HomeMy WebLinkAbout20010316000627 UTILITY EASEMENT 031601When Recorded Return To:
Puget Sound Energy, Inc.
Corporate Facilities Department
P.O. Box 97034
Bellevue, WA 98009-9734
Attn: W. Bressler
PUGET
SOUND
ENERGY
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2010316000627.
PACIFIC NU
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PAGE 001 OF 006
AGREEMENT AND EASEMENT FOR DRAINAGE DITCH
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REFERENCE Saiid docurrww*s) were F"d for
GRANTOR: Puget Sound Energy, Inc. +*owa by Padit Nwiftovw Two w
GRANTEE: City of Auburn scm,wr+o sow only' it h" nee ban
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LEGAL DESCRIPTION: NW 36-22-4 are w it WW upon We.
ASSESSOR'S PROPERTY TAX PARCEL: 000680-0010-05
6113 ~~~T Al"-8323-/2
THIS AGREEMENT made this aO day of g-6u c r 20yal between PUGET SOUND
ENERGY, INC., a Washington corporation ("PSE" herein), and the ity of Auburn, a Washington
municipal corporation ("Grantee" herein);
WHEREAS, such strip of land is presently owned and occupied by PSE in connection with PSE's
utility operations, (said strip being hereafter referred to as "PSE Property"); and
WHEREAS, PSE is the owner of a strip of land one hundred (100) feet in width running through the
Northwest Quarter of Section 36, Township 22 North, Range 4 East, W.M., King County, Washington; and
WHEREAS, Grantee desires an easement for drainage ditch purposes upon PSE Property at a
location more specifically described herein below;
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the
performance by Grantee of the covenants, terms and conditions hereinafter set forth, PSE hereby
conveys and quitclaims to Grantee the following easement:
A. A nonexclusive perpetual easement over, across, along, in, upon and under that portion of
PSE's Property described in Exhibit "A" attached hereto and by this reference made a part hereof for the
purposes of, constructing, operating, maintaining, removing, repairing, and using a drainage ditch and
appurtenances thereto (herein the "Improvements").
The terms "Easement" and "Easement Area" in this instrument refer to the easement herein
granted on PSE's Property and as described on the attached Exhibit "A".
This Easement is granted subject to and conditioned upon the following terms, conditions and
covenants which Grantee hereby promises to faithfully and fully observe and perform.
1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs
and expenses of construction and maintenance of the Improvements.
2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the
Improvements in accordance with the requirements of PSE, the National Electric Safety Code and any
statute, order, rule or regulation of any public authority having jurisdiction.
3. Use of PSE's Property by PSE. Grantee's rights herein shall at all times be subordinate
to such rights of PSE as are necessary to preserve and maintain the capabilities of PSE's Property to be
used for utility purposes, and nothing herein contained shall prevent or preclude PSE from undertaking
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By , Deputy
construction, installation and use of any utility facilities within PSE's Property. PSE shall not be liable to
Grantee or to Grantee's employees, agents, or to any other party benefiting from said Improvements, for
loss or injury resulting from any damage or destruction of the Improvements directly or indirectly caused
by PSE's existing or future use of PSE's Property.
4. Required Prior Notice and Approval of Plans and Specifications. Prior to any
installation, alteration, replacement or removal of the Improvements or any other major activity by Grantee
on PSE Property, Grantee shall give PSE written notice thereof together with preliminary plans and
specifications for the same at least thirty (30) days prior to the scheduled commencement of such activity.
PSE shall have the right to require that such plans and specifications be modified, revised or otherwise
changed to the extent that the final plans and specifications therefor shall include provisions for the
protection of PSE's facilities, the prevention of hazardous conditions and minimum interruption to PSE's
utility operations. No such activity shall be commenced without PSE's prior written approval of the plans
and specifications therefor and all changes or amendments thereto, which approval shall not be
unreasonably withheld. Notwithstanding the foregoing, in the event of any emergency requiring immediate
action by Grantee for protection of the Improvements, persons or property, Grantee may take such action
upon such notice to PSE as is reasonable under the circumstances.
Nothing herein shall be deemed to impose any duty or obligation on PSE to determine the
adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain whether Grantee's
construction is in conformance with the plans and specifications approved by PSE.
5. As-Built Survey. Upon PSE's request, Grantee shall promptly provide PSE with as-built
drawings and survey showing the location and elevations of the Improvements on PSE's Property.
6. Grantee's Use and Activities. Grantee shall exercise its rights under this Agreement so
as to minimize and avoid, insofar as possible, interference with the use by PSE of PSE's Property for utility
purposes and shall at all times conduct its activities on the Easement Area so as not to interfere with,
obstruct or endanger PSE's operations or facilities. Grantee shall install the Improvements and conduct
any other of its substantial activities on PSE's Property as may be communicated to Grantee by PSE for
the purpose of protecting PSE's facilities, preventing hazardous conditions and minimizing interruptions to
PSE's utility operations.
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~ 7. Coordination of Activities. Grantee shall give at least 30 days advance written notice of
o the proposed dates of its construction, repair and maintenance activities on PSE's Property to PSE's
Manager District Operations presently headquartered in PSE's South King Complex located at 22828 681'
Ave. South, Kent WA 98032, phone 253-395-6875, or such other office of PSE as PSE may from time to
time designate. Grantee shall cooperate in the revision of such dates and/or the coordination of its
activities with those of PSE's if deemed necessary by PSE to minimize conflicts, insure protection to each
c= parties facilities, prevent hazardous conditions, or minimize interruption of PSE's operations. Provided,
however, that in the event of an emergency requiring immediate action by Grantee for the protection of its
o Improvements or other persons or property, Grantee may take such action upon such notice to PSE as is
CCV reasonable under the circumstances.
8. Work Standards. All work to be performed by Grantee on PSE's Property shall be
designed and constructed so as to withstand the consequences of any short circuit of any of PSE's
electric facilities now or hereafter installed on PSE's Property. All work to be performed by Grantee on
PSE's Property shall also be in accordance with the plans and specifications submitted to and approved
by PSE and shall be completed in a careful and workmanlike manner to PSE's satisfaction, free of claims
or liens; however, nothing herein shall be deemed to impose a duty or obligation on PSE with respect to
the sufficiency thereof. Without limitation to the foregoing, Grantee shall exercise the utmost caution when
conducting its activities in the vicinity of any of PSE's energized utility lines in order to prevent any contact
therewith. Upon completion of such work Grantee shall remove all debris and restore the ground surface
as nearly as possible to the condition in which it was at the commencement of such work, and shall
replace any property corner monuments which were disturbed or destroyed during construction. Grantee
shall also pay to PSE all of PSE's costs necessary to re-establish destroyed survey references and hubs
established by PSE in conjunction with a;iy survey for new facilities on PSE's Property.
9. Changes and Repairs to PSE's Facilities. Grantee shall promptly pay to PSE the cost
of any relocation, alteration, restoration and other changes or repairs to PSE's facilities which PSE shall
reasonably deem necessary by reason of the construction, use and maintenance of the Improvements or
other activities of Grantee on PSE's Property. Without limitation to the foregoing, Grantee shall promptly
pay to PSE the cost of temporary raising of wires and the realignment or strengthening of power poles or
towers made necessary by Grantee's activities pursuant to this Agreement. If PSE so requests, Grantee
shall provide assurance of payment satisfactory to PSE prior to PSE's commencement of such work. PSE
shall accomplish such changes or repairs, subject to the availability of labor and materials. For the
purpose of this paragraph, "cost" shall be defined as all direct or assignable costs of materials, labor and
services including overhead, in accordance with charges for transportation of men, material, and
equipment, storage expense of material and rental of equipment.
10. Access. The Grantee shall design, construct, maintain and use its Improvements in such
fashion as to permit reasonable and continuous access along PSE's Property in all directions, and in such
fashion as to accommodate and support vehicular travel over and across the Improvements, including
travel by cranes and trucks with heavy loads. Grantee shall at all times keep PSE's Property free and
clear of all obstructions and equipment. If requested by PSE, the Grantee shall make provisions for
continued access by PSE along PSE's Property during construction of the Improvements.
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11. Inspectors. PSE shall appoint one or several PSE representatives who shall serve as
inspectors to oversee all work to be performed by Grantee on PSE's Property. Grantee shall not carry on
any work unless it has given such notice to PSE as may be reasonable in the circumstances so as to
allow for the presence of such inspector or inspectors. Grantee and Grantee's contractors shall promptly
and fully comply with all orders and directions of PSE's inspectors, including without limitation, cessation
of work, and Grantee's construction contracts shall so provide. Grantee shall promptly pay PSE's charge
for such inspectors.
12. Conflict with Future Installations of PSE. In the event that it should become necessary
for PSE to install additional utility systems for purposes of transmission, distribution and sale of gas,
electricity, communications and other network commodities or services or otherwise use PSE's Property
and if, in the sole judgment of PSE, the location, existence and use of the Improvements interferes with
such installation or use to the extent that it is impracticable or substantially more expensive to accomplish
such installation or use, or that such installation or use may pose a hazard because of the location,
existence or use of the Improvements, Grantee shall have the obligation to either, in Grantee's sole
discretion, (a) protect, modify or relocate the Improvements at the cost and expense of Grantee, so as to
remove the interference or hazard to PSE's satisfaction, or (b) to reimburse PSE for its added costs of
design, construction and installation to avoid such interference or hazard. In the event PSE intends to
undertake any such construction, PSE shall give Grantee reasonable advance written notice of such
intention together with preliminary plans and specifications for such work, identifying the potential
interference or hazard and all design information relating thereto. In no event shall such notice and plans
be required to be given more than six months prior to the scheduled commencement of work.
Within one month after receiving such notice from PSE, Grantee shall give written notice to PSE
by which notice Grantee will elect to (a) protect, modify or relocate the Improvements, or (b) reimburse
PSE for its said added costs. If the Grantee elects to protect, modify or relocate the Improvements it shall
commence work promptly and diligently prosecute such work to completion prior to the scheduled date of
commencement of PSE's construction. If Grantee elects to pay PSE's added costs, Grantee shall give
PSE satisfactory assurance of payment of such costs at the time such notice of election is given. If
Grantee does not so elect one of the above-described options by giving PSE the required notice, PSE
shall be entitled to make such an election on behalf of Grantee, Grantee agrees that this election shall be
binding upon Grantee and have the same effect as if made by Grantee. If PSE so elects option (a)
described herein or if Grantee elects option (a) and fails to commence and prosecute its work as
contemplated herein, PSE may, at its option, undertake such work on behalf of Grantee as PSE deems
necessary pursuant to option (a) and Grantee shall promptly pay PSE for all costs incurred by PSE in
performing such work. PSE's costs reimbursable under this paragraph are defined as in Paragraph 9
herein.
13. Termination for Breach. In the event Grantee breaches or fails to perform or observe
any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of
PSE's giving Grantee written notice thereof, or within such other period of time as may be reasonable in
the circumstances, PSE may terminate Grantee's rights under this Agreement in addition to and not in
limitation of any other remedy of PSE at law or in equity, and the failure of PSE to exercise such right at
any time shall not waive PSE's right to terminate for any future breach or default.
14. Termination for Cessation of Use. In the event Grantee ceases to use the
Improvements for a period of five (5) successive years, this Agreement and all Grantee's rights hereunder
shall automatically terminate and revert to PSE.
15. Release of Improvements on Termination. No termination of this Agreement shall
release Grantee from any liability or obligation with respect to any matter occurring prior to such
termination, nor shall such termination release Grantee from its obligation and liability to remove the
Improvements from PSE's Property and restore the ground.
16. Removal of Improvements on Termination. Upon any termination of this Agreement,
Grantee shall promptly remove from the Easement Area its Improvements and restore the ground to the
condition now existing or, in the alternative, take such other mutually agreeable measures to minimize the
impact of the Improvements on PSE's Property. Such work, removal and restoration shall be done at the
sole cost and expense of Grantee and in a manner satisfactory to PSE. In case of failure of Grantee to so
remove its Improvements, restore the ground or take such other mutually agreed upon measures, PSE,
may, after reasonable notice to Grantee, remove Grantee's Improvements, restore the ground or take
such measures at the expense of Grantee, and PSE shall not be liable therefor.
17. Third Party Rights. PSE reserves all rights with respect to its property including, without
limitation, the right to grant easements, licenses and permits to others subject to the rights granted in this
Agreement.
18. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend
and save harmless PSE from and against any and all liability, loss, cost, damage, expense, actions and
claims, including costs and reasonable attorney's fees incurred by PSE in defense thereof, asserted or
arising directly or indirectly on account of or out of (1) acts or omissions of Grantee and Grantee's
servants, agents, employees, and contractors in the exercise of the rights granted herein, or (2) acts and
omissions of PSE in its use of PSE's Property which affect Grantee's employees, agents, contractors, and
other parties benefiting from said Improvements; provided, however, this paragraph does not purport to
indemnify PSE against liability for damages arising out of bodily injury to persons or damage to property
caused by or resulting from the sole negligence of PSE or PSE's agents or employees.
19. Insurance. Prior to Grantee's construction activities or other substantial activities on
PSE's Property under the rights provided herein, Grantee shall submit to PSE evidence that Grantee or
Grantee's contractors has obtained comprehensive general liability coverage naming PSE as an additional
insured (including broad form contractual liability coverage) satisfactory to PSE with limits no less than the
following:
Bodily Injury Liability, including $2,000,000
automobile bodily injury each occurrence
Property Damage Liability, including $2,000,000
automobile property damage liability each occurrence
Said evidence shall be submitted on PSE's Certificate of Insurance standard form (which form
PSE shall provide upon request) or such other form as PSE may from time to time approve.
Said coverage shall be maintained by Grantee or Grantee's contractors during the period when
such activities take place.
20. Taxes and Assessments. Grantee shall promptly pay or reimburse PSE for any taxes
and/or assessments levied as a result of this Agreement or relating to the Grantee's improvements
Jr- constructed pursuant to this Agreement.
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0 21. Title. The rights granted herein are subject to permits, leases, licenses and easements, if
any, heretofore granted by PSE affecting PSE's Property subject to this Agreement. PSE does not
warrant title to PSE's Property and shall not be liable for defects thereto or failure thereof.
22. Notices. Unless otherwise provided herein, notices required to be in writing under this
Agreement shall be given as follows:
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ca If to Puget: Puget Sound Energy, Inc.
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Corporate Facilities Dept., OBC-11N
P.O. Box 97034
Bellevue, WA 98009-9734
If to Grantee: CITY OF AUBURN
City Engineering Department
25 West Main Street
Auburn, WA 98001-4998
Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the
United States Mail, postage prepaid, certified or registered mail, return receipt requested, or upon delivery
thereof if otherwise given. Either party may change the address to which notices may be given by giving
notice as above provided.
23. Assignment. Grantee shall not assign its rights hereunder. No assignment of the
privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabilities of
Grantee herein, whether by operation of law or otherwise, shall be valid without the prior written consent of
PSE.
24. Successors. The rights and obligations of the parties shall inure to the benefit of and be
binding upon their respective successors and assigns.
25. Llabillty. In the event of any assignment of the rights hereunder, the liability of Grantee
and its assignees shall be joint and several.
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
CITY OF AUBURN
By:
Its:
Appro d o m
By:
PUGET SOUND ENERGY, INC.
By:
irector Corporate F ities
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
u On this 10M- day of -c"13 tW, 2001, before me, the undersigned, personally appeared
R. S. MCNULTY, to me known to be the Director Corporate Facilities of PUGET SOUND ENERGY, INC.,
C=> the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free
an and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute the said instrument.
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o WITNESS my hand and official seal hereto affixed the day and year above written.
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AGREEMENT AND EASEMENT FOR DRAINAGE DITCH
PUGET SOUND ENERGY, INC. TO CITY OF AUBURN
EXHIBIT A
LEGAL DESCRIPTION FOR DRAINAGE DITCH
AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A
PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE
MERIDIAN, AND BEING THAT PORTION OF THE 100 FOOT WIDE PUGET SOUND
ENERGY RIGHT OF WAY KNOWN AS THE PUGET SOUND ELECTRIC RAILWAY
RIGHT OF WAY, SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S.
277TH ST. STATION 35+03.54,46.90 FEET LEFT; THENCE NORTHEASTERLY TO S. 277T"
ST. STATION 35+33.80, 50.34 FEET LEFT; THENCE SOUTHEASTERLY TO S. 277TH ST.
STATION 35+36.06,30.47 FEET LEFT; THENCE SOUTHWESTERLY TO THE
WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 35+03.43,26.76
FEET LEFT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF
BEGINNING.
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o THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN
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•a ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF
AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C
INCLUSIVE, UNDER RECORDING NUMBER 19990708900014, KING COUNTY
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RECORDS.
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