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HomeMy WebLinkAbout9511030901 CONSTRUCTION EASEMENT 110395Ct? F■1 w~ c~ TEMPORARY EASEMENT State Route 18, S.E. 304th Street Interchange Vicinity Nth -~i S The Grantor, CITY OF AUBURN, a municipal corporation, for and in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS, and other valuable co^sideration, conveys and warrants unto the STATE OF WASHINGTON, and its as-,;-- nporary Easement over, under, upon and across the hereinafter described land ` reconstructing an existing road approach, to the same extent and purpose -ranted had been acquired under Eminent Domain statutes of the State of W, The temporary rights herein granted shall terminate o. Said lands being situated in King County, State of Wasl s follows: See Exhibit A attached hereto and made a It is understood and agreed that delivery of this Temporary Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by the Director of Real Estate Services. 1995 Dated Accepted and Approved: CITY OF AUBURN STATE OF WASHINGTON W'-- co : Depart e of Transportation B c ~OOTH, Mayor ka /'m Pestinger, )FORM: Director, Real Estate Se Date: ~i Reynolds CIA 4-At corney Page 1 of 3 pages F.A. No. F-0 18( ) Parcel No. 1-15118 c= T TEMPORARY EASEMENT wi CTS 1J~ i~ w~ ti 1 w rz' Rr w w --1 State Route 18, S.E. 304th Street Interchange Vicinity 3, /.a..2 -S' A V 01kKe The Grantor, CITY OF AUBURN, a municipal corporation, for and in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS, and other valuable consideration, conveys and warrants unto the STATE OF WASHINGTON, and its assigns, a Temporary Easement over, under, upon and across the hereinafter described lands for the purpose of reconstructing an existing road approach, to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington. The temporary rights herein granted shall terminate on December 31, 1998. Said lands being situated in King County, State of Washington, and described as follows: See Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this Temporary Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by the Director of Real Estate Services. Dated 1995 Accepted and Approved: CITY OF AUBURN STATE OF WASHINGTON Departj oVransportation B Joa A'm Pestinger, !FAMA Director, Real Estate Services Date: By: lIc.rir3 t'1. ~hJcr ~ CHARLES A. BOOTH; Mayor APPROVED AS TO FORM: B Michael-J. Reyno" (:s Title: Auburn Cit#;--Atcorney J5 t F Page 1 of 3 pages F.A. No. F-0 18( ) Parcel No. 1-15118 ~ 0~,V/ 4.t-7 7 0 ' TEMPORARY EASEMENT STATE OF WASHINGTON County of King ss. On this day of 1995, before me personally appeared CHARLES A. BOOTH •ana=- , to me known to be the duly elected and qualified Mayor -end of the City of Auburn, Washington who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and 4aeA on oath stated that t WG'F a authorized to execute said instrument by resolution of the Mayor and City Council of said City, and that the seal affixed is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. O U1 O O 01 Nna't%le -)4-S Notary Public in and for the ~Itate of Washington, residing at cc~ My Appointment expires Page 2 of 3 pages F.A. No. F-018( ) Parcel No. 1-15118 TEMPORARY EASEMENT i, EXHIBIT A O J All that portion of the hereinafter described PARCEL "A" lying easterly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) C 143+50 on the C Line survey of SR 18, S.E. 304th Street Interchange Vicinity, and 46 feet westerly therefrom; thence northerly parallel with said C Line survey 400 feet to a point thereon and the end of this line description. PARCEL "A" The east 396.03 feet of the south 246.02 feet of the northeast quarter of the northeast quarter of the northeast quarter of Section 9, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion conveyed to King County for road purposes by Deed recorded under Recording Number 2680899. The lands herein described contain an area of 2,230 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval December 16, 1994, revised March 17,1995, with revision pending to delineate this transaction. It is understood and agreed that the State of Washington will reconstruct the existing road approach on the westerly side of said Highway at or near HES C 144+50, which APPROACH shall be maintained between the right of way line and the shoulder line of said Highway by the Grantors, their successors or assigns. The Grantors herein further grant to the- State of Washington, or its agents, the right to enter upon the Grantors' remaining lands where necessary during project construction to construct said road approach. Reviewed: 2, ~:Z- P Date: - 5---15- . ,11 41261 Page 3 of 3 pages F.A. No. F-018( ) Parcel No. 1-15118 V CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 2674 Date: September 20, 1995 Department: 7 Attachments: Budget Impact: Public Works Temporary Easement Administrative Recommendation: Introduce and adopt Resolution No. 2674. Background Summary: Resolution No. 2674 authorizes the Mayor to execute a temporary easement between the City of Auburn and the State of Washington Department of Transportation for the purpose of reconstructing an existing road approach at SR18, SE 304th Street interchange. Fil .1, A5.6~~ W1002-1 PW/C Reviewed by Council Committees & Commissions: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: _ Airport _ M&O Hearing Examin. _ Finance - _ Building _ Mayor Human Resources Municipal Services _ Cemetery _ Parks Library Board _ Planning & CD _ Finance _ Personnel Park Board Public Works Fire _ Planning Planning C mm.: Legal _ Police Other Library Public Works Approved _ Call f r Hearing Referred to Until Committee Approval Yes No Tabled Until Councilmember: Wagner Staff: Currie Meeting Date: 9/25/95 Item Number: VI1.B.3 Page: 1 11 2 3 4' 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 2 6 7 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY EASEMENT BETWEEN THE CITY OF AUBURN AND THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF RECONSTRUCTING AN EXISTING ROAD APPROACH AT STATE ROUTE 18, S.E. 304TH STREET INTERCHANGE. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor of the City of Auburn is herewith authorized to execute a Temporary Easement between the City of Auburn and the State of Washington Department of Transportation for the purpose of reconstructing an existing road approach at State Route 18, S.E. 304th Street Interchange. A copy of said Easement is attached hereto and denominated Exhibit "A" and incorporated herein. section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 2nd day of October, 1995. CITY OF AUBURN CHARLES A. BOOTH MAYOR Resolution No. 2674 September 19, 1995 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 2674 September 19, 1995 Page 2 TEMPORARY EASEMENT State Route 18, S.E. 304th Street Interchange Vicinity The Grantor, CITY OF AUBURN, a municipal corporation, for and in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS, and other valuable consideration, conveys and warrants unto the STATE OF WASHINGTON, and its assigns, a Temporary Easement over, under, upon and across the hereinafter described lands for the purpose of reconstructing an existing road approach, to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington. The temporary rights herein granted shall terminate on December 31, 1998. Said lands being situated in King County, State of Washington, and described as follows: See Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this Temporary Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by the Director of Real Estate Services. Dated Accepted and Approved: STATE OF WASHINGTON Department of Transportation CITY OF AUBURN , 1995 By: By: CHARLES A. BOOTH, Mayor Joachim Pestinger, SR/WA APPROVED AS TO FORM Director, Real Estate Services )-J44 Date: B Michael J. Reynolds Title: Auburn City Attorney Page 1 of 3 pages F.A. No. F-018( ) Parcel No. 1-15118 TEMPORARY EASEMENT STATE OF WASHINGTON County of King ss. On this day of , 1995, before me personally appeared CHARLES A. BOOTH and , to me known to be the duly elected and qualified Mayor and of the City of Auburn, Washington who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that they were authorized to execute said instrument by resolution of the Mayor and City Council of said City, and that the seal affixed is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington, residing at My Appointment expires Page 2 of 3 pages F.A. No. F-018( ) Parcel No. 1-15118 TEMPORARY EASEMENT EX M[BIT A All that portion of the hereinafter described PARCEL "A" lying easterly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) C 143+50 on the C Line survey of SR 18, S.E. 304th Street Interchange Vicinity, and 46 feet westerly therefrom; thence northerly parallel with said C Line survey 400 feet to a point thereon and the end of this line description. PARCEL "A" The east 396.03 feet of the south 246.02 feet of the northeast quarter of the northeast quarter of the northeast quarter of Section -9, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion conveyed to King County for road purposes by Deed recorded under Recording Number 2680899. The lands herein described contain an area of 2,230 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval December 16, 1994, revised March 17,1995, with revision pending to delineate this transaction. It is understood and agreed that the State of Washington will reconstruct the existing road approach on the westerly side of said Highway at or near HES C 144+50, which APPROACH shall be maintained between the right of way line and the shoulder line of said Highway by the Grantors, their successors, or assigns. The Grantors herein further grant to the, State of Washington, or its agents, the right to enter upon the Grantors' remaining lands where necessary during project construction to construct said road approach. Reviewed: Date: Page 3 of 3 pages F.A. No. F-018( ) Parcel No. 1-15118 2063247650 HALLAUER DETERNINATION OF VALUE NO. -5 To: Director, Rest Estate services 534 P02 SEP 11 195 10:40 Parcel No. 1.15115 Federal Aid No. Project: sR 18. SE 304TH ST INTERCHANGE VICINITY From: Merry Hallsuer Review Appraiser WSDO1 Map Sheet 10 of 17 Sheets Map Approval Date: 12/16196 The following appraisals have been made on subject property. Date of last map revision: REDLINE CZ Appraiser Date of Before After Just Appraiser's Altor:oLimi Valuation Value Value Compensation Taking Damages 1 Leslie Bloomer 11/2/94 t 82-7DO S 73.700 f 9.000 S 9.000 f -0- The following determinations of val ue have been made on the subject property- REVIEW APPRAISER AMOUNT SIGNATURE DATE REVISED AMOUNT DATE REVISED /MOUNT DATE Meriv Hanauer (1) 510 <00 12/29/94 (2) 10,800 2,/21/95 (3) s5.400 6/ 27195 (6) 54,300 8/23/95 This is a FIFTH DETERMINATION OF VALUE due to a plan revision. The 2,2306f easement for drainage is changed to a temporary construction easement with a term of three years. According to Jeff Brauns, it will not be necessary to remove the chaintink fence. If the fence is inadvertently damaged, repair of the fence will be a construction contract item. The construction activities will be around the driveway at the southend of the property. Site improvements are not expected to be impacted according to engineering. Compensation is adjusted herein to refelect the anticipated plan change and new information obtained from WSDOT engineering. Applying a rental rate of 8% to the 2,230sf easement area for the 3-year term calcluates to $500 (2,230sf x .08/yr x 51.00/0 x 3yr). No meet to site improvements is expected. Just Compensation: Acquisition: temporary construction easement $500(r) Total ALL ELSE REMAINS UNCHANGED FROM DV 01,02,0," INCLUDING THE DATE OF VALUE. REVIEWER'S DETERMINATION OF VALUE: Reviewer's allocation of just compensation: Value Before Acquisition S_9_3,1_50 Acquisition S 500 Value After Acquisition S-29.0_0 Damages S0- JUST COMPENSATION S 500 AS OF November 2. 1996 (Date) 1, the review appraiser, certify that, to the best of my knowledge and belief: * the facts and data reported by the review appraiser and used in the review process are true and correct. * the analyses, opinions, and conclusions in this review report are limited only by the assumptions and limiting conditions stated in the report, and are my personal unbiased professional analyses, opinions, and conclusions. * I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. * my compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this review report. • ary analyses, vpinloiw, and conclwions were developed and this review report war propared in conformity with the Uniform Standards of Professional Appraisal Practice. * I did (did not) personally inspect the subject property of the report under review. * no one provided significant professional assistance to the person signing this review report. I further certify that I understand the determination is to be used in conjunction with a federal aid highway project and because of items coapensable under state law, but not eligible for Federal reidwrsement, of the approved just compensation is ineligilble for federal reimbursement. Washington State-certified general real estate appraiser certificate number: 270-11 HALLAME52606 Signature Review Appraiser, w4hingt late Department of Transportation / s` Date / f f T i , To: Robin Wohlhueter@Finance@Admin Cc: Mitch Legel@Engineer@Admin Bcc: From: Caroline Bergt@Engineer@Admin Subject: RES.2674 WSDOT temp easement Date: Tuesday, October 3, 1995 14:53:58 PDT Attach: Certify: N Forwarded by: Robin, are you going to record the easement? I would like a signed copy before it goes out for recording to forward to WSDOT please. Mitch has some coordinating to do with them and will need that. Thanks pt, A0A < ti To: Robin Wohlh eter@Finance@Admin Cc: Subject: Resolut~i,on` No. "2674 From: Mitch Le el@Engineer@Admin0 Attach: Date: Thursday, October 5, 1995 8:59:44 PDT File Edit Search Special Please forward to me the executed Temporary Construction Easement, by the Mayor, as described in said resolution. Along with the executed easement, I will forward to the State of Washington those documents necessary for the payment of compensation due the City of Auburn in the amount of $500.00. The State will need to sign the easement prior to the recording of the document. Thanks, call if any questions @ 5070. nw