HomeMy WebLinkAbout4744RESOLUTION NO. 4744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO GRANT AN EASEMENT TO PUGET SOUND
ENERGY FOR THE PURPOSE OF RELOCATING
UTILITIES FOR THE SOUTH DIVISION STREET
PROMENADE PROJECT (CP1005)
WHEREAS, the City is committed to constructing project CP1005 — South
Division Street Promenade Project; hereinafter referred to as the "Project "; and
WHEREAS, Puget Sound Energy, Inc. has existing gas facilities located
in an alley in the vicinity of the Project which will have to be deactivated and
relocated to accommodate the Project; and
WHEREAS, Puget Sound Energy, Inc. requires an easement to construct
and maintain gas lines to serve existing customers through City owned
property; and
WHEREAS, there is mutual benefit to the City and Puget Sound Energy,
Inc, in establishing the easement as existing gas lines can be deactivated to
accommodate construction of the Project and allows existing customers to
continue to be served.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows.
Section 1. The Mayor is authorized to grant to Puget Sound Energy,
Inc and record with the offices of the King County Recorder the easement in
Resolution No 4744
August 9, 2011
Page 1 of 2
t}
substantially the same form as described in Attachment A, attached hereto and
incorporated'' herein.
Section 2. The Mayor is hereby authorized to implement such other
administrative ---procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this /6"-i day of
ATTEST.
t4:1,1„__J
Danielle E. Daskam, City Clerk
APP VED A ! FOR
Daniel B. Heid, City Attorney
Resolution No 4744
August 9, 2011
Page 2 of 2
CI
, 2011
OF AUB
PETER B. LEWIS
MAYOR
•
ft URNADpRESS•
Puget Sound Energy, Inc.
Attn: RIW Department (C. Biggs)
P,O. Box 97034 / EST -06W
¢ellevue,WA 98009
11111 111 11111111
r -
20110901000440
PUGET SOUND EN EAS 84,00
PAGE 00 OF 003
09/01/2011 10 29
KING COUNTY, WA
EASEMENT
REFERENCE# +
GRANTOR CITY OF AUOU•RN
GRANTEE P,UGET SOUND ENERGY,.INQ '
SHORT LEGAL ., 'Portion of Tracts $ through 10, River View Addition to Auburn
ASSESSOR'S PROPERTY TAX PARCEL: 733140 0135
For and In consideration of One Dollar ($1 00) and other Valuable consideration ire hand paid, CITY OF AUBURN
(*Grantor herein), hereby conveys and warrants to PUGgT SOUND ENERGY, INC., a Washington Corporation
("Grantee" herein), for the purposes hereinafter set forth, a n$nexclusive perpetual easement over, under, along,
across, and through the following descnbed real property ( "Property' herein),in KING County, Washington
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADF, A PART HEREOF.
Except as may be otherwise set forth herein Grantee's rights shall be exercised upo/i that pdrtion oi' the Property
("Easement Area" herein) descnbed as follows ; . . ..
An Easement Area 10 feet in width having 5 feet of such width do each side of a centerlihb described as follows
THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED, TO BE CONS1"RUCTED4
EXTENDED OR RELOCATED WITHIN THE WESTERLY 116 FEET • CF THE ABOVE
DESCRIBED REAL PROPERTY; EXCEPT THE SOUTH 47 FEET THEREOF.
' 1. Purpose. Grantee-0)811 have the right to use the easement area to construct, operate, maintain. repair,
replace, improve, remove, enlarge one or more utility systems for purposes of transmIsSron, disthbution and sale of
gas. Such System may Include, but are not limited to
U fdergrourid facilities. Pipes, pipelines, mains, laterals, conduits, regulators and
feeders for gas. fiber optic cable and other lines, cables and facilities for communications, semi -
buned•or graund - mounted facilities and {lads, manholes, meters, fixtures, attachments and any
and all other facihf{es or applulenances necessary or convenient to any or all of the foregoing
Following the initial construction of,efl or a portion of its systems, Grantee may, from time to time, construct
such additional facddies as it may f'egUire for such systerfis Grantee shall have the nght of access to the Easement
Area over and across the Property to enable Grantee to exercise its rights hereunder Grantee shall compensate
Grantor for any damage to the Property caused by the exercise of such nght of access by Grantee
2. Easement Area Clearing and" Maintenance. Grantee shall. have the nght to cut, remove and dispose
of any and all brush, trees or other vegetation inthe Easement Area Grantee shall also have the nght to control, on
a continuing basis and by any prudent and reasonable means. the establishment and growth of brush, trees or other
vegetation In the Easement Area
3. Grantor's Use of Easement Area. Grantoi reserves the right to (e the Easement Area for any
purpose not inconsistent with the nghts herein granted, provided, however, Grantor shalt not construct or maintain
any buildings, structures or other objects on the Easpnfent Area and Grantor shall do no blasting within 300 feet of
Grantee's facilities without Grantee's pnor wntten consent
4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a
result of Grantee's negligence In the exercise of the nghts herein granted to Grantee, but nothing hereinshall require
Grantee to indemnify Grantor for that portion of any such liability attnbutable to the negligence of Grantor or the
negligence of others
5. Abandonment. The rights herein granted shall continue until such lime as Grantee ceases to use tfie
Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and alt rights
hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise, become the pj perty
of Grantor, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's
failure to initially install its systems on the Easement Area within any penod of time from the date hereof
6. Successors and Assigns. Grantee shall have the nght to assign, apportion or dfherwise transfer any
or all of its nghts, benefits, pnvileges and interests ansing in and under this easement Without limiting the
Gas Easement 1111999
1070430741RW- 079392
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EXCISE TAX NOT REQUIRED
Co. Records Drnsfen
a" Dourly
generality of the foregoing, the nghts and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors and assigns
DATED this z2 3 day of
Attest:
BY
ITS
GRANTOR
CITY OF
BY
STATE OF WASHINGTON)
)ss
COUNTY OF , )
Or this r'dday of L7/ 2011, before me, the undersigned, a Notary Public in
and for the State f Bashi on duly commissioned and sworn, personally appeared
/0 CX to me known tr• bQ the'person(s) who signed
as ■ �c2—r of CITY OF AUBURN, the myyn�icrpal
corporation that execut the in and foregoing instrument, and acknowledged said Instiument to be n-'-a/
free and Voluntary act and deed and the free and voluntary act and deed of CITY OF AUBURN for the uses and
purposes therein mentioned, and on Oath stated that E was authorized to execute the said Instrument on
behalf of said CITY OF AUBURN,
IN WITNESS WHEREOF) have hefeuntbset m atieg. offivajl peat ar first above written
•
2011
niclpgl Corporation
Mayor
(Srg�atu = of Notary)
ai+. K -C . Fs1./I�
?QT�s, (Prin or stamp name of Notary)
ri— — �i $
NOTARY PUBLIC in and for the State of
yp, �q`aL�� 2 Washington, residing at Ki .Co
N7g.1 o� r
Its 1 WAIST-
,
My APppiniment Expires 03' 7� • L�
Gas Easement 1111998
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8
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1.
EXHIBIT "A"
THAT PORTION OF TRACTS 2 THROUGH 8, RIVER VIEW ADDITION TO AUBURN, ACCORDING TO THE PLAT
' THEREQF; RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 90, RECORDS OF KING COUNTY, WASHINGTON,
LYING SOUTH OF THE NORTH 116 FEET THEREOF; LESS THAT PORTION FOR ALLEYS AND STREET;
r TOGETHER WITH TRACT 9 OF SAID PLAT, LESS PORTIONS FOR ALLEY AND STREET; AND TOGETHER WITH
TRACT 10 OF SAID PLAT, LESS ALLEYS AND STREET; ALSO EXCEPT THAT PORTION OF SAID TRACTS 8
ANQ 10 LYING EAST OF THE WEST 543.06 FEET OF TRACT 10 AND TRACT 10 EXTENDED NORTHERLY.
SITUATE INTHE COUNT'S OF KING,'STAW pF WASHINGTON.
•r
Cary of Auburn
107043074/RW -079392
Pogc 3 of 3
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EXHIBIT "A"
THAT PORTION OF TRACTS 2 THROUGH 8, RIVER VIEW ADDITION To AUBURN, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 90, RECORDS OF KING COUNTY, WASHINGTON,
LYING SOUTH OF THE NORTH 116 FEET THEREOF; LESS THAT PORTION FOR ALLEYS AND STREET;
TOGETHER WITH TRACT 9 OF SAID PLAT, LESS PORTIONS FOR ALLEY AND STREET; AND TOGETHER WITH
TRACT 10 OF SAID PLAT, LESS ALLEYS AND STREET, ALSO EXCEPT THAT PORTION OF SAID TRACTS 8
AND 10 LYING EAST OF THE WEST 543 06 FEET OF TRACT 10 AND TRACT 10 EXTENDED NORTHERLY
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
Resolution No 4744
Attachment A
August 9,2011
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