HomeMy WebLinkAbout4737RESOLUTION NO. 4737
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 M ST SE UNDERPASS PROJECT
(C201 A)
WHEREAS, the City Council has previously reviewed and approved
Resolution No. 4603 that authorized the Mayor to negotiate and execute
documents required to acquire property and relocate inhabitants for C201A - M
Street SE Underpass Project; and
WHEREAS, the City has acquired 600 M Street SE and dedicated
portions as right -of -way; and
WHEREAS, Puget Sound Energy requires an easement to construct and
maintain utility -poles and overhead transmission and distribution lines on 600 M
Street SE in an area outside of the City dedicated right -of -way;
WHEREAS, there.is mutual benefit to the City and Puget Sound Energy in
establishing the easement as the distribution lines in the easement will serve
600 M street SE, and
WHEREAS, if the easement area is dedicated as right -of -way in the
future, the easement shall be secondary to the right -of -way dedication and the
area would be subject to the franchise agreement between the City and Puget
Sound Energy.
Resolution No 4737
August 8, 2011
Page 1 of 2
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
and record with the offices of the King County Recorder an easement in
substantial conformity with the easement attached hereto, marked as Exhibit A
and incorporated herein by this reference
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 / 2011.
• - ,
ATTEST.
Danielle E. Daskam, City Clerk
APP
VED AS TO FORM:
CI
PETER B. LEWIS
MAYOR
Daniel B. Heid, City
Resolution No 4737
August 8, 2011
Page 2of2
RETURN4pbRIESS:
Puget Sound Energy, Inc.
Attention: R/W Department
PO Box 97034 / Est 08W
Eellevue, WA 98009-0842
' (Zech Bergman)
29 UPEP3600890.1 25
PAGE 08 OF 0085 69 00
08/26/2011 09 46
KING COUNTY, UA
'EASEMENT
' [ ORIGINAL
REFERENCE /A:
GRANTOR. City of Auburn
GRANTEE: PUGET SOUND ENERGY, INC, •
SHORT LEGAL' Ptns of SE % of $E Y of &c,18', TWn. 21 N., Rng. 5 E., W. M., KC, WA
ASSESSOR'S PROPERTY TAX PARCEL; 182105-9043
For and In consideration of One Dollar ($100jand other valuable consideration irk hand paid,
Itvof Auburn , n municipal corooratiof of the State +bf Washlnaton
('Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation
('Grantee' herein), for the purposes hereinafter set forth, a nonexclustre perpetual easement over, along, ecYOSs
and through the following described real property (Property' herein) in King County ,W)ashirlgton.
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART •
HEREOF.
Except as may he otherwise set forth herein Grantee's rights shall he exercised upon that portion of the Property
('Easement Area' herein) described as follows .
EASEMENT AREA NUMBER 1:
ALL THAT PORTION OF THE ABOVE DESCRIBED REAL PROPERTY LOCATED WEST OF THE
FOLLOWING DESCRIBED UNE.
BEGINNING AT A POINT ON THE SOUTH PROPERTY UNE, SAID POINT BEING LOCATED 19
*FEET EAST FROM THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED REAL PROPERTY;
THENCE NOR7HBASTERLY TO A POINT ON THE NORTHERLY PROPERTY LINE, SAID POINT
BEING LOCATED 17 FEET EASTERLY OF THE MOST NORTHWESTERLY CORNER OF THE
ABOVE DESCRIBED REAL•PRODERTY.
EASEMENT AREA NUMBER 2(
SEE EXHIBIT'S" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF AND AS MORE PARTICULARLY DEPICTED ON THE DRAWING MARKED
EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
1. Purpose. Grantee shall have'the right to use the Easement Area to construct, operate, maintain, repair,
replace. Improve, remove, and enlarge one or more utility systems forpurposos of transmission, distribution and sale
of electricity. Such systems may Include, but are not limited to ,
Overhead facilities. Poles, towers and other support sbuctulres With t:rossarms, braces, guys and
anchors; efectic transmission and distribution Ones, fiber optic fable and other Tines, cables end
facilities for communications; transformers, street fights, meters, fixtures, attachments and.any and all
other facilites or appurtenances necessary or convenient to any or all of the foregoing,
Following the initial construction of all or a portion of its systems, Grantee may, from tine tD time, cdnstruct
such additional facilities as it may require for such systems. Grantee shall have the right of wear; 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 right of access by.Grantee:
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•
EXCISE TAX NOT REOLIIP.ED
10, , Co. Rgco, ti Maim)
BY DoNly
2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose
of any and all brush, bees or other vegetation In the Easement Area. Grantee shall also have the right to control, on
e cantmuing basis and by any prudent and reasonable means, the establishment and growth of brush. trees or other
vegetation In the Easement Area.
3, Trees Outside Easement Area. Grantee shall have the right to cut, trim remove and dispose of any
trees located on the Property outside the Easement Area that could, in Grantee's sole judgment. Interfere with or
create a hazard to Grantee's systems. Grantee shall, prior to the exercise of such right, Identify such trees and
make aleasonable effort to give Grantor prior notice that such trees will be cut, tnmmed, removed or disposed of
' (except that Grantee shall have no obligation to identify such trees or give Grantor such pnor notice when trees are
out, trimmed, removed or otherwise disposed of in response to emergency conditions). Grantor shall be entitled to
no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of merchantable
bmber (If any) cut and removed from Ihe'roperty by Grantee.
d. grantors Use of Easement,.Afea. Grantor reserves the right to use the Easement Area for any
purpose not Inconsistent with t(te rights herein grdnted,,provided, however, Grantor shall not construct or maintain
any buildings, structures or other objects ont,the Easement Area, with the exception of the easement granted to the
Park at Auburn under King Count)! Auditor's file number' 20110727000552, and Grantor shall do no blasting within
300 feet Of Grantee'slsuihbeswithout Grantee's prior :Written copsenL
•
6. Indemnity. Grantee agrees to,Jndemnityr Grantor from and against liability Incurred by Grantor as a
result of Grantee'S+tephgence In the exercise of the rfghXS iereln granted to Grantee. but nothing herein shall require
Grantee to Indemnify- `Grantor for that portion of any Such liability attributable to the negligence of Grantor or the
negligence of others.
6 Abandonment 'The 'rights herein granted shall conbnUe until such dmbtas Grantee ceases to use the
Easement Area for a period of Ste (5) successive years, In which event, this easement shall terminate and all rights
hereunder, and any improvements remaining In tire Easement Area, shall revert to of otherwise become the property
of Grantor, provided, however, that no abandonment shall be,deemed to We occurred by reason of Grantee's
failure to Initially Install Its systems on the Easement Areawithgl anyperiod of time from the date hereof
7. Successors and Assigns. Grantee shall have the right to assign, appor ion or otherwise transfer any
or ell of its nghts, benefits, privileges and Interests prising In and under this easement. Without limiting the
generality of the foregoing, the rights and obligations of the pants$ shall inure to the benefit of and be bihdalg upon
their respective successors and assigns.
8.. Future Public Improvements. For any and all porttgns of the Eesement•Area irat are needed for
current orTuturepublic use, Ordinance 5766, which established a Franchise Agreement betweenlhe City of Auburn
and Pugel Sound Energy dated July 22, 2003. shall apply end shall supersede and replace all conditions and
requirements specified herein
•
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Yi
bATEb this � day or Y011
GRANTOR:
rporation of the State of Washington
;BY
Peter B'Cwis, Mayor
ATTEST:
APPR
BY
bani8tie.E. Gaskafn, City Clerk •
•
el B. Held, City Attorney
STATE OF WASHINGTON
)ss •
CCU OF , )
t •
Ae'� y of �` ' 2014, before me, the vnderstgn d, a Notary Public in
and for UWState Qf Washington, duly I ssloned and sworn, personally appeared Peter B. tewls end Danielle
E. Daskarn, to me known to be the person who signed es Mayor and City Clerk, of Oftyasf Agbum,. b municipal
corporation of the State of Washington, the corporation ,)hat etecufad the wllbM,and foregoing instrument, and
acknowledged said Instrument to be hislher free and voiuntary'at t and deed and the free'8nd volUntary act and deed
of City of Auburn for the uses and purposes therein mentioned, and on oath stated that hefshe Wes authorized to
execute the said instrument on behalf of said City of Auburn.
oiflcI I
M SL Improvements
111015125 & 101058383/ 077822
Pape 3 oft)
Se
l �2
ar flrSt above written.
(I tyro 9f Notary)
1lih, f K C. /rtv
(Print r stamp name of Notary)
NOTARY PUBLIC in and for the State cif Washington, residing
at My Appomh t Expires: 0 3 7A 1.6
GRANTEE.
Puget Sound Energy, INC.
SY: • \ J�/"� -+ �•
en I r Attschuler • Supervisor Real Estate
STATE OF WASHINGTON
CQUNTY OF KING
On this day of % . ` 2011, before me, the undersigned, a Notary Public In
and for th0 State of W$9hingtOn, du comin{sstoned arid swteri, personalty appeared Jennifer Altschuler, to me
known to be the persdh who 'signed as Supervlsor of`Rgal Efate, of PUGET SOUND ENERGY, the corporation
that executed the within end foraying Insttumenl, and abknof+Iedged said Instrument to be her free and voluntary
act and deed and the free and voluntary at and dried of PUGET SOUND ENERGY for the uses and purposes
therein mentloned,'end. on oath stated that she was authorized to execute the said Instrument on behalf of said
PUGET SOUND ENERGY
IN WITNESS WHEREOF I Nye hereunto set my hand and•fficrai seal the day and year first above written
`%%•\\\ \ \1111j1 nature ,4 pAUI 04,140.1. ( nature of N6fa
4, Itit / NOTAR PUBLIC )n and fo the State t
5 Q s : Washington, residing at J {
i My Appointment Expires' 6 zeri
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111015125 81010583831 077822
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EXHIBIT "A"
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 21 NORTH,
RANGE 5 EMT, W. M., W NINO COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEQINNIN¢,AT THE BAST MARLIN OF "M" STREET SOUTHEABT, 121.05 FEET SOUTH OF THE SOUTH UNE OF PRIMARY
HIGHWAY NUMBER 2;
' THENce scum 83'23'00' EAST 85 45 FEET',
THENCE SOUTH 83'00'00" EAST 130 FEET; , '
THENCE SOUTH 183 FEET;
THENCE SOUTH 89 °11'00' WEST TOR PoiNF120 FEEL, MORE OR LESS, EAST OF THE MARGIN OF "M" STREET;
THENCE SOUTNGO FEET; � , }
THENCE WEST 120 FEETTO SAID EAST MARGIN; ' '
THENCEJIORTN TO POINT OF BEGINNING;
•
EXCEPT ANY'PORtION THEREOF LYING WITHIN THE HEREINASTER DESCRIBED PARCEL "A ";
TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY AS AWARDED BY JUDGEMENT ENTERED IN MG COUNTY
SUPERIOR COURT CAUSE NUMBER 85-2 -029783, THAT PORTION OF PARCEL "A" (SAID PARCEL "A" HEREIN BELOW
DESCRIBED) DESCRIBED AS FOLLOWS:
BEGINNNNO AT THE CORNER OP SAID PARCEL "A" BEIEO ADJACENT TO "M�1 °STREET SOUTHEAST
THENCE SOUTH 00 °41'48" EAST, ALONO THE EAST MARGIN OF SAIp''I'M" STREET SOUTHEAST; A DISTANCE OF 33.12
FEET •
THENCE NORTH 87 °49'38" EAST A DISTANCE OF 103.32 FEET:
THENCE NORTH 41•07'52" EAST A DISTANCC OF 107.63 FEET; +` ,
THENCE NORTH 88•27'32 EAST A DISTANCE OF 38.88 FEET;
THENCE NORTH 00 °41'45" WEST A DISTANCE OF 42,84 FEET, TO THE NORTHERLY MOST UNE OF SAID PARCEL "A ";
THENCE SOUTH 88 '27'32" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 93.93 FEET
THENCE SOUTH 00' 41'46" EAST A DISTANCE OF 90.00 FEET;
THENCE SOUTH 89°27'32" WEST A DISTANCE OF 120.00 FEET TO THE TRUE POINT OF BEGINNNG; .,
PARCEL "A"
BEGINNING ON THE SOUTH UNE OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN NINO COUNTY,
WASHINGTON, A DISTANCE OF 1000 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE STEW ALONG SAID SOUTH UNE, 284.84 FEET, MORE OR LESS, TO THE EAST LINE OF "1M" STREET SOUTHEAST;
THENCE NORTH ALONO SAID FAST LINE 450 FEET;
THENCE EAST PARAL EL WITH THE SOUTH UNE 120 FEET,
THENCE NORTH PARALLEL WITH "M" STREET SOUTHEAST, 90 FEET,
THENCE EAST PARALLEL WITH 1118 SOUTH UNE TO INTERSECT A UNE DRAWN FROM THE POINT OF BEGRININO TO A POINT
ON'YHE SOUTH UNE OF NORTHERN PACIFIC RAILWAY (PALMER CUT -OFF) DISTANCE 920 FEET EAYT,FROM THE DIMINO
UNE BEONEEN THE SOUTHEAST QUARTEROF THE SOUTHEAST QUARTER AND GOVERNMENT LOT 14;
THENCE SOUTHWESTERLYAIONG SAID INTERSECTED UNE TO POINT OF BEGINNING;
EXCEPT THAT MATE GRANTED FOR PUOUC ROAD RIQHT OF WAY UNDER CRY OF AUBURN RESOLUTION NUMBER 4714
MID RECORDED UNDER KINGCOUNTY RE1A.RbING NUMBER 20110809000040.
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EXHIBIT B
EASEMENT DESCRIPTION
'CEng County Parcel Number 182105 -9043 ,
An easement safely Contained witiun the fair:King descrij ed'Parcel of Land.
That portion of the Southeas)`'Quatter of the Southeast Quarter Of Section 18, Township 21 North, Range 5 East,
WM., in King County, Waslungton, deecnbety as follgwsy
Beginning at the East margin of"M" Street Southeast, 12105 feet South of the South lute of Pnmary Highway
Number 2; Thence South 83° 23'001 East 85.45 ae'f, (hence South 83° 00'00" East 130 feet Thence South 163
feet, Thence South 89° 11'00" West to a point 120 feet, more or, less, East of the ma[gm of "M" Street; Thence
South 90 feet; Thence West 120 feet to said East maim Thence North-to Point of Beginning;
Except any portion thereof lying within the hereinafter described Parcel "A"; •
Together with the following described property as awarded by Jpdgtmententeted fA Ring County Superior Court
cause number 85-2 -02976 -3, that portion of parcel "A" (said parcel "A" herein below described) described as
follows
Beginning at die Northwest corner of said parcel "A" being adjacent to "M" Street Sbutheast;Thence South 00°
41'46" East.'along the East margin of said "M" Street Southeast, a distance of 33 I21ixt'Thence North87° 09'36"
East a distance of 103 32 feet; Thence North 41° 07'52" Fagg distance of 107.63 feet; Thence North 88° 27'32"
East a distance 01'38 85 feet; Thence North 00° 41'45" West a distance of 42 84 feet, to the Northerly most hire of
said parcel "A" iThence South 88° 27'32" West along said Northerly Itne,a distance of 93.93 feet; Thence South
00° 41'46" East a disttanct of 90.00 feet; Thence South 88° 27'32" West a distanccof 1 20 00 fret to the Tnie Point
of Beginnutg.
Parccf "A ":
Beginning on the South fine of Section 18, Township 21 North, Range 5 East, WM., ut'KIng Countyi Washington, a
distance of 1000 feet from the Sotheast Comer thereof, Thence West along said South Irtie, 284 84 feet, more or
leas, to the East line of "M" Street Southeast, Thence North along said East line 450 feet, Thence East parallel with
thts$outh line 120 feet, Thence North parallel with "M" Street Southeast, 90 feet, Thence East parallel with the
South line to intersect :a lmo'drawn horn the point of beginning to a point on the South line of Northern pacific
railway(Palmer tut -Cff) distance 920 feet East from the dividing line between the Southeast Quarter of the
Southeast Quarter and go /eminent lot 14, Thence Southwesterly along said intersected line to point of begnuung
•
(Continue on next page)
ZASEMENT DESCRIPTION
(Continued from previous page)
Said easement is more particularly described as follows
t ortmencmg at the Southwest Comer of said Parcel bang located along the East Margin of said "M" Street
Southeatit; Thence North 00 °5T02" East along said East Margin for 138 05 feet to the TRUE POINT OF
, • BEGINNING for the easement described herein, Thence North 00 °52'02" East along said East Margin for 16.22
Peer Thence South 79 °35'52" East along a, trne,appmximately 8 feet distant and parallel to the centerline created by
two power poles for 1760 feet to a powt on the Proposed East Right -of -Way of said "M" Street; Thence continuing
along said ImeSouth 79°3532° Eastfor 136.17d'eet to an angle point, Thence South 82°21'19" East for 62 71 fat
to the East prpperty line of the herein descrtjl ed pare}, Thence South 00°52'02" West along said East property 1we
for 16.11 feet, Thence North 82°21'19" Wkt for65.00 fat to an angle point; Thence North 79 °35'52" West for
134.45 feet along a lice 9proxtmattely 8 feed distant and parallel to the centerline created by the said two power
poles to a point bn the Proposed East Right+of- -Way of stud "'M" Street, Thence conunumg North 79 °3512" West for
17 01 fat to the East Margin of said "M" Street Southeast abul9he TRUE POINT OF BEGINNING for the easement
described herein.
Said Easement contains 3,463 square fat, more,or less
Surveyed and Prepared by:
Tyler I Sweet, PIS
Date' August 12, 2011
r•'
APS Survey & Mapping
13221 S.E. 26th Street, Suite A
Bellevue, Washington 98005
Tel.: (425) 746 -3200, Fax.: (425) 746.3342
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