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Home My WebLink About11-06-2006 ITEM VIII-B-1CITYOF AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4102 Date: September 26, 2006 Department: Parks Attachments: Resolution No. 4102 Budget Impact: Administrative Recommendation: City Council adopt Resolution No. 4102. Background Summary: On April 4, 2005 under Ordinance No. 5905 the City of Auburn granted Sprint PCS a Conditional Use Permit for a Type 1-D wireless communications facility and associated radio equipment to be stored in an enclosed structure adjacent to field three of Game Farm Park at 3030 R Street, Auburn, Washington. The Conditional Use Permit Ordinance recognized that Sprint PCS would lease an area at Game Farm Park from the City of Auburn to accommodate the construction of the wireless communication facility, including individual equipment enclosures which would house electrical equipment supporting the antennae. The Conditional Use Permit Ordinance also recognized that Sprint PCS would connect the wireless communication facility to existing electrical and telephone services. Sprint PCS has requested that Puget Sound Energy provide power to the wireless communication facility and Puget Sound Energy has determined that an additional underground vault must be installed along an existing distribution line located within Game Farm Park in order to accommodate the needs of Sprint PCS. In order to fulfill the power upgrade for Sprint PCS, Puget Sound Energy has requested that the City of Auburn grant an easement for the purposes stated herein. R1106-1 A3.13.2, 05.1.2 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 ❑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 —/—/ Councilmember: Cerino Staff: Faber Meeting Date: November 6, 2006 Item Number: VIII.B.1 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 4102 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, on April 4, 2005 under Ordinance No. 5905 the City of Auburn granted Sprint PCS a Conditional Use Permit for a Type 1-D wireless communications facility and associated radio equipment to be stored in an enclosed structure adjacent to field three of Game Farm Park at 3030 R Street, Auburn, Washington, and WHEREAS, the Conditional Use Permit Ordinance recognized that Sprint PCS would lease an area at Game Farm Park from the City of Auburn to accommodate the construction of the wireless communication facility, including individual equipment enclosures which would house electrical equipment supporting the antennae, and WHEREAS, the Conditional Use Permit Ordinance also recognized that Sprint PCS would connect the wireless communication facility to existing electrical and telephone services, and WHEREAS, Sprint PCS has requested that Puget Sound Energy provide power to the wireless communication facility, and ---------------------- Resolution No. 4102 September 26, 2006 Page 1 WHEREAS, Puget Sound Energy has determined that an additional underground vault must be installed along an existing distribution line located within Game Farm Park in order to accommodate the needs of Sprint PCS; and WHEREAS, in order to fulfill the power upgrade for Sprint PCS, Puget Sound Energy has requested that the City of Auburn grant an easement for the purposes stated herein; 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. ---------------------- Resolution No. 4102 September 26, 2006 Page 2 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. DATED this _ day of , 2006. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk City Attorney ---------------------- Resolution No. 4102 September 26, 2006 Page 3 After recording return to: Puget Sound Energy, Inc. Attention: R/W Department PO Box 90868, EST -06W Bellevue, WA 98009-9868 EASEMENT Reference No. of related documents: Grantors: CITY OF AUBURN Grantee: PUGET SOUND ENERGY, INC. Short Legal: NW'/a Sec. 29, Twp. 21N, Rg. 05E, W.M. Tax Parcel No.: Portion of 292105-9011 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, under, 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: SEE EXHIBIT "B" 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 for.purposes of transmission, distribution and sale of electricity. Such system 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 Page 1 of 6 October 18, 2006 Game Farm Park/Sprint Facility Resolution No. 4102 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, as identified and approved in advance in writing by the Grantor. 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. 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. Grantor shall also do no blasting within 300 feet of Grantee's facilities without prior written notice, 30 days in advance. 4. 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. 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 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 from the date hereof. 6. Successors and Assigns. This easement and the covenants herein shall be covenants running with the land and shall inure to the benefit of and be binding on the successors, heirs, and assigns of both parties hereto. Page 2 of 6 October 18, 2006 Game Farm Park/Sprint Facility Resolution No. 4102 DATED this day of , 2006. GRANTOR: City of Auburn, a Washington municipal corporation atm Attest: 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 sworn, personally appeared Peter B. Lewis, and to me known to be the Mayor 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 they 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 t" margins Page 3 of 6 October 18, 2006 Game Farm Park/Sprint Facility Resolution No. 4102 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. LEGAL DESCRIPTION OF PROPERTY - PORTION OF ASSESSOR'S PARCEL NO.292105-9011 THE LEGAL DESCRIPTION AS DESCRIBED IN THE LOT LINE ADJUSTMENT SHOWN ON THAT RECORD OF SURVEY RECORDED OCTOBER 19, 2005 IN BOOK 194 OF SURVEYS AT PAGES 085 THROUGH 088 UNDER AUDITOR FILE NUMBER 20051019900001, KING COUNTY RECORDS, FURTHER DESCRIBED AS FOLLOWS: THOSE PORTIONS OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; GOVERNMENT LOT 10; EXCEPT THE WHITE (STUCK) RIVER; ALSO GOVERNMENT LOT 11; EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 2696887; AND EXCEPT THAT PORTION CONVEYED TO THE CITY FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5896174; AND EXCEPT THAT PORTION RETAINED BY THE STATE OF WASHINGTON PARKS AND RECREATION COMMISSION, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 010 33'53" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 1267.17 FEET; THENCE SOUTH 880 31' 31" EAST PARALLEL WITH AND 60 FEET SOUTH OF THE NORTH LINE OF GOVERNMENT LOT 11 A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNI NG; THENCE CONTINUING SOUTH 880 31' 31" EAST PARALLEL WiTH SAID Page 4 of 6 October 18, 2006 Game Farm Park/Sprint Facility Resolution No. 4102 NORTH LINE AND ALONG THE SOUTHERLY RIGHT OF WAY LINE OF RIVERWALK DRIVE SOUTHEAST A DISTANCE OF 630.90 FEET; THENCE SOUTH 01 ° 21' 40" EAST A DISTANCE OF 182.33 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 400.50 FEET; THENCE COUNTER -CLOCKWISE ALONG SAID CURVE A DISTANCE OF 301.11 FEET THROUGH A CENTRAL ANGLE OF 430 04'38" (THE RADIUS CENTER BEARS SOUTH 030 02' 29" EAST); THENCE SOUTH 01° 51' 38" WEST A DISTANCE OF 33.07 FEET; THENCE SOUTH 340 05' 04" WEST A DISTANCE OF 51 .01 FEET; THENCE NORTH 880 49'35" WEST A DISTANCE OF 336.49 FEET TO THE EASTERLY RIGHT OF WAY LINE OF "R" STREET SOUTHEAST; THENCE NORTH 030 08'49" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 147.96 FEET; THENCE NORTH 01 ° 33'53" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 241.60 FEET TO THE TRUE POINT OF BEGINNING. Page 5 of 6 October 18, 2006 Game Farm Park/Sprint Facility Resolution No. 4102 EXHIBIT `B' 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. EASEMENT DESCRIPTION - PORTION OF ASSESSOR'S PARCEL NO.292105-9011 A Tract of land described as follows: Commencing at the West Quarter Corner of Section 29, Township 21 North, Range 5 East, W.M.; Thence along the East - West mid section line of said Section 29, South 88°57'48" East 1205.57 feet; Thence North 01'02'12" West 505.08 feet to the True Point of Beginning; Thence North 52°53'51" West 10.00 feet; Thence North 37°06'09" East 10.00 feet; Thence South 52°53'51" East 10.00 feet; Thence South 37°06'09" West 10.00 feet to the True Point of Beginning; Containing 100 square feet, more or less. Page 6of6 October 18, 2006 Game Farm Park/Sprint Facility Resolution No. 4102