AG 20-092 - SOUND TRANSIT REAL PROPERTY DIVISIONRETURN 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
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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
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til ��
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A ""i �-19 Z��` � =
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Residing at:
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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: $112.50 Page -9 of 10
Record Date:7/9/2020 3:10 PM King County, WA
TEMPORARY CONSTRUCTION EASEMENT
SE 1/4 NE 1/4 SEC 9, T 21 N, R 4 E, W.M.
28TH AVE S —
_
I i
1 I
11
1 _ - CL SB TRACK
�C- ACL NB TRACK
1
z
r
M
O
� N
� N
G O
T
rn
m
m
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1
Cl A=00"38'48' R=11340.28' L=128.00'
' S80"49'38"E (R) S81°28'27"E (R)
C4 A=00'38'53" R=11315.28' L=128.01'
S80 -48-38-E (R) S81 -27'32"E (R)
I
as
w
C4 . r
ftDOT RW
r AY ---
LEGEND 40 20 0 40 80 NAD 83 (2011)
— — LIGHT RAIL LRNE PE WAY
— — — — -- EASEMENT LINE PERMANENT
- - - - - - - - - - - EASEMENT LINE TEMPORARY
— EXISTING RIGHT-OF-WAY LINE SCALE IN FEET
STREET CENTER LINE
-- PROPERTY LINE
PARENT PARCEL
CONST ESMT
MUME
Sail/,
h]
LIN k ASSOCIATES
LIG- - RAI Iiin.NSr1 SY$, 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