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HomeMy WebLinkAbout8102090631 SEWER EASEMENT 020981A C rill 1y Fie 3 2 34 '8 7 AGREEMENT FOR EASEMENT FOR SANITARY SEWER PIPELINE C, .51: OF 6I' I I O THIS AGREEMENT made this day of .rt.~ 1980, between PUGET SOUND POWER & LIGHT COMPANY, a Washington corpora- tion ("Puget" herein), and the CITY OF AUBURN, a municipal corporation of the State of Washington ("Grantee" herein); WHEREAS, Puget is the owner of a strip of land one hundred c~ (100) feet in width running generally north and south through the Southwest 1/4 of #-W- 40iemowlRO, Township 21 North, Range 4 East, CD W.M., King County, Washington, which strip of land is presently CD owned and occupied by Puget in connection with Puget's electric CNJ utility operations, (said strip being hereafter referred to as "Puget's Right of Way"); and o;J WHEREAS, Grantee desires an easement for a sanitary sewer pipeline across Puget's Right of Way at a location more specifi- cally described hereinbelow; NOW THEREFORE, in consideration of Ten and No/100 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, Puget hereby grants,.conveys and quit- claims to Grantee the following easements: A. A nonexclusive perpetual easement across, along, in, upon and under that portion of Puget's Right of Way described in Exhibit "A" attached hereto and by this reference made a part hereof, for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing and using}o sanitary sewer pipeline consisting of a concrete pipe; r inches in diameter, with all connections, manholes and underground appur- tenances thereto (herein the "Sewer Line"), together with the nonexclusive right of ingress to and egress from said portion of Puget's Right of Way for the foregoing purposes; The terms "Easement" and "Easement Area" in this instrument refer to the easement on the property described in Exhibit "A". This easement is granted subject to and conditioned.upon the following terms, conditions and coventants 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 Sewer Line. 2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the Sewer Line in accordance with the requirements of Puget, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having" jurisdiction. .r 3. Use of the Right of Way by Puget. Grantee's rights herein shall at all times be subordinate to such rights of Puget as are necessary to preserve and maintain the capabilities of Puget's Right of Way to be used for electric utility purposes, and nothing herein contained shall prevent or preclude Puget from undertaking construction, installation and use of any electric utility facilities within Puget's Right of Way. Puget shall not be liable to Grantee or to Grantee's employees, agents, or to any other party benefiting from said Sewer Line, for loss or injury resulting from any damage or destruction of the Sewer Line t' directly or indirectly caused by Puget's existing or future use of Puget's Right of Way. i+r.,l PIEC[;j °r a.Ill,i ~1 t: Sp me ac PL 4. Required Prior Notice and Approval of Plans and ecifications. Prior to any installation, alteration, replace-- nt or removal of the Sewer Line facilities •or any other major tivity by Grantee on Puget's Right of Way, Grantee shall give get written notice thereof together with preliminary plans and specifications for the same at least six (6) months prior to the scheduled commencement of such activity. Puget 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 Puget's facilities, the prevention of hazardous conditions and-minimum interruption to Puget's utility opera- tions. No such activity shall be commenced without Puget'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 Sewer Line, persons or property, Grantee may take such action upon such notice to Puget as is reasonable under CD ' pr the circumstances. Q Nothing herein shall be deemed to impose any duty or obligation on Puget to determine the adequacy or sufficiency of CO the Grantee's plans and specifications, or to ascertain whether Grantee's construction is in conformance with the plans and specifications approved by Puget. 5. As-Build Survey. Upon Puget's request, Grantee shall promptly provide Puget with as-built drawings and survey showing the location and elevations of the Sewer Line facilities on Puget's Right of Way. 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 Puget of its x. Right of Way for electric utility purposes and shall at all times conduct its activities on the Easement Area so as not to inter- fere with, obstruct or endanger Puget's operations or facilities. Grantee shall install the Sewer Line and conduct any other of its substantial activities on Puget's Right of Way as-may be commu- nicated to-Grantee by Puget for the purpose of protecting Puget's facilities, preventing hazardous conditions and minimizing interruptions to Puget's utility operations. . 7. Coordination of Activities. Grantee shall give at least 30 days advance written notice of the proposed dates of its construction, repair and maintenance activities on Puget's Right of Way to Puget's South Central Division (presently headquartered at Renton, Washington), or such other division of Puget as Puget 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 Puget's if deemed necessary by Puget to minimize conflicts, insure protection to'each party's facilities, prevent hazardous conditions, or minimize interruption of Puget's operations. Provided, however, that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Puget 'as is reasonable under the circumstances. 8. Work Standards. All work to be performed by Grantee on Puget's Right of Way shall be designed and constructed so as to withstand the consequences of any short circuit of any of Puget's electric facilities now or-hereafter installed on the Right of Way. All work to be performed by Grantee on Puget's Right of Way shall also be in accordance with the plans and specifications submitted to and approved by Puget and shall be completed in a careful and workmanlike manner to Puget's satisfaction, free of claims or liens; however, nothing herein shall be deemed to impose a duty or obligation on Puget with respect to the suffi- ciency therof. Without limitation to the foregoing, Grantee 2 !hall exercise the utmost caution when conducting its activities he vi cinity of any of Puget's energized power 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 com- mencement of such work, and shall replace any property corner monuments which were disturbed or destroyed during construction. Grantee shall also pay to Puget all of Puget's costs necessary to re-establish.destroyed survey references and hubs established by Puget in conjunction with any survey for new facilities on Puget' s Right of Way. t~7 9. Changes and Repairs to Puget-Is Facilities. Grantee -0 shall promptly pay to Puget the cost of any relocation, altera- tion, restoration and other changes or repairs to Puget's CD facilities which Puget shall reasonably deem necessary by reason CV of the construction, use and maintenance of the Sewer Line or CD other activities of Grantee on Puget's property. Without co limitation to the foregoing, Grantee shall promptly pay to Puget 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 Puget so requests, Grantee shall provide assurance of payment satisfactory to Puget prior to Puget's commencement of such work. Puget 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 Sewer Line in such fashion as to permit reasonable and continuous access along Puget's Right of Way in all direc- tions, and in such fashion as to accommodate and support vehic- ular travel over and across the Sewer Line, including travel by cranes and trucks with heavy loads. Grantee shall at all times keep Puget's Right of Way free and clear of all obstructions and equipment. If requested by Puget, the Grantee shall make provisions for continued access by Puget along Puget's Right of Way during construction of the Sewer Line. 11. Inspectors. Puget shall appoint one or several Puget representatives who shall serve as inspectors to oversee all work to be performed by Grantee on Puget's Right of Way. Grantee shall not carry on any work unless it has given such notice to Puget 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 Puget's inspectors, including without limitation, cessation of work, and Grantee's construction con- tracts shall so provide. Grantee shall promptly pay Puget's charge for such inspectors. 12. Conflict with Future Installations of Puget. In the event.that it sould become necessary for Puget to install addi- tional electric utility facilities or otherwise use Puget's Right of Way and if, in the sole judgment of Puget, the location, existence and use of the Sewer Line 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 Sewer Line, Grantee shall have the obligation to either, in Grantee's sole discre- tion, (a) protect, modify or relocate the Sewer Line at the cost and expense of Grantee, so as to remove the interference or hazard to Puget's satisfaction, or (b) to reimburse Puget for its added costs of"design, construction and installation to avoid such interference or hazard. In the event Puget intends to undertake any such construction, Puget shall give Grantee reason- able advance written notice of such intention together with - 3 - 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 Puget, Grantee shall give written notice to Puget by which notice Grantee will elect to (a) protect, modify or relocate the Sewer Line, or (b) reimburse. Puget for its said added costs. If the Grantee elects to protect, modify or relocate the Sewer Line it shall commence work promptly and diligently prosecute such work to completion prior to the scheduled date of commencement of _ Puget's construction. If Grantee elects to,pay Puget'h added o^j costs, Grantee shall give Puget satisfactory assurance of payment of such costs at the time such notice of election is given. If D Grantee does not so elect one of the above-described options by .C 011 O giving Puget the required notice, Puget 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 CO as if made by Grantee. If Puget so elects option (a) described herein or if Grantee elects option (a) and fails to commence and prosecute its work as contemplated herein, Puget may, at its option, undertake such work on behalf of Grantee as Puget deems necessary pursuant to option (a) and Grantee shall promptly pay Puget for all costs incurred by Puget in performing such work. Puget'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 Puget's giving Grantee written notice thereof, or within such other period of time as may be reasonable in the circumstances, Puget may terminate Grantee's rights under this Agreement in addition to and not in limitation of any other remedy of Puget at law or in equity, and the failure of Puget to exercise such right at any time shall not waive Puget's right to terminate for any future breach or default. 14. Termination for Cessation of Use. In the event Grantee ceases to use the Sewer Line or a period of five (5) successive years, this Agreement and all Grantee's rights hereunder shall terminate and revert to Puget. 15. Release of Sewer Line 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 Sewer Line facilities from Puget's Right of Way and restore the ground. 16. Removal. of Sewer Line on Termination. Upon any termina- tion of thas Agreement, Grantee shall promptly remove from the Easement Area the Sewer Line facilities 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 Sewer Line on Puget's Right of Way. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to Puget. In case of failure of Grantee to so remove the Sewer Line facilities, restore the ground or take such other mutually agreed upon measures, Puget may, after reasonable notice to Grantee, remove the Sewer Line facilities, restore the ground or take such measures at the .expense of Grantee, and Puget shall not be liable therefor. 17. Third Party Rights. Puget reserves all rights with respect to its property including, without limitation, the right to grant easements, licenses and permits to other subject to the rights granted in this Agreement. 4 - 18. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harmless Puget from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Puget 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 Puget in its use of the Right of Way which affect Grantee's employees, agents, contractors, and other parties benefiting from said Sewer Line; provided, however, this paragraph does not purport to indemnify Puget against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Puget or Puget's agents or employees. C0 19. Insurance. Prior to Grantee's construction activities '10 or other su stantzal activities on Puget's Right of Way under the l~T rights provided herein, Grantee shall submit to Puget evidence CD that Grantee or Grantee's contractors has obtained comprehensive O general liability coverage (including broad form contractual liability coverage) satisfactory to Puget with limits no less CO than the following: Bodily Injury Liability, including $1,000,000 automobile bodily injury liability each occurrence Property Damage Liability, including $1,000,000 automobile property damage liability each occurrence Said evidence shall be submitted on Puget's Certificate of Insurance standard form (which form Puget shall provide upon request) or such other form as Puget 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. Grantee shall promptly pay or reimburse Puget for any taxes levied as a result of this Agreement or relating to the Grantee's improvements constructed pursuant to this Agreement. 21. Title. The rights granted herein are subject to permits, leases, licenses and easements, if'any, heretofore granted by Puget affecting the property subject to this Agreement. Puget does not warrant title to its 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: If to Puget: Puget Sound Power & Light Company Real Estate Division Puget Power Building Bellevue, Washington 98009 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 here- under. No assignment'of the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabil- ities of Grantee herein, 'Whether by operation of law or other- wise, shall be valid without the prior written consent of Puget. 5 24. Successors. The rights and obligations of the parties shall insure to the benefit of and be binding- upon their respective successors and assigns. 25. Liability. 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: PUGET SOUND POWER & LIGHT COMPANY' By By Ty of A rn Director Real Estat ..0 Attest- CC CD CV a STATE OF WASHINGTON) co ) SS. COUNTY OF KING ) On this __f/-_day of ,G~ , 1980, before me, the undersigned, personally appeared WM. K. 'ARTHUR, to me known to be the Director-Real Estate of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free 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. WITNESS my hand and official seal hereto affixed the day and year above written. RECORDER'S NOTES; NOTAIIIAL SE-%L NOT A,— / Notary Pu zc in nd for the ;Tate of Washington, residing at STATE-OF WASHINGTON) ) SS. COUNTY OF KING ) On this 19th day of August , 1980, before me, the undersigned, personally appeared STANLEY P. KERSEY and. CORALEE A. MC CONNENEY, , to me known to be the Mayor and City Clerk, respectively, of the CITY OF AUBURN, the-municipal corporation that executed the foregoing instrument, and acknowledged the said instrument 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 he is authorized to execute said instrument. WITNESS my hand and year, firs.t"above written. official seal hereto affixed the day and ti Notary Public in and for the State of Washington, residing at Enumclaw. 6 - EXHIBIT "A" The North 20 feet of the East 100 feet of that portion of the South 1/2 of the South 1/2 of Section 12, Township 21 North, Range 4 East, W.M., lying Westerly of the Westerly margin of the Chicago.Milwaukee St. Paul & Pacific Railroad Right of Way. e0 C? 0r'l- CD CJ D CO