? Dote,Re�eiv d byy�Cit Attorney: Comments: - v IUus�' 51E Mores= N F\EN LAW D RECEIVED ,+ Date Routed to the Mayor's Office: air Date Rou ed to the City Cler 's Office: City of Kent Date Sent to Originator: ice-of the Mayor Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19