HomeMy WebLinkAbout20000203001421 WATER EASEMENT 020300A-~; ~3-~--
When Recorded Return To:
City of Auburn
Engineering Division
25 West Main
Auburn, WA 98001-4998 20000203001421
Attn:. d rI y eJe,,K PAGE3eej OF1007
PACIFIC NU TIT-AG KING COUNTY, UA
- - i4.ee
EXCISE TAX NOT REQUIRED
PUGET Co. Records CIM" n
SOUND ~
ENERGY
AGREEMENT AND EASEMENT FOR WATER PIPELINE
FLED BY PNWT
REFERENCE #:a~5~-IZ
GRANTOR: Puget Sound Energy, Inc.,,
GRANTEE: City of Auburn
C14 LEGAL DESCRIPTION: NW 13-21-4
-r ASSESSOR'S PROPERTY TAX PARCEL: 132104-9024-09
0
C" THIS AGREEMENT made this 29a4 - day of , eFrd m&StR, 1991 between PUGET
o SOUND ENERGY, INC., a Washington corporation ("PSE" herein), and CITY OF AUBURN, a
C"i
cr municipal corporation of the State of Washington ("Grantee" herein);
o WHEREAS, PSE is the owner of a strip of land one hundred feet (100) feet in width running
N through the Northwest Quarter of Section 13, Township 21 North, Range 4 East, W.M., King
County, Washington; and
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's Property"); and
WHEREAS, Grantee desires a permanent easement and a temporary construction
easement for a water pipeline across PSE's 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:
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 installing, constructing, operating, maintaining, removing, repairing,
replacing and using a eight (8) inch diameter ductile iron water pipeline and appurtenances
thereto (herein the "Improvements"), together with the nonexclusive right of ingress to and
egress from said portion of PSE's Property for the foregoing purposes.
B. A temporary construction easement upon, over and under that portion of PSE's Property as
described in Exhibit "A" for purposes associated with the construction of the Improvements.
The temporary construction easement shall terminate midnight December 31, 1999.
The terms "Easement" and "Easement Area" in this instrument refer to the permanent
easement and temporary construction easement herein granter fW, of PLEE's
Property as described on the attached Exhibit "A". record by Pacific Northwest Tide as
9CCommodation only. it has not beers
examined as to proper execution, or
as to its effW upon title.
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 PS E. 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 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's 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
cl~j 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
m unreasonably withheld. Notwithstanding the foregoing, in the event of any emergency requiring
C=> immediate action by Grantee for protection of the Improvements, persons or property, Grantee
C"i may take such action upon such notice to PSE as is reasonable under the circumstances.
CD
° Nothing herein shall be deemed to impose any duty or obligation on PSE to determine
N 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.
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 PSE's
Property to PSE's Manager District Operations at the South King Complex, 22828 68" Ave.
South, Kent, Washington. 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 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 Improvements or other persons
or property, Grantee may take such action upon such notice to PSE as is 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 any 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
Ir- cv Property in all directions, and in such fashion as to accommodate and support vehicular travel
T, 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.
Cn If requested by PSE, the Grantee shall make provisions fog continued access by PSE along
C, PSE's Property during construction of the Improvements.
C.,
Ca 11. Inspectors. PSE shall appoint one or several PSE representatives who shall
o serve as inspectors to oversee all work to be performed by Grantee on PSE's Property.
CM 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 th0presence 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
Cn agreeable measures to minimize the impact of the Improvements on PSE's Property. Such
o 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. Such insurance may be
substituted with self-insurance acceptable to PSE.
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
Evidence of insurance or self-insurance shall be submitted on a Certificate of Insurance or such
other form as PSE may 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 constructed pursuant to this Agreement.
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:
If to Puget: Puget Sound Energy, Inc.
Corporate Facilities OBC-11 N
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
c-•
° Notices shall be deemed effective, if mailed, upon the second day following. deposit
C" thereof in the United States Mail, postage prepaid, certified or registered mail, return receipt
a requested, or upon delivery thereof if otherwise given. Either party may change the address to
C-J which notices may be given by giving notice as above provided.
a
0 23. Assignment. Grantee shall not assign its rights hereunder. No assignment of
C= 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. 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:
GRANTEE
CITY OF AUBURN
a, ca,a.lm a 13c~+P
Its: Ir-
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PUGET SOOD ENERGY, INC.
By:
Corporate Faci
Appr Jd as to form
By:
AGREEMENT AND EASEMENT FOR WATER PIPELINE
PUGET SOUND ENERGY, INC. TO CITY OF AUBURN
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
On this ?q day of $ -?rj; M$a'R, 19_" before me, the undersigned, personally
appeared R. S. MCNULTY, to me known to be the Director Corporate Facilities of PUGET
SOUND ENERGY, INC., 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.
BRES
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`SJoa°TARr*00 Print N me W14-ioLE M2 sSt.~'V-
_ mo" APO." N' Notary Public in and for the State of
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tp~4 PUB00 Washington, residing at Sw►ol'~w1 !f l~
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AGREEMENT AND EASEMENT FOR WATER PIPELINE
PUGET SOUND ENERGY,INC. TO CITY OF AUBURN
EXHIBIT "A"
15 foot Permanent Easement
That portion of a 100.00 foot wide strip of land as described in a deed Recorded in Volume 275
of Deeds, Page 611, Records of King County, Washington and situate in the Northwest Quarter
of Section 13, Township 21 North, Range 4 East, W.M., described as follows:
Beginning at the Northeast corner of said Northwest Quarter of Section 13; thence South 01°
10' 21" West along the easterly boundary of said Northwest Quarter of Section 13, which is the
East margin of said 100 foot wide strip of land, a distance of 117.38 feet to the True Point of
Beginning; thence North 86° 12'09" West 91.70 feet; thence South 48° 48'41" West 11.36
feet to the westerly margin of said 100.00 wide strip of land; thence South 01° 10'21" West
along said westerly margin of said 100.00 foot strip 20.30 feet; thence North 48° 48'41" East,
18.82 feet; thence South 86° 12' 09" East 86.18 feet to said easterly boundary of the
Northwest Quarter of said Section 13; thence North 01° 10' 21" East 15.02 feet to the True
Point of Beginning.
'r Containing 1,560.49 square feet more of less.
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25 foot Temporary Construction Easement
That portion of a 100.00 foot wide strip of land as described in a deed Recorded in Volume 275
of Deeds, Page 611, Records of King County, Washington and situate in the Northwest Quarter
of Section 13, Township 21 North, Range 4 East, W.M., described as follows:
Beginning at the Northeast corner of said Northwest Quarter of Section 13; thence South 01 °
10'21" West along the easterly boundary of said Northwest Quarter of Section 13, which is the
East margin of said 100 foot wide strip of land, a distance of 112.37 feet to the True Point of
Beginning; thence North 860 12'09" West 93.55 feet; thence South 48° 48'41" West 8.87 feet
to the westerly margin of said 100.00 wide strip of land; thence South 01° 10'21" West along
said westerly margin of said 100.00 foot strip 33.83 feet; thence North 48° 48' 41" East, 21.31
feet; thence South 86° 12'09" East 84.34 feet to said easterly boundary of the Northwest
Quarter of said Section 13; thence North 01° 10' 21" East 25.03 feet to the True Point of
Beginning.
This temporary construction easement shall terminate at midnight December 31, 1999.