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HomeMy WebLinkAbout2012 - Temporary Construction Easement - Central Puget Sound Regional Transit Authority - 20121204001779 CONFORMED COPY 20121204001779 SOUND TRANSIT EAS 77.00 When Recorded Return to: PAGE-001 OF 006 12/04/2012 14:18 Sound Transit Real Property Division 401 S.Jackson Street,M/S 04N-4 Seattle,WA 98104-2826 TEMPORARY CONSTRUCTION EASEMENT Grantor(s): City of Tukwila, an optional municipal code city and municipal corporation Grantee: Central Puget Sound Regional Transit Authority,a regional transit authority of the State of Washington Abbreviated Legal Description:Parcel 2,City-of Tukwila Boundary Line Adjustment recorded under recording Number 20071011900001 Assessor's Property Tax Parcel Account Number:242304-9034 Reference Numbers of Documents Assigned or Released,if applicable:N/A THIS INSTRUMENT is made this . 1 day of QC-F-ob . , 2012, by and between, the CITY OF TUKWILA, an optional municipal code city and municipal corporation hereinafter called the "Grantor", and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority of the State of Washington,hereinafter called the"Grantee". WITNESSETH: The City of Tukwila,(the"Grantor")is the owner of real property located in the City of Tukwila commonly known as a vacant lot located at Longacres Way in Tukwila,WA, and more particularly described in the legal description attached as Exhibit A(the"Property"). 1. Grant of Easement.The Grantor,for and in consideration of the public good and other valuable consideration,does by these presents,convey and warrant unto the Grantee a temporary construction easement(the"Easement")for access over,through,across and upon the portion of the Property depicted in Exhibit B(the"Easement Area")situated in the County of King, State of Washington, for construction of public improvements with necessary Page 1 of 4 R/W#TKWA025 Form 21-Legal Approved on 11/2011 appurtenances,including placement of public and private utilities and construction of adjacent commuter rail station, within the adjoining public right of way. Grantee is authorized to purchase real property and real property interests under the provisions of RCW 81.112.080, and has the right of eminent domain under the provisions of RCW 81.112.030. By its Resolution No.:R2011-20, Grantee's Board of Directors authorized acquisition of the real property interests by negotiation or by exercise of eminent domain. 2. Purpose of Easement. The Grantee, its contractors, agents, and permittees, shall have the right at such times as may be necessary, to enter upon the Easement Area, including entry into private improvements located in the Easement Area for the purpose of constructing of a storm drain. Grantee shall have the right to re-grade slopes and/or make cuts and fills to match new driveways, parking lot area, street grade and construct sidewalks and retaining walls. Grantee will secure all necessary permits for all related work. Grantee shall have the right to fence all or a portion of the Easement Area from time to time during the Term. Grantee's right to use the Easement Area shall be exclusive at such times and for such durations, as Grantee's construction requires, in Grantee's discretion. At all other times, Grantee's right to use the Easement Area shall be non-exclusive In the event Grantee's utility connection work requires access to portions of the Property in addition to that depicted in Exhibit B, Grantee shall have the right to enter into such additional property for the purpose of reconnecting utilities that serve the Property and such entry shall be governed by the terms of this Easement. In the event private improvements in the Easement Area are disturbed or damaged by Grantee's use of the Easement,on or before the end of the Term,they shall be replaced with a paved surface,a gravel surface,a hydro-seeded surface,or a combination thereof.Disturbed or damaged fences shall be replaced with chain-link or wood fence. During the Term, Grantee may on an interim basis, restore the Easement Area to a reasonably safe and convenient condition. 3. Grantor's Right to Use Easement Area. Except for those times when Grantee is making exclusive use of the Easement Area,the Grantor shall retain the right to use and enjoy the Easement Area,including the right to use existing private improvements located in the Easement Area so long as such use does not interfere with Grantee's construction of the public improvements described in this Easement. 4. Indemnification. Grantee shall defend,indemnify and hold the Grantor,its officers,officials,employees and volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees,arising out of or in any way related to Grantee's entrance upon and/or use of the Easement or Grantor's Property, or Grantee's acts or omissions under this Easement Agreement,except for injuries and damages caused by the negligence of the City. The Grantee's obligations in this section shall survive any termination or expiration of this Easement Agreement. Page 2 of 4 R/W#TKWA025 Form 21-Legal Approved on 11/2011 5. Term of Easement. The term of this Easement shall commence upon initiation of Grantee's construction within the easement area,but no sooner than September 1, 2012,and shall remain in force for twelve(12)months(the"Term")or until completion of construction and restoration of the property,whichever occurs first. Grantee shall provide fourteen(14)days written notice to the Grantor prior to commencement of construction. This Easement may be extended unilaterally by the Grantee past the initial term for up to twelve (12)months at the monthly rate identified in Paragraph 5 below. 6. Payment for Easement. Grantee shall pay Grantor Six Hundred and 00/100ths Dollars($600.00)upon recording of this Easement for the twelve(12)month Term. If the Grantee requires additional use past the Term,the Grantee shall pay Fifty and 00/100ths Dollars ($50.00) per month for each month, or portion of a month, that Grantee uses the Easement Area for the purposes described in Paragraph 2. 7. Binding Effect. The Easement granted hereby is solely for the benefit of Grantee, and is personal to Grantee, its successors in interest and assigns.Grantee shall have the right to permit third parties to enter upon the Easement Area to accomplish the purposes described herein, provided that all such parties abide by the terms of this Easement. The Easement granted hereby, and the duties, restrictions, limitations and obligations herein created, shall run with the land, shall burden the Property and shall be binding upon and the Grantor and its respective successors,assigns,mortgagees and sublessees and each and every person who shall at any time have a fee,leasehold,mortgage or other interest in any part of the Easement Area.This Easement is granted under the threat of condemnation. 8. Recording. This Easement shall be recorded in the real property records of King County,Washington. h `�,, Dated and signed this oILa day of OP b ,2012. Grantor:City of Tukwila,an optional m icipal code city and municipal corporation By: 6 • R f Its: Page 3 of 4 R/W#TKWA025 Form 21-Legal Approved on 11/2011 • STATE OF WASHINGTON : ss. County of King I certify that I know or have satisfactory evidence that 3-t m Oa @archon and tare)the person(s)who appeared before me,and said person(s) acknowledged that she/they)signed this instrument,on oath stated that is/she is/they are)authorized to execute the instrument and acknowledged it as the A...4 f eT and of (s4(4 7 AKtoi16 . J to be the free and voluntary act of such party for the uses an *poses mentioned in this instrument. ffff (Signature) ;`�9�ON teka�q, )` (Please print name legibly) /1/L.* 01 - 9NNQ %y _• 2 NOTARY PUBLIC in and for the State of n„ . =ti Washington,residing ati''akw iA, '•,, 'v My commission expires: 1(/0//c2 OF 0\ Page 4 of 4 R/W#TKWA025 Form 21-Legal Approved on 11/2011 Exhibit A Tract-X(Tax Account Number 242304-9034): The east 100.00 feet of Lots 1 and 2 of City of Tukwila short plat no.L98-0007 as filed under King County recording number 9803129013,records of King County,Washington; TOGETHER with the east 100.00 feet of the following described parcel: That portion of the Henry Meader Donation Claim No.46 and of Section 24,Township 23 North, Range 4 East,WM.in King County,Washington,lying west of the Burlington Northern Railroad right- of-way,east of the Union Pacific Railroad right-of-way,and south of a line 137 feet south of the north line of said Donation Claim and north of the easterly prolongation of the monumented centerline of South 158th Street. Subject to easements and conditions of record. Dt /17 /2012 ,,u .. Apt' Gw+WL4.1F.��s doe Ask4 4 35143 R 4a KP(2z$ ©G�O$ Zelg. • 2of2 Tukwila Commuter Rail Station Tetra Tech INCA,400112"'Ave NE,Suite 400,Bellevue,WA 98004 L:\2006\06-009C\cadd\survey\04_Lega Is\Tu kwi la_242304-9034.docx 1/17/2012 SEC 24.T23N,R4E,W.M. EXHIBIT B II '. 141III © 1lI�0;s1'u`Xe NT 06'2YE .-r© 161.57 BNSF ROW Q Bearing Distance(FT) 1 5 87'06'41"W 15.00 2 N 02°06'22"E 50.00 3 N 87'06'41"E 15.00 4 5 02°06'22"W 50.00 LEGEND PROPOSED EASEMENT UNE NAD 83(91) 14 PROPOSED EASEMENT LINE NAVE!88 — — EXISTING PROPERTY UNE EXISTING EASEMENT UNE — — EXISTING RIGHT-OF-WAY 40 20 0 40 80 PARCEL AREA IS FROM KING COUNTY ASSESSOR RECORDS. II■1lIl NOM MIIIIIIM■ =.._-__ _:_ \ . \ :.-N•1 t;t;t;. .Z;tiScct;ti SCALE IN FEET PERMANENT ACCESS EASEENT TEMP CONSTRUCTION EASEMENT FEE ACQUISITION ir PARCEL AREA: 138,382 SF PERMANENT ACCESS FEE ACQUISITION: 138,382 SF EASEMENT: 0 SF $OUNDTRANSR REMAINDER: 138,382 SF TEMPORARY CONST. 747 SF EASEMENT: Eff ilCann0l Engineers PARCEL MAP TKWA 025 1601 firth sax1A.rife 1600 Snatls Nbahigfm 126101-5665 (256)622-5822 E(206)622-8150 ASSESSOR NO.; 2423049034 DATE: 12/19/11 QTETRATECH INCA OWNER OTY OF TUKWILA BLOCK NO.: - LOT NO.: - SOUND TRANSIT TUKWILA STATION CITY OF TUKWILA KING COUNTY,WA .