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HomeMy WebLinkAboutCAG2023-047 - Original - Central Puget Sound Regional Transit Authority - Sound Transit Federal Way Link Extension: Temporary Construction Easement (TCE) - 02/02/2023 Agreement Routing Form KENT For Approvals,signatures and Records Management W4SI IN CTON 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: 1 /3/2 1/27/23 Date Required: 1 1/g./2_1 1/27/23 C Authorized Director or Designee Date of 11/2J21 p, to Sign: Council 9 Mayor Approval: Budget Grant? Yes � No Account Number. Type: N/A Vendor Central Puget Sound Reg. Transit Auth. Category., Contract 9 ry� Name: c Vendor Sub-Category Original p Number. aProject Sound Transit Federal Way Link Extension Name: = Project Temporary Construction Easement Z Details: E Agreement $1,000 to be pd to City Basis for Selection of ar Amount: Contractor. vs -- — — a Start Date: Upon Execution Termination Date: 6/30/2025 Notice required prior to 1:1Yes No Contract Number: disclosure? IC 4 Date Received by City Attorney: Comments: tm This TCE and related-documentation was signed = in 2021,but Sound Transit lost the originals and ohave asked that the Mayor re-sign. Mayor Ralph-Please sign&have your signature 3 notarized on TCE and sign the top right of the R Payment Request. Tx! Cheryl R-W Date Routed to the Mayor's Office: 2/2/23 in d Date Routed to the City Clerk's Office: °C Date sent to originator. 3123123 - pulled recorded version from KC website. M.M. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 Instrument Number:20230309000512 Document:EAS Rec:$209.50 Page-1 of 7 Record Date:3/9/2023 2:11 PM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY SOKHOM IM,DEPUTY WHEN RECORDED RETURN TO: Sound Transit Real Property Division 401 S.Jackson Street Seattle,WA 98104-2826 CHICAGO TITLE INSURANCE COMPANY has placed the document of record as a customer courtesy and accepts no liability for the accuracy or validity of the document. 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: PTN NW1/4 SE1/4 STR 28-22-4; 8r TRACTS 21-22, 29-32, 47&PTN TRACT 45,SECOMA HI-WAY TRACTS,VOL 37, PG 42 Assessor's Tax Parcel No(s): 282204-9011 ROW No(s): FL301.01 `CITY OF KENT,a municipal corporation,("Grantor'),is the owner of real property located in the City of Kent Tax Parcel No. 282204-9017, 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 Link light 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 raij 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 non-exclusive temporary construction easement("Easement")within,over,across,through,under,and upon the portion of the Property, more particularly described in the attached Exhibit"B"J, 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 is not 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 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). ROW#:FL301.01 Temporary Construction Easement-Short Term-General Form approved by Civil 10/06/17 Last saved by,James Chung on 7/19119 Page 1 of 4 Instrument Number:20230309000512 Document:EAS Rec:$209.50 Page-2 of 7 Record Date:3/9/2023 2:11 PM King County,WA During the Term and any extension thereof pursuant to Section 4,below,Grantor shall not unreasonably interfere with Grantee's use of the Property,including the Easement Area, pursuant to the terms of this Easement. 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. 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 the use of the Easement Area for the performance of Grantee's Work for a period of ;twenty-four (241) consecutive months (the "Construction Period"). The Easement will remain in effect until,June 30,2025 or until completion of restoration of the Easement Area, if any, as provided for in Section 3 of this Easement, whichever occurs first.Within 30 days of completing its work within the Easement Area,Grantee shall advise Grantor of the date when the Construction Period ended.Grantee may,at its option, extend the Term, including the Construction Period,for up to an additional six(6)months upon written notice to, and agreement by, Grantor, which agreement shall not be unreasonably withheld. 5. Payment for Easement.Grantee will pay Grantor One Thousand and 00/100ths Dollars($1,000.00)upon recording of this Easement.If Grantee requires additional exclusive use past the Construction Period,as provided for in Section 4,Granteewill pay Three and 001100ths Dollars($3.00,)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 underthis 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.Tothe 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. 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. ROW#:FL301.01 Temporary Construction Easement-Short Tenn-General Form approved by Civil 10/06/17 Last saved by James Chung on 7119/19 Page 2 of 4 Instrument Number:20230309000512 Document:EAS Rec:$209.50 Page-3 of 7 Record Date:3/9/2023 2:11 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 jKingl County,Washington. Dated and signed this j day of_ 20 23. Day Mo th Year Grantor:CITY OF KENT,a municipal corporation By 's5loAr lot zz Its: 22000143 STATE OF WASHINGTON }Ss. COUNTY OF King } I certify that I know or have satisfactory evidence that and is/ re) the person(s) who appeared before, and said ,�e-�rson(s)acknowledged that(h she ey)signed this instrument,on oath stated that(he is he l.�/they are) authorized to execute the instrument and acknowledged it as t e M and of 'Me C;+ n F tce ya+ to be the free and voluntary act of such party for the Uses and purposes mentioned in this instrument. Dated: ( �n� � na3 Signature: _r IY1G�eS1p.� Notary Public in and for the State of Washington Notary(print name): Me;5 a D.weapon Residing at:_(e)Ca%aahnT.) 64 via fzAn My appointment expires:`D1 a�2a�S Dated and signed on this 27 day of February 20 23 Day Month Year f2mntee,:_Sr-eritraLRAtuet..9a=cLRe9iori.al.Imsit Authority ROW#:FL301.011 Temporary Construction Easement-Short Tenn-General Form approved by Civil 10/06/17 Last saved by James Chung on 7/19119 Page 3 of 4 Instrument Number:20230309000512 Document:EAS Rec:$209.50 Page-4 of 7 Record Date:3/9/2023 2:11 PM King County,WA By. MrekeUeReuss Its: Acting Deputy Executive Director,DECM �I I Approved as to Form By:NafI&A Sound Transit Legal Counsel 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(he/she)signed this instrument,on oath stated that(he is/she is)authorized to execute the instrument and acknowledged it as the aetlg n�puty Executive Director.DECM 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. Dated: __ ov2�i2o23 ELIZABETH ELLIS NOTARY PUBLIC STATE OF WASHINGTON Signature: t Commission#178342 My Commission Expires May 20,2026 Notary Public in and for the State of Washington Notary(print name): Elizabeth Ellis Residing at: Kirkland,Washington My appointment expires: 05/20/2026 Noladal act performed by audio-visual communication ROW#:FL301.01 Temporary Construction Easement Short Term-General Form approved by Civil 10/06/17 Last saved by James Chung on 7119119 Page 4 of 4 Instrument Number:20230309000512 Document:EAS Rec:$209.50 Page-5 of 7 Record Date:3/9/2023 2:11 PM King County,WA EXHIBIT"A" R/W No.FL301.01 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 IN 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. EXCEPT THAT PORTION OF THE EAST 16 FEET OF THE WEST 33 FEET OF SAID TRACT 45 CONVEYED TO THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY BY DEED RECORDED UNDER RECORDING NUMBER 20191211000534 IN KING COUNTY,WASHINGTON. SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. w ""Sx r F4 P p 41277 �ISTEg� 0 t LAB 5 FL301.01 Legal.Doc Jonathan M.Becker,P.LS. 03/2P12021 Instrument Number:20230309000512 Document:EAS Rec:$209.50 Page-6 of 7 Record Date:3/9/2023 2:11 PM King County,WA i EXHIBIT"B" R/W No.FL301.01 PIN 2822049017 CITY OF KENT,A MUNICIPAL CORPORATION Temporary Construction Easement: 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 EAST LINE OF SAID EAST 16.00 FEET,NO1"12'45"E A DISTANCE OF 26.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE,NOlol2'45"E A DISTANCE OF 46.42 FEET; THENCE LEAVING SAID EAST LINE,N89"17'02"W A DISTANCE OF 16.00 FEET TO THE WEST LINE OF SAID EAST 16.00 FEET; THENCE ALONG SAID WEST LINE,SO1°I2'45"W A DISTANCE OF 46.43 FEET; THENCE LEAVING SAID WEST LINE,S89017'39"E A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING. CONTAINING 743 SQUARE FEET,MORE OR LESS. Fe a alzn � a ISTE4� 0 L LSD FL301.01 Legal.Doc Jonathan M.Becker,P.L.S. 03/2 212 02 1 n Instrument Number:20230309000512 Document:EAS Rec:$209.50 Page-7 of 7 Record Date:3/9/2023 2:11 PM King County,WA TEMPORARY CONSTRUCTION EASEMENT E1/2SW1/4 AND W112SE1/4 SEC 28,T22N,R4E,W.M. N88°01'49"W 661.39' O REC NO.6262173;16'ELECTRIC ESMT � FN88-1048"W O2 REC NO.8009120857;30'SEWER ESMT S112 W112 NW 114 SE 114L1 N88°50'30'W 164.58, Q REC NO.8602270804&8603280852, L2 N87°36'54.''W 16.00' 10'SEWER ESMT L3 N87°45'20"W 132.66' Q REC NO.7910030607;SLOPE ESMT TO L4 N87°45'20"W 182.62' N KING COUNTY W L5 N88°40'34"W 164.67'L6 N01°13'59"E 40AULU L7 N01°12'45"E 11.3,V O L8 N01°12'45"E 15.00' Lll MW L9 N01°12'45"E 15.00' -- -- LU L10 N01°12'45"E 11.81, o Lll N89°17'02"W 16.00' z z I' L12 N89°17'39"W 16.00, - M L13 N87°36'54"W 16.00' o 1H 6 SECTION LINE S 268TH ST N87°53'32'W 331.22' (VACATED) N N I�Py I z c /� z---- w rj rp t_V 5 V IL Ol �O bh � 17' z %0 vOS I y0 �0� z L12 � 1 J L5 L4 ,L3 — �/- L13 �- 4 n M O L2 W 'C!1 �Q6 w w '(�� �0 y0 in VO v vNo \10 - W CITY R/W EX z z _a o > Z z m M 3 _ 1 m 2 �m 4 SEE - DETAILA ze S 272ND ST L1 272ND ST- N87°36'54"W 33 I- --'^_ DETAIL 1"=20' LEGEND STREET RIGHT-OF-WAY LINE 150 75 0 150 300 NAD 83(2011) STREET CENTER LINE O —————— PLATTED LOT LINE N ————— PROPERTY LINE PARENT PARCEL SCALE IN FEET FEE TAKE LINE — — — — — — EASEMENT LINE PERMANENT -- EASEMENT LINE TEMPORARY NOTE: PARCEL AREA IS TAKEN FROM TEMP CONST ESMT COUNTY ASSESSOR RECORDS. PARCEL AREA: 1,174,654 SF 0 SIR CONST ESMT: 743 SF so "IT ye EXHIBIT"C" RM/NO.FL-301.01 PARCEL MAP AESSOR NO.: 2822049017 DATE: 03/22/2021 MENFURTADO 6 �o��y •Pyt.C1 TS'g� SSOWNER:CITY OF KENT ASSOCIATES 70HAL LA1m 5 BLOCK NO.: NIA LOT NO.: NIA LINK LIGHT RAIL TRANSIT SYSTEM CITY OF KENT KING COUNTY,WA FL301 .01 TCE Final Final Audit Report 2021-10-12 Created: 2021-10-12 By: Susan Guthrie(suemg10@hotmail.com) Status: Signed Transaction ID: CBJCHBCAABAA5DTVnjX9xW_EA66Y7DMtDlgK196XOORY 71-301 .01 TCE Final" History Document created by Susan Guthrie (suemg10@hotmail.com) 2021-10-12-6:37:01 PM GMT-IP address:76.28.144.160 Document emailed to Natalie Moore(natalie.moore@soundtransit.org)for signature 2021-10-12-6:37:41 PM GMT Email viewed by Natalie Moore (natal ie.moore@soundtransit.org) 2021-10-12-6:41:43 PM GMT-IP address:104.47.58.254 t Document e-signed by Natalie Moore(natalie.moore@soundtransit.org) Signature Date:2021-10-12-6:43:19 PM GMT-Time Source:server-IP address:50.125.86.220 Q Agreement completed. 2021-10-12-6:43:19 PM GMT Q Adobe Sign r � �OUNDTRANSIT Payment Request Sound Transit Displaced Person(s)or I hereby certify that the items and amounts listed herein Claimant(s)• are proper charges against Sound Transit. That the same Union Station and any part thereof has non paid and that 1 am authorized to sign for th claim t. 401 S. Jackson St. City of Kent Seattle, WA 98104- 220 Fourth Avenue South 2826 Kent, WA 98032 Signature Mayort74-1(ph . Date Cheryl Rolcik-Wilcox 425-444-0190 Signature Date PROJECT: Federal Way Link Extension RW#: FL301.01 Parcel#: 282204-9017 ❑ Make Warrant Payable To (if different than name noted above): ❑ Remit Warrant To (if different than above): ❑ Hold Warrant for Pick-Up and Delivery By Authorized Right of Way Agent For Temporary Construction Easement: 743 Square Feet $1,000.00 JUST COMPENSATION $1,000.00 Administrative Settlement: $ FINAL SETTLEMENT: $1,000.00 Professional Fees (Acquisition): $ Other Items: $ SUBTOTAL: $1,000.00 *Agency Minimum AMOUNT TO BE PAID: $1,000.00* Right-of-Way Agent: Trish Howard Signature: Date: Approved for Payment: Real Property Project Manager Signature: Date: Approved for Payment: Real Property Deputy Director(up to$200K) or Real Property Director($200K- $300K) Signature: Date: Approved for Payment: Deputy Executive Director, Business & Construction Services Signature: Date: Revised 5/31/2019 Chung