HomeMy WebLinkAboutAgenda Modification RES 4456 & 4456
CTTY OF
Memorandum
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WASHINGTON
To: Planning and Community Development Committee
From: Department of Planning, Building & Community
Re: February 23, 2009 Agenda Modification
Date: February 23, 2009
The February 23, 2009 Planning & Community Development Committee meeting agenda,
published on Friday, February 20, 2009, is modified as follows:
III. ACTION
The agenda modification adds the following resolution:
C. Resolution No. 4456 - Storm Drainage Easement to Pierce County
Authorizing the granting of an easement for construction of new VRFA
Lakeland Fire Station #33 to Pierce County.
D. Resolution No. 4457 - Utility Easement to Puget Sound Energy
Authorizing the granting of an easement for construction of new VRFA
Lakeland Fire Station #33 to Puget Sound Energy.
AUBURN * MOKE THAN YOU IMAGINED
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4~ F i V .e... . ~ AGENDA BILL APPROVAL FORM
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Agenda Subject: Resolution No. 4456 Date:
Februa 23, 2009
Department: Attachments: Budget Impact:
Parks, Arts, & Recreation Resolution No. 4456 and Ma $ 0
Administrative Recommendation:
Authorize the Mayor and City Clerk to execute a Storm Drainage Easement to Pierce County in
substantially the same form as attached Exhibit A.
Background Summary:
The Valley Regional Fire Authority ("VRFA") is constructing a new facility at 500 182nd Ave E known as
the Lakeland Fire Station #33. As part of the construction requirements, improvements will be made to
the Pierce County roads fronting the property. Pierce County requires that stormwater runoff from the
road improvements be managed in a stormwater facility owned by the City of Auburn.
The proposed easement sets out the rights and responsibilities regarding stormwater runoff from the road
and associated road improvements between the Counry and the City. The proposed easement also sets
out the rights and responsibilities related to stormwater on the faciliry site between the City and VRFA
under a separate agreement.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building p M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner 0 Municipal Serv. ❑ Finance 0 Parks
❑ Human Services ED Planning & CD 0 Fire ❑ Planning
❑ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other Z Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman Staff: Faber
Meetin Date: Februa 23, 2009 Item Number:
AUBURN'k MORE'THAN YOL1 iMACiINED
'a
RESOLUTION NO. 4456
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
STORM DRAINAGE EASEMENT FOR PIERCE
COUNTY
WHEREAS, the Valley Regional Fire Authority ("VRFA") is constructing a
new facility known as the Lakeland Fire Station #33, which construction requires
improvements to the Pierce County ("County") roads; and
WHEREAS, as a condition of construction of these road improvements,
Pierce County requires the stormwater runoff from those road improvements be
managed in a stormwater facility owned by the City of Auburn ("City"); and
WHEREAS, the proposed easement sets out the rights and
responsibilities regarding stormwater runoff from the road and associated road
improvements between the County and the City; and
WHEREAS, a separate agreement sets out the rights and responsibilities
related to stormwater on the facility site between the City and VRFA; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to grant a Storm
Drainage Easement in substantially the same form as at Exhibit A to Pierce
County.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
- - - -
Resolution No. 4456
February 23, 2009 - DRAFT
Page 1 of 2
r
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2009.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4456
February 23, 2009 - DRAFT
Page 2 of 2
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CIIY OF
AGENDA BILL APPROVAL FORM
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Agenda Subject: Resolution No. 4457 Date:
Februa 23, 2009
Department: Attachments: Budget Impact:
Parks, Arts, & Recreation Resolution No. 4457, Easement, Ma $ 0
Administrative Recommendation:
Authorize the Mayor and City Clerk to execute a utility easement to Puget Sound Energy in substantially
the same form as attached Exhibit A.
Background Summary:
The Valley Regional Fire Authority ("VRFA") is constructing a new facility at 500 182nd Ave E known as
Lakeland Fire Station #33. In order to provide electrical service to the new fire station Puget Sound
Energy requires an easement to place equipment and transmission lines on property owned by the City of
Auburn.
The proposed easement sets out the rights and responsibilities regarding power utility improvements
befinreen Puget Sound Energy and the Ciry.
Reviewed by Council 8 Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner 0 Municipal Serv. ❑ Finance N Parks
❑ Human Services CD Planning & CD Z Fire ❑ Planning
p Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ER Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until / /
Tabled Until
Councilmember: Norman Staff: Faber
Meetin Date: Februa 23, 2009 Item Number:
AUBtJRN* 1trtORE THAN YQU IMAGINED
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RESOLUTION NO. 4457
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
UTILITY EASEMENT FOR PUGET SOUND
ENERGY
WHEREAS, the Valley Regional Fire Authority ("VRFA") is constructing a
new facility known as the Lakeland Fire Station #33, which construction requires
improvements to the Pierce County ("County") roads; and
WHEREAS, in order to provide electrical service to the fire station, Puget
Sound Energy needs to place equipment and transmission lines on property
owned by the City of Auburn ("City"); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to grant a Utility
Easement for purposes of transmission, distribution and sale of electricity in
substantially the same form as at Exhibit A to Puget Sound Energy, a
Washington Corporation.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2009.
Resolution No. 4457
February 23, 2009 - DRAFT
Page 1 of 2
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
- - - - -
Resolution No. 4457
February 23, 2009 - DRAFT
Page 2 of 2
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RETURN ADDRESS:
Puget Sound Energy, inc.
Attn: ROW Department
3130 So. 38"' Street
Tacoma, Wa 98409
TVV
EASEMENT
REFERENCE
GRANTOR: CITY OF AUBURN
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: NE SE 05-20N-05E
ASSESSOR'S PROPERTY TAX PARCEL: 052005-1-032
For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF AUBURN,
a municipal corporation ("Grantor" herein), hereby conveys and warrants to PUGET SOUNO ENERGY, INC.,
a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexGusive perpetual
easement over, under, along across and through the following described real property ("Property" herein) in Pierce
County, Washington:
REFER TO EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF;
Except as may be othervuise set forth herein Grantee's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
feNews
THE NORTH SIXTY (60) FEET OF THE EAST FORTY (40) FEET OF THE HEREIN
DESCRIBED REAL PROPERTY.
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 for purposes ot transmission, disUibution and sale
of electricity. Such systems may include, but are not limited to:
Underground faciiities. Conduits, lines, cables, vaults, switches and Vansformers 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 construdion of all or a portion of its systems, Grantee may, from time to time, construct
such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement
Area over and across the Property to enable Grantee to exercise its righis hereunder. Grantee shall compensate
Grantor for any damage to the Property caused by the exercise of such right of access by Grantee.
2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of
any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right 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. Grentor reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Grantor shall not consVuct or maintain any
buildings, sVuctures or other objects on the Easement Area and Grantor shall do no blasting within 300 teet of
Grantee's facilities without Grantee's prior written consent.
4. Indemnity. Grantee agrees to indemniy Grantor from and against liability incurred by Grantor as a result
of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require
Grantee to indemnity Grantor for that portion of any such liability attributable to the negligence of Grantor or the
negligence of others.
5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights
hereunder, and any improvements remaining in the Easement Area, shall revert to or othervvise become the property
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 period of time from the date hereof.
6. Successors and Assigns. Grantee shall have the right to assign, apportion or othervvise transfer any or all
of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the
UG Electric 10/2003
Sap No. 105056640 RW-077826 NOT-10867152
2005E077
foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective
successors and assigns.
DATED this day of , 2009.
GRANTOR:
CITY OF AUBURN
BY:
ITS:
STATE OF WASHINGTON)
)ss
COUNTY OF )
On this day of , 2009, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and swom, personally appeared , to
me known to be the person who signed as (title, position), of CITY OF AUBURN, the
municipal 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 CiTY OF AUBURN for the uses
and purposes therein men6oned; and on oath stated that he/she was authorized to execute the said instrument on
behalf of said CITY OF AUBURN.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington,
Residing at
My Appointment Expires:
Nobry eeal. text anE aM rohtiaro muq nd Ea placeE wi1Hn 1' marpim
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EXHIBIT "A"
(Legal Description)
THOSE PORTIONS OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE
MERIDIAN, PIERCE COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER EXCEPTING
THEREFROM; THE EAST 30.00 FEET THEREOF CONVEYED TO PIERCE COUNTY WITHIN DEED
RECOROEO UNDER AFN 2277811 AND ALSO EXCEPTING THEREFROM ANY PORTION
CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED UNDER AFN 2410280.
ALSO:
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER,
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER; THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER.
EXCEPT ANY PORTION OF THE ABOVE DESCRIBED SUBDIVISIONS LYING SOUTHERLY AND
WESTERLY OF THE FOLLOWING DESCRIBED LINE;
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH
03°05"14" EAST 468.44 FEET ALONG THE WEST LINE OF SAID SUBDIVISION TO THE POINT OF
BEGINNING; THENCE SOUTH 45°54"00" EAST 192.93 FEET; THENCE SOUTH 15°16"27" EAST
719.38 FEET; THENCE SOUTH 12°17"54" EAST 179.43 FEET TO THE NORTHERLY LINE OF LAKE
TAPPS PARKWAY RIGHT-OF-WAY; THENCE NORTH 89°09"19" EAST ALONG SAID NORTHERLY
LINE 101.63 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION,
BEING THE TERMINUS OF THIS LINE DESCRIPTION.