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Home My WebLink About3632 .. RESOLUTION NO..3 632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT AND EASEMENT . WITH PUGET SOUND ENERGY FOR UNDERGROUNDING ELECTRICAL UTILITIES. WHEREAS, Puget Sound Energy (PSE), hereinafter referred to as the "UTILITY" is under-grounding electrical utilities in the GSA Park sites; and WHEREAS, the City of Auburn, hereinafter referred to as "CITY", will be constructing an underground electrical system to serve the property; and WHEREAS, the UTILITY and the CITY desire to utilize property belonging to the CITY for an underground line in connection with the development of Baseball fields, which would be owned by the UTILITY and the CITY; and WHEREAS" in order for the CITY to permit such use of City property, the CITY wants to assure that the owners of the property are responsible for, and obligated to, cover the future costs and impacts to the CITY therefrom.' NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an agreement and utility Easement for underground utilities with UTILITY, a copy of which is attached hereto, denominated as Exhibit "1" and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution 3632 August 7, 2003 Page I of2 Section 3. This resolution shall be in full force and effect upon passage and signature hereon. DATED this l<b~ay of August, 2003. Attest: !1JAS];)dJ~~ Danlelle E. Daskam City Clerk Approved As To Form: \ ''---- Resolution 3632 August 7, 2003 Page 2 of2 PETER B. LEWIS MAYOR ---" L-- RESOLUTION NO. ,3 6 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT AND EASEMENT . WITH PUGET SOUND ENERGY FOR UNDERGROUNDING ELECTRICAL UTILITIES. WHEREAS, Puget Sound Energy (PSE), hereinafter referred to as the "UTILITY" is under-grounding electrical utilities in the GSA Park sites; and WHEREAS, the City of Auburn, hereinafter referred to as "CITY", will be constructing an underground electrical system to serve the property; and WHEREAS, the UTILITY and the CITY desire to utilize property belonging to the CITY for an underground line in connection with the development of Baseball fields, which would be owned by the UTILITY and the CITY; and WHEREAS" in order for the CITY to permit such use of City property, the CITY wants to assure that the owners ofthe property are responsible for, and obligated to, cover the future costs and impacts to the CITY therefrom. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an agreement and utility Easement for underground utilities with UTILITY, a copy of which is attached hereto, denominated as Exhibit "1" and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution 3632 August 7, 2003 Page I of2 Section 3. This resolution shall be in full force and effect upon passage and signature hereon. DATED this l~'*~ay of August, 2003. Attest: !JJJA5fZk!1Ja~ Danlelle E. Daskam City Clerk Approved As To Form: Resolution 3632 August 7,2003 Page 2 of2 ~ PETER B. LEWIS MAYOR --- L--> K'c.J(~~(.73 OJ;;.Jddd<f92. RETURN ADDRESS: puget Sound Energy, Inc. Attn: ROW Department PO Box 90868, GEN-03E Bellevue, WA 98009-9869 EASEMENT REFERENCE #: GRANTOR: CITY OF AUBURN GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NE Y. Sec. 24, Twp.21N, Rg. 4E, W.M. ASSESSOR'S PROPERTY TAX PARCEL(S): 342104-9075-04 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF AUBURN, a municipal corporation of the State of Washington, ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("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 Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: An Easement Area 15 described as follows: feet in width having 7.5 feet of such width on each side of a centerline THE CENTERLINE OF GRANTEE'S FACILITIES AS NOWCONSTRUCTED OR TO BE CONSTRUCTED, AND FURTHER DESCRIBED IN EXHIBIT 'B' ATTACHED HERETO ANDBY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; 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, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right 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 right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right 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. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written 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 rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property 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 period of time from the date hereof. UG Electric 11/1998 WO# 101017230/ OFN 39864 U-Map 2104E093 sas City of Auburn WO# 101017230 1 OFN 39864 6. Successors and Assigns. Grantee 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 inure to the benefit of and be binding upon their respective successors and assigns. DATED this \~~ day of ~lA~+- ,2003. GRANTOR: ~~~ STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this /8 '/t., day of {~, 2003, before me, a Notary Public in and for the State of Washington, duly commissioned :nd's~A, pers'onally appeared P~n:r 13. tl::wrs and DAn /6./ II- {)4, K", I WI . to me known to be the Mayor and C i-:!JL. ~I!: of the municipal corporation that executed the within and foregoing instrument, and acknowledged the same to be the free and voluntary act 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. --''''''''''''''''\''' ~.oA ~ dJ. .:--:~t-~\~.~g. ;.;~\ ~ .;' ~,. ..~e:;SION i..j:',v(,'" (Signature of tary) d *1...L . ; jg :~~ 1,.....~'~ / O~ ,- j K c .r-li t:. ;C/J:'o ~OTA~,..~'..j)~ V: :Q'1a..'1,'e .' M.<... cY ~ : 0 _._ (II: ~ (Print or s amp name of Notary) ~ : : $ . ~ lP \ ,oUBL\V .:" ~! '~;;,... ." 0; I, '1)O":""~'29.01....' G- z " '''0 ......... ~~ -- "'" 'f: WAS'" .......... Notary seal, text and all notatlons'~~"'~'1h\'It!tt"r""marginS NOTARY PUBWC in and for the State of Washington, residing at ~d~#ltl ~-5:. My Appointment Expires: -{) 3 '1 / T)~ City of Auburn WO# 101017230 1 OFN 39864 EXHIBIT 'A' Attached hereto and made a part hereof Easement dated ~us\ It, 2003, By and between City of Auburn, a Washington municipal corporation, as Grantor And Puget Sound Energy, Inc., a Washington corporation, as Grantee. Parcel 1 Approximately 6.4 acres of land situated in the Northeast quarter of Section 24, Township 21 North, Range 4 East, Willamette Meridian, King County, Washington, described as follows: Beginning at a brass plug marking the center of Section 25, Township 21 North, Range 4 East, WM., King County, Washington, said monument also marking the centerline intersection of Algona and Greenhalgh Roads, the centerline of Algona Road which bears S. 89046' 07" W; thence N. 8047' 00" E. a distance of 50.01 feet; thence N. 89046' 07" E. a distance of 121.20 feet; thence thru a curve to the left having a radius of 603.11 feet and a central angle of 310 58' 55" for a distance of 336.65 feet; thence N. 57047' 12" E. a distance of 539.05 feet; thence N. 20 13' 01" W a distance of 5640.34 feet to a concrete monument with brass insert the true point of beginning; thence N. 87047' 46" E., a distance of1116.88 feet to the Westerly right of way line of County Road No. 76; thence N. 20 12' 33" W a distance of 453.55 feet along said Westerly right of way line to a concrete monument with brass insert; thence N. 530 16' 31" W a distance of 602.20 feet; thence S. 1004' 23" E. a distance of 258.48 feet to existing cyclone fence corner; thence S. 240 55' 39" W a distance of 61.50 feet; thence S. 1057' 58" E. a distance of 458.21 feet; thence S. 87047' 46" W a distance of 614.90 feet; thence S. 20 13' 01" E. a distance of 60 feet to the true point of beginning. EXCEPT an easement for public street purposes described as follows: Beginning at a brass plug marking the center of Sec. 25, T. 21 N., R. 4 E., Willamette Meridian, King County, Washington, said monument also marking the center line intersection of Algona and Greenhalgh Roads, the center line of Algona Road which bears S. 89046' 07" W; thence N. 8047' 00" E. a distance of 50.01 feet; thence N. 89046' 07" E. a distance of 121.20 feet; thence through a curve to the left having a radius of 603.11 feet and a central angle of 310 58' 55" for a distance of 336.65 feet; thence N. 57047' 12" E. a distance of 539.05 feet; thence N. 20 13' 01" W a distance of 5640.34 feet, to the true point of beginning; thence N. 87047' 46" E. a distance of 1116.88 feet to a point in the westerly right of way line of County Road No. 76; thence N. 20 12' 33" W along said westerly right of way line a distance of 100 feet; thence S. 87047' 46" W a distance of 501.97 feet mil; thence S. 1057' 58" E. a distance of 40 feet; thence S. 87047' 46" W a distance of 614.90 feet; thence S. 20 13' 01" E. a distance of 60 feet to the true point of beginning. RE: APN: 342104-9075-04 U-Map 2104E093 City of Auburn WO# 101017230 1 OFN 39864 EXHIBIT 'B' Attached hereto and made a part hereof Easement datedQll3u <)t- 1 ~ , 2003, By and between City of Auburn, a Washington municipal corporation, as Grantor And Puget Sound Energy, Inc., a Washington corporation, as Grantee. PUGET SOUND ENERGY EASEMENT ON THE GSA PARK, CITY OF AUBURN A PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., KING COUNTY, WASHINGTON, SAID PORTION BEING AN EASEMENT 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LANDS CONVEYED TO THE CITY OF AUBURN IN DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 6160977, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 01004"23" EAST ALONG THE WEST LINE OF SAID LANDS A DISTANCE OF 258.48 FEET; THENCE SOUTH 24055'39" WEST ALONG SAID WEST LINE A DISTANCE OF 61.50 FEET; THENCE SOUTH 01057'58" EAST ALONG SAID WEST LINE A DISTANCE OF 166.50 FEET TO THE TRUE POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION; THENCE NORTH 80040'50" EAST 49.79 FEET; THENCE NORTH 87044'19" EAST A DISTANCE OF 452.91 FEET TO THE WEST LINE OF "C" STREET SOUTHWEST AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION. THE SIDELINES OF THIS EASEMENT SHALL BE SHORTENED OR LENGTHENED SO AS TO INTERSECT IN THEMSELVES AND TERMINATE IN THE WEST LINE OF THE LA NDS CONVEYED TO THE CITY OF AUBURN IN DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 6160977 AND IN THE WEST LINE OF "C" STREET SOUTHWEST. RE: APN: 342104-9075-04 U-Map 2104E093