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HomeMy WebLinkAbout4744RESOLUTION NO. 4744 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO GRANT AN EASEMENT TO PUGET SOUND ENERGY FOR THE PURPOSE OF RELOCATING UTILITIES FOR THE SOUTH DIVISION STREET PROMENADE PROJECT (CP1005) WHEREAS, the City is committed to constructing project CP1005 — South Division Street Promenade Project; hereinafter referred to as the "Project "; and WHEREAS, Puget Sound Energy, Inc. has existing gas facilities located in an alley in the vicinity of the Project which will have to be deactivated and relocated to accommodate the Project; and WHEREAS, Puget Sound Energy, Inc. requires an easement to construct and maintain gas lines to serve existing customers through City owned property; and WHEREAS, there is mutual benefit to the City and Puget Sound Energy, Inc, in establishing the easement as existing gas lines can be deactivated to accommodate construction of the Project and allows existing customers to continue to be served. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows. Section 1. The Mayor is authorized to grant to Puget Sound Energy, Inc and record with the offices of the King County Recorder the easement in Resolution No 4744 August 9, 2011 Page 1 of 2 t} substantially the same form as described in Attachment A, attached hereto and incorporated'' herein. Section 2. The Mayor is hereby authorized to implement such other administrative ---procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this /6"-i day of ATTEST. t4:1,1„__J Danielle E. Daskam, City Clerk APP VED A ! FOR Daniel B. Heid, City Attorney Resolution No 4744 August 9, 2011 Page 2 of 2 CI , 2011 OF AUB PETER B. LEWIS MAYOR • ft URNADpRESS• Puget Sound Energy, Inc. Attn: RIW Department (C. Biggs) P,O. Box 97034 / EST -06W ¢ellevue,WA 98009 11111 111 11111111 r - 20110901000440 PUGET SOUND EN EAS 84,00 PAGE 00 OF 003 09/01/2011 10 29 KING COUNTY, WA EASEMENT REFERENCE# + GRANTOR CITY OF AUOU•RN GRANTEE P,UGET SOUND ENERGY,.INQ ' SHORT LEGAL ., 'Portion of Tracts $ through 10, River View Addition to Auburn ASSESSOR'S PROPERTY TAX PARCEL: 733140 0135 For and In consideration of One Dollar ($1 00) and other Valuable consideration ire hand paid, CITY OF AUBURN (*Grantor herein), hereby conveys and warrants to PUGgT SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a n$nexclusive perpetual easement over, under, along, across, and through the following descnbed real property ( "Property' herein),in KING County, Washington SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADF, A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upo/i that pdrtion oi' the Property ("Easement Area" herein) descnbed as follows ; . . .. An Easement Area 10 feet in width having 5 feet of such width do each side of a centerlihb described as follows THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED, TO BE CONS1"RUCTED4 EXTENDED OR RELOCATED WITHIN THE WESTERLY 116 FEET • CF THE ABOVE DESCRIBED REAL PROPERTY; EXCEPT THE SOUTH 47 FEET THEREOF. ' 1. Purpose. Grantee-0)811 have the right to use the easement area to construct, operate, maintain. repair, replace, improve, remove, enlarge one or more utility systems for purposes of transmIsSron, disthbution and sale of gas. Such System may Include, but are not limited to U fdergrourid facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas. fiber optic cable and other lines, cables and facilities for communications, semi - buned•or graund - mounted facilities and {lads, manholes, meters, fixtures, attachments and any and all other facihf{es or applulenances necessary or convenient to any or all of the foregoing Following the initial construction of,efl or a portion of its systems, Grantee may, from time to time, construct such additional facddies as it may f'egUire for such systerfis Grantee shall have the nght of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such nght of access by Grantee 2. Easement Area Clearing and" Maintenance. Grantee shall. have the nght to cut, remove and dispose of any and all brush, trees or other vegetation inthe Easement Area Grantee shall also have the nght to control, on a continuing basis and by any prudent and reasonable means. the establishment and growth of brush, trees or other vegetation In the Easement Area 3. Grantor's Use of Easement Area. Grantoi reserves the right to (e the Easement Area for any purpose not inconsistent with the nghts herein granted, provided, however, Grantor shalt not construct or maintain any buildings, structures or other objects on the Easpnfent Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's pnor wntten consent 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence In the exercise of the nghts herein granted to Grantee, but nothing hereinshall require Grantee to indemnify Grantor for that portion of any such liability attnbutable to the negligence of Grantor or the negligence of others 5. Abandonment. The rights herein granted shall continue until such lime as Grantee ceases to use tfie Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and alt rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise, become the pj perty of Grantor, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any penod of time from the date hereof 6. Successors and Assigns. Grantee shall have the nght to assign, apportion or dfherwise transfer any or all of its nghts, benefits, pnvileges and interests ansing in and under this easement Without limiting the Gas Easement 1111999 1070430741RW- 079392 Page 1 of 3 EXCISE TAX NOT REQUIRED Co. Records Drnsfen a" Dourly generality of the foregoing, the nghts and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns DATED this z2 3 day of Attest: BY ITS GRANTOR CITY OF BY STATE OF WASHINGTON) )ss COUNTY OF , ) Or this r'dday of L7/ 2011, before me, the undersigned, a Notary Public in and for the State f Bashi on duly commissioned and sworn, personally appeared /0 CX to me known tr• bQ the'person(s) who signed as ■ �c2—r of CITY OF AUBURN, the myyn�icrpal corporation that execut the in and foregoing instrument, and acknowledged said Instiument to be n-'-a/ free and Voluntary act and deed and the free and voluntary act and deed of CITY OF AUBURN for the uses and purposes therein mentioned, and on Oath stated that E was authorized to execute the said Instrument on behalf of said CITY OF AUBURN, IN WITNESS WHEREOF) have hefeuntbset m atieg. offivajl peat ar first above written • 2011 niclpgl Corporation Mayor (Srg�atu = of Notary) ai+. K -C . Fs1./I� ?QT�s, (Prin or stamp name of Notary) ri— — �i $ NOTARY PUBLIC in and for the State of yp, �q`aL�� 2 Washington, residing at Ki .Co N7g.1 o� r Its 1 WAIST- , My APppiniment Expires 03' 7� • L� Gas Easement 1111998 1070430741RW -078392 Page 2 of 3 • 8 • 1. EXHIBIT "A" THAT PORTION OF TRACTS 2 THROUGH 8, RIVER VIEW ADDITION TO AUBURN, ACCORDING TO THE PLAT ' THEREQF; RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 90, RECORDS OF KING COUNTY, WASHINGTON, LYING SOUTH OF THE NORTH 116 FEET THEREOF; LESS THAT PORTION FOR ALLEYS AND STREET; r TOGETHER WITH TRACT 9 OF SAID PLAT, LESS PORTIONS FOR ALLEY AND STREET; AND TOGETHER WITH TRACT 10 OF SAID PLAT, LESS ALLEYS AND STREET; ALSO EXCEPT THAT PORTION OF SAID TRACTS 8 ANQ 10 LYING EAST OF THE WEST 543.06 FEET OF TRACT 10 AND TRACT 10 EXTENDED NORTHERLY. SITUATE INTHE COUNT'S OF KING,'STAW pF WASHINGTON. •r Cary of Auburn 107043074/RW -079392 Pogc 3 of 3 'o EXHIBIT "A" THAT PORTION OF TRACTS 2 THROUGH 8, RIVER VIEW ADDITION To AUBURN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 90, RECORDS OF KING COUNTY, WASHINGTON, LYING SOUTH OF THE NORTH 116 FEET THEREOF; LESS THAT PORTION FOR ALLEYS AND STREET; TOGETHER WITH TRACT 9 OF SAID PLAT, LESS PORTIONS FOR ALLEY AND STREET; AND TOGETHER WITH TRACT 10 OF SAID PLAT, LESS ALLEYS AND STREET, ALSO EXCEPT THAT PORTION OF SAID TRACTS 8 AND 10 LYING EAST OF THE WEST 543 06 FEET OF TRACT 10 AND TRACT 10 EXTENDED NORTHERLY SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON Resolution No 4744 Attachment A August 9,2011 Page 3 of 3