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.
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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.
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FL301.01 Legal.Doc Jonathan M.Becker,P.L.S. 03/2 212 02 1
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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
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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