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HomeMy WebLinkAbout20100727000941 SANITARY SEWER EASEMENT 07122010 / M r Oe.,~ 3 When Recorded Return To: Puget Sound Energy, Inc. • Corporate Facilities Dept. P.O. Boz 97034 ' Bellevue, WA 98009-9734 Attn: Wbressler, PUGET Z~ 00727000941 PAGE-001NOFT030EAS 73.00 07/27/2e i 0 12.: ze *EN§& ERGYSKING CouNTY, uA AGREEMENT AND EASEMENT FOR SANITARY SEWER PUMP STATION PAGIFIC NORTHINEST Ti t CE REFERENCE 1.~ GRANTOR: Puget Sound Energy, Inc. ~ ~3 ~ GRANTEE: City ofAuburn LEGAL DESCRIPTION: Ptn. Tract 1, The Parker Homestead, Vol. 8, pg. 51 ASSESSOR'S PROPERTY TAX PARCEL: 6655000004 THIS AGREEMENT made this ~a2! day of ,NL?e , 2010, between - PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), and CITY OFAUBURN, a Washington municipal corporation ("Grantee" herein); 1NyEFtEAS, PSE is the owner of a parcel ofi land known as Eliingson Substation described as follows: , Lof 1, The Parker Homestead, according to the plat thereof recorded in Volume 8 of Plats, page 51, being in the northwest quarter of Section 31; Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion thereof condemned for road purposes in'King Gounty . Superior Court Cause Number 169486; AND EXCEPT that portion conveyed to King County for road purposes by deed recorded under Recording Number 5411243; AND .EXCEPT that portion lying east and south of the following described line: Beginning at the northwest comer of said subdivision; , - thence south 00°45'10" west along the west line thereof 30.00 feet; thence south 89°54'03" east, parallel to the north line of said section, 240.15 feet to the TRUE POINT OF BEGINNING of linedescription; thence south 00°28'27" west, parallel to the east margin of the Primary State Highway No. 5, a distance of 200.00 feet; thence north 89°54'03n west to the east line of said highway and the terminus of line description. WHEREAS, such parcel of land is presently owned and occupied by PSE in connection with PSE's utility operations, (said parcel being hereafter referred to as "PSE's Property"); WHEREAS, Grantee desires an easement for a sanitary sewer lift station 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 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 installing, constructing, operating, maintaining, removing, repairing, replacing and using a sanitary sewer lift station and appurtenances thereto (herein the "Improvements"). The terms "Easement" and "Easement Area" in this instrument refer to the easement herein granfed 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. Comaliance-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. Re4uired Prior Notice and Approval of Plans and Saecifications. 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 six (6) months prior to the scheduled commencement of such activity. PSE shall have the right to require that such plans and specifcations 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 suffieiency 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. 4. As-Built Survev. 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. 5. 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 insfall 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. 6. 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 Properfy to PSE's Eastside Operating Center (presently headquartered at 13635 NE 80t' St., Redmond, Washington), 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 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 reasohable under the circumstances. 7. 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 bn 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. 8. Chanaes and Repairs to PSE's Facilities. Grantee shall promptly pay fo 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 inen, material, and equipment, storage expense of materiaL and rental of equipment. 9. 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 Properly 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. 10. Insaectors. 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. 11. 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. 12. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements for a period of five (5) successive years; thisAgreement and all Grantee's rights hereunder shall automatically terminate and revert to PSE. 13. Release of Improvements on Termination. No termination of this Agreement shall release Grantee from any liability or obligation with respecf to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation and liability to remove the lmprovements from PSE's Property and restore the ground. 14. 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. 15. Third Partv Riqhts. PSE reserves all rights with respect to its property including, without limifation, the right.to grant easements, licenses and permits to others subject to the rights granted in this Agreement. - 16. Release and Indemnify. 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, inclutling 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. Furthermore Grantee hereby waives any immunity, defense or other protection that may be afforded by any workers' compensation, industrial insurance or similar laws (including, but not limited to the Washington Industrial Insurance Act, Title 51). This waiver will not be interpreted or construed as a waiver of Grantee's right to assert any such immunity, defense or protection directly against the Grantee's own employee or such employee's estate or other representative. This paragraph has been mutually negotiated by PSE and Grantee. Initials of Grante 17. 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 obfained 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 lnjury Liability, including $2,000,000 automobile bodily injury each occurrence Properiy 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. , 18. 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. 19. Title. The rights granted herein are subject to permits, leases, iicenses 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. 20. J 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 Dept., PSE10S P.O. Box 97034 Bellevue, WA 98009-9734 If to Grantee: City of Auburn Public Works Dicector 25 West Main Sfreet Auburn, WA 98001-4998 Notices shall be deemed effective, if mailed, upon the second day following deposit #hereof in the United States Mail, postage prepaid, certified or registered mail, return receipt requested; or upon.delivery thereof ifi otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 21. Assiqnment Grantee shall, not assign its rights hereunder. No ; assignmenf: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. 22. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 23. Liabili . 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#he date hereinabove set forth. ACGEPTED: GRANTEE GRANTOR . CITY BURN PUGET SOUND ENERGY, INC. By: . By; irector Corporate Faci ies Its: Ac'f OR AGREEMENT AND EASEMENT FOR SANITARY SEWER PUMP STATION PUGET SOUND ENERGY, INC. TO CITY OF AUBURN ' STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day of Jul. , 201Q, before me, the undersigned, personally appeared R. S. MQNUL , to me known to be the Director Corporate Facilities of PUGET SOUND ENERGY, INC., the. corporation that executed the foregoing instrument, and acknowledged said irstrument to be the ftee 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 insttument. WITNESS my hand and official seal hereto affixed the day and year above written. 0A0~~ ? ~G i~ ZsoPrint N me kG4Y,~[~ Goeao~! a2c.LEe u a►' Notary Public in and for the State of S Washington, residing at %6LLE11u-- s d; • ~y_ o: MY commission expires 8 /Isp AGREEMENT AND EASEMENT FOR SANITARY SEWER PUMP STATION PUGET SOUND ENERGY, INC. TO CITY OF AUBURN EXHIBIT "A" LEGAL DESCRiPTION FOR A SANITARY SEWER EASEMENT That portion of Lot 1 of the Parker Homestead according to the plat thereof recorded in Volume 8 of:Plats, Page 51 situate in the Northwest Quarter of Section 31, Township 21 North, Range OS East of the Wi1lamEtte Meridian, King County, Washington, said portion being more fully described as follows: Commencing at the Northwest corner of Section 31, Township 21 North, Range OS East _ of the Willamette Meridian; thence Soutti 00°45' 10" West along the west line of said . subdivision a distance of 30.00 feet; Thence South 89°54'03"East, paTallel with the north line of said section 31 a. distance af 240.15 feet to the Northeast corner of the lands described in survey recorded under , recording number 7903169011, records of King County, Washington and the True Point of Beginning; Thence South 00128'27"West along the East line of said lands a distance of 75.00 feet; Thence North 89°54'03"West a distance of 45.00 feet; Thence North 00°28'27" East a distance of 75.00 feet to said parallel line 30.00 feet south of the north section line of said section 31; Thence South 89°54'03"East along said parallel line a distance of 45.00 feet to the True Point of Beginning. Containing 3,375 square feet more or less. fihe basis of bearings for this description is the North line of the Northwest Quarter of Section 31, Township 21 North, Range OS East of the Willamette Meridian as called out in documents recorded under recording number 7903169011 and 6472799 records of King County, Washington said line having a bearing of 5outh 89°54'03"East. ~O~ f y~^syi'Q Ag° ~ F~s'O~aiL° S 0:1SURVF.YIPR0JECT55CP0817 - 3 Pump StaUOn Topos5Q1309 - PSE siu 41 ST SE & A ST SQLegal deu.doc I OIIN2U09 OO~~~SOO-0t+ODm N C C m m ~ ~ x ~SO = p 0. 3 (7.~ Srt~D ~ pC. ~'Cp7 s ~ Gp ~p ~ 7~zC G -.4O " WC Cc) OD o Z Z p ~r ~ a C z `a . .r G p m 0* 0 m~ ~ W ? ~ > l ! o "A" STREET SOUTHEAST O S 00*45, 0- W 0 0 ~ n ~ 0 ~ C "A" ST.SE. EAST ROW ' 0 0° cu C: X N ~ tn 30.00' I (p U) Z m~ ro A o~-~ ~ c p ~ N O. p O C ~ C C5 !n ~ C~ CD i f 7 O7 ~ ri- . M x in A a R1 CO~ ~ .+m o m O ~ ~m ~o ~ W ~ 0 c p ° 3 m ~ aI'~ z N 00°28'27" E C (D p, ~ 75.0 ' ~ ~D A'~ RI ~ cn S 00°28'27' W_ S 00°28' 7" W ~ m . 7511-10- 00. > 0 ~ C n"o ~ rn ~•v° ~ cD r,, 30.00' c ~ 3QW I~ r~+- d Cr ~ ~ N (D ~ 3 0 O ~ 12 ~ `D 81181HX3 N21f18f1V dO.JLLIo Ol 'ONI `AJ?13N3 aNf10S 13Jfld NOLLHIS dWfld 213M3S`J121VlINVS 210=1 1N3W3SH3 aNt/ lId3W33219d : .