HomeMy WebLinkAboutILA - Port of Pasco - Argent Road Project Phase I Interlocal (12001)CITY OF PASCO
INFORMATIONAL COVER SHEET FOR
DOCUMENTS REQUIRING CITY MANAGER SIGNATURE
Project Name: Argent Road improvement, Phase 1
Vendor Name: Port of Pasco
Contract Number: N/A
Date: 3/2/2020
G/L Account #: 367.90.650-56,6540
Amount seeking approval for: $ +1,500.000 CONTRACT OVER 100,000
DIVISION: T.
Adminlstration ® Engineering ❑ Operations 0 Sewer ❑ Water ❑ Irrigation ❑ Treatment Plants ❑ Reuse ❑ Other
AGREEMENT TOPIC & BACKGROUND: Port of Pasco Interlocal Agreement, Temoorary Construction Easement Quit
Claim Deed. and Real Estate Excise Tax Affidavit for Signature and Notarizing
This Interlocal Agreement is for the purpose of designing and constructing the Argent Road Project, No_ 12001. The Port
of Pasco (Port) is an important stakeholder to this project and has committed to help fund the Project with $1,500,000. In
addition, the Port has also agreed to donate right -of way with a fair market value of $203,534. The terms of the
reimbursement shall be based on annual payments over a 10 -year period and a 4% interest rate. Each annual payment
shall be made to the City prior to December 31 of each year, beginning in 2020.
The Quit Claim Deed grants the City of Pasco (City) approximately 0.466 acres of right-of-way from subject parcels -117-
010-010 and 119-180-011. Additionally, the Temporary Construction Easement (TCE) grants approximately 0.346 acres
of temporary access to the City until completion of the Project from subject parcel ---117.410-010
These documents are critical for this project and are recommended by staff for City Manager approval.
CONTRACT SELECTION PROCESS:
❑ Consultant Roster ❑ RFQ ❑ Formal Bid ❑ Small Works Roster ❑ Negotiated ® N/A or Other_
BUDGET/FINANCIAL IMPACTS:
Revenues.- PHASE 1) Expenditures: (PHASE 1)
Port of Pasco Donation $ 11,500,000 Preliminary Engineering (PE) $ 272,800
CBC Donation $ 1,250,000 Right -of -Way (RW) $ 6,000
Construction CN $ 1,470, 700
Total Funds Available $ 2,750,000 Total Est. Expenditures $ -1,750,000
CONTRACT EXPIRATION DATE: N/A _
❑ Council action needed for future renewal
Project Manager Date
❑ Federal debarmenysuspensloo requirements met ® N/A
Myt
36�
Allic Works Director Date
❑ Contract language [] Insurance coverage reviewed
El Performance & payment bond approval
INSURANCE EXPIRATION DATE: N/A
CIP Ilifenager Date
4.30.2020
Finance Director Date
❑ Funding source approval
ATTACHMENTS: DOCUMENT DISTRIBUTION AFTER SIGNED:
1 Copy of Right -of -Way Plans for Reference, *Original to Project Manager
1 Copy of Interiocal Agreement for Signature/Notanazing,
1 Copy of Quit Claim Deed for Recording,
1 Copy of Temporary Construction Easement for Signature/Notarizing and Recording,
1 Copy of Real Estate Excise Tax Affidavit for Signature,
INTERLOCAL AGREEMENT WITH THE PORT OF PASCO FOR THE ARGENT
ROAD PROJECT, PHASE 1, NO. 12001
THIS INTERLOCAL AGREEMENT is entered Z r day of �� .2r- 2020,
by and between Port of Pasco, Washington, a Washington Municipal Corporation, (ereinafter
referred to as "Port"), and the City of Pasco, Washington, a Washington Municipal Corporation
(hereinafter referred to as "City"), and are sometimes referred to collectively as the "Parties," for
the purpose of designing and constructing the Argent Road Project, No. 12001.
WHEREAS, the City of Pasco (City) together with The Port of Pasco (Port) and
Columbia Basin Community College (CBC), also known as stakeholders, have collaborated
to undertake improvements to Argent Road, from 20' Avenue up to and including the
intersection at Road 36 ("the Project"); and
WHEREAS, the Port and CBC have previously committed to help fund the Project in
the amounts of $1,500,000 and $1,250,000 respectfully; and
WHEREAS, the City and Port recognize that the Port has also donated right-of-way
to the Project for the benefit of the Airport with a fair market value of $203,534 (2.67 Acres
at $76,230/Acre), which donation is in addition to the committed funds of $1,500,000; and
WHEREAS, the City and Port recognize that the money committed of $1,500,000 is
directly attributed as a credit to the Traffic Impact Fees (TIF) associated with the Port's
"Tri -Cities Airport Business Center" development shown in Exhibit A and also recognize that
in the case that the TIFs for above-mentioned Project do not reach an amount of $1,500,000
that the City shall not be required to make any reimbursement to the Port; and
WHEREAS, the City, as part of their agreed financial commitment associated with
this Project is responsible for the Design, Construction and Project Management of this
Project; and
WHEREAS, the stakeholders agreed that to get Phase 1 completed, all or a portion of
the committed funds from the Port and CBC would be utilized to fund this portion of the
Project, with any remainder of committed funds to be used for subsequent phases of the
Project; and
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes
cooperative efforts between agencies in the providing of such services and financing
considerations; and
WHEREAS, the Parties, desire by this agreement, to jointly participate in the costs
associated with the Project that provides benefits to the stakeholders and the regional
transportation system.
ILA — Port of Pasco
Argent Road - Phase 1, No. 12001
Page 1 of 6
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
PORT OBLIGATIONS. The Port shall:
A. Reimburse the City by making payments as described below, for a total amount of
$1,500,000 plus interest for Project costs including but not limited to the expenses relating
to engineering, design, construction, administration, management, legal, labor, permits,
reviews, and/or approvals from all applicable jurisdictions, and any other Project related
costs. The amount of $1,500,000 paid by Port satisfies all of Port's financial obligations
associated with all phases of the Project, including but not limited to Phases 1 and 2 unless
it is mutually agreed by all parties to add additional funding in the future.
B. The terms of reimbursement shall be based on annual payments to be made from the Port
to the City over a 10 -year period and a 4% interest rate. Each annual payment shall be
made to the City prior to December 31 of each year, beginning in 2020.
C. Transfer ownership by dedication of necessary right-of-way from the Port to the City prior
to the award date in a manner that is consistent with the policies of the City.
2. CITY OBLIGATIONS. City shall:
A. Be responsible for the design, Project management, administration, and construction
management of the Project.
B. Provide inspection services during the course of construction consistent with the level of
effort utilized on other capital and development projects within the City, or as may be
required to ensure the required quality of the completed work.
C. Provide Port's construction representative with a copy of any and all printed and electronic
construction documents related to each phase of the Project and invite said representative
to all construction and pre -construction meetings.
D. Upon satisfactory completion of each phase of the improvements described above, work to
provide Port with a breakdown of all costs associated with the Project as well as a complete
set of physical and electronic as -built drawings at the conclusion of each phase.
E. Pay for and complete all portions of the Project not covered by the committed funds of the
Port and CBC, unless it is mutually agreed by all parties to add additional funding in the
future.
F. Grant the Port credit of up to $1,500,000 in TIFs attributable to the "Tri -Cities Airport
Business Center" Project. The City shall not be obligated to refund or pay to the Port any
portion of the $1,500,000 credit that is not utilized for the "Tri -Cities Airport Business
Center" Project, should the total required TIF's attributable to that Project not reach
$1,500,000.
ILA — Port of Pasco
Argent Road - Phase 1, No. 12001
Page 2 of 6
3. TERM. This Agreement shall be effective commencing on the day '9,1 S' of
tkl 2020, and all improvements, conveyances and obligations of the
parties for Phase 1 of the Project shall be complete on or before 18 months
immediately following the commencement date of this Agreement. The Agreement
shall terminate upon the satisfaction of the Port's obligations identified in Section 1 of this
Agreement, or with the completion of the Project, whichever is later, except that the TIF
credit to the Port for improvements related to the "Tri -Cities Airport Business Center" shall
not expire until all the credit has been utilized or is no longer needed.
4. AUTHORITY TO APPROVE AGREEMENT. The parties represent and warrant that
all steps necessary for the approval of this Agreement have been completed by:
A. The Port of Pasco: Resolution approved by the Port of Pasco Commission
B. The City of Pasco: Resolution approved by the City of Pasco Council
The officers signing below are authorized to do so and that the execution of this
Interlocal Agreement with the Port of Pasco to execute payment for the Argent Road
Project — Phase 1, No. 12001 is valid and binding for all purposes.
5. DISPUTE RESOLUTION. In the event of a dispute between the parties regarding the
interpretation, breach or enforcement of this Agreement, the parties shall first meet in a
good faith effort to resolve the dispute by themselves or with the assistance of a mediator.
The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, as
amended, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of
a jury trial upon de novo review, with the substantially prevailing party being awarded its
reasonable attorney fees and costs against the other.
6. INDEMNITY. Each Party hereto shall assume the risk of, be liable for, and pay for
damage, loss, cost and expense arising out of the performance of this Agreement, caused
by its negligence and/or willful misconduct and the negligence and willful misconduct of
its employees acting within the scope of employment. Each Party hereto shall hold
harmless from and indemnify the other Party against all claims, losses, suits, action, cost,
counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of
damage to any property of business, and/or any death, injury or disability to or of any
person or party, including any employee, arising out of or suffered, directly or indirectly,
by reason of or in connection with any negligent act, error or omission of said Party, its,
employees, agents, contractors or subcontractors. A Party's obligation shall include but
not be limited to investigation, adjusting, and defending all claims alleging loss from
negligent action, error or omission or breach of any common law, statutory or other
delegated duty.
ILA — Port of Pasco
Argent Road - Phase 1, No. 12001
Page 3 of 6
7. GENERAL PROVISIONS.
A. This Interlocal Agreement constitutes the entire agreement between the parties, and no
prior oral or written agreement shall be valid, and any modifications of this Agreement
must be in writing signed by all parties.
B. This Interlocal Agreement shall be binding on the parties, and their heirs, successors and
assigns.
C. For the purpose of this Agreement, time is of the essence.
D. All recitals contained within this Agreement shall be binding provisions of this Agreement.
MUTUAL COOPERATION AND FURTHER AGREEMENTS. The parties agree
to cooperate in good faith, with regard to each and every aspect required for the
completion of the construction of this Project which is the object of this Agreement, and
the transfer of property, and to further sign all documents, deeds and permits reasonably
necessary to accomplish the purposes of this Agreement.
9. INTERLOCAL COOPERATION ACT PROVISIONS. All vehicles, equipment,
inventory and any improvement thereon or fixtures purchased by the City, shall remain the
sole property of the City. All personnel utilized by the City in the fulfillment of this
Agreement shall be solely within the supervision, direction and control of the City and shall
not be construed as "loan servants" or employees of the Port. The City Manager of the
City of Pasco, Washington, shall be designated as the Administrator of this Interlocal
Agreement.
No independent special budget or funds are anticipated other than those identified in this
Agreement, nor shall be created without the prior written agreement of the parties. It is not
intended that a separate legal or administrative entity be established to conduct this
cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal
property other than as specifically provided within the terms of this Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted
on the City or Port's website as required by RCW 39.34.040.
ILA — Port of Pasco
Argent Road - Phase 1, No. 12001
Page 4 of 6
CITY OF PASCO, WASHINGTON
By:
Dave Zabe ' , anager
Attest:
I
Debby Barhatn, City Clerk
Ap o Form:
r
Kerr F on Law. PLLC. City Attorney
STATE OF WAST-IING'TON )
: ss.
County of Franklin
PORT OF PASCO, WASHINGTON
By:
�' � .✓ � Y t -I -t G'.-1
On this day personally appeared before me Dave Zabell. City Manager of the City of Pasco. to be
known to be the individual described in and who executed the within and foregoing instrument. and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes
therein mentioned.
v hand and official sea) this r day of , 2020.
Janebe�{ Sa�la.zRomero
6ar �C�
Sime oEUtllon N ARY PULIC in and fqr the State of Washington
esiding at: �
My Commission Expires:
STATE OF WASHINGTON )
ss.
County of Franklin
On this day personally appeared before me 1. w L� \�« ti's t T• !'�` , Port of Pasco,
Washington, to be known to be the individual described in and ho ex)&e-uted the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal this "' l day of 2020. f{ /(�x)#At
XV.-
NOTARY' PUBLIC in and for the State of Washington .� OTA
.. t RY ,.
Residing at: r V. i —.--
M y Commission Ex ires: PUBLIC :-Z
ILA Port of PascoF', 0s;>
Argent Road - Phase 1. No. 12001 llf�,1
Page 5 of 6
Exhibit A - Tri -Cities Airport Business Center
• l
PHASE IP,. PHaSE 1
NOW LEASING �, ,•. • ..
•Columbia
CollegeBasin
182
Ulm
■
9Q
■71
ILA — Port of Pasco
Argent Road - Phase 1, No. 12001
Page 6 of 6
PORT OF PASCO PORT OF PASCO
LOCATED 11 12 ,16570C15 127 113120024
LEGEND :z ............
TO W T13
13 18
Q SURVEY MONUMENT V V
SURVEY CONTROL POINT
STORM DRAIN MANHOLE f
■ CATCH BASIN
FIRE HYDRANT I:
WA,LN VALYL PORT OF PASCO
WATER METER
SANITARY SEWER MANHOLE 1 1329OC29
SANITARY SEWER CLEAN OUT -� PORT OF PASCO
= SANITARY SEWER SERVICE i
UTIL`.TY .UNCTION BOX I•Cl ' 70'00 0 1
PVLLBO% I•
O CONDUIT \
ucH1Po,E TRI-C'TIES
IRRIGATION CONTRA OR VALVE BOX (• RP
,
SINGLE ORT
E POLE SIGN A
R SHRL;B !
._ TREE .I I
BOLLARD END OF PLAN
TELEPHONE MANHOLE
N STA:114+26.97
3 + WATER MANHOLE BEGINNING K PLAN
TELEN&ON RISER STA:100+39.32
POWER METER/SMTCH 14 13 13 18
I MAI.BOX
i a PEDESTRIAN SIGNAL POLE ••
-- .':: TRAFFIC SIGNAL POLE 23 24 PORT OF PASCO . P� 24 19 I
_--ENCE I 179;800„ rpRGiN `
-----'-I.GP. UNDERGROUND POWER •Y'1 `I'I SITE i
FO-^^--- pBEROPTIC
--- -CAS GAS LINE
--- P4 TELEPHONE .INE
W ---- WATER :INET-1� COLUMBIA BASIN COLLEGE
-- -- a ----
OLUM8IA BASIN COLL
"WE so ��
IRRIOAT•OnEGE
N
I TCE TFMPmARY CON^.TRJCtION EASEMENT 1 „924, Ob2 Z
{ui- - -->• PROPOSED UTILITY EASEMENT
— w
PROPOSED RIGHT-OF-WAY
E.STCJO RIGHT-OF-WAY
<si• PROPERTY LINES /
X),'XX XYXXXX PROPERTY OWNERSHIP NUMBERS
I
VICINITY MAP
T.�--•,L z. :.,rz-` NOT TO SCALE
•f (. STA:113+88.27 _
�.?. 124.74' LT 1
I I. STA:113+53.22--
., 00' L7 STA: 713+88.09 •' :I S .n. ..
_ 5 `' 5711:17'%,719 10 57' LT "b
,,. T.;.'. :.,t 1` 1� 55.00' LT1 STA:113+87.91
'Lo! T 11 ` STA 113-45.90 9041 LT
{ ST: 50.00'LT
. rBC.
� / 1CRT 0.'' -WAY I ;
�t
' ',"'�. _ LCE - LCE . ♦ _. a,.
STA: 100+81.42„ "+ �a /STA: 113+50.97
STA: 100+39.32 BOW LT �::: - ,,,,� ■Ir .i�4000 LT
40.00' LT t _ i. ._f _ ..
BEGINNING OF PLAN t END OF PLAN
STA 114+2$.97
Tlz+oo
STA: 100+39.32 - -- n3+oD . «; 114+001 3-
-
....... • • •' ��_ _-' L _ STA 113+50.97 BRASS CO/CASE. .�
... -...,.•..e 40.00' COP BM NO 89-5
PORT OF PASCO sEc1Xw LINE • .-�. _ - <.�..f -r - ,5;._..: _� ,..,.I -
r f, ICE TCE
STA 107+2516 .>Y"� STA: 112+74 59
40G09RT 50.00' RT STA: 112+96.03
6500' RT _
STA 113+10.33,
75.00' RT 1711:713+84.Ob�
t 90.00' RT
t00a50.60 `R STA 113+7359 _
4000' RT TtE I+ 179.25' RTy'-f �^
'- 811111 CAP/CASE -STA: 100+5060 j-" 3
STA: 113+83.12 2
COP B4 N0. BS -5 50.00' RT / 119.25' RT
STA:100+9368
9300 RT: STA:101+25.16
'88.00' RT
kir � II
I
PARCEL NO NAME _ -i - TOTAL AREA R/W
t 170100�.I.._� F PASCO i, 63_1.240 0.426_ R :eTs+k Sy"
1_1918001.111-_E R7 OF PASCC 793G 0.040
11
9,700101 COLUMBIA BASIN COLLEGE72.780-0403
TOTAL AREA IS FROM ASSESSOR'S >< Jy / N j� ^' (7
RECORDS UNLESS OTHERWISE NOTED OWNERS Yjj
REVISIONS
DATE MARCH 13, M19 JOBNUMBER I
,to 1325SETECH CENTER DRIVE, SUITE 140
SCALE: - 15620
VANCOUVER, WA 98683 - 1 -50
VANCOUVER: (3601695-3411 DRAWN BY. AIS_ I
aOJW1LNr PORTLAND. (503) 289-6726 413119 sRELr I
FAX (360) 695-GB33 DATE W.OTTED:... 1 Of 1
FILE: ARGENT ROAORow E%wert.OV.'G
When recorded return to:
Dan Hultgrenn
P. O. Box 2368
Pasco, WA 99302
Brief legal: Ptns of Section 13 and Section 24, Township 9 North, Range 29 EWM, Franklin
County, Washington.
Additional Legal on pages 1, 2 and 3
Assessor's Parcel No.: Ptns of 117-010-010 and 119-180-011
QUIT CLAIM DEED
The PORT OF PASCO, a Washington municipal corporation (the
"Grantor"), pursuant to RCW 39.53 and RCW 35A.79.0140, dedicates, conveys
and quit claims to the CITY OF PASCO, a Washington municipality (the
"Grantee"), the following described real estate as a dedicated right of way,
situated in the County of Franklin, State of Washington, together with all after
acquired title of the Grantor, but reserving to Grantor rights relating to the
avigation easement relating to the property hereinafter described.
REAL PROPERTY SITUATED IN THE CITY OF PASCO, FRANKLIN
COUNTY, WASHINGTON, LYING IN THE SOUTHEAST QUARTER OF
SECTION 13 AND THE NORTHEAST QUARTER OF SECTION 24,
TOWNSHIP 9 NORTH, RANGE 29 EAST, OF THE WILLAMETTE
MERIDIAN, LYING NORTHERLY OF THE CB LINE AS SHOWN ON
SURVEY OF WEST ARGENT ROAD FOR THE CITY OF PASCO, PER
RECORD OF SURVEY RECORDED IN VOLUME 2 OF SURVEYS,
PAGE 189, RECORDS OF SAID COUNTY AND LYING SOUTHERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT HIGHWAY ENGINEER'S STATION (HEREINAFTER
REFERRED TO AS "HES") CB 100+39.32;
QUIT CLAIM DEED - 1
THENCE NORTH 16009'43" WEST 40.00 FEET TO A POINT 40.00 FEET
LEFT OF "HES" STATION CB 100+39.32;
THENCE NORTH 31045'05" EAST 58.99 FEET TO A POINT 80.00 FEET
LEFT OF "HES" STATION CB 100+81.42, SAID POINT BEING ON THE
ARC OF A 2,080.00 FOOT RADIUS NON -TANGENT CURVE TO THE
RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 02037'02", AN ARC DISTANCE OF 95.01 FEET, (HAVING A
CHORD BEARING OF NORTH 76021'10" EAST, A DISTANCE OF 95.00
FEET) TO A POINT 80.00 FEET LEFT OF "HES" STATION CB
101+72.78;
THENCE SOUTH 58014'55" EAST 43.46 FEET TO A POINT 50.00 FEET
LEFT OF "HES" STATION CB 102+03.23, SAID POINT BEING ON THE
ARC OF A 2,050.00 FOOT RADIUS NON -TANGENT CURVE TO THE
RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 10035'56", AN ARC DISTANCE OF 379.22 FEET, (HAVING A
CHORD BEARING OF NORTH 83049'59" EAST, A DISTANCE OF 378.68
FEET) TO A POINT 50.00 FEET LEFT OF "HES" STATION CB
105+73.20;
THENCE NORTH 89007'57" EAST 235.24 FEET TO A POINT 50.00
FEET LEFT OF "HES" STATION CB 108+08.44;
THENCE NORTH 44007'54"EAST 42.43 FEET TO A POINT 80.00 FEET
LEFT OF "HES" STATION CB 108+38.43;
THENCE NORTH 89007'57" EAST 60.00 FEET TO A POINT 80.00 FEET
LEFT OF "HES" STATION CB 108+98.43;
THENCE SOUTH 45052'06" EAST 42.43 TO A POINT 50.00 FEET LEFT
OF "HES" STATION CB 109+28.44;
THENCE NORTH 89007'57" EAST 417.46 FEET TO A POINT 50.00
FEET LEFT OF "HES" STATION CB 113+45.90;
THENCE NORTH 35°21'59" EAST 71.38 FEET TO A POINT 107.57
FEET LEFT OF "HES" STATION CB 113+88.09, SAID POINT BEING ON
THE WESTERLY RIGHT-OF-WAY LINE OF NORTH 20TH AVENUE
AND THE TERMINUS OF SAID LINE.
EXCEPT ANY PORTION THEREOF LYING WITHIN THE EXISTING
RIGHT-OF-WAY.
CONTAINS APPROXIMATELY 0.466 ACRES.
DATED: z1213/ 20
PORT �.CO
By: '�J—/ �/� L,-)
Randy Hayde , Executiv Director
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day of �� ��� , 2020, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared RANDY HAYDEN to me known to be the Executive Director
of PORT OF PASCO, the corporation that executed the foregoing instrument,
and acknowledged the 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 was authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
GIVEN under my hand and official seal this ;f day of 2020.
QUIT CLAIM DEED - 3
Printed Nar1�e:
Notary Public in and fo , the State of
Washington, residing at �✓���"
My commission expires: /Q�, 1 2 -P-i
When recorded return to:
Dan Hultgrenn
P. O. Box 2368
Pasco, WA 99302
Brief legal: Ptn of Section 13 Township 9 North, Range 29 EWM, Franklin County, Washington.
Addiitonal Legal on pages 1 and 2
Assessor's Parcel No.: Ptn 117-010-010
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement between the PORT OF PASCO, a
Washington municipal corporation, hereinafter called "Grantor", and the CITY OF
PASCO, a Washington municipality, hereinafter called "Grantee", is made this
day of March, 2020.
RECITALS
A. Grantor owns of record certain real property located in Franklin
County, Washington, and legally described as:
REAL PROPERTY SITUATED IN THE CITY OF PASCO, FRANKLIN
COUNTY, WASHINGTON, LYING IN THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 9 NORTH, RANGE 29 EAST, OF THE
WILLAMETTE MERIDIAN, LYING NORTHERLY OF THE CB LINE AS
SHOWN ON SURVEY OF WEST ARGENT ROAD FOR THE CITY OF
PASCO, PER RECORD OF SURVEY RECORDED IN VOLUME 2 OF
SURVEYS, PAGE 189, RECORDS OF SAID COUNTY AND LYING
SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT 60.00 FEET LEFT OF HIGHWAY ENGINEER'S
STATION (HEREINAFTER REFERRED TO AS "HES") CB 101+92.92, SAID
POINT BEING ON AN ARC OF A 2,060.00 FOOT RADIUS NON -TANGENT
CURVE TO THE RIGHT,-
Temporary
IGHT;
Temporary Construction Easement - 1
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 08002'25", AN ARC DISTANCE OF 289.08 FEET, (HAVING A
CHORD BEARING OF NORTH 82015'31" EAST, A DISTANCE OF 288.84
FEET) TO A POINT 60.00 FEET LEFT OF "HES" STATION CB 104+73.58;
THENCE NORTH 03043'16" WEST 5.00 FEET TO A POINT 65.00 FEET
LEFT OF "HES" STATION CB 104+73.58, SAID POINT BEING ON AN ARC
OF A 2,065.00 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 02051'13", AN ARC DISTANCE OF 102.85 FEET, (HAVING A
CHORD BEARING OF NORTH 87042'21" EAST, A DISTANCE OF 102.84
FEET) TO A POINT 65.00 FEET LEFT OF "HES" STATION CB 105+73.20;
THENCE NORTH 89007'57" EAST 771.29 FEET TO A POINT 65.00 FEET
LEFT OF "HES" STATION CB 113+44.49;
THENCE NORTH 35021'59" EAST 74.06 FEET TO A POINT 124.74 FEET
LEFT OF "HES" STATION CB 113+88.27, SAID POINT BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF NORTH 20TH AVENUE AND THE
TERMINUS OF SAID LINE.
EXCEPT ANY PORTION THEREOF LYING WITHIN THE EXISTING
RIGHT-OF-WAY.
CONTAINS APPROXIMATELY 0.346 ACRES.
("Grantor's Property").
B. Grantee is constructing road improvements pursuant to that certain
Interlocal Agreement with the Port of Pasco for the Argent Road Project dated the
day of , 2020 between the parties hereto (the "Interlocal Agreement").
C. Grantee intends to widen Argent Street utilizing property acquired
from the Grantor as provided in the Interlocal Agreement (the "Project"), and in order
to do so requires temporary access to Grantor's Property.
IN CONSIDERATION of the premises and the mutual covenants and
agreements herein set forth, it is agreed by and between the parties as follows:
1. Temporary Construction Easement. Grantor grants a Temporary
Construction Easement to Grantee, its agents, employees and contractors, to enter
Temporary Construction Easement - 2
upon Grantor's Property for accommodation of construction equipment and
materials necessary for the completion of the Project as hereinabove defined.
2. Hold Harmless. Grantee agrees to fully indemnify and hold Grantor,
it's successors and assigns, harmless from and against any and all injury and
damage claims, demands, obligations, judgments, award, expenses, and liabilities
of any and every kind, including without limitation attorney's fees and all litigation
costs and expenses, which may be made or rise against or be incurred by Grantor
from, due to, or related to Grantee's conduct or activities on or about Grantor's
Property, and/or conduct or activities of Grantee's employees, agents, invitees,
contractors, and any other persons who may come upon or be at or near Grantor's
Property on behalf of Grantee or because Grantee is using this easement.
3. Term. This Temporary Construction Easement shall terminate upon
completion of the Project.
4. Attorneys' Fees. Should it be necessary for either party to enforce
their rights under this agreement, then in the event of litigation, the prevailing party
shall be entitled to recover and collect all costs and reasonable attorney's fees as
determined by the court resolving the litigation.
5. Successors and Assigns. Without limiting the generality of the
foregoing, the rights and obligations of the parties shall inure to the benefit of and
be binding upon their respective successors and assigns.
GRANTOR:
Port of Pasco
By: G
Its: �� CC �► iZ
Temporary Construction Easement - 3
GRANTEE:
City of Pasco
: a_.M Own WA
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this ;Lo' day of Fr -_4..:.. , 2020, before me, the undersigned, a
Notary Public in and for the State of W gton, duly commissioned and sworn,
personally appeared RANDY HAYDEN to me known to be the Executive Director
of the PORT OF PASCO, the corporation that executed the foregoing instrument,
and acknowledged the 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 was authorized to execute the said instrument.
J and official seal this dv -`day of t6sw—�, 2020.
STATE OF WASHINGTON)
) ss.
County of Franklin )
Printed Narn' :
Notary Publid in and for the State of
Washington, residing at
My commission expires: Nov, t , . t
On this + day of f , 2020, before me, the undersigned, a
Notary Public in and for the State Washington, duly commissioned and sworn,
personally appeared 1V(N\" 7.ft1 ti to me known to be the f
the CITY OF PASCO, the entity that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of
said entity, for the uses and purposes therein mentioned, and on oath stated that
he was authorized to execute the said instrument.
1
GIVEN under my hand and official seal this I day of R 2020.
Jane Salazar Romero �„-� " ?
PL4
state of Wad*Vhon
(P?nted—Name: Ja-P Scitu2c-r PowWro
rro, A� *.c1wa= ry Public in and for the State
Washington, residing at li cO Uc
My commission expires: d) - ou –3d32–
Temporary Construction Easement - 4
Department of
Revenue'V7 REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt
Washington State CHAPTER 82.45 RCW - CHAPTER 458-61A WAC when stamped by cashier.
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED
❑ Check box if the sale occurred Only for sales in a single location code on or after January 1, 2020.
PLEASE TYPE OR PRINT
in more than one location code.
n d th_1, t...- :r.. -..:.r ..t- :.,nl'ax. 1 ...ta i.:.at nerrenraoe of nwnerxhin scauired nert to each name.
Street address of property:
This property is located in Pasco
❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged.
Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)
SEE ATTACHED LEGAL DESCRIPTION
® Select Land Use Code(s):
67 - Govemmental services
enter any additional codes: 91 - undeveloped land
(See back of last page for instructions) YES NO
Was the seller receiving a property tax exemption or deferral ❑✓ ❑
under chapters 8436, 84 37, or 84.38 RCW (nonprofit
organization, senior citizen, or disabled person, homeowner
with limited income)?
Is this property predominantly used for timber (as classified under ❑ ❑�
RCW 84.34 and 84.33) or agriculture (as classified under RCW
84.34.020)? See ETA 3215
YES NO
Is this property designated as forest land per chapter <? ❑ ✓❑
Is this eroperty classified as current use (open space, farm and ❑ Q
agricultural, ortimber) land per chapter 0 14 K(A0
Is this property receiving special valuation as historical property ❑ ❑�
per chapter,!' I ',k .
If any answers are yes, complete as instructed below.
(1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE)
NEW OWNER(S): To continue the current designation as forest land or
classification as current use (open space, farm and agriculture, or timber) land,
you must sign on (3) below. The county assessor must then determine if the
land transferred continues to qualify and will indicate by signing below. If the
land no longer qualifies or you do not wish to continue the designation or classi-
fication, it will be removed and the compensating or additional taxes will be due
and payable by the seller or transferor at the time of sale. (R r'ta � : ; — '. or
Rt.".5 � .1 id.I:;S). Prior to signing (3) below, you may contact your local county
assessor for more information
This land ❑ does ❑ does not qualify for continuance.
DEPUTYASSESSOR DATE
(2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY)
NEW OWNER(S): To continue special valuation as historic property, sign (3)
below. If the new owner(s) does not wish to continue, all additional tax calcu-
lated pursuant to chapter p-. _ : i�. ``.. shall be due and payable by the seller or
transferor at the time of sale.
(3) NEW OWNER(S) SIGNATURE
PRINT NAME
List all personal property (tangible and intangible) included in selling price.
If claiming an exemption, list WAC number and reason for exemption:
WAC No.(Section/Subsection) 458-61A-205(1)
Reason for exemption
TRANSFER FROM try
TypeofDocument QUIT CLAIM DEED
Date of Document
Gross Selling Price $
Name PORT OF PASCO
-Personal Property (deduct) $
=
Name CITY OF PASCO
x
O
Taxable Selling Price $
0,00
w
to
10.00
Mailing Address PO BOX 769
0.00
Mailing Address PO BOX 293
0.00
From SL500,000.01 to $3,000,000 at 2.75% $
0.00
Above $3,000,000 at 3.0% $
0.00
Agricultural and timberland at 1.28% $
City/State/Zip PASCO WA 99301
Total Excise Tax: State $
�M -
City/State/zip PARGO WA 49,1611
0.00
'Delinquent Interest: State $
0.00
Local $
n rtn
Phone No. (including area code)
Phone No. (including area code)
Send all property tax correspondence to: ®
Same as Buyer/Grantee
List all real and personal property tax parcel
List assessed value(s)
account numbers - check box if personal property
Name
Ptn.117-010-010 ❑
Mailing
Address
Ptn.119-180-011 ❑
❑
City/State/Zip
❑
Phone No. (including area code)
Street address of property:
This property is located in Pasco
❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged.
Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)
SEE ATTACHED LEGAL DESCRIPTION
® Select Land Use Code(s):
67 - Govemmental services
enter any additional codes: 91 - undeveloped land
(See back of last page for instructions) YES NO
Was the seller receiving a property tax exemption or deferral ❑✓ ❑
under chapters 8436, 84 37, or 84.38 RCW (nonprofit
organization, senior citizen, or disabled person, homeowner
with limited income)?
Is this property predominantly used for timber (as classified under ❑ ❑�
RCW 84.34 and 84.33) or agriculture (as classified under RCW
84.34.020)? See ETA 3215
YES NO
Is this property designated as forest land per chapter <? ❑ ✓❑
Is this eroperty classified as current use (open space, farm and ❑ Q
agricultural, ortimber) land per chapter 0 14 K(A0
Is this property receiving special valuation as historical property ❑ ❑�
per chapter,!' I ',k .
If any answers are yes, complete as instructed below.
(1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE)
NEW OWNER(S): To continue the current designation as forest land or
classification as current use (open space, farm and agriculture, or timber) land,
you must sign on (3) below. The county assessor must then determine if the
land transferred continues to qualify and will indicate by signing below. If the
land no longer qualifies or you do not wish to continue the designation or classi-
fication, it will be removed and the compensating or additional taxes will be due
and payable by the seller or transferor at the time of sale. (R r'ta � : ; — '. or
Rt.".5 � .1 id.I:;S). Prior to signing (3) below, you may contact your local county
assessor for more information
This land ❑ does ❑ does not qualify for continuance.
DEPUTYASSESSOR DATE
(2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY)
NEW OWNER(S): To continue special valuation as historic property, sign (3)
below. If the new owner(s) does not wish to continue, all additional tax calcu-
lated pursuant to chapter p-. _ : i�. ``.. shall be due and payable by the seller or
transferor at the time of sale.
(3) NEW OWNER(S) SIGNATURE
PRINT NAME
List all personal property (tangible and intangible) included in selling price.
If claiming an exemption, list WAC number and reason for exemption:
WAC No.(Section/Subsection) 458-61A-205(1)
Reason for exemption
TRANSFER FROM try
TypeofDocument QUIT CLAIM DEED
Date of Document
Gross Selling Price $
0.00
-Personal Property (deduct) $
0.00
Exemption Claimed (deduct) $
500
Taxable Selling Price $
0,00
Excise Tax: State
10.00
Less than $500.000.01 at LI% $
0.00
From $500,000.01 to $1,500,000 at 1.28% $
0.00
From SL500,000.01 to $3,000,000 at 2.75% $
0.00
Above $3,000,000 at 3.0% $
0.00
Agricultural and timberland at 1.28% $
0.00
Total Excise Tax: State $
0.00
_
0.0050 1 Local $
0.00
'Delinquent Interest: State $
0.00
Local $
n rtn
"Delinquent Penalty $
0.00
Subtotal $
0.00
'State Technology Fee $
500
*Affidavit Processing Fee $
5.00
Total Due $
10.00
A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX
® I CERTIFY UNDER PENALIA�PF PERJURY THAT THE FOREGOING IS TRUE AND COR /. I
Signature of f// Signature of
Grantor or Grantor's AgentILLG. G Grantee or Grantee's Agent
Name (print) Randy Hayderyn Name (print) O
Date & city of signing '�� 2, O / 'z 0 Date & city of signing
Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution fora maximum term afar, t more than five yearsviby a
fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), of by both imprisonment and fine (RCW 9A.20. C20t :. (.)).
REV 84 000 to (12/6/19) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER