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HomeMy WebLinkAbout09-05-2006 ITEM VIII-B-4*l CI TY AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Easement to property at 132 na AVE SE (Jacobson Date: August 1', 2006 Tree Farm Department: Parks Attachments: Resolution No. 4082 Budget Impact: and Easement Administrative Recommendation: City Council adopt Resolution No. 4082. Background Summary: The Auburn School District began constructing a new in school in May 2006 and as part of that project, the Auburn School District is required by King County to widen the road and build frontage improvements along 132nd Avenue Southeast. This work requires the relocation of power poles and overhead power and communication lines along the west side of 132nd Avenue Southeast adjacent to and south of the school site. The relocated power poles will remain within the road right-of-way but will cause a section of overhead lines to encroach on Auburn park property and will require the installation of two down guy pole supports on Auburn park property. The Auburn School District has requested that the City grant an easement to Puget Sound Energy (PSE) to accommodate these electrical facilities. PSE intends to move and reconstruct electricity transmission and distribution facilities at the request of the Auburn School District and is in need of the grant of an easement from the City in order to accomplish this task. In order for the City to permit such use of City property, an agreement is needed to protect the interests of the City. The City wishes to grant an easement for these purposes. R0905-1 05.1, A3.13.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ® Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ❑ Planning ❑ Park Board I-] Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until —/—/ Tabled Until I I Councilmember: Norman Staff: Faber Meeting Date: September 5, 2006 Item Number: VIII.B.4 AUBURN* MOIZE THAN YOU IMAGINED RESOLUTION NO.4 0 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT WITH PUGET SOUND ENERGY, INC. FOR UTILITY SYSTEM FACILITIES WHEREAS, the Auburn School District began constructing a new in school in May 2006; and WHEREAS, as part of that project, the Auburn School District is required by King County to widen the road and build frontage improvements along 132nd Avenue Southeast; and WHEREAS, this work requires the relocation of power poles and overhead power and communication lines along the west side of 132nd Avenue Southeast adjacent to and south of the school site; and WHEREAS, the relocated power poles will remain within the road right- of-way but will cause a section of overhead lines to encroach on Auburn park property and will require the installation of two down guy pole supports on Auburn park property; and WHEREAS, the Auburn School District has requested that the City grant an easement to Puget Sound Energy, INC, hereinafter referred to as "PSE" to accommodate these electrical facilities; and Resolution No. 4082 August 16, 2006 Page 1 WHEREAS, "PSE" intends to move and reconstruct electricity transmission and distribution facilities at the request of the Auburn School District and is in need of the grant of an easement from the City in order to accomplish this task; and WHEREAS, in order for the City to permit such use of City property, an agreement is needed to protect the interests of the City; and WHEREAS, the City wishes to grant an easement for the purposes stated herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Easement in substantially the form of the agreement, a copy of which is attached hereto, denominated as Exhibit: "1" and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such 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. Resolution No. 4082 August 16, 2006 Page 2 DATED this _ day of , 2006. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk ---------------------- Resolution No. 4082 August 16, 2006 Page 3 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department PO Box 90868, EST -06W Bellevue, WA 98009.9868 EASEMENT REFERENCE #: GRANTOR: CITY OF AUBURN GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NE'/. Sec. 04, Twp. 21N, Rg. 5E, W.M. ASSESSOR'S PROPERTY TAX PARCELS: 042105-9085 and 042105-9004 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF AUBURN, a municipal corporation of the State of Washington, (Grantor, herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, along, across and through the following described real property ("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 Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: EASEMENT NO. 1 THE EAST TEN (10) FEET OF THE NORTH 170.94 FEET OF PARCEL 1 AS DESCRIBED IN EXHIBIT "A". EASEMENT NO. 2 THE EAST TWENTY (20) FEET OF PARCEL 2 AS DESCRIBED IN EXHIBIT "A". 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge for one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Poles, towers and other support structures with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for communications; transformers, street lights, 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, 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 rights 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. 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 a reasonable effort to give Grantor prior notice that such trees will be cut, trimmed, removed or disposed of (except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are cut, 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 timber (if any) cut and removed from the Property by Grantee. 4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. OH Electric Easement 1012003 WO# 105036164/ REDT# 60035 U -Map 2105EO13 ses City of Auburn W0# 1050361641 REDT# 60035 5. 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 rights herein 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 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 otherwise 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 frorn the date hereof. 7. Successors and Assigns. Grantee 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 inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2006. GRANTOR: City of Auburn, a Washington municipal corporation BY: Attest: BY: STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of , 2006, before me, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared and to me known to be the and of the municipal corporation that executed the within and foregoing instrument, and acknowledged the same to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned and on oath stated that are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires _ Notary seal, text and all notations must be inside V margins City of Auburn WO# 105036164/ REDT# 60035 EXHIBIT `A' Attached hereto and made a part hereof Easement dated , 2006, By and between City of Auburn, a municipal corporation of the State of Washington, as Grantor And Puget Sound Energy, Inc., a Washington corporation, as Grantee. Assessor's Parcel No. 042105-9085 PARCEL 1 BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 QUARTER OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 337.76 FT TO THE TRUE POINT OF BEGINNING (TPOB); THENCE S 87-36-42 E 1292.14 FT TO THE WEST MARGIN OF 132"D AVENUE SE; THENCE SOUTHERLY ALONG SAID WEST MARGIN 170.94 FT; THENCE N 87-41-44 W 120.01 FT; THENCE S 01-29-46 W 150.01 FT TO SOUTH LINE OF THE NORTH 1/2 OF SAID SOUTHEAST 1/4; THENCE WESTERLY ALONG SAID SOUTH LINE 1172.53 TO THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTHERLY ALONG SAID WEST LINE 322.85 FT TO THE TPOB. Assessor's Parcel No. 042105-9004 PARCEL 2 LOT 1 AS DELINEATED ON KING COUNTY SHORT PLAT NO. R477006, RECORDED UNDER KING COUNTY RECORDING NO. 7805090949, BEING A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; TGW THAT PORTION OF TRACT Y LYING WITHIN SAID LOT 1.