HomeMy WebLinkAbout201009020617 EASEMENT 090210 PACiF1C NOR
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20100920617 7 PGS
0910212010 03:57:48 Pfd $68.00
When recorded, return to: PIERCE COUNTY, WASHINGTON
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
EASEMENT
REFERENCE#: N/A
GRANTOR: Puget Sound Energy, Inc.
GRANTEE: City of Auburn
LEGAL DESCRIPTION/STR: c j Section 06,Township 20, Range 5 /0(1
ASSESSOR'S PROPERTY TAX PARCEL: 052006-3-003
THIS AGREEMENT made this 2�' day of > 'Ja l' V' ,2009, between PUGET
SOUND ENERGY, INC., a Washington corporation("PSE"herein),and City of Auburn,a municipal corporation of
King County,Washington("Grantee"herein);
WHEREAS, PSE is the owner of a parcel of land described as Pierce County Tax Parcel number 052006-3-003,that
portion of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 6,Township 20 North,
Range 5 East of the Willamette Meridian, Pierce County,Washington; more particularly described as follows:
SEE EXHIBITS`A'AND `B',ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
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");and
WHEREAS, Grantee desires an easement for a permanent non-exclusive easement over, in, along and
upon the PSE Property as legally described in the attached Exhibit"A"and as graphically depicted on the attached
Exhibit"B".
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 nonex^lusive 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
utilizing the easement area for the purpose of constructing and maintaining a Gateway Sign and associated
landscape improvements, including the nonexclusive right of ingress to and egress from said portion of PSE's
Property for the foregoing purposes.
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"&"B".
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 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 benafiting from said imkroveme,:ts,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
six(6)months 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.
EXCISE TAX EXEMPT DATE 9-?-/
Pierce County
By • Auth. Sig
�L/
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.
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 Corporate Facilities
office(presently headquartered at Bellevue,Washington),or such other division 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 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, materiai,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.
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 s ia:i^c,ations for such work, identifying the potential t
nlerrerelC@ 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 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 PSE 10S
P.O. Box 97034
Bellevue,WA 98009-9734
If to Grantee:
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. 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
PUGET SOUND ENERGY, INC.
--1141, ___..../
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Its: 0'4 /n a-rtrEl 2 ilecliz_ E�a-79r6
AGREEMENT AND EASEMENT FOR GATEWAY SIGN&LANDSCAPING
PUGET SOUND ENERGY, INC.TO CITY OF AUBURN
STATE OF WASHINGTON
)SS.
COUNTY OF KING
On this day of So )1 '}422009, before me, the undersigned, personally appeared Brett Bolton,
to me known to be the Manager, Real Estate 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.
.EAI,
i+�tt Print Name airEl n{!��M.
`-YNN
Notary Public in and for 0: tate •'
g i06p, y �/ Washington, residing at 11D110A bK,YI
i o4 01 AR* My commission expires Dr-if —1U I tt
J;0
4 s --
'0v3 c _
5-11
OFWP`'
STATE OF WASHINGTON
)SS.
COUNTY OF KING
POn t}gis 15 day of C.� v 2009, before me, the undersigned, personally appeared
i--Pc b- ', s to me known to be HCAyy G'■ 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.
At
Print Name Q tirc/(e C 41) 5 «
Notary Public in and for the St t p e of /
Washington, residing at l``a^/C
My commission expires /6"2$<-) 7
AGREEMENT AND EASEMENT FOR GATEWAY SIGN&LANDSCAPING
PUGET SOUND ENERGY, INC.TO CITY OF AUBURN
EXHIBIT A - LEGAL DESCRIPTION
That portion of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter
of Section 6,Township 20 North, Range 5 East of the Willamette Meridian, Pierce
County, Washington, said portion more particularly described as follows,
Commencing at a point opposite Engineer's Station (hereinafter referred to as ES)(LTPE
Line, Lake Tapps Parkway East/Sumner-Tapps Right-of-Way Plans CRP5434 Pierce
County, Washington) 83+51.49 on the centerline of Lake Tapps Parkway-East and
160.83 feet Southwesterly therefrom as recorded in the Statutory Warranty Deed,Tract
"X", Parcel"C", recorded under recording number 200006120512, records of Pierce
County, Washington;
Thence South 14°37'57" West 21.71 feet to a point opposite ES 83+57.68 and 181.80
feet Southwesterly therefrom;
Thence Southwesterly along the arc of a curve to the left, a radius of 1116.28 feet,to a
point opposite ES83+94.77 and 273.06 feet Southwesterly therefrom;
Thence South 88°34'56" East to a point opposite ES 84+15.47 and 264.39 feet
Southwesterly therefrom, on the east margin of East Valley Highway according to said
Right-of-Way Plans;
Thence N 03°25'56" E a distance of 11.01 feet along said East margin of East valley
Highway to a point opposite ES 84+08.48 and 254.69 feet southwesterly therefrom, and
the True Point of Beginning,
Thence NO3°34'58"E a distance of 50.04 feet along said East margin of East valley
Highway;
Thence S88°34'56"E, a distance of 24.50 feet;
Thence S00°08'47"W a distance of 50.01 feet;
Thence N88°34'56"W a distance of 27.50 feet to the true point of beginning.
The Easement area contains 1300 square feet, more or less
The Basis of Bearing for this description is the line between the West Quarter corner and
the Center of Section of Section 06,Township 20 North, Range 05 East of the Willamette
Meridian, said line being South 88°34'56" East, as shown on Lake Tapps Parkway
East/Sumner-Tapps Right-of-Way Plans, Project number CRP5434, Page RW-3, per
plans supplied by Pierce County Public Works, State of Washington.
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AGREEMENT AND EASEMENT FOR GATEWAY SIGN&LANDSCAPING
PUGET SOUND ENERGY, INC.TO CITY OF AUBURN
EXHIBIT B — SURVEY . (7, b
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