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AG 20-092 - Sound TransitRETURN TO: PW ADMIN EXT: 2700 ID #: I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS 2. ORIGINATING STAFF PERSON: y*w /qf,OLc,N EXT: 3. DATE REQ. BY:wto LD 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG X REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): Cl INTERLOCAL ❑ OTHER 4. PROJECT NAME: (0,0J51 PL cr(04J ^ 0%f :t 'r "`� n a N S. NAME OF CONTRACTOR: -56-L. ( S vi !� 8S t r t 8 �` `� i ID ADDRESS: C LC_dr.1 TELEPHONE: r -- E—MAIL: FAx: SIGNATURE N - - 11TLE11��� :aM%: _I_d i �$r 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL EXP. 12/31/ UBI# EXP. —/—/- 7. / 7. TERM: COMMENCEMENT DATE: COMPLETION DATE: 8. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REDvfBURSABLE EXPENSE' ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES Cl NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW PROJECT MANAGER ❑ DIVISION MANAGER o;, DEPUTY DIRECTOR 4 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) KLAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) INITI: / DAFE REVILWED SCHEDULED COMMITTEE DAA- 1-114 SCHEDULED COUNCIL DATE: COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: /�' A' Iii' 11. CONTRACT SIGNATURE ROUTING 3 �2O ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: 1 DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/ DATE SIGNED ❑ FINANCE DEPARTMENT iMAYOR ORDIRECTOR) it c_, ,.;;:.; ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: - pke AO -J IFIVIN s ,• DATE SENT: Aj'w -lopy W ZOK0- tv017-5 lNL o � Pd>`rD '%T�-- SouNDTRANsff July 20, 2020 USPS The City of Federal Way CHAIR Attn: John Hutton Parks Director , Kent Keel Unireisily Place Councihnember 33325 8th Ave. S. Federal Way, WA 98003 VICE CHAIRS Property Address: 31104 28th Avenue South and Vacant Land, Federal Way, WA, Dow Constantine King Coam(vl:xecirlive 98003 Paul Roberts Parcel No: 092104-9250, 092104-9198 E,•erelt Cmmcilmenber ROW No. FL340, FL341 Subject: Federal WayLink Extension ,1 BOARD MEMBERS Nancy Backus Notice of Start of Construction Auburn Mayor Term of Temporary Construction Easement — 48 Months David Baker Kenmore Alavor As required in the Temporary Construction Easement, this letter is to advise you Claudia Balducci that construction work is to begin at your property located at 31104 281h Avenue i King CounlyCouncil Chair South and Vacant Land, Federal Way, WA, 98003 on July 21, 2020. Bruce Dammeier Pierce C •ounly Execulive The work will be in the area identified in the Temporary Construction Easement, Jenny Durkan which you approved on February 26, 2020. A copy of that document is attached Seattle Alciyor for your information, and the 14 -day notice required by that agreement has been Debora Juarez waived per your agreement. We ask that the area be cleared of all personal SeMlle c •oimcilmetnher by 6 on July 20, 2020, so that construction can proceed in an Joe McDermott property pm orderly manner. Although not anticipated, if access to the TCE is needed through King County Council Vice Chair the maintenance yard, then Kiewit/ST will coordinate moving any materials in Roger Millar the access path with City staff. Washington Stale Secrelary q/ Transportation Ed Prince If you have questions about the project, including the work of the construction Renton CaanCihmmher contractor, please call Jefferson Rose of Sound Transit's Community Outreach Kim Roscoe Division at 206-660-1712. Vifl Alayor Nicola Smith Thank you in advance for your cooperation. 'ynnivoo`' A*iyor Dave Somers Snohomish Conn/v Execulive Sincerely, Dave Upthegrove King C'ounly Councilmemher Peter von Reichbauer King County Councilmemhe• Mike Bulzomi, SR/WA Victoria Woodards Deputy Director Real Property Tacoma Mayor Enclosure CHIEF EXECUTIVE OFFICER Peter M. Rogoff cc: Jefferson Rose, Avery Madden, Kim Wong, Hal Barber Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 981042826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -1 of 10 Record Date:7/9/2020 3:10 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY LISA OHI 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): The City of Federal Way: Grantee: Central Puget Sound Regional Transit Authority Abbreviated Legal Description: Portions of the Southeast quarter of the Northeast quarter of Section 9-21 N -4E Assessor's Tax Parcel No(s): 092104-9250 and 092104-9198 ROW No(s): FL340 and FL341 The City of Federal Way; a Washington municipal corporation. ("Grantor"), is the owner of real property located in fare City of Federal Way commonly known as 31104 281 Avenue South and Vacant Land. Federal Way, WA 98003. 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 S^ate 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 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, drainage, retaining walls, and utilities. 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. Grantee will provide Grantor 48 -hours' advance notification to access the Easement Area from the Property. Access to the easement from the Property will not be permitted during snow and ice events, following emergencies, severe wind storms, and during heavy rain events, which shall be declared at the Grantor's sole discretion. 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 request entry (pursuant to the ROW 4: FL340 AND FL341 Temporary Construction Easement -Staging -Long Tenn Form approved by Civil 10106117 Last saved by James Chung on 1/13/18 Page 1 of 4 Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -2 of 10 .Record Date:7/9/2020 3:10 PM King County, WA terms of this section) 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 Grantees 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 which shall be 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 projeci 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 mutual execution of this agreement. Following commencement of 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 Forty -Eight (48) consecutive months (the "Construction Period") following the commencement of Grantee's work in the Easement Area. During the Construction Period, Grantee's use of the Easement Area shall be exclusive. The Easement will remain in effect until December 31, 2024, until completion of restoration of the Easement Area, if any, as provided for in Section 3 of this Easement, or the construction period has expired, whichever occurs first. Grantee may, at its option, extend the Term, including the exclusive Construction Period, for up to an additional Twelve (12) months. 5. Payment for Easement Grantee will pay Grantor Nine Thousand Seven Hundred and 001100ths Dollars ($9,700.00) 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 Fifty -Six and 001100ths Dollars ($256.00) 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 and defend 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 solelyforthe 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 parties are subject to the terms of this Easement and nothing in this section shall relieve the Grantee of any of the duties imposed by this Agreement and 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 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. ROW*: FL340 two FL341 Temporary Construction Easement -Staging -Long Term Form approved by Civil 10/06/17 Last saved by James Chung on 1113/19 Page 2 of 4 Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -3 of 10 Record Date:7/9/2020 3:10 PM King County, WA 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, each party in such litigation will be responsible for its own 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. 10. Condemnation. This Easement is granted under the threat of condemnation. 11. Recordinla. Grantee will record this Easement in the real property records of King County, Washington. Dated and signed this day of • 'G L Q 1zu Pocy 20 Z. Grantor: The City of Federal Way, a Washington municipal corporation By: Its: By: Its, STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfac evidence that . ����4� and Tryara} the personal who appeared before me, and said person(Oj acknowledged that 1 ) signed this instrument, on oath stated that the isAshe autll rized execute the instrument and acknowledged it as the Y t and of The City of Federal Way to be the fret: and voluntary act of such party for the uses and purposes mentioned in this instrument. `�ti"U11611 y I1 � E MARS ll�f� Dated: = ? �giorr Signature:, y=0 � %� 176970 s Notary Pu is i a d fo the Stat of Washington s °ua = Notary [pri e}: L1�I Hll til �� i to '. � A ""i �-19 Z��` � = 9 '''nll�n, Residing at: _ 4 ,,.• I�rhrfOF,WAS��.a'� My appointment expires: 1�'1�►—� ROW #: FL340 two FL341 Temporary Construction Easement -Staging -Long Term Forth approved by Civil 10/06/17 Last saved by James Chung on 1/13/19 Page 3 of 4 Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -4 of 10 Record Date:7/9/2020 3:10 PM King County, WA Dated and signed on this day of M 20 �. Oay Mmth Yes �aS.a➢.L��' f'y ... Re rl[ n �uUhiorn�, By: ?3?Y n Its: �t1-�4.� Approved as to Form PaulMoomaw,:Y By: Sound Transit Legal Counsel STATE OF WASHINGTON } )SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that E✓ie-- P Pxc-1c� is the person who appeared before me, and said person acknowledged that fheJsh;e; s,g-euthis instrument, on oath stated that (he is/she is) authorized to execute the instrument and acknowledged it as the .�, ,� - E`_ XL f to �i �> •.>-{ 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. ��.•�►►►►►till I Dated: 15! lei I N""f�i��� Signature: s =U+ yorARjy Notary Public in and for the State of Washington s 208342 °° s Notary (print name): Residing at: /I op, lWASt'�t ��` tMy appointment expires' f i '7 RO W k: FL340 AND FL341 Temporary Construction Easement -Staging -Long Term Form approved by CNN 1=6117 Last saved by Jaynes Chung on 1113119 Page 4 of 4 Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -5 of 10 Record Date:7/9/2020 3:10 PM King County, WA EXHIBIT "A" R/W No. FL340 PIN 0921049250 THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION Grantor's Parcel: THAT PORTION OF THE NORTH 127 FEET OF THE SOUTH 435.5 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1, AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 4990950; EXCEPT PORTION WITHIN COUNTY ROAD RIGHT OF WAY (28TH AVENUE SOUTH). Pagel of 2 FL340 Legal.doc John W. Goodman 08/07/2018 Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -6 of 10 Record Date:7/9/2020 3:10 PM King County, WA EXHIBIT "A" R/W No. FL341 PIN 0921049198 THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION Grantor's Parcel: THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 308.5 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WESTERLY OF STATE HIGHWAY NO. 1, PIERCE COUNTY LINE TO JUNCTION SECONDARY STATE HIGHWAY NO. 5-A, AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 5001071, IN KING COUNTY, WASHINGTON; EXCEPT PORTION WITHIN COUNTY ROAD RIGHT OF WAY (28TH AVENUE SOUTH). Page 2 of 2 _)j, vi. 6,. — 0-7-ja FL341 Legal.Doc John W. Goodman 08/07/2018 Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -7 of 10 Record Date:7/9/2020 3:10 PM King County, WA EXHIBIT "B" R/W No. FL340 PIN 0921049250 THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION Temporary Construction Easement Area Acquired by Grantee: THAT PORTION OF GRANTOR'S PARCEL (SAID PARCEL BEING DESCRIBED IN EXHIBIT "A") DESCRIBED AS FOLLOWS: THE EAST 25 FEET OF GRANTOR'S PARCEL. CONTAINING 3,200 SQUARE FEET, MORE OR LESS. Page 1 of 2 FL340 Lege) doc John W. Goodman 06/07/2018 Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -8 of 10 Record Date:7/9/2020 3:10 PM King County, WA EXHIBIT "B" R/W No. FL341 PIN 0921049198 THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION Temporary Construction Easement Area Acquired by Grantee: THAT PORTION OF GRANTOR'S PARCEL (SAID PARCEL BEING DESCRIBED IN EXHIBIT "A") DESCRIBED AS FOLLOWS: THE EAST 25.00 FEET OF GRANTOR'S PARCEL. CONTAINING 2,523 SQUARE FEET, MORE OR LESS. Page 2 of 2 FL341 Legal.Doc John W. Goodman 08/07/2018 Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -9 of 10 Record Date:7/9/2020 3:10 PM King County, WA TEMPORARY CONSTRUCTION EASEMENT SE 1/4 NE 1/4 SEC 9, T 21 N, R 4 E, W.M. 28TH AVE S — _ I i 1 I 11 1 _ - CL SB TRACK �C- ACL NB TRACK 1 z r M O � N � N G O T rn m m :p r � A 1 Cl A=00"38'48' R=11340.28' L=128.00' ' S80"49'38"E (R) S81°28'27"E (R) C4 A=00'38'53" R=11315.28' L=128.01' S80 -48-38-E (R) S81 -27'32"E (R) I as w C4 . r ftDOT RW r AY --- LEGEND 40 20 0 40 80 NAD 83 (2011) — — LIGHT RAIL LRNE PE WAY — — — — -- EASEMENT LINE PERMANENT - - - - - - - - - - - EASEMENT LINE TEMPORARY — EXISTING RIGHT-OF-WAY LINE SCALE IN FEET STREET CENTER LINE -- PROPERTY LINE PARENT PARCEL CONST ESMT MUME Sail/, h] LIN k ASSOCIATES LIG- - RAI Iiin.NSr1 SY$, L'•h1 PARCEL AREA 62-.76 SF CONST ESMT 3 200F EXHIBIT "C" Page 1 of 2 RNV NO. FL -340 PARCEL MAP ASSESSOR NO :_ 0S3 11' 4Q50 DATE: uWC1712 8 OWNER. CITY OF FEDERAL WAY BLOCK NO.: NIA LOT NO.: N/A CITY OF FEDERAL WAY KING COUNTY, WA Instrument Number: 20200709002161 Document:EAS Rec: $112.50 Page -10 of 10 Record Date:7/9/2020 3:10 PM King County, WA TEMPORARY CONSTRUCTION EASEMENT SE 1/4 NE 1/4 SEC 9, T 21 N. R 4 E, W.M. i — J 28THAVES � N01°so18•� — Na1"3o•Ts"� saa.D I I CL SB TRACK CL NB TRACK n `53 - 15 Cl n L1 NBB°19'30"W 25.22' L2 NS 1930"W 25.25' Cl A=00°30'38" R=11340.28' L=100.92' SBO"49'39"E (R) SBO.19-03•E (R) C3 A=00°30'39" R=1131528' L=100.93' SBO -17'59"E (R) SBO -48'38"E (R) TRAN DOT R� --- X m � m_ -r, IO !Tn - - - LIGHT RAIL TRANSIT WAY - - STREET RIGHT-OF-WAY LINE b m ! + — — — — — PROPERTY LINE SCALE IN FEET PARENT PARCEL Z J _m a� CL SB TRACK CL NB TRACK n `53 - 15 Cl n L1 NBB°19'30"W 25.22' L2 NS 1930"W 25.25' Cl A=00°30'38" R=11340.28' L=100.92' SBO"49'39"E (R) SBO.19-03•E (R) C3 A=00°30'39" R=1131528' L=100.93' SBO -17'59"E (R) SBO -48'38"E (R) TRAN DOT R� SOUNDTRANSR LIN k ASSOaATES X11- I:; H'R;:,IL--I--it S!STF PARCEL AREA 47,675 SF CONST ESMT• 2,523 SF EXHIBIT"C" Page 2of2 R/W NO. FL -341 PARCEL MAP ASSESSORNO. G52z 4919! ...- DATE O8f07MI8 OWNER '- iTY r.- 7r DE RAL WAY _ BLOCK NO.: NSA LOT NO.: WA CITY OF FEDERAL WAY KING COJNTY, WA LEGEND 40 20 0 40 8D NAD 83 (2011) - - - LIGHT RAIL TRANSIT WAY - - STREET RIGHT-OF-WAY LINE - STREET CENTER LINE ! + — — — — — PROPERTY LINE SCALE IN FEET PARENT PARCEL - - - - - - EASEMENT LINE PERMANENT - - - - - - - - - - - - EASEMENT LINE TEMPORARY TEMP CONST ESMT SOUNDTRANSR LIN k ASSOaATES X11- I:; H'R;:,IL--I--it S!STF PARCEL AREA 47,675 SF CONST ESMT• 2,523 SF EXHIBIT"C" Page 2of2 R/W NO. FL -341 PARCEL MAP ASSESSORNO. G52z 4919! ...- DATE O8f07MI8 OWNER '- iTY r.- 7r DE RAL WAY _ BLOCK NO.: NSA LOT NO.: WA CITY OF FEDERAL WAY KING COJNTY, WA -:Ej SouNDTRANSIT Request for Taxpayer Identification and Certification (RP/PM) Give form to the requestor. W-9 Substitute Form ❑ Add New Address Book Record ❑ Add New A/P Tenant ❑ Add New Remit Do not send to the IRS. ❑ Displacee ❑ 3rd Party f` J Procurement & Contracts -System & Operations Use Only Federal Tax ID # or SSN #: Completed By: Date: AB Record ID: Tenant ID: Remit ID: f different from above; c'Iis name will appear on DO ,si, Part I: Taxpayer Identification - To be completed by Payee Legal Name: enter to t WA State U B I #: ! = �_� (If no DBA, this name w� f ,,r� will appear on checks) f` J Select One: ❑ TIN/EIN ❑ SSN Federal Tax ID # or SSN #: Business Name/DBA: f different from above; c'Iis name will appear on enter text ElITIN El N/A e7/te'hecks) f 1',✓ Check appropriate box for federal tax classification; check only one of the eight primary boxes: Exemptions (codes apply only to certain entities, not ❑ Individual/Sole Proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/Estate individuals) Note: For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the Exempt payee code (if any) ❑ Single -Member LLC line above for the tax classification of the single -member owner, (Please refer to the IRS Federal W-9 enter text Instructions) Exemption from FACTA reporting Limited Liability Company. Select the tax classification: code (if any) ❑ Corporation ❑ S Corporation ❑ Partnership enter text EE Other: (Applies to accounts entertext , ` maintained outside the U.S.) Type: ❑ Federal Gov ❑ State Gov Local Gov ❑ Exempt/Non-Profit/501(c) Foreign payees operating outside the U.S. use IRS form W-8 Business Address ❑ Send 1099 and checks to this address Address enter text f?m 64"17 City erste i statZip Code,."G� ❑ Send checks to this address Remit/Payment Address (if different than above) Address City State Zip Code Part II: Certification - To be completed by Payee Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions: You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you havefailed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct Tl N. See page 3 of the W-9 instructions for more information. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. Payee Signature: 'L' / Date: Continued on next page Property W-9 Feb 2018 Part III: Contact Information — To be completed by Payee (Required) Primary Contact Name: enter text Phone: entertc."t25J - y - Email: - - entertex�Tgnel- tvbl�-eL r ,d. J—ctne4 dVOI—TC, Accounting Contact Phone: entertext s� Same as Above Name: enter text Email: entertext Part IV: To be completed by ST Employee ONLY To be completed by the department. Once complete, including payee signature, please deliver the original hard copy to the Contracts Help secure lock box. Please do not submit electronic copies of this form as it may contain sensitive information. Select from only one of the sections below. Multiple selections within any single section are okay. Reimbursement Section Recipient Income Section Other Section ❑ Real Property Relocation or ❑ Property Purchase/Real Estate Proceeds ❑ AP Lease Rent Paid by ST (CC7=A1) Reimbursement (tenant/property owner) ❑ Temporary Construction Easement (TCE) ❑ Real Estate Other Goods/Services (e.g. moving company, new signage, build in/out, etc.) ❑ Attorney(CC6=A) ST Employee/Requestor _x Date select date Name (printed): Submitted: PIM Propertv W-9 Feb 2018 V SOUNDTRANSIT Sound Transit Union Station 401 S. Jackson St. Seattle, WA 98104- 2826 Payment Request Displaced Person(s) or Claimant(s): The City of Federal Way Attn: John Hutton, Parks Director 33325 8' Ave S. Federal Way, WA 98003 253-835-6910 ohn.huttonC cit offederalwa .com 1 hereby certify that the items and amounts listed herein are proper charges against Sound Transit. That the same and any part thereof has not been paid and that I am authorized to sign for the claimant. 2,/ = ZIZIIz' Signature Date PROJECT: Federal Way Link Extension RW#: FL340, FL341 Parcel #: 092104-9250, 092104-9198 ❑ 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 Impacted Site Improvements $ 8,625.00 Permanent Wall & Maintenance Easement: 1,145 SF $ 1,475.00 Temporary Construction Easement: 5,723 SF + Option $ 9,700.00 Less Special Benefits: $ JUST COMPENSATION $19,800.00 Administrative Settlement: $ 4,100.00 FINAL SETTLEMENT: $23,900.00 Professional Fees Acquisition): Other Items: SUBTOTAL: AMOUNT TO BE PAID: $ $ $23,900.00 $23,900.00 Right -of -Way Agent: Signature: Approved for Payment: Real Property Project Manager Signature: Date: 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: _ Revised 5/31/2019 Chung Date: 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): The City of Federal Way Grantee: Central Puget Sound Regional Transit Authority Abbreviated Legal Description: 'Portions of the Southeast quarter of the Northeast quarter of Section 9-21N-4EI Assessor's Tax Parcel No(s): 092104-9250 and 092104-9198' ROW No(s): ;FL340 and FL341' The City of Federal Way, a Washington municipal corporation, ("Grantor"), is the owner of real property located in the City of Federal Waycommonly known as 31104 28th Avenue South and Vacant Land, Federal Way, WA 98003, 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 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 ofthe Property, more particularly described in the attached Exhibit `B and depicted in Exhibit "C"i ("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, drainage, retaining walls, and utilities. 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. Grantee will provide Grantor 48 -hours' advance notification to access the Easement Area from the Property. Access to the easement from the Property will not be permitted during snow and ice events, following emergencies, severe wind storms, and during heavy rain events, which shall be declared at the Grantor's sole discretion. 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 request entry (pursuant to the ROW #: FL340 AND FL341 Temporary Construction Easement -Staging -Long Term Form approved by Civil 10/06117 Last saved by James Chung on 1113114, Page 1 of 4 terms of this section) 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). 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 which shall be 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 mutual execution of this agreement. Following commencement of 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 .Forty -Eight (48) consecutive months (the "Construction Period") following the commencement of Grantee's work in the Easement Area. During the Construction Period, Grantee's use of the Easement Area shall be exclusive. The Easement will remain in effect until (December 31, 2024, until completion of restoration of the Easement Area, if any, as provided for in Section 3 of this Easement, or the construction period has expired, whichever occurs first. Grantee may, at its option, extend the Term, including the exclusive Construction Period, for up to an additional twelve (12) months_ 5. Payment for Easement Grantee will pay Grantor Nine Thousand Seven Hundredand 001100ths Dollars ($,9,700.00) 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 Fifty -Six and 0011001ths Dollars ($256.00) 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 and defend 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 parties are subject to the terms of this Easement and nothing in this section shall relieve the Grantee of any of the duties imposed by this Agreement and 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 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. ROW #: FL340 Me FL341 Temporary Construction Easement -Staging -Lang Term Form approved by Civil 10/06/17 Last saved by James Chung on 1113/18 Page 2 of 4 9. Legal Proceedinas. 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, each party in such litigation will be responsible for its own 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. 10. Condemnation. This Easement is granted under the threat of condemnation. 11. Recording. Grantee will record this Easement in the real property records ofKIng County, Washington. Dated and signed this - C- day of 7-,:g z , �� v , 20-Z0 Grantor: The City of Federal Way, a Washington municipal corporation By: Its: -V-wu kot' By: Its: STATE OF WASHINGTON } )SS. COUNTY OF KING 1 I certify that I know or have satisfac ry evidence that C? wcG ci� and the personpo who appeared before me, and said person($) acknowledged that ) signed this instrument, on oath stated that (he-isfs#e i a'uth --ized o execute the instrument and acknowledged it as the l 01fU" r6C�),r and of The City of Federal Way to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. ` %'NMN11r111 �4tE MgRsril, Dated: ?� 22`4"%5ioAe°p-,, k' z Signatures i e ao Ry m4 + 176974ZGe Notary Pu Iic i ton fo the Stat of Washington ` p" ueJ° =O = id ill �. �1�y! Notary (pri _Residing %��L^ WK �y4ra at: 4 OF My appointment expires: il�1 ROW** FL340 AND FL341 Temporary Construction Easement -Staging -Long Term Form approved by Civil 10106117 Last saved by James Chung on 1113119 Page 3 of 4 Dated and signed on this day of 20 Day Month Year By: Its: Approved as to Form By: Sound Transit Legal Counsel STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that 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 of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act of such party forthe uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: My appointment expires: ROW*: FL340 AND FL341 Temporary Construction Easement -Staging -Long Term Form approved by Civll 10/06117 Last saved by James Chung on 1113/19 Page 4 of 4 EXHIBIT "A" R1W No.FL340 PIN 0921049250 THE CITY OF FEDERAL WAY. A WASHINGTON MUNICIPAL CORPORATION Grantor's Parcel: THAT PORTION OF THE NORTH 127 FEET OF THE SOUTH 435.5 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1, AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 4990950; EXCEPT PORTION WITHIN COUNTY ROAD RIGHT OF WAY (28TH AVENUE SOUTH). Page 1 of 2 FL340 Legal.dm John W. Goodman 08/0712018 EXHIBIT "A" R7W No. FL341 PIN 0921049198 THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION Grantor's Parcel: THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 308.5 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WESTERLY OF STATE HIGHWAY NO. I, PIERCE COUNTY LINE TO JUNCTION SECONDARY STATE HIGHWAY NO, 5-A, AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 5001071, IN KING COUNTY, WASHINGTON; EXCEPT PORTION WITHIN COUNTY ROAD RIGHT OF WAY (28TH AVENUE SOUTH). Page 2 of 2 U). tq..L....-- B --)-is FL341 Ugal.Doc John W. Goodman 0810712018 EXHIBIT "B" R/W No. FL340 PIN 0921049250 THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION Temporary Construction Easement Area Acquired by Grantee: THAT PORTION OF GRANTORS PARCEL (SAID PARCEL BEING DESCRIBED IN EXHIBIT "A") DESCRIBED AS FOLLOWS: THE EAST 25 FEET OF GRANTOR'S PARCEL, CONTAINING 3,200 SQUARE FEET, MORE OR LESS. Page 1 of 2 FL340 UgW.do, John W. Gwdmaz, 0810V201 8 EXHIBIT "B" R/W No, FL341 PIN 0921049198 THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION Temporary Construction Easement Area Acquired by Grantee: THAT PORTION OF GRANTOR'S PARCEL (SAID PARCEL BEING DESCRIBED IN EXHIBIT "A") DESCRIBED AS FOLLOWS: THE EAST 25.00 FEET OF GRANTOR'S PARCEL. CONTAINING 2,523 SQUARE FEET, MORE OR LESS. Page 2 of 2 FL341 Legal,Doc John W. 6..d.. 08/0712018 TEMPORARY CONSTRUCTION EASEMENT SE 114 NE 114 SEC 9, T 21 N, R 4 E, W.M. 28TH AVE S — wo� N01'_30'78"E NO7.30y8'E 21 7,eD'lj---- I z iz _ m I z p � z ILI O z T rn O II m a T � z `A a Ci A=00"38'48" R=1134028' L=128.00' S80"4938"E (R) S81 °28'27"E (R) C4 A=00°38'53" R=11315.28' L=128.01' S80°48'38"E (R) S81 °27'32"E (R) 1 CL S8 TRACK ' CL NB TRACK nNi- N C 2;� IRAN S iW T AY ' - /5 LEGEND 40 20 O 40 80 NAD 83 (2011) -� -- — — � LIGHT RAIL TRANSIT WAY O — — — — — —EASEMENT LINE PERMANENT N - - - - - - - - - - - - EASEMENT LINE TEMPORARY EXISTING RIGHT-OF-WAY LINE SCALE IN FEET STREET CENTER LINE — — — — — PROPERTY LINE PARENT PARCEL CONST ESMT PARCEL AREA 62,476 SF O p CONST ESMT 3,200 5E 2 SDUNDTRANSR s $ EXHIBIT "C" Page 1 oft F�� o RNV NO. FL-340 PARCEL MAP " � ASSESSOR NO.: 0921049250 DATE 06/07/2018 QIT ®® LIN & ASSOCIATES SOk915Iptp s OWNER: CITY OF FEDERAL WAY B• 7-1Q BLOCK NO.: NIA LOT NO.: N/A LINK LIGHT RAL TRANSrz sYSTEM CITY OF FEDERAL WAY KING COUNTY, WA TEMPORARY CONSTRUCTION EASEMENT SE1/4NE1/4SEC 9,T21N,R4E,W.M. _ 28TH AVE S_ -j z _ 2 m v( m e o A N m r T - - Lt N88`19'30"W 25.22' 1-2 N88'19'30"W 25.25' Cl A=00°30'36" R=1134028' L=100.92' S80°49'39"E (R) SS0°19'03"E (R) C3 A=00°30'39" R=11315.28' L=100.93' _ CL SB TRACK N S80°17'59"E (R) S80'4&38 -'E (R) CL NB TRACK ry -- 'C37 L EXWSOOT ZS Ru Cl LEGEND 40 20 0 40 80 NAD 83 (2011) LIGHT RAIL TRANSIT WAY STREET RIGHT-OF-WAY LINE STREET CENTER LINE — — — PROPERTY LINE SCALE IN FEET PARENT PARCEL - - - - - - EASEMENT LINE PERMANENT - - - - -- --- - - - - - EASEMENT LINE TEMPORARY TEMP CONST ESMT PARCEL AREA 47.675 SF NNW GOOD CONST ESMT' 2,523 SF p of WAST ti SOUNDTBANSIi ao _ r EXHIBIT"C" Pa9ezofz FNo R/W NO. FL -341 PARCEL MAP 0 "SSS �EClSTE��O��k' ASSESSOR NO.: 0921049198 DATE: 08!0712018 LIN & ASSOQATES bti4L LANO s OWNER: CITY OF FEDERAL WAY BLOCK NO.: N/A LOT NO.:, N/A LINK LIGHT RAIL TRANSIT SYSTEM CITY OF FEDERAL WAY KING COLINTY, WA