HomeMy WebLinkAboutCAG2023-023 - Original - Central Puget Sound Regional Transit Authority - Temporary Construction Easement for Sound Transit Kent Station Improvements - 02/01/2023CAG2023-023
1/17/23
1/13/23
1/10/23
Original
3/7 - pulled recorded version from K.C.
website- M.M.
317/23, 12:34 PM Landmark Web Official Records Search
Instrument Number: 20230216000370 Document:EAS Rec: $209.50 Page-1 of 7
Record Date:2/16/2023 2:04 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY JAMES JUN, DEPUTY
WHEN RECORDED RETURN TO:
Sound Transit
Real Property Division
401 S. Jackson Street
Seattle, WA 98104-2826
TEMPORARY CONSTRUCTION EASEMENT (STAGING AND LONG-TERM GENERAL
CONSTRUCTION)
Grantor(s): City of Kent, a municipality
Grantee: Central Puget Sound Regional Transit Authority
Abbreviated Legal Description: Lot 18, Block 16, Volume 3 of Plats, Page 97
Assessor's Tax Parcel No(s): 9179601490
ROW No(s): KST126
City of Kent, a municipality , ("Grantor"), is the owner of real property located in the City
of Kent commonly known as 226 Railroad Avenue S., Kent WA 98032, and more particularly
described in the legal description attached as Exhibit "A", 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 Commuter Rail system. Grantee is constructing a
portion of the Commuter Rail system called the Kent Station Improvements ("Project").
Grantee desires to use a certain portion of the Property in connection with the construction,
operation and maintenance of the Commuter 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", and depicted in Exhibit "C", ("Easement
Area").
2. Purpose of Easement. Grantee, its contractors, agents, and permittees may use
the Easement Area, including entry into private improvements located in the Easement Area, for
the purpose of staging and construction (which may include, but not be limited to: staging and
construction of the guideways, station, drainage, garage, parking, signal house, retaining walls,
crane foundation and tower; street connections, utilities, utility connections; to re -grade slopes
and make cuts and fills to match new driveways, parking lot areas, street grade, sidewalks,
retaining walls; and parking lot reconstruction). When deemed necessary by Grantee for staging
or construction, 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.
ROW 9 KST126 Temporary Construction Easement -Staging -long Term
Form approved by Civil 10/06/17
Form approved by Legal 7116)19
Last saved by James Chung on 7119119
Page 1 of 4
CHICAGO TITLE INSURANCE COMPANYHAS PLACED THE DOCUMENT OF
RECORD AS A CUSTOMER COU RTESYAND ACCEPTS NO LIABILITY FOR THE
ACCURACY OR VALIDITY OF THE DOCUMENT.
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Instrument Number: 20230216000370 Document:EAS Rec: 5209.50 Page-2 of 7
Record Date:2/16/2023 2:04 PM King County, WA
Grantee shall be entitled to apply to public authorities having jurisdiction for any
and all permits necessary for the purposes described herein. Grantee shall be responsible for all
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 sanitary condition.
4. Term of Easement. The term of the Easement (the "Term") shall commence upon
the earlier of (a) mutual execution of this agreement; (b) the date possession and use of the
Easement is conveyed to Grantee; or (c) the date the Easement is awarded by decree to Grantee.
During 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 Twenty
Four (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, 2025 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 Three (3) months.
5. Payment for Easement Grantee will pay Grantor Five Thousand Two Hundred
and 001100ths Dollars ($5,200.00) upon recording of this Easement. If Grantee requires
additional exclusive use past the Construction Period, as provided for in Section 4, Grantee will
pay Two Hundred and 001100ths Dollars ($200.00) per 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.
B. Insurance. During the Term of this Easement, 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. Legal Proceedings. 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.
ROM: KST126 Temporary Construction Easement -Staging -Long Term
Form approved by Civil 10/0e/17
Form approved by Legal 7116119
Last saved by James Chung on 7119/19
Page 2 of 4
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3/7/23, 12:34 PM Landmark Web Official Records Search
Instrument Number: 20230216000370 Document:EAS Rec: $209.50 Page-3 of 7
Record Date:2/16/2023 2:04 PM King County, WA
10. Condemnation. This Easement is granted under the threat of condemnation.
11. Recording. Grantee will record this Easement in the real property records of King
County, Washington. 1(
Dated and signed this `v day of 20Z�5
Day Month Year
Granntto�rr City of Kent, a municipality
By: �./l , 0-�if
Its:
STATE OF WASHINGTON }
}SS.
COUNTY OF KING }
I certify that I know or have satisfacspry evidence that _ and
_Dare) the persons) who appeared before me, and said
person(s) acknowledged that (he!(�e hey) signed this instrument, on oath stated that (he i are
is Ithey ) . auth rized to execute the instrument and acknowledged it as lti .
and of
--fho C-'.i f,l A on to be the free and voluntary act of such
party for the uses rand purposes mentioned in this instrument.
0 V
i
120137 £
y
0-0s-
Jlllt,OF WA���`
ROW #: KST126
Dated: t VAVIt"VV If l /
Signature: R 11 6'_ A
Notary Public in and forlIge State of
Notary (print name):
Residing at i
My appointment expires: Q(P E
Temporary Construction Easement -Staging -Long Term
Form approved by Civil 10106/17
Form approved by Legal 7116119
Last saved by James Chung on 7/19/19
Page 3 of 4
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Instrument Number: 20230216000370 Document:EAS Rec: S209.50 Page-4 of 7
Record Date:2/16/2023 2:04 PAI King County, WA
Dated and signed on this _ 1 day of February 20 23
Day Menth Year
Grantee: Central Puget Sound Regional Transit Authority
By:hel� Rom:
Its: __ Actin De uty Executive Director
STATE OF WASHINGTON }
} SS.
COUNTY OF KING }
I certify that I know or have satisfactory evidence that Michelle Reuss
is the person who appeared before me, and said person
acknowledged that she signed this instrument, on oath stated that she is authorized
to execute the instrument and acknowledged it as the
Acting Deputy Executive Director of CENTRAL PUGET
SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
ELIZABETH ELLIS
NOTARY PUBLIC STATE OF WASHINGTON
Commission # 178342
My commission Expires May 20, 2026
Votarial act performed by audio-visual communication
Dated: 02/01/2023
Signature: fir`
Notary Public in and for the State of Washington
Notary (print name): Elizabeth Ellis
Residing at: Mukilteo, Washington
My appointment expires: 05/2012026
ROW#: KST126 Temporary Construction Easement -Staging -Long Term
Form approved by Civil ID106/17
Form approved by Legal 7116119
Last saved by James Chung on 7/19119
Page 4 of 4
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Instrument Number: 20230216000370 Document:EAS Rec: $209.50 Page-5 of 7
Record Date:2/16/2023 2:04 PM King County, WA
EXHIBIT "A"
KST No. 126
PIN 9179601490
CITY OF KENT
Grantor's Parcel:
LOT 18, BLOCK 16, WASHINGTON CENTRAL IMPROVEMENT COMPANY'S FIRST ADDITION TO
KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 97, IN KING
COUNTY, WASHINGTON.
z-9- ?.flzo
KST 126 Legal.docx Eileen Forester, PLS 2&2020
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Instrument Number: 20230216000370 Document:EAS Rec: $209.50 Page-6 of 7
Record Date:2/16/2023 2:04 PM King County, WA
EXHIBIT"B"
KST No. 126
PIN 9179601490
CITY OF KENT
Temporary Construction Easement Area:
THAT PORTION OF THE GRANTOR'S PARCEL (SAID PARCEL BEING DESCRIBED IN EXHIBIT "A")
DESCRIBED AS FOLLOWS:
THE WEST 35.00 FEET OF GRANTOR'S PARCEL.
CONTAINING: 1050 SQUARE FEET, MORE OR LESS
'�� 2— 4- 24.7,0
KST 126 Legal.do" Eileen Forrester, PIS 2/9/2020
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Instrument Number: 20230216000370 Document:EAS Rec: $209.50 Page-7 of 7
Record Date:2/16/2023 2:04 PM King County, WA
TEMPORARY CONSTRUCTION EASEM
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LEGEND
RIGHT-OF-WAY LINE
— — — — — — EASEMENT LINE PERMANENT
EASEMENT LINE TEMPORARY
EXISTING RIGHT-OF-WAY LINE
STREET CENTER LINE
— — — — — — PLATTED LOT LINE
— — — — — PROPERTY LINE
PARENT PARCEL
TEMP CONST ESMT
15 75 0 15 30 NAD 83 (2011)
SCALE IN FEET 0
NOTE: PARCEL AREA IS TAKEN FROM
COUNTY ASSESSOR RECORDS.
SHEET 1 OF 1
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PARCEL AREA: 3600 SF
TEMP CONST
ESMT. 1050 SF
EXHIBIT "C"
R/W NO. KST-126 PARCEL MAP
CDM Smith
TA�'°,�.,
PiRTH
ASSESSOR NO.: 917960149D DATE: 21OW020
OWNER: CITY OFKENT
BLOCK NO.; 16 LOT NO.: 18
CITY OF KENT KING COUNTY, WA
KENT srATroN
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