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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. https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceI Id&quickSearchSelection=# 1 /7 3/7/23, 12:34 PM Landmark Web Official Records Search 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 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceIld&quickSearchSelection=# 2/7 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 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 3/7 3/7/23, 12:34 PM Landmark Web Official Records Search 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 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceIld&quickSearchSelection=# 4/7 3/7/23, 12:34 PM Landmark Web Official Records Search 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 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 5/7 3/7/23, 12:34 PM Landmark Web Official Records Search 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 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 6/7 3/7/23, 12:34 PM Landmark Web Official Records Search 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 NE 1/4 NE 114 SEC 24, T 22 N, R 4 E, W.M. SANWSTREET CEAIERUNE— _ NO RECORDED VACATION_ Z N 89`41-16- E 119.8? ur— n�Tlw Sidewalk Grass OTla e L ` I N W-TTT57 w 1 CB Cone Pad 16� I.rtCO. o O CB �.x _ D fl B. w I jal (I T TO w . Aspf C�".. Lp. yyP 15T 9 J _ __--_ Building T o z t�1i a Q m 16' I T 16 Z- I;0 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 M SO SOIR • • 6 Sf M. .f 1!• Hj x. ai s1a53 °JI ts[FS&q 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 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 7/7