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Home My WebLink About02-05-2007 ITEM VIII-B-9CITY OF o. WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 4153 January 24, 2007 Department: Attachments: Budget Impact: Finance Resolution No. 4153, Exhibit "1" Administrative Recommendation: City Council adopt Resolution No. 4153. Background Summary: Resolution No. 4153 authorizes the Mayor and City Clerk to execute an easement with Puget Sound Energy for undergrounding electrical utilities at Mountain View Cemetery for the Columbarium building project. N0205-3 A3.16.3, 04.4.10.1 CP0617 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 ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _/_/_ Tabled Until _/_!_ Councilmember: Cerino Staff: Coleman Meetin Date: February 5, 2007 Item Number: V111.6.9 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO.4 1 5 3 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 FOR UNDERGROUNDING ELECTRICAL UTILITIES AT MOUNTAIN VIEW CEMETERY FOR THE COLUMBARIUM BUILDING PROJECT WHEREAS, Puget Sound Energy currently distributes electricity within the City of Auburn; and WHEREAS, the City of Auburn is building a new Columbarium Building at Mountain View Cemetery; and WHEREAS, Puget Sound Energy (PSE) will be installing the underground electrical service to the Columbarium; and WHEREAS, Puget Sound Energy is requesting an easement for the purpose of accessing, installation, alterations, changes, new construction and maintenance on electrical services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 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. Resolution No. 4153 January 24, 2007 Page 1 of 2 Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS DAY OF , 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Maniel B. Hem; City Attorney ------------------------- Resolution No. 4153 January 24, 2007 Page 2 of 2 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: RlW Department (J. Mai) PO Box 90868 f EST -06W Bellevue, WA 98009 EASEMENT REFERENCE #: GRANTOR: CITY OF AUBURN, a Washington municipal corporation GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of Tracts 60, 61 and 71, West Auburn Five Acre Tracts ASSESSOR'S PROPERTY TAX PARCEL: 926280-0330 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF AUBURN, a Washington municipal corporation (`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: TRACTS 60, 61 AND 71 OF THE PLAT OF WEST AUBURN FIVE ACRE TRACTS RECORDED IN VOLUME 15 OF PLATS, PAGE 12, RECORDS OF KING COUNTY, WASHINGTON. 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: An Easement Area seven (7) feet in width having three and one-half (3.5) feet of such width on each side of a centerline described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. Grantee shall have the right to use to Easement Area to construct, operate, maintain, repair, replace, improve, remove, enlarge 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, 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. 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. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence or the negligence of Grantee's agents or contractors 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. 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. Mt. View Cemetery WO# 105043406! RW -062034 Page 1 of 3 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. DATED this day of GRANTOR: City of Auburn, a Washington municipal corporation BY: ITS: Attest: BY: STATE OF WASHINGTON ) ) SS COUNTY OF KING ) 2007. GRANTEE: Puget Sound Energy, Inc., a Washington corporation BY: ITS: Real Estate Representative On this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the persons who signed as and , of City of Auburn, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be their free and voluntary act and deed and the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned; and on oath stated that they were authorized to execute the said instrument on behalf of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seat 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: STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and , to me known to be the persons who signed as and , of City of Auburn, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be their free and voluntary act and deed and the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned; and on oath stated that they were authorized to execute the said instrument on behalf of said municipal corporation. 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: Mt. View Cemetery WO# 105043406/ RW -062034 Page 2 of 3 EXHIBIT A Proposed 7' Wide PSE Easement Description That portion of Tracts 60, 61 and 71 of the plat of West Auburn Five Acre Tracts recorded in Volume 15 of Plats at Page 12, records of King County Washington, said portion being an easement 7 feet in width lying 3.5 feet on both sides of the following described centerline: Commencing at the Northwest corner of said Tract 60; Thence South 01°26'07" West along the west line of said Tract 60 and the east right of way line of 58th Avenue South (an unopened right of way) a distance of 300.60 feet; Thence leaving said east right of way line South 89°57'04" East a distance of 225.39 feet to the True Point of Beginning of this centerline description; Thence South 54°48'55" West a distance of 22.31 feet; Thence South 35°49'10" East a distance of 46.63 feet; Thence South 67°13`10" West a distance of 23.34 feet to the beginning of a tangent curve to the left having a radius of 108.87 feet; Thence southwesterly and southerly along said curve through a central angle of 64°02'06" an arc length of 121.68 feet to the beginning of a non -tangent curve to the left having a radius of 519.52 feet (the radius center bears South 88°46'23" East); Thence southerly and southeasterly along said curve through a central angle of 12°34'22 an arc length of 114.00 feet; Thence along a line non -tangent to last said curve South 14°24'15" East a distance of 39.49 feet; Thence South 16°12'11" East a distance of 30.75 feet; Thence South 04°14'04" West a distance of 41.69 feet; Thence South 65°45'01" East a distance of 8.92 feet; Thence South 00°22'22" West a distance of 106.53 feet; Thence South 01 ° 10'01 " East a distance of 70.36 feet; Thence South 00°52'16" West a distance of 41.95 feet; Thence South 04°40'31" West a distance of 87.81 feet; Thence North 89°28'47" West a distance of 17.58 feet; Thence South 03°07'03" East a distance of 20 feet, more or less, to the north margin of Mountain View Drive and the terminus of this centerline description. The sidelines of this easement are to be shortened or lengthened so as to intersect in themselves and terminate in said north margin of Mountain View Drive. PSE 7 -Foot Easement Desc.doc 01/18/2007 p�I R. BU® 0 ;0 t, q� 2zs Amo. 10 .c^IST EXPIRES of OZ, S. 328 ST Not 0 en I NORTHWEST CORNER TRACT 60, WEST AUBURN �S FIVE ACRE TRACTS O 3 N TPOB PSE `o EASEMENT S 8957'04" E N 1 "=120' 225.39' Columbarium. lam, \, Building �PG\ ww\\ ll R=108.87 CL =64 02'06 O S 88'46'23" E(R) z R-52'3422" G� Ljj I n �� LINE TABLE �I PROPOSED 7' -� PSE EASEMENT 1 � PGS � ill UNE BEARING DISTANCE L1 S 54'48 55 W 22.31 L2 S 35'49 10 E 46.63 L3 S 67' 13 10 W 23.34 L4 S 142415 E 39.49' L5 S 16' 12 11 E 30.75 L6 S OC 4 04 W 41.69 L7 -1 S 65'45 01 E 8.92 -TO-6.-5-3-7- LS S 00'22 '22W 3 08.53 L9 S 01'10 Ot E 70.36 L10 S 00'52 16 W 41.95 S04'40'31W 87.81'N M 89'28'47" W 17.58 S 03'07'03" E 20.0' o_II JI) L12 ' n _Mt_ VIEW —DRIVE— EXHIBIT RIVE_EXHIBIT MAP TO ACCOMPANY PSE EASEMENT City of Auburn Public Works — plot date 01/18/2007