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Home My WebLink About5587 RESOLUTION NO. 5587 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 INSTALLING UNDERGROUND POWER FACILITIES FOR THE ACADEMY PUMP STATION 1 REPLACEMENT PROJECT (CP19I6) WHEREAS,the City is committed to constructing project CP1916 Academy Pump Station 1 Replacement Project; and WHEREAS, a key component of CP1916 includes demolishing and replacing Academy Pump Station 1; and WHEREAS, the new pump station will meet projected water demands for current and projected land uses; and WHEREAS, in addition to the new pump station structure, the backup power generator will be replaced with a new power service connection; and WHEREAS, the new power service connection will be provided by Puget Sound Energy (PSE); and WI-IEREAS, an access easement is necessary for Puget Sound Energy, Inc. to construct and maintain underground power facilities needed to serve the Project; and WHEREAS, establishing an easement would mutually benefit the City and Puget Sound Energy, Inc. NOW, THEREFORE, TI-IE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, 1-IEREI3Y RESOLVES as follows: Resolution No 5587 March 15, 2021 Page 1 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 substantially the same form as described in Attachment A, attached hereto and incorporated herein. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution will take effect and be in full force upon passage and signatures. Signed March 15. 2021. - CITY OF AUBURN .t t . . .is btatAsi NANCY tit CKUS, MAYOR ATTEST: APPROVED AS TO FORM: 'Shawn Campbell, MMC, City Clerk K`hndra Comeau, City Attorney Resolution No. 5587 March 15, 2021 Page 2 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department-TH PO Box 97034/EST-06W Bellevue,WA 98009-9734 E PUGET SOUND ENERGY EASEMENT REFERENCE# GRANTOR(Owner) CITY OF AUBURN GRANTEE (PSE)- PUGET SOUND ENERGY,INC. SHORT LEGAL. A Portion of the SW 1/4 Sec. 20,TWN. 21N, Rng.5E,W.M. ASSESSOR'S PROPERTY TAX PARCEL: 2021059019 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF AUBURN, A Washington municipal corporation ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below,a nonexclusive perpetual easement over, under,along across and through the following described real property (the"Property"herein)in King County,Washington' SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area"herein)described as follows: SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A DIAGRAM DEPICTING THE APPROXIMATE LOCATION OF THE EASEMENT AREA IS ATTACHED HERETO AS EXHIBIT"C",AS A VISUAL AID ONLY. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the right,but not the obligation to cut,remove and dispose of any and all brush, trees or other vegetation in the Easement Area PSE shall also have the right, but not the obligation,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 PSE Easement 2014 WO-101133191 /RW-120754/2101 Howard Rd Page 1 of 6 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole Judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut,tnmmed, removed or disposed Owner shall be entitled to compensation for the actual market value of merchantable timber(if any) cut and removed from the Property by PSE 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately pnor to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted,provided,however,Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE,but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such nght by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns DATED this 2't4'day of , 202t PSE Easement 2014 W0-101133191 /RW-120754/2101 Howard Rd Page 2 of 6 OWNER: CITY OF AUBURN,_ _AA�Washington,',. municipal corporation By ii ame Its. V tar far (ti le) ( STATE OF WASHINGTON ) COUNTY OF KING ) SS ��'`y� On this 2�1 day of NA r"` , 2024 , before me, the undersigned, a Notary Public in and for the State of Washing�p�� duly commissioned and sworn, personally appeared /�y0)4 ,Q ft OP Ikt)BUR' , to me known to be the person(s)who signed as NI Dc NC. 134;041)S , of CITY OF AUBURN, A Washington municipal corporation,the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written `\‘\\\\111 s—s1,4 FERHI �/ ;C, �,.m„o�up 4 �/ s stOH f�A, %/// (Signature •1 �ota�ry)p� c0A u 206061 m (Print or stamp name of Notary) 44,90c) �Z r. /N�''4, > 19 .1'41 0= NOTARY PUB41.CJoapd_fgr the State of Washington, residing /// isii, I\\wAS v�\-` My Appointment yExxppiress IV `� ll /9f2O22- Notary seal,text and all notations must be inside 1"margins PSE Easement 2014 WO-101133191 /RW-120754/2101 Howard Rd Page 3 of 6 EXHIBIT"A" LEGAL DESCRIPTION APN: 2021059019 ALL THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON, LYING AND SITUATED ON THE NORTHEASTERLY SIDE OF THAT PORTION OF STATE ROAD NO. 5 RANGING IN A NORTHWESTERLY AND SOUTHEASTERLY DIRECTION THRU THE SAME,OTHERWISE KNOWN AS THE PAVED AUBURN-ENUMCLAW HIGHWAY: EXCEPT THE SOUTH 150 FEET OF THE EAST 600 FEET OF SAID NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20. EXCEPT A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 5 EAST,W.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE SOUTHERLY ALONG THE WEST LINE OF THE SOUTHWEST QUARTER A BEARING OF SOUTH 000 48'18"WEST FOR A DISTANCE OF 1323.58 FEET TO AN EXISTING MONUMENT; THENCE SOUTH 88'35'27"EAST FOR A DISTANCE OF 107.22 FEET TO THE TRUE POINT OF BEGINNING AND ALSO BEING THE EASTERLY RIGHT-OF-WAY OF HOWARD COUNTY ROAD; THENCE CONTINUE SOUTH 88' 35' 27" EAST FOR A DISTANCE OF 181.16 FEET: THENCE TO THE BEGINNING POINT OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET FROM WHICH THE RADIUS POINT BEARS SOUTH 01'24'42"WEST; THENCE LEFT ALONG SAID CURVE FOR AN ARC LENGTH OF 76.34 FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 69'32'32"WEST FOR A DISTANCE OF 74.50 FEET; THENCE SOUTH 47'39'54"WEST FOR A DISTANCE OF 61.74 FEET TO THE EASTERLY RIGHT-OF-WAY OF HOWARD COUNTY ROAD; THENCE NORTH 4T 20'01"WEST FOR A DISTANCE OF 97.50 FEET,TO THE TRUE POINT OF BEGINNING. (AKA LOT 2 OF CITY OF AUBURN SHORT PLAT FILE NO. SPL 15-0006, RECORDED NOVEMBER 25TH 2015 UNDER KING COUNTY RECORDING NO. 20151125900003 IN RECORDS OF KING COUNTY,WASHINGTON.) SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. PSE Easement 2014 WO-101133191 /RW-120754/2101 Howard Rd Page 4 of 6 EXHIBIT"B" EASEMENT LEGAL DESCRIPTION APN: 2021059019 THE NORTH 30.00 FEET OF THE EAST 30.00 FEET OF LOT 2,CITY OF AUBURN SHORT PLAT FILE NO.SPL15- 0006, RECORDED NOVEMBER 25, 2015 UNDER KING COUNTY RECORDING NO. 20151125900003 RECORDS OF KING COUNTY,WASHINGTON,LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. CONTAINING AN AREA OF 900 SQUARE FEET, MORE OR LESS zzzzLLLLLCnz",llllllll»l \I P�LEN GJ WASyrNC`r, C , + oil • 1 • J ��ss 5233 *ea 98 E4o J4441 • .. r�—AL LAN9 02/25/2021 mitco. II//mn �I PSE Easement 2014 WO-101133191 I RW-120754 12101 Howard Rd Page 5 of 6 EXHIBIT"C" APN: 2021059019 MII"C"LESHGOT INDIAN TRIBE T='IJ 202IOS-900i AUHURN 98002 EXISTING U771.17 Y POIE- i AND A:AIAI.LINES �t - (-VP-- \ NORTri LINE OF LOT 2 I / , / ,d-- r C:. i0�� EYIs IIFi; •_'n.v :Jj x7 I ' jl'"' kaCKLESHCCtT Il el•WN TRIBE - ' I >. --" TFL: 20010')-9021 AREA 33,00. --' 2117 AUBIJR\ WAY SOUTH I At/EJfrN 7bU:2 , I . I 91 7.1 In 4 CIT! OF AUBURN u' TPN 202105-9019 211;1 HOYIAPD RD I A,.BURN! 99002 x P1,LEN GJ,,11'' ��OF IYASJtlh'Vs0 O ye T i s 4: t-• :"=20 FAELT i E-, 1 � �l t'.; 20 til r O '�" ?' . k 528330 a4e ks, ECISTE4 Q4' INIL LW)9 'r,02/25/2021 p; EAI IINIT NOTE i. <\caGe, ,,,,,I <,, ,,,,m ,,wiY THIS EXHIBIT IS 'HEPARED TO ASSIST I•: THE INTERPRETATION Cr' THE ACCDMPAN'INO LEGAL DESCRIPTOR AND DOES NOT SERF ESENT A BOUNDARY S:FYD. an: -:-.. --• • CITY OF AUBURN EXHIBIT "C" at,�.:1�"St PUBLIC WORKS PEPARTMEN1 • WASHINCI ON 25 WEST MAIN ST EASEMENT DEPICTION AUBURN WA 98001 PSE Easement 2014 WO-101133191 /RW-120754/2101 Howard Rd Page 6 of 6