HomeMy WebLinkAbout5752 RESOLUTION NO. 5752
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A TEMPORARY CONSTRUCTION EASEMENT
BETWEEN THE CITY OF AUBURN AND THE CENTRAL
PUGET SOUND REGIONAL TRANSIT AUTHORITY OVER
CITY-OWNED PROPERTY LOCATED AT 11 A STREET NW
WHEREAS, the Central Puget Sound Regional Transit Authority, also known as
"Sound Transit", is pursuing the Auburn Station Parking and Access Improvements
project (the "Project") within the boundaries of the City of Auburn, to provide enhanced
access to Sound Transit's Auburn Sounder station for the benefit of residents of and
visitors to the City of Auburn and surrounding communities; and
WHEREAS, the Project includes the construction by 2027 of a new parking garage
located at 1st Street Northwest; and
WHEREAS, Sound Transit is in the process of acquiring certain property rights
necessary to complete the Project; and
WHEREAS, Sound Transit requires a Temporary Construction Easement ("TCE")
within, over, through, under and upon a surface level parking lot owned by the City and
located at 11 A Street NW, which is adjacent to the Project site, for the purposes of
staging, parking, laydown space and the siting of a temporary construction office; and
WHEREAS, Sound Transit and the City have negotiated a price for the TCE based
upon the fair market value as determined through an appraisal and review appraisal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Resolution No. 5752
December 12, 2023
Page 1 of 2
Section 1. The Mayor is authorized to execute a Temporary Construction
Easement, in substantial conformity to the one attached as Exhibit A, between the City
and the Central Puget Sound Transit Authority.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: �oknUAY 2, ,202Li
CITY OF AUBURN
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ATTEST: APP' • °' e� Me •' V •:
Shawn Campbell, MMC, City Clerk Hare Boesche, A ng City A ttorney
Resolution No. 5752
December 12, 2023
Page 2 of 2
•
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): 'City of Auburn, a municipal corporatior
Grantee: Central Puget Sound Regional Transit Authority
Abbreviated Legal Description: !Lots 1, 2 and 3, Block 2, First Addition to the Town of
Slaughter, according to the plat thereof recorded in
Volume 2 of Plats, Page 84, records of King County,
Washington.
Assessor's Tax Parcel No(s): 17816200100
ROW No(s): ASTI04,,
ICity of Auburn, a municipal corporation;, ("Grantor"), is the owner of real property
located in the City of Auburn! commonly known as 11 A St NW, Auburn WA 980011, and more
particularly described in the legal description attached as Exhibit "A'j,1: 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 ;Commuter Rail, system. Grantee is constructing a
portion of the ICommuter Rail', system called the 'Auburn Station Parking and Access
Improvement("Project").
Grantee desires to use a certain portion of the Property in connection with the construction,
operation and maintenance of the Commuter 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,
ROW#:AST104
Page 1 of 6
more particularly described in the attached Exhibit"B"1,land depicted in Exhibit"Cu[ [("Easement
Area").
2. Purpose of Easement. Grantee, its contractors, agents, and permittees may use
the Easement Area, including entry into improvements located in the Easement Area, for the
purpose of staging, parking, temporary construction office(s) and laydown space (collectively
"Grantee's Work"). Grantee may fence all or a portion of the Easement Area from time to time
during the performance of Grantee's Work. Grantee shall also be permitted to establish temporary
power brought to and utilized in the Easement Area as needed in connection with Grantee's Work.
Grantee shall at all times ensure that use of the Easement does not unreasonably interfere with
Grantor's access to the Property or the public's access to King County parcels 7816200130 &
7816200115 from the adjacent public right-of-way.
In the event Grantee's temporary power utility connection work requires access to
portions of the Property in addition to that depicted in Exhibit C, Grantee may enter 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. In the event vegetation (including: trees, shrubs and plants) or
"Improvements" (defined as "all things built or placed under, upon or above the surface of the
Property") in the Easement Area are disturbed, damaged or removed by Grantee, Grantee shall,
prior to the expiration of the Initial Term, or any Extension Terms as defined below, and at its sole
cost restore them to a condition that is as good as or better than that which existed prior to
Grantee's use, or as separately agreed; provided, however, that such restoration shall be
consistent with Grantee's project improvements.
During the Initial or any Extension Term, Grantee may, on an interim basis, restore
the Easement Area to a reasonably safe and sanitary condition.
4. Term of Easement. The initial term of the Easement (the "Initial Term") shall
commence upon mutual execution of this agreement. During the Term(s), Grantor shall not make
any material modifications or improvements to the physical condition of the Easement Area that
would interfere with Grantee's purposes described in Paragraph 2. Grantee will provide thirty(30)
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 Twenty Fourj (241)consecutive months (the "Construction Period"). During the
Construction Period, Grantee's use of the Easement Area shall be exclusive. This Easement will
remain in effect until[December 31, 2020 or until completion of restoration of the Easement Area,
if any, as provided for in Section 3 of this Easement, whichever occurs first. Grantee may, at its
option, extend the Term ("Extension Term"), including the exclusive Construction Period, for up
to two (2) additional Three,(3) month extensions by providing Grantor with an "Extension Notice"
three (3) months in advance of the expiration of the Initial Term for the 1st Extension Term and
30-days prior to the expiration of the 1st Extension Term for the 2nd Extension Term.
ROW#:AST104
Page 2 of 6
5. Payment for Easement. Grantee will pay Grantor[One Hundred Ninety Eight
Thousand Seven Hundred[ and j00O100ths Dollars ($198,700.00) upon recording of this
Easement. If Grantee requires extension(s) of the Easement term(s) as provided for in Section 4
to complete Grantee's Work or Restorations, Grantee will pay Twenty Three Thousand One
Hundred Fifty[and;00f100ths Dollars ($123,150.00) for each Extension Term that Grantee uses
the Easement Area for the purpose described in Paragraph 2.
6. Representations and Indemnifications. Grantee will exercise its rights under this
Easement in accordance with the requirements of all applicable statutes, orders, rules and
regulations of any public authority having jurisdiction. Grantee will indemnify Grantor from and
against any and all claims, costs, liabilities, remedial expenses, and damages that arise from the
exercise of the rights granted in this Easement to 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 apply only to the extent that any such claims,
costs, liabilities and damages arise from Grantee's negligence or that of Grantee's employees,
agents and contractors.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Easement.
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 such parties abide
by the terms of this 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. Grantee must maintain for the duration of this Easement, as proved in
section 4, and 30 days thereafter insurance against claims for injuries to persons or damage to
property which may arise from or in connection with Grantee, its agents, contractors and
permittees exercising Grantee's rights under this Easement within the Easement Area and
performance by Grantee of the indemnity agreement set forth in Section 6. Grantee's insurance
will be at least as broad as ISO occurrence form CG 00 01 and will cover liability arising from
premises, operations, stop-gap independent contractors, products-completed operations,
personal injury and advertising injury, and liability assumed under an insured contract. The City
will be named as an additional insured under the Grantee's insurance policy using an additional
insured endorsement at least as broad as ISO Additional Insured endorsement CG 20 26. The
policies are to contain, or be endorsed to contain, that Grantor's insurance coverage will be
primary insurance as respects the Grantee. Any insurance, self-insurance, or self-insurance pool
coverage maintained by the Grantor will be excess of the Grantee's insurance and will not
contribute to it.
The insurance will be written with limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate. If the Grantee maintains higher insurance limits than these amounts, the full
limits of Commercial General and Excess or Umbrella liability maintained by the Grantee shall be
available for claims arising from or connected with the rights granted by this Easement and
ROW#:AST104
Page 3 of 6
performance of the indemnity agreement, irrespective of any certificate of insurance furnished to
the City evidencing limits of liability lower than those maintained by the Grantee. Further,
Grantee's maintenance of insurance as herein required will not be construed to limit the liability
of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse
to any remedy available at law or in equity.
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.
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, the prevailing party in such litigation will be entitled to be
reimbursed for all 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 of;Kind
County, Washington within thirty (30) calendar days of this documents mutual execution.
[SIGNATURES ON FOLLOWNG PAGES]
ROW#:AST104
Page 4 of 6
(Dated and signed this 2 day of Aar AMA , 20 2I .
Day Moth Year
Grantor: City of Auburn, a municipal corporation
By: Xl\t/t400/14,4
Its:
STATE OF WASHINGTON }
} SS.
COUNTY OF KING }
I certify that I know or have satisfactory evidence that N anCV\ ‘bot 4(S and
(is/are) the person(s) who appeared before me, and said
person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she
is /they are) authorized to execute the instrument and acknowledged it as the
Q�OV and of
'Ch\, CA-\\,1 bk Math to be the free and voluntary act of such
party for the uses and pill-poses mentioned in this instrument.
Dated: 01 - 0(2-- 2021-1
• Signature: IGAANA-04V(04
Notary Public 1
i State of Washington Notary Public in and for the State of Washington
x HANNAH SCHOLL i Notary (print name): RYNOI-� I SO ` k 1
i LICENSE#202199 '
MY COMMISSION EXPIRES i Residing at: KIYV' CR1r v
SEPTEMBER 19,2026 (A- VI.- 2o21p j
My appointment expires:
i
ROW#:AST104
Page 5 of 6
Dated and signed on this day of , 20
Day Month Year
Grantee: Central Puget Sound Regional Transit Authority
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 for the
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#:ASTI 04
Page 6 of 6
Exhibit"A"
Legal Description
AST No. 104
PIN 7816200100
C1TY OF AUBURN
Grantor's Parcel:
LOTS 1,2 AND 3,BLOCK 2,FIRST ADDITION TO THE TOWN OF SLAUGHTER,ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE 84,RECORDS OF KING COUNTY,
WASHINGTON.
Exhibit"B"
Easement Area
AST No.104
PR 7816200100
CITY OF AUBURN
Temporary Construction Easement Area:
OVER THE ENTIRE GRANTOR'S PARCEL(SAID PARCEL BEING DESCRIBED IN EXHIBIT"A").
CONTAINING: 16,200 SQUARE FEET,MORE OR LESS
Exhibit"C"
Easement Area Depiction
TEMPORARY CONSTRUCTION EASEMENT
SE 114 NE1J4SEC 13.T21N,R4E,WM.
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