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HomeMy WebLinkAbout5387 RESOLUTION NO. 5387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE EASEMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND PUGET SOUND ENERGY FOR CONVEYANCE OF A UTILITY EASEMENT WHEREAS, Puget Sound Energy (PSE) owns and operates an existing gas utility facility located under a portion of City-owned property (King County Parcel No. 733140- 0135); and WHEREAS, PSE wishes to replace existing facilities located on the City's property that provide gas service to an adjacent property owned by Safeway Inc.; and WHEREAS, PSE does not have an easement for the current facilities providing services to the Safeway building; and WHEREAS, PSE will be deactivating the facility currently not located within a PSE area of the City property; and WHEREAS, The City and PSE have identified an alternate pathway acceptable to both PSE and the City for the new PSE facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is authorized to execute a Real Estate Easement Agreement between the City of Auburn and Puget Sound Energy for real property rights, which Resolution No. 5387 November 5, 2018 Page 1 of 2 agreement will be in substantial conformity with the Agreement attached as Exhibit A, "Easement Agreement." Section 2. The Mayor is authorized to take any administrative or procedural action necessary or appropriate to carry out the directives of this legislation and to accommodate the decision to convey a Utility easement to PSE Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this day of , 2018. CITY OF AUBURN 1 .a_::, O. iA CYS, AYOR ATTEST: Shawn Campbell, MMC, ity Clerk APPROVED AS TO FORM: Steven L. Gross, City Attorney Resolution No. 5387 November 5, 2018 Page 2 of 2 EASMENT AGREEMENT CITY OF AUBURN This Agreement is made and entered into by PUGET SOUND ENERGY, INC., (herein referenced as "PSE" or "GRANTEE"), a Washington state energy utility and the CITY OF AUBURN (herein referenced as "CITY" or "GRANTOR"), a municipal corporation of King and Pierce Counties, Washington, herein collectively referred to as "PARTIES" WITNESSETH : Whereas, The CITY owns parcel 733140-0135 legally described in Exhibit C; and Whereas, PSE wants to replace existing facilities located on the CITY'S property that provides gas service to an adjacent property owned by Safeway Inc.; and Whereas, PSE does not have an easement for the current facilities providing service to the Safeway building; and Whereas, PSE will be deactivating the facility currently not located within a PSE easement area on the CITY property; and Whereas, PSE is requesting an easement over an area of the CITY property not encumbered by a PSE easement and consistent with the City's use of the property; and Whereas, The CITY and PSE have determined a facility path across the CITY property acceptable to both PARTIES; and NOW, THEREFORE, in consideration of the terms, rights and restrictions set forth, IT IS AGREED by the PARTIES as follows: 1. GRANT AND CONVEYING OF EASEMENTS. The CITY agrees to grant and convey a perpetual Non-Exclusive Utility Easements to PSE legally described and attached hereto as Exhibit A and depicted in Exhibit B for the purposes of constructing, operating, maintaining, repairing, replacing, improving, removing, upgrading or extending one or more utility systems for the purposes of transmission, distribution and sale of gas. The Easement shall encumber real property located in King County, Washington legally described and attached hereto as Exhibit C ("Encumbered Property"). Included in this conveyance shall be the right of access to the Easement Area as defined in Exhibit A over and across the Property as shall be required for the construction, reconstruction, maintenance and operation of GRANTEE'S utility, the use of such additional area shall be held to a reasonable minimum. 2. ACCESS. PSE shall have the absolute right at all times as necessary for immediate access (ingress and egress), to enter the Encumbered Property for the purpose of inspecting and maintaining the easement area as well as constructing, operating, maintaining, repairing, replacing, improving, removing, upgrading or extending GRANTEE'S facilities. 3. CONSIDERATION. In consideration of the public's health, safety and well-being, the CITY agrees to convey to PSE the easements legally described in Exhibit A with no further monetary or other consideration due to the City from PSE. 4. RECORDING & RECORDING FEES. PSE shall be responsible for recording the easements, which shall be recorded in substantial conformity to that hereby referenced and attached as Exhibit D as well as any and all recording fees charged by the County. PSE shall furnish to the CITY a copy of the recorded easements showing the recording numbers. The document is to be sent to City of Auburn,attn.: Josh Arndt—25 W Main,Auburn,WA 98001 5. CONDITION OF EASEMENT. Unless otherwise described in this paragraph the PSE agrees to purchase the Easement in an "as is" condition. PSE further acknowledges that other public and private utilities may already exist and intersect this Easement and that it is PSE's sole responsibility to inspect, locate and verify any and all existing utilities intersecting the subject Easement. In those locations where existing utilities already exist and intersect the subject Easement, PSE agrees to provide a minimum of 12 inches clearance either above or below the existing utility and at least 5 feet horizontal clearance when installing PSE's Utility. PSE further agrees to return the property included within the Easement as well as any additional area that may be used to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was performed by PSE or its agents. The City retains discretion over compliance with this provision and may require such additional work as to achieve a condition reasonably comparable to the condition of the property prior to PSE entry. OTHER CONDITIONS OF PURCHASE: 6. ENTIRE AGREEMENT/MODIFICATION. This written Agreement constitutes the entire and complete Agreement between the PARTIES hereto and supersedes any prior oral or written agreements between the PARTIES with respect to the Easements and or Encumbered Property. It is expressly agreed that there are no verbal understandings or agreements, which in any way change the terms, covenants, and conditions herein set forth. No modifications of this agreement and waiver of any of its terms and conditions shall be effective unless in writing and duly executed by the PARTIES hereto. 7. SUCCESSORS & ASSIGNS. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns. Further, the Parties agree that the burdens of the obligations contained in this agreement touch and concern GRANTOR's title in that property and the benefits of the obligations inure to the City. 8. INDEMNITY. PSE agrees to indemnify GRANTOR from and against liability incurred by GRANTOR as a result of the negligence of PSE or its contractors in the exercise of the rights granted to PSE through the Easement and Easement Agreement, but nothing herein shall require PSE to indemnify GRANTOR for that portion of any such liability attributable to the sole negligence of the GRANTOR or the negligence of others. 9. BINDING EFFECT. All covenants, agreements, warranties and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators,personal representatives, successors and assigns. Dated and Signed this%day of d20 GRANTEE:PUGET SOUND ENERGY,INC., Name: Title: Dated and Signed this' ay ofN, ,,, ,; ,,., ,20_ZS SELLER: CITY OF AUBURN is N ncy Backus A--- -e r APPROVED AS TO FORM: 11114 Steven L. Gross, City Attorney EXHIBIT A Legal Description of Utility Easements THE WEST EIGHT (8) FEET OF THE SOUTH THIRTY-FIVE (35) FEET,ADJOINING THE SOUTH EIGHT (8)FEET OF THE EAST FORTY-TWO (42)FEET OF THE WEST FIFTY (50) FEET LYING WITHIN PARCEL A, CITY OF AUBURN LOT LINE ADJUSTMENT NO. BLA 13- 0007, ACCORDING TO THE OFFICIAL PLAT THEREOF, RECORDING NO. 20131108900002,RECORDS OF KING COUNTY, STATE OF WASHINGTON; (ABOVE DESCRIPTION AS ESTABLISHED OF RECORD UPON AFOREMENTIONED LOT LINE ADJUSTMENT SURVEYED BY DAVID A. IRONMONGER, DATED OCTOBER 22, 2013.) TOGETHER WITH VACATED ALLEY ADJOINING,ACCORDING TO CITY OF AUBURN ORDINANCE NO. 3200, RECORDED UNDER RECORDING NO. 7710130225 AND RECORDING NO. 7711100780, RECORDS OF KING COUNTY, STATE OF WASHINGTON; (ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENTIONED ORDINANACE NO. 3200,BY SAID INSTRUMENTS RECORDED AT RECORDING NUMBERS 7710130225 AND 7711100780 RECORDED BY THE CITY OF AUBURN.) AND TOGETHER WITH VACATED ROAD AND ALLEY ADJOINING, ACCORDING TO CITY OF AUBURN ORDINANCE NO. 6614,RECORDED UNDER RECORDING NO. 20161010000262, RECORDS OF KING COUNTY, STATE OF WASHINGTON. (ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENTIONED ORDINANACE NO. 6614, BY SAID INSTRUMENTS RECORDED AT RECORDING NUMBER 20161010000262 RECORDED BY THE CITY OF AUBURN.) Assessor's Tax Parcel ID#733140-0135 EXHIBIT B Depiction of Utility Easements DRAWING IS NOT TO SCALE Approximate location of parcel No.733140-0135— utility easement;area.. E3' Parcel A COA BLA 13.0007 Rec.No.20131108900002 Parcel No.733140-0240 Parcel B COA BLA 130007 Rec.No:20131108900002 Parcel No. 733140.0237 1s`Street SE A nn)' EXHIBIT C Encumbered Property PARCEL A, CITY OF AUBURN LOT LINE ADJUSTMENT NO. BLA 13-0007,ACCORDING TO THE OFFICIAL PLAT THEREOF,RECORDING NO. 20131108900002, RECORDS OF KING COUNTY, STATE OF WASHINGTON; (ABOVE DESCRIPTION AS ESTABLISHED OF RECORD UPON AFOREMENTIONED LOT LINE ADJUSTMENT SURVEYED BY DAVID A. IRONMONGER, DATED OCTOBER 22, 2013.) TOGETHER WITH VACATED ALLEY ADJOINING,ACCORDING TO CITY OF AUBURN ORDINANCE NO. 3200,RECORDED UNDER RECORDING NO. 7710130225 AND RECORDING NO. 7711100780, RECORDS OF KING COUNTY, STATE OF WASHINGTON; (ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENTIONED ORDINANACE NO. 3200, BY SAID INSTRUMENTS RECORDED AT RECORDING NUMBERS 7710130225 AND 7711100780 RECORDED BY THE CITY OF AUBURN.) AND TOGETHER WITH VACATED ROAD AND ALLEY ADJOINING, ACCORDING TO CITY OF AUBURN ORDINANCE NO. 6614,RECORDED UNDER RECORDING NO. 20161010000262,RECORDS OF KING COUNTY, STATE OF WASHINGTON. (ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENTIONED ORDINANACE NO. 6614, BY SAID INSTRUMENTS RECORDED AT RECORDING NUMBER 20161010000262 RECORDED BY THE CITY OF AUBURN.) Assessor's Tax Parcel ID# 733140-0135 RETURN_ADDRESS: Puget Sound Energy,Inc. Attn:ROW Department(SAM) PO Box 97034/EST-06W Bellevue,WA 98009-9734 PSE, PUGET SOUND ENERGY EASEMENT REFERENCE#: GRANTOR(Owner): CITY OF AUBURN,a municipal corporation GRANTEE(PSE): PUGET SOUND ENERGY,INC. SHORT LEGAL: Portion of NW 1/4 of the SW 1/4 of Section 18,T21N,R5E,W.M.,King County ASSESSOR'S PROPERTY TAX PARCEL: 733140=0136 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF AUBURN, a municipal corporation of the State of Washington ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC.,a Washington corporation("PSE"herein),for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property(the"Property"herein)in King County,Washington: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area"herein)described as follows: THE WEST EIGHT (8) FEET OF THE SOUTH THIRTY-FIVE (35) FEET, ADJOINING THE SOUTH EIGHT(8) FEET OF THE EAST FORTY-TWO(42)FEET OF THE WEST FIFTY(50) FEET LYING WITHIN THE ABOVE DESCRIBED PROPERTY. A DIAGRAM ILLUSTRATED IN EXHIBIT "B" DEPICTING THE APPROXIMATE LOCATION OF SAID EASEMENT IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF,AS A VISUAL AID ONLY. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission,distribution and sale of gas. Such systems may include,but are not limited to: Underground Facilities.Pipes, pipelines,mains,laterals,conduits,regulators,gauges and rectifiers for gas;fiber optic cable and other lines,cables and facilities for communications;semi-buried or ground- mounted facilities and pads,manholes,meters,fixtures,attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Gas Easement City of Auburn(101 Auburn Way South in Auburn) • WO 109099599 I RW-098213 Page 1 of 5 Following the initial construction of all or a portion of its systems,PSE may,from time to time,construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, 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. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall,except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut,trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber(if any)cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work,unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or Its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights,benefits,privileges and Interests arising in and under this easement. Without limiting the generality of the foregoing,the rights and obligations of the parties shall be binding upon their respective successors and assigns. DATED this day of 'C\ ,20\ . GRANTOR: The City of Auburn,a municipal corporation of the State of Washington, ay: �. Printed Name: '\C.x�C �c`c\kLA Its(Title): Gas Easement 5Z'� City of Auburn(101 Auburn Way South In Auburn) WO 109099599/RW-098213 Page 2 of 5 STATE OF WASHINGTON ) SS COUNTY OF ,r.c•\ On this �`� day of `C\ ,20-\'- , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared c ,-\L. S ,to me known to be the person(s)who signed as \- , of The City of Auburn, a municipal corporation of the State of Washington that executed the within and foregoing Instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. V-16,-:1 C AAA Pet�ter (Signature of Notary) 4` zr ,sift EXla"�� \ Ce %fn. V Z�ll s e oc►Rr a'�.� /¢ Z (Print or stamp name of Notary) i i = /f $ i ' , " NOTARY PUBLIC in and for the State of Washington,residing puSN' O4 0 " 01,1,4„,,4.p9'ry.''`Z`�= atC>�n_Y.b r �I' 11%W.O. My Appointment Expire d-k/ �S 11111\\‘\WSN' Notary seal,text and all notations must be Inside 1"margins Gas Easement City of Auburn(101 Auburn Way South in Auburn) WO 109099599/RW-098213 Page 3 of 5 EXHIBIT"A" LEGAL DESCRIPTION OF SERVIENT TENEMENT PARCEL A,CITY OF AUBURN LOT LINE ADJUSTMENT No.BLA 13-0007,ACCORDING TO THE OFFICIAL PLAT THEREOF,RECORDING No.20131108900002,RECORDS OF KING COUNTY,STATE OF WASHINGTON; (ABOVE DESCRIPTION AS ESTABLISHED OF RECORD UPON AFOREMENTIONED LOT LINE ADJUSTMENT SURVEYED BY DAVID A. IRONMONGER,DATED OCTOBER 22,2013.) TOGETHER WITH VACATED ALLEY ADJOINING,ACCORDING TO CITY OF AUBURN ORDINANCE NO.3200,RECORDED UNDER RECORDING N0.7710130225 AND RECORDING No.7711100780,RECORDS OF KING COUNTY,STATE OF WASHINGTON; (ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENTIONED ORDINANACE NO.3200,BY SAID INSTRUMENTS RECORDED AT RECORDING NUMBERS 7710130225 AND 7711100780 RECORDED BY THE CITY OF AUBURN.) AND TOGETHER WITH VACATED ROAD AND ALLEY ADJOINING,ACCORDING TO CITY OF AUBURN ORDINANCE No.6614,RECORDED UNDER RECORDING No. 20161010000262,RECORDS OF KING COUNTY,STATE OF WASHINGTON. (ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENTIONED ORDINANACE NO.6614,BY SAID INSTRUMENTS RECORDED AT RECORDING NUMBER 20161010000262 RECORDED BY THE CITY OF AUBURN.) Gas Easement City of Auburn(101 Auburn Way South in Auburn) WO 109099599/RW-098213 Page 4 of 5 EXHIBIT"B" EASEMENT DEPICTION DRAWING IS NOT TO SCALE Approximate location of utility easement area. Parcel No.733140-0135 201 Parcel A COA BLA 13-0007 j Rec. No. 20131108900002 w Parcel No.733140-0240 Parcel B COA BLA 13-0007 Rec. No.20131108900002 Parcel No. 733140-0237 1$`Street SE THIS MAP IS NOT INTENDED TO REPRESENT THE PRECISE LOCATION OR THE EXTENT OF THE PUGET SOUND ENERGY'S PRESENT OR FUTURE FACILITIES. Gas Easement City of Auburn(101 Auburn Way South in Auburn) WO 109099599/RW-098213 Page 5 of 5