HomeMy WebLinkAbout5374 RESOLUTION NO. 5 3 7 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE THE 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 line
facility located under a portion of CITY owned Veterans Memorial Park; and
WHEREAS, the existing gas line facility actively supplies natural gas to the Auburn
Senior High School's Football Stadium located adjacent to Veterans Memorial Park; and
WHEREAS, currently there is no easement granted to PSE for access,
maintenance, repair, replacement or otherwise for the PSE facility; and
WHEREAS, it would be in the best interest of public health and safety for the CITY
to convey an easement to PSE for the purposes of constructing, operating, maintaining,
repairing, replacing, improving, removing, upgrading or extending of the PSE facility;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to execute a Real
Estate Easement Agreement between the City of Auburn and Puget Sound Energy for
real property rights, which agreement shall be in substantial conformity with the
Agreement attached hereto as Exhibit "Easement Agreement" and incorporated herein
by this reference.
Resolution No. 5374
July 16, 2018
Page 1 of 2
Section 2. The Mayor is hereby authorized to take such administrative and/or
procedural action as may be necessary and/or appropriate to carry out the directives of
this legislation and to accommodate the decision to convey a Utility easement to PSE
Section 3. That this Resolution shall take effect and be in full force upon passage and
signatures hereon.
Dated and Signed this /0 day of , 2018.
CITY OF AUBURN
t
A CY BA S, MAYOR
ATTEST:
f\ a,e,c
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Ai?. 4
Steven L. Gross, City Attorney
Resolution No. 5374
July 16, 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 "FSE" 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"
WITNES SETH :
Whereas, PSE owns an existing gas line facility located under a portion of CITY owned
Veterans Memorial Park; and
Whereas, the existing gas line facility actively supplies natural gas to the Auburn Senior
High School's Football Stadium located adjacent to Veterans Memorial Park; and
Whereas, there is no easement granted to PSE for access, maintenance, repair, replacement
or otherwise to the PSE facility; and
Whereas, it would be in the best interest of the public for the CITY to grant an easement to
PSE for purposes of constructing, operating, maintaining, repairing, replacing, improving,
removing,upgrading or extending of the PSE facility;
NOW, THEREFORE, in consideration of the public's health, safety and well-being, 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 the PSE which is hereby 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 hereby legally described and
attached hereto as Exhibit C ("Encumbered Property"). Included in this conveyance shall be the
use of such additional area immediately adjacent to the Easement 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. For the 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. 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.
6. 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.
7. 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.
8. SIGNATURES: Signatures on the following pages
Dated and Signed this 21 day of C v,,e__ , 20 a
GRANTEE: PUGET SOUND ENERGY,INC.,
Aid /17,9-fi eirat REAL F.5 E
Name: Title:
Dated and Signed this tLday of , 201
SELLER: CITY OF AUBURN
\61)1W0144106
l4ancy Backu eor
APP De D • S TO FORM:
110
4.40,14116
- anic B, uo;a City Attorney
Steven L-(cross
EXHIBIT A
Legal Description of Utility Easements
EASEMENT NO. 1
THE WEST 205 FEET OF THE EAST 220 FEET OF THE SOUTH 10 FEET; AND
EASEMENT NO. 2
THE SOUTH 110 FEET OF THE EAST 15 FEET OF THE FOLLOWING:
All that certain real estate situate in the south 1/2 of the north%z of the northwest 1/4 of Section 18,
Township 21 north of Range 5 east W M,particularly bounded as follows,to wit.
Beginning at a point on the south line of the north 1/2 of the northwest 1/4 of said section 18,which
point is 30 feet westerly from the southwest corner of the northeast %4 of the northwest 1/4 of said
section 18;thence easterly along the south line of the north 1/2 of the northwest 1/4 of said section 18,
a distance of 992.395 feet to a point,thence northerly on a line parallel with the west boundary line
of the northeast 1/ of the northwest 1/4 of said section 18, a distance of 659.23 feet to the north
boundary line of the south %2 of the north%2 of the northwest 1/4 of said section 18,thence westerly
along said north boundary line of the south 1/2 of the north 1/2 of the northwest 1/4 of said section 18,
a distance of 832.395feet to a point,thence southerly on a line parallel with the west boundary line
of the northeast Y4 of the northwest 1/4 of said section 18 a distance of 359.61 feet to a point; thence
westerly on a line parallel with the south line of the north 1/2 of the northwest 1/4 of said Section 18,
a distance of 160 feet to a point,thence southerly on a line parallel with the west boundary line of
the northeast 1/4 of the northwest 1/4 of said section 18 a distance of 300 feet to the point of
beginning.
Less the east 400.00 feet
Assessor's Tax Parcel ID# 182105-9327
EXHIBIT B
Depiction of Utility Easements
AUBURN. WASHINGTON
BOUNDARY LINE �^
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EXHIBIT C
Encumbered Property
•
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All that certain real estate situate in the south 1/2 of the north 1/2 of the northwest 1/4 of Section 18,
Township 21 north of Range 5 east W M,particularly bounded as follows,to wit.
Beginning at a point on the south line of the north 1/2 of the northwest 1/4 of said section 18,which
point is 30 feet westerly from the southwest corner of the northeast 1/4 of the northwest 1/4 of said
section 18; thence easterly along the south line of the north 1/2 of the northwest 1/4 of said section 18,
a distance of 992.395 feet to a point,thence northerly on a line parallel with the west boundary line
of the northeast 1/4 of the northwest 1/4 of said section 18, a distance of 659.23 feet to the north
boundary line of the south 1/2 of the north 1/2 of the northwest 1/4 of said section 18, thence westerly
along said north boundary line of the south 1/2 of the north 1/2 of the northwest 1/4 of said section 18,
a distance of 832.395feet to a point,thence southerly on a line parallel with the west boundary line
of the northeast 1/4 of the northwest 1/4 of said section 18 a distance of 359.61 feet to a point;thence
westerly on a line parallel with the south line of the north 1/2 of the northwest 1/4 of said Section 18,
a distance of 160 feet to a point,thence southerly on a line parallel with the west boundary line of
the northeast 1/4 of the northwest 1/4 of said section 18 a distance of 300 feet to the point of
beginning.
Less the east 400.00 feet
Assessor's Tax Parcel ID# 182105-9327
li
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn:ROW Department
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: NW 1/4,Sec, 18,Twp.21N, Rng.05E,W.M.
ASSESSOR'S PROPERTY TAX PARCEL: 182105-9327
For and in consideration of good and valuable consideration,the receipt and sufficiency of which are 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:
EASEMENT NO. 1
THE WEST 205 FEET OF THE EAST 220 FEET OF THE SOUTH 10 FEET; AND
EASEMENT NO. 2
THE SOUTH 110 FEET OF THE EAST 15 FEET OF THE REAL PROPERTY AS DESCRIBED IN
EXHIBIT"A".
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.
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.
Page 1 of 4
WO#1091023301/RW-101842/Nil 11328377
Plat 232.080(Veterans Memorial Park)
ses
3. 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. PSE shall use good faith efforts to perform its restoration
obligations under this paragraph as soon as reasonably possible after the completion of PSE's work.
4. 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.
5. 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.
6. 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.
7. 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 I r day of ,2018.
GRANTOR:
The City of Auburn,a municipal corporation
of the State of Washington.
BY: , .
I Mayor ik
Att t:
Title. 6./t7 &ft
Approv s t form:
Title: C•i)/a 6_
Page 2 of 4
•
•
WON 1091023301/RW-101842/NSt 11328377
Plat 232.080(Veterans Memorial Park)
ses
ACKNOWLEDGMENT
STATE OF WASHINGTON §
§ Ss.
COUNTY OF KING §
On this t"1 day of � ,2018, before Kie,a Notary Pubic in and for the State of
Washington,duly commissioned and sword,personally appeared i1t!l.C\Gy i'�(A(, arms-
,to me known to be the Mayor arrIT of
the municipal corporation that executed the within and foregoing instrument, and acknowledged the same to be the
free and voluntary ct and deed of said municipal corporation,for the uses and purposes therein mentioned and on
oath stated that ! (,/ are authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
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.Alit, �O>efr` I. S
�� paha 2$41.„k s NOTARY PUpLIC i and f the State of Washington,
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� �OIIIINN\HW `� `1 residing at GILT I w
�S1t1`IF`W�,S • "••• My Appointment Expires:
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Notary seal,text end all notations must be inside t'margins
Page 3 of 4
WO#1091023301/RW-101842/N#11328377
Plat 232.080(Veterans Memorial Park)
ses
EXHIBIT 'A'
Attached hereto and made a part hereof Easement dated ,2018,
By and between
City of Auburn,a municipal corporation of the State of Washington, as Grantor(Owner)
And
Puget Sound Energy, Inc., a Washington corporation, as Grantee(PSE) .
All that ertairi.real estate situate in the south V2 of the north 1/1 of the northwest'A of Section 18,Township 21
north of Range 5 east—W M;particularly bounded as follows,to wit.
Beginning at a point on the south line of the north V3 of the northwest'A of said section 18,which point is 30 -
feet westerly from the southwest corner of the northeast%of the northwest%of said section 18;thence easterly
along the south line of the north'A of the northwest'A of said section 18,a distance of 992 395 feet to a point,
thence northerly on a line parallel with the west boundary line of the northeast 1/4 of the northwest 1/4 of said
section 18,a distance of 659.23 feet to the north boundary line of the south'/ of the north V2 of the northwest 1/4
of said section 18,thence westerly along said north boundary lane of the south %2 of the north%z of the
northwest% of said section 18,a distance of 832.395 feet to a point,thence southerly on a line parallel with the
west boundary line of the northeast'A of the northwest'A of said section 18 a distance of 359 61 feet to a point;
thence westerly on a line parallel with the south line of the north '/a of the northwest'A4 of said Section 18,a
distance of 160 feet to a point,thence southerly on a line parallel with the west boundary line of the northeast'A
of the northwest 1/4 of said section 18 a distance of 300 feet to the point of beginning
Less the east 400 00 feet
Ass,,ssor's Tax Parcel ID# 182105-9327
Page 4 of 4
WON 1091023301/RW-101842/N#11328377
Plat 232.080(Veterans Memorial Park)
ses