HomeMy WebLinkAbout2016 - Temporary Construction Easement - King County / City of Tukwila (Lake to Sound Trail Segment A Easement)- 20161205001056AFTER RECORDING RETURN TO:
King County Parks
Attn; Jason Rich
201 S. Jackson St., Suite 700
Seattle, WA 98104
11111111111111111111 111111
20161205001056
DOCUMENT TITLE:
Temporary Construction Easement
GRANTOR:
City of Tukwila
GRANTEE:
King County
ABBREVIATED LEGAL
DESCRIPTION:
SW '/, Sec. 13, Twn. 23, Rng. 4
SE'/, Sec. 14, Twn. 23, Rng. 4
NE %, Sec. 23, Twn. 23, Rng. 4
ASSESSOR'S TAX PARCEL NO.
132304 -9080
722950 -0360
232304 -9001
PROJECT:
Lake to Sound Trail Segment A
TEMPORARY CONSTRUCTION EASEMENT
This TEMPORARY CONSTRUCTION EASEMENT is granted this a `I"( day of
De �e ten- ,
20(.', by the City of Tukwila, a Washington municipal corporation,
hereinafter referred to as "Grantor," to King County, a political subdivision of the State of
Washington, hereinafter referred to as "Grantee."
WHEREAS, the Grantor is the owner of a certain parcel of land located at 14299 Monster Rd.
SW, Tukwila, in the County of King, State of Washington, ( "Property "); and
WHEREAS, the Grantee is considering construction of what is known as Segment A of the
Lake to Sound Trail ( "Project "), a 16 mile non - motorized, multi -use recreational trail spanning
from the south end of Lake Washington in Renton to the shoreline of Puget Sound in Des
Moines.
WHEREAS, the Grantee has provided the Grantor with the design drawings for the Project, and
the Grantor accepts and agrees to allow construction of the Project on the Property, in
accordance with the conditions set forth in this agreement.
WHEREAS, the Grantee has complied with all regulatory requirements that apply to the Project,
and has obtained all necessary permits and regulatory approvals allowing construction of the
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EXCISE TAX NOT iwiEUUIRED
King Co. Reooias Division
ItALOA4A-71.t at Deputy
Project, including the following: City of Tukwila, Shoreline Substantial Development Permit
PL16 -0014 and City of Tukwila, Shoreline Variance PL16 -0014. Grantee agrees that if the
Project is constructed, it shall be constructed in accordance with these permits and approvals.
WHEREAS, it has been found necessary, in the construction and improvement of the Lake to
Sound Trail Segment A ( "Project "), to acquire certain surface rights and privileges on, across,
and over a portion of said Property.
WHEREAS, the Grantor hereby represents and warrants to the Grantee that it has sufficient
property interests in the Property to grant this Temporary Construction Easement to Grantor,
and the legal authority to remove encroachments, that there are no easement, covenants,
restrictions, encumbrances or defects on or to the title of the Property that will in any way affect
or impair the Grantor or Grantee's ability to perform their respective obligations under this
Agreement.
NOW THEREFORE, the Grantor and Grantee agree as follows
1. Grant of Temporary Construction Easement: The Grantor, for and in consideration of
the benefit to the Tukwila Community of the Lake to Sound Trail, to the same extent and
purposes as if the rights granted had been acquired under the Eminent Domain Statute
of the State of Washington, hereby grants to Grantee a temporary construction
easement on, across, and over that portion of Grantor's Property, together with the right
to enter upon and have access to said Easement Area for the purpose of the Project
work, and to take such other actions upon the Easement Area as are necessary and /or
convenient for the construction of Grantee's Project. Grantor understands that the
donation of a portion of the property to King County for public use is made voluntarily
and with full knowledge of entitlement to receive just compensation in the form of
surface improvements. Additionally, Grantor understands that he /they have the right to
request an appraisal of the property, and hereby give up that right.
2. Purpose: Grantee may utilize the Easement for the following purposes only:
construction of Project. Grantee may elect to, but is not bound to construct the Project.
If Grantee elects to construct the Project, it shall be done so in accordance with the
project plans and conditions set forth in the following permits: City of Tukwila, Shoreline
Substantial Development Permit PL16 -0014 and City of Tukwila, Shoreline Variance
PL16 -0014. Access to Grantor's Property shall be maintained during the Project work.
3. Term: The rights, title, privileges and authorities hereby granted shall begin upon written
Notice of Construction to the Grantor and shall continue in force for twentv -four (24)
months from the date of the Notice of Construction, or January 30, 2020, whichever is
later.
It is understood and agreed that the delivery of this Easement is tendered and that the
terms and obligations hereof shall not become binding upon Grantee unless and until
accepted and approved in writing by the Grantee.
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4. Access and Encroachments: The Grantor hereby grants to the Grantee and its
employees, agents, representatives, invitees, consultants, contractors and .
subcontractors performing work on behalf of the Grantee the following access rights to
the Grantor's real properties:
(a) The non - exclusive right and license to enter onto real properties of the Grantor to
analyze; assess, investigate, inspect, measure, survey, study and gather information for
purposes of construction of the Project, including but not limited t� completing borings and
other subsurface investigations. This right and license shall begin upon the effective date of
this Agreement and continue throughout the term of this Easement.
(b) The exclusive right and license to enter onto, and take actions on, real properties
of the Grantor necessary for construction of the Project and completion of the Contract. This
right and license shall begin upon the Grantee's issuance of the Notice to Proceed and continue
until completion of the Project. This right and license shall not be exclusive of the Grantor's
right to enter the properties for the purposes of inspections or other actions necessary to
implement this Agreement, or for any other purpose, 'provided that the Grantor's entry onto the
property shall not impair, impede or delay construction of the Project.
(c) The Grantor hereby represents and warrants to the Grantee that it has sufficient
property interests and the legal authority to remove Encroachments; and that there are no
easements, covenants, restrictions, encumbrances or defects on or to the title of the Property
that Will in any way affect or impair the Grantee's or the Grantor's ability to perform their
respective obligations under this Agreement. .
(d) If the Grantee's Contractor removes Encroachments in accordance with the
Grantor's direction, the Grantor shall protect, defend, indemnify and save harmless-the
Grantee, its officers, officials, employees, agents, Contractor and subcontractors, while acting
within the scope of their employment as such, from any and all suits, costs, claims, actions,
losses, penalties; judgments, and /or awards of damages arising from removal of said
Encroachments except when caused by the negligence of the Grantee, its officers, officials,
employees, agents, Contractor and subcontractors .
5. Indemnification: Each Party shall protect, defend, indemnify and save harmless the
other Party, its officers, officials, employees and agents while acting within the scope of
their employment as such, from any and all suits, costs, claims, actions, losses,
penalties, judgments, and /or damages of whatsoever kind ( "Claims ") arising out of, or in
connection with, or incident to the breach of any warranty under this Agreement or the
exercise of any right or obligation under this Agreement by the indemnifying Party,
including any negligent acts or omissions, except to the extent such Claims arise out of
or result from the other Party's own negligent acts or omissions. Each Party agrees that
it is fully responsible for the acts and omissions of its own contractors, employees and
agents, acting within the scope of their employment as such, as it is for the acts and
omissions of its own employees and agents. Each Party agrees that its obligations
under this paragraph extend to any claim brought by or on behalf of the other Party or
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any of its employees; or agents. The foregoing indemnity is specifically and expressly
intended to constitute a waiver of each Party's immunity under Washington's Industrial
insurance act, RCW Title 51, as respects the other Party only, and only to the extent
necessary to . provide the indemnified Party with a full and complete indemnity of Claims
made by the indemnitor's employees: The Parties acknowledge that these provisions
were specifically negotiated and agreed upon by them. Nothing in this Paragraph
modifies or limits in any way the Grantor's obligations in Paragraph 4.
6. Insurance: Each Party shall maintain, for the duration of each Party's liability exposures
under this Agreement,'self- insurance against claims for injuries to persons or damage to
property, which may arise from or in connection with performance of the work hereunder
by each Party, their agents; representatives,' employees, contractors or subcontractors.
King County, a charter County government under the constitution of the State of
Washington, maintains a fully funded Self- Insurance program as defined in King County
Code chapter 4.1,2 for the protection and handling of the Grantee's liabilities including
injuries to persons and damage to property. The Grantor acknowledges, agrees and
understands that the Grantee is self- funded for all of its liability exposures and that the
Grantee's` self- insurance program meets the requirements of this paragraph. The
Grantee agrees, at its own expense, to maintain, through its self- funded program,
coverage for all of its liability exposures for this Agreement. The Grantee agrees to
provide the Grantor with at least 30 days prior Written notice of any material change. in
the Grantee's self- funded program and will provide the Grantor with a certificate of self-
insurance as adequate proof of coverage. The Grantor further acknowledges, agrees
and understands that the Grantee does not purchase Commercial General Liability
insurance and is a self - insured governmental entity; therefore the Grantee does not
have the ability to add the Grantor as an additional insured.
It is agreed that the Grantor's participation in a governmental self - insured risk pool with
Washington Cities Insurance Authority ( "WCIA ") will meet the requirements of this
paragraph. The Grantor agrees, at its own expense, to maintain, through WCIA,
coverage for all of its liability exposures for this Agreement. The Grantor agrees to
provide the Grantee with at least 30 days prior written notice of any material change in
the Grantor's WCIA coverage and will provide the Grantee with an evidence of coverage
letter as adequate proof of coverage. The Grantee further acknowledges, agrees and
understands that the Grantor does not purchase Commercial General Liability insurance
and is with a self- insured pool; therefore the Grantor does not have the ability to add the
Grantee as an additional insured. The Grantor participates in the State's worker's
compensation program.
7. General Conditions:
a. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
Party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution hereof.
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b. Third Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Grantor and the Grantee, and all duties and responsibilities undertaken pursuant to
this Agreement will be for the sole and exclusive benefit of the Grantor and the
Grantee and not for the benefit of any other Party
c. Exhibits. All Exhibits referenced in this Agreement are incorporated by reference
as if fully set forth.
d. Entire Agreement. This Agreement contains the entire agreement of the parties
and any representations or understandings, whether oral or written, not incorporated
herein are excluded.
e. Amendment. This Agreement may be amended only by an instrument in writing,
duly executed by both Parties..
g.
Relationship of the Parties. The Parties execute and implement this Agreement
as separate entities. No partnership, joint venture or joint undertaking shall be
construed from this Agreement.
Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington.
h. Survivability. The provisions of Sections 4 and 6 shall survive termination of this
Agreement.
Each Party executing this Agreement represents that the Party has the authority to execute the
Agreement and to comply with all terms of this Agreement.
IN WITNESS WHEREOF, this instrument has been executed the day and year first above
written.
GRANTOR:
City of Tukwil
By:
Printed Name: t I
Title: ry cL DC
Date: I0 a7)l1,
Page 5 of .6
APPROVED AS TO F • ' M:
By:
Printed Na
Title: i, ) ; Attorney.
GRANTEE:
King County
By k 1 —�
Printed Name: Yrztf44114
Title: Ass.,s,C. 71;4 ����
Date: )z/i 1 UP
APPROVED AS JO FORM:
Name:
Ti County Attorney
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