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HomeMy WebLinkAboutAgenda Modification RES 4456 & 4456 CTTY OF Memorandum ~ 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 . -~yy s°v ro"F 4~ F i V .e... . ~ AGENDA BILL APPROVAL FORM ~ 1'VASHtNGTC7N 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 r CIIY OF AGENDA BILL APPROVAL FORM ~ WAsHrNcroN 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 ~ 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 . ` 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 ~ ♦ 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.