th avenue roundabout, project parcel 059022011 from …

RESOLUTION NO. 2910

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFBONNEY LAKE, PIERCE COUNTY, WASHINGTON, ACQUIRINGRIGHT OF WAY FOR THE SR 410-214TH AVENUEROUNDABOUT, PROJECT PARCEL 059022011 FROM FIFEINVESTMENTS LLC.

WHEREAS, Public Services staff has listed the right of way acquisition of landfor the construction of the SR 410-214th Avenue Roundabout in the 2020-2021 Biennial budget; and

WHEREAS, in February of 2019 the Council approved a contract with SCJAlliance to complete an Interchange Evaluation (ICE) for the SR 410-214th Avenue intersection per Resolution 2722; and

WHEREAS, on April 23, 2019 WSDOT approved the Right of Way AcquisitionProcedures; and

WHEREAS, in May of 2019 SCJ Alliance completed the ICE and determined thata Roundabout (RAB) was the intersection treatment for SR 410 and 214th Avenue; and

WHEREAS, in November of 2019 SCJ Alliance completed the right of way planfor the future RAB and the necessary right of way takes; and

WHEREAS, in December of 2019 the Council approved a contract with UniversalField Services to negotiate with the property owners for the right of way necessary toconstruct the future RAB; and

WHEREAS, Project Parcel #0519022011 owned by Fife Investments LLC haveagreed to sell 587 sf of land in fee for the sum of $30,750.00

NOW THEREFORE, BE IT RESOLVED that the City Council of the BonneyLake does hereby authorize the Mayor to sign the attached documents to convey the rightof way to the City of Bonney Lake.

PASSED by the City Council this 9th day of March, 2021.

________________________________Neil Johnson Jr., Mayor

AUTHENTICATED:

________________________________Harwood T. Edvalson, City Clerk

Version Feb. 2018

City of Bonney Lake, Washington City Council Agenda Bill (AB)

Department/Staff Contact: PS / John Woodcock

Meeting/Workshop Date: 9 March 2021

Agenda Bill Number: AB21-36

Agenda Item Type: Resolution

Ordinance/Resolution Number: 2910

Sponsor:

Agenda Subject: Acquire Right of Way for the SR410-214th Avenue Roundabout from Fife Investments LLC.

Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, To Acquire Right Of Way For The SR410-214th Avenue Roundabout From Fife Investments LLC.

Administrative Recommendation: Approve

Background Summary: WSDOT prepared the SR 410 Congestion Relief Study in 2018 which recommended roundabout (RAB) intersections as the appropriate intersection control type along SR 410 east of the 234th Avenue and SR 410 intersection.

The City of Bonney Lake has been planning to upgrade the signal at the intersection of 214th Avenue East and SR 410 for the past fifteen years. WSDOT now requires an Intersection Control Evaluation (ICE) before an intersection control type is determined.

The City has recently completed the ICE. The existing traffic signal, the traffic signal with improvements, and roundabout control were assessed. The existing traffic signal will operate at level of service (LOS) D for the opening year and LOS E in the horizon year. (LOS is a measure of traffic flow, LOS A is best condition, LOS F is failure.) The traffic signal will operate at LOS D or better for the opening year and horizon year. The RAB operates at LOS A for the opening year and LOS B in the horizon year.

The traffic signal option with improvements will cost approximately $5,000,000 and the RAB will cost approximately $3,500,000. The RAB alternative is the safest and consistent with the WSDOT SR 410 Corridor Study.

Right of way (ROW) takes have been determined and funding for the ROW has been budgeted in the 2020-2021 budget cycle.

The City's real-estate acquisition team has negotiated with the owners of Tax Parcel #0519022011 and they have agreed to sell their portion of land to the City. Attachments: Resolution, Statutory Warranty Deed, Excise Tax Affidavit, Parcel Title Risk Analysis, Real Property Voucher, Map

BUDGET INFORMATION Budget Amount

$90,000 Current Balance

$46,520 Required Expenditure

$30,750 Budget Balance

$15,770 Fund Source

General Utilities Other

Budget Explanation: Street CIP: Eden - 301.099.042.595.20.63.01 - SR410-214th Roundabout Interchange Revenue Source:Street Fund: REET and Traffic Impact Fees

COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Community Development

Date: 2 March 2021 Approvals: Yes No

Chair/Councilmember Dan Swatman

Version Feb. 2018

Councilmember Michelle KeithCouncilmember Tom Watson

Forward to: Consent Agenda: Yes No

Commission/Board Review:Hearing Examiner Review:

COUNCIL ACTIONWorkshop Date(s): Public Hearing Date(s):Meeting Date(s): Tabled to Date:

APPROVALSDirector:Ryan Johnstone

Mayor:Neil Johnson Jr.

Date Reviewedby City Attorney:(if applicable)

TRANSMITTAL UNIVERSAL FIELD SERVICES, INC. 111 MAIN STREET SUITE 105 EDMONDS, WA 98020 Tel: (425) 673-5559 Fax: (425) 673-5579 [email protected]

FIELD SERVICES, INC.

DATE:

TO:

FROM:

RE:

February 16, 2021

John Woodcock, City of Bonney Lake

Brenda legman, Sr. Administrative Specialist

SR 410 & 214thSt E Roundabout Project Project Parcel #051902-2011 / Fife Investments, LLC

1) Please coordinate signature and return fully executed originals to Universal:

[gl Warranty Deed [gl Excise Tax Affidavit [gl Title Report Review Form (Parcel Title Summary Memo) [gl Real Property Voucher (please return signed copy to Universal)

2) Please forward to your Accounting Department:

[gl Real Property Voucher (please retain original) [gJ W-9*

DO NOT forward payment to property owner until you are notified by Universal

3) Check:

Once you have the check payable to the property owner, please send to me electronically at [email protected] and I will notify the title company to record the documents.

4) Recording and Release of Payment:

When I receive the recording numbers, I will notify you by e-mail to remit the check by certified mail to:

Fife Investments LLC 6010 S Eddy St Seattle, WA 98118-3030

5) Owner's Policy:

Rainier Title will issue a standard form of Owner's policy of title insurance in the amount of $ 20,545.00 insuring City of Bonney Lake as owners of the estate (fee) conveyed.

Please do not hesitate to contact me if you have any questions.

*NOTE: Please retain the original W-9; it contains Private Personal Information and the original is provided for your Accounting Department records. For security purposes, we shred file copies of the W-9 upon confirmation of payment. A copy of the W-9 will not be included in the final paper or electronic acquisition folder.

After recording return document to:

City of Bonney Lake Attn: City Clerk 9002 Main St E Bonney Lake, WA 98391

Document Title: Warranty Deed Reference Number of Related Document: Grantors: Fife Investments, LLC Grantee: City of Bonney Lake Legal Description: Ptn of Gov't Lot 4 in STR 2-19-SE, W.M., Pierce County, WA Additional Legal Description is on Page 4 of Document. Assessor's Tax Parcel Number: 051902-2011

WARRANTY DEED

The Grantors, Fife Investments, LLC, a Washington limited liability company, for and in consideration of the sum of TEN AND NO/100 ($10.00) Dollars, and other valuable consideration, hereby convey and warrant to the CITY OF BONNEY LAKE, a Washington municipal corporation, its successors and assigns, Grantee, the following described real property situated in Pierce County, in the State of Washington, under the imminent threat of the Grantee's exercise of its rights of Eminent Domain:

For legal description see Exhibit A and depicted in Exhibit B attached hereto and made a part hereof.

For Indemnity Agreement see Exhibit C attached hereto and made a part hereof.

It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Bonney Lake unless and until accepted and approved hereon in writing for the City of Bonney Lake, by its authorized agent.

LPA-302 10/2014

Page 1 of7 Pages Parcel No. 051902-2011

WARRANTY DEED

The Grantor hereby requests the Assessor-Treasurer of said County to set-over to the remainder the lien of all unpaid taxes, if any, affecting the real property hereby conveyed, as provided by RCW 84.60.070.

Date:_---.l/~2-_I __ L_2._( _, _

Fife Investments, LLC

By: David E. Behar Its: Managing Member

STATE OF WASHINGTON ) : ss

County of \<.. ~ ,.... ~ ) '--

On this~ day of '5 • ,.. -., _.1 20 ~' before me personally appeared David E. Behar to me known to be the Managing Member of the corporation that executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he authorized to execute said instrument.

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 ~ ct. c.. ~~ \ ,

My commission expires \ ).. . ~ , '";L'.')__

LPA-302 10/2014

Page 2 of7 Pages Parcel No. 051902-2011

EXHIBIT A RIGHT OF WAY ACQUISITION

NW 1/4 OF THE NW 1/4 SEC. 02, T. 19 N., R. 05 E., W.M. CITY OF BONNEY LAKE, PIERCE COUNTY, WA

A PORTION OF PIERCE COUNTY ASSESSOR'S PARCEL NUMBER 0519022011, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 19 NORTH, RANGE 05 EAST, W.M., AND BEING FURTHER DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF SR 410 WESTERLY STATION 398+83.75 AND 214TH AVE. E. STATION 10+00, PER RIGHT OF WAY PLAN FOR SR 410, 184TH AVE. E. TO 214TH AVE. E., APPROVED APRIL 13, 1989; THENCE NORTH 01'43'34" EAST 162.95 FEET ALONG SAID CENTERLINE OF 214TH AVE. E., ALSO BEING THE WEST LINE OF SAID SECTION 2; THENCE SOUTH 88"16'26" EAST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 214TH AVE. E. TO THE TRUE POINT OF BEGINNING:

THENCE SOUTH oo·os· 49" EAST 26.15 FEET; THENCE SOUTH 12"26'39" EAST 5.26 FEET; THENCE SOUTH 30"16'56" EAST 21.38 FEET; THENCE SOUTH 18"44'59" EAST 4.02 FEET; THENCE SOUTH 08"56'11" EAST 4.85 FEET; THENCE SOUTH 29'19'33" EAST 33.45 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SR 41 O; THENCE NORTH 83'48'42" WEST 20.71 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO SAID EASTERLY RIGHT OF WAY LINE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF 214TH AVE. E. THE FOLLOWING THREE (3) COURSES: THENCE NORTH 07'50'53" WEST 41.23 FEET; THENCE SOUTH 84' 44'54" WEST 5.55 FEET; THENCE NORTH 01'43'34" EAST 44.96 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 587 SQUARE FEET, MORE OR LESS.

Page 4 of7 Pages

EXHIBIT B RIGHT OF WAY ACQUISITION


I w w 30' ~

J- :r: T.P.0.B. !;;: N

s00·05•49•E 26.15'

APN 0519022011

- - - S84' 44'54"W 5.55'

N07'50'53"W 41.23' • •

II) IX)

~ ~ CD CD - -

214TH AVE. E. 10+00 SR 410 398+83.75 P.O.T. ----

TOTAL AREA

SR 410

= 587 SQ. Ff.

\ / SR 410 398+83.75 P.O.T.

LEGEND POINT OF COMMENCEMENT TRUE POINT OF BEGINNING RIGHT OF WAY ACQUISmON AREA

EXISTING RIGHT OF WAY LINE PROPOSED RIGHT OF WAY LINE

CENTERLINE

PROPERTY LINE

PIERCE COUNTY TAX PARCEL NUMBER Page 5 of7 Pages

0

0 IX)

---- 50'

P.0.C. T.P.O.B. vzzzzzzzzza

APN 0519022011

1" = 50' /-f,--2.()

Parametrix

EXHIBITC

INDEMNITY AGREEMENT

Whereas, the City of Bonney Lake ("Grantee") is acquiring the property, legally described in the above-referenced Warranty Deed to which this Agreement is Exhibit C ("Property") from Fife Investments, LLC ("Grantor"), for the purpose of installing a roundabout at the intersection of SR410 and 214th Avenue East in Bonney Lake, Washington ("City's Work"); and

Whereas, Grantor desires assurances from Grantee that modifications and improvements to the Property shall not be detrimental, either aesthetically or structurally, to Grantor's adjacent property and improvements thereon including without limitation parking and future building slabs/foundations ("Center"); and

Whereas, Grantor further desires that Grantee hold it harmless and indemnified from and against any liability or casualty resulting from City's Work on the Property.

NOW, THEREFORE, the parties agree as follows:

A. It is anticipated City's Work will involve cutting into the existing slope to reduce the grade of the Property, requiring installation of a retaining structure between the Property and the Center. Grantee agrees to promptly repair any physical damage to the Center, caused by City's Work on the Property and in the adjacent public right-of way, following discovery thereof, and to repair and/or restore the Center to the same or better condition as pre-existed the damage. Grantor agrees to allow the Grantee to have access to the Center, to the extent necessary to perform the repair and/or restoration.

When plans for City's Work are completed, City will provide Grantor with a copy of design documents, reasonably demonstrating aesthetic and structural detail for the Property.

B. City hereby agrees to defend, indemnify and save Grantor, its successors, assigns and business invitees harmless from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Grantor, its successors, assigns and business invitees in defense thereof, arising directly or indirectly on account of or out of acts or omissions of Grantee, its contractors, agents or employees in the completion, and/or as a result, of the Work; provided, however, this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property, to the extent caused by or resulting from the intentional acts or gross negligence of Grantor, its successors or assigns.

C. The benefits and burdens of this Indemnity Agreement shall run with the land conveyed by the deed to which this Agreement is Exhibit C, and shall be binding upon the heirs, executors, administrators, personal representatives, transferees, successors in interest or assigns of the parties hereto and shall not be extinguished with the passage of time or transfer of any interest in the Property or the Center.

Page 6 of 7 Pages

EXHIBIT A RIGHT OF WAY ACQUISITION


A PORTION OF PIERCE COUNTY ASSESSOR'S PARCEL NUMBER 0519022011, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 19 NORTH, RANGE 05 EAST, W.M., AND BEING FURTHER DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF SR 410 WESTERLY STATION 398+83.75 AND 214TH AVE. E. STATION 10+00, PER RIGHT OF WAY PLAN FOR SR 410, 184TH AVE. E. TO 214TH AVE. E., APPROVED APRIL 13, 1989; THENCE NORTH or 43'34" EAST 162.95 FEET ALONG SAID CENTERLINE OF 214TH AVE. E., ALSO BEING THE WEST LINE OF SAID SECTION 2; THENCE SOUTH 88' 16'26" EAST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 214TH AVE. E. TO THE TRUE POINT OF BEGINNING:

THENCE SOUTH 00'05' 49" EAST 26.15 FEET; THENCE SOUTH 12'26'39" EAST 5.26 FEET; THENCE SOUTH 30'16'56" EAST 21.38 FEET; THENCE SOUTH 18'44'59" EAST 4.02 FEET; THENCE SOUTH 08'56'11" EAST 4.85 FEET; THENCE SOUTH 29'19'33" EAST 33.45 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SR 41 O; THENCE NORTH 83' 48' 42" WEST 20. 71 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO SAID EASTERLY RIGHT OF WAY LINE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF 214TH AVE. E. THE FOLLOWING THREE (3) COURSES: THENCE NORTH 07'50'53" WEST 41.23 FEET; THENCE SOUTH 84'44'54" WEST 5.55 FEET; THENCE NORTH or43'34" EAST 44.96 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 587 SQUARE FEET, MORE OR LESS.

FIELD SERVICES, INC.

Northwest Division - Washington

111 Main Street, #105 Edmonds, WA. 98020

Office: 425-673-5559 Fax: 425-673-5579

www.ufsrw.com

Parcel Title and Risk Analysis Summary

Date: January 27, 2021

RE: Parcel Title Summary and Risk Analysis Memo - Schedule B - Special Exceptions

Reviewed by: Sam Meldrum

Project Name: City of Bonney Lake - SR41 O & 214th Street E RAB #101066

Project Parcel No.: Fife Investments, LLC - TID # 051902-201-1

Supplemental Commitment No. 1 to Second Report Dated January 26, 2021 Second Report dated March 26, 2020 Alta Commitment Title Report# 769186RT, Dated February 27, 2020

Property Owner: Fife Investments, LLC

D Reviewed - No Comments or concerns on exceptions

1:8] Reviewed - See Comments

Comments: Fee Acquisition

Exception Risk Analysis and City of Bonney Lake Number Exception Description Recommended Action Comments

1 Real Estate Excise Tax DELETE: City exempt by statute. Low Risk.

2 General Taxes - 2020 DELETE: Set over clause in (051902-201-1) deed. Low Risk. Liability of any Personal DELETE: Responsibility of

3 Property Tax (RCW Personal Property Tax remains 84.56.070) with the underlying property

owner. Low Risk. Confirmation of Legal DELETE: Parties confirm the

4 Description legal description provided by the title company. Low Risk.

Proof of Authority - Fife DELETE: Certificate of Investments, LLC Formation, Operating Agreement

5 & modifications and amendments to be provided to title company prior to closinq. Low Risk.

Proof of parties required to DELETE: Proof of authority to be 6 sign on behalf of Fife provided to title company prior to

Investments, LLC closino. Low Risk. Unrecorded leaseholds, if any DELETE: Owner's affidavit

7 provided to title prior to closing. Low Risk.

Matters of Security Interests - DELETE: Recommend a UCC 8 ucc search be performed prior to

closing. Low Risk.

Version 3/2016


Deed of Trust (AFN SUBJECT TO: Owner to provide

9 200208080844) form 333a - Acknowledgement of Not Contacting Lender. Low Risk.

Deed of Trust (AFN SUBJECT TO: Owner to provide

10 201509300072) form 333a - Acknowledgement of Not Contacting Lender. Low Risk.

Assignment of Leases & SUBJECT TO: Owner to provide 11 Rents (AFN 201509300073) form 333a - Acknowledgement

of Not Contacting Lender. Low Risk.

No pertinent matters of record DELETE: Information purposes 12 were found against vested only. Low Risk.

owners No conveyances found within DELETE: Information purposes the last 36 months. Vesting only. A review of the vesting

13 Deed: AFN 9705020181 deeds reveals no apparent conflicts with the project. Low Risk.

Proposed Insured not DELETE: Proposed Insured (City

14 provided. of Bonney Lake) has been submitted to Title Company. Low Risk.

Reservation of Coal and SUBJECT TO: Subject To - City 15 Mineral Rights (AFN to accept per Section 8-4.5.2 (b)

1867616) of the WSDOT R/W manual. Low Risk.

Easement for Communication SUBJECT TO: Easement is Facilities - Pac. NW Bell located in the Southwest corner (AFN 8509060204) (S 1 0' of W 1 0') of the subject

16 property and in conflict with the project. City Engineer to relocate or provide protection for any such facilities. Low Risk.

Easement for Underground SUBJECT TO: Easement is Electric - PSE (AFN located in the Southwest corner 8605050191) (N 15' of S 25' of W 1 0') of the

17 subject property and in conflict with the project. City Engineer to relocate or provide protection for any such facilities. Low Risk.

Version 3/2016


WSDOT Easement for Pac. SUBJECT TO: Easement is NW Bell Underground located in the Southwest corner Communication lines, Ingress (S 1 0' of W 1 0') of the subject

18 & Egress (AFN 8605060302) property and in conflict with the project. City Engineer to relocate or provide protection for any such facilities. Low Risk.

Right to Enter disclosed by DELETE: Does not pertain to 19 Warranty Deed (AFN ROW. Low Risk.

9201310407) Memo of Lease (AFN DELETE: This lease has been 9407050317) terminated and has no effect on

20 Lease Termination (AFN the project. Low Risk. 9411 030677) - Terminated on October 28, 1994

21 Utility Service Annexation DELETE: Does not pertain to Covenant (AFN 9511130250) ROW. Low Risk. Customer Service Easement SUBJECT TO: Easement is "as- for Overhead and constructed" in nature, 1 0' wide Underground Electric - PSE and therefore the location is not

22 (AFN 9610180374) specified. City Engineer to determine if any electric utilities conflict with the project and if so relocate or provide protection for any such utilities. Low Risk.

Washington Natural Gas SUBJECT TO: Easement is "as- Easement (AFN constructed" in nature, 5' wide 9702260112) and therefore the location is not

23 specified. City Engineer to determine if any gas utilities conflict with the project and if so relocate or provide protection for anv such utilities. Low Risk.

Memo of Agreement - Private SUBJECT TO: Location of Storm Storm Drainage (AFN Drainage utilities not disclosed. 9705120362) City Engineer to determine if any

24 such utilities conflict with the project and relocate or provide protection for any such facilities. Low Risk.

Matters disclosed by Survey SUBJECT TO: A review of the

25 (AFN 8802160371) survey reveals no apparent impacts or conflicts to the project. Low Risk.

General Taxes 2021 (Tax DELETE: Responsibility to pay Parcel No. 051902-201-1) taxes will remain with the

26 property owner. Set over clause in deed as to the portion being acauired. Low Risk.

Version 3/2016

FIFE SALE TO CITY OF BONNEY LAKE / EVALUATION-SALE FEE & REIMBURSEMENT 1/25/21

Square Footage Sold

Value Per Square Foot Total Sale Price

587 $51.11 $30,000.00

FIVE PERCENT (5%) FACILITATION FEE TO MANAGER

$1,500.00

STATUTORY EVALUATION ALLOWANCE/ REIMBURSEMENT FROM CITY OF BONNEY LAKE

$750.00

NET PAYMENT TO MANAGER FROM FIFE INVESTMENTS, LLC

$750.00

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th avenue roundabout, project parcel 059022011 from …

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