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AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4457
Date:
Februa 23, 2009
Department:
Attachments:
Budget Impact:
Parks, Arts, & Recreation
Resolution No. 4457, Easement, Ma
$ 0
Administrative Recommendation:
City Council adopt Resolution No. 4457.
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
between Puget Sound Energy and the City.
R0302-4
A3.13.2, 02.7
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
p Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner [D Municipal Serv.
❑ Finance 0 Parks
❑ Human Services Z Planning & CD
0 Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
0 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: March 2, 2009
Item Number: VI11.6.4
AU$[jRN * MORE THAN YOU 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.
Resolution No. 4457
February 23, 2009
Page 1 of 2
Dated and Signed this day of , 2009.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielie E. Daskam, City Clerk
APPROVED AS TO FORM:.
, City Attorney
Resolution No. 4457
February 23, 2009
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 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 Pierce
County, Washington:
REFER TO 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:
teilews:
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 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 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.
6. 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
UG Electric 10l2003
Sap No. 105056640 RW-071826 NOT-10867152
2005E017
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 , 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 sworn, 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 mentioned; 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:
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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 TNE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER EXCEPTING
THEREFROM; THE EAST 30.00 FEET THEREOF CONVEYED TO PIERCE COUNTY WITHIN DEED
RECORDED 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
119.38 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.
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NEW F►RE S TA TI ON 33
A PORTION OF
SE 1/4 OF THE NE 1/4, SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M.
PIERCE COUNTY, WASHINGTON
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CONSTRUCTION NOTES:
1. THE CONTMCTOR SHALL NOTIFY ENGINEER IN THE EVENT OR
DISCOVERY OF UNSUfTABLE SOILS, OR DISCREPANCIES FROM THE PU1NS AND EXISTING CANDI710NS.
2. NO PROPOSED SITE OR OFFSITE SIDEWALK OR HANOICAP RAMP
SHALL EVER HAVE A GROSS SLOPE OF LESS THAN 0.5 PERCENT
(ONLY 1HAT MINIMUM IN RARE CfSES) NOR MORE THAN 2.0
PERCENT.
3. NO SITE SIDEWAIK SHALL EVER HAVE A LONGITUDINAL SLOPE OF
LESS THAN 0.5 PERCENT, NOR MORE THAN 2.0 PERCENT, BECAUSE
If R DOES, IT IS DEFINED BY HANDICAP CODES A HANOICAP RAMP.
4. NO HANDICAP RAMP SHALL EVER HAVE A LONGITUDINAL SLOPE
Of LESS THAN 0.5 PERCENT (ONIY THAT MINIMUM IN RARE
CPSES).
5. NO HFNDICAP RAMP SHALL HAVE A SLOPE MORE THAN 2.0
PERCEN7 UNLESS: A. IT IS THEN AT OR LESS THAN A SLOPE OF 5.0 PERCENT IF IT
HPS NO HANDRAILS, AND THE RAMP ALSO HAS 30 INCHES
VERTICAILY MAXIMUM BETWEEN LANDINGS OF AT LEAST 5.0
. FEET BV 5.0 FEET TNAT ARE AT NO MORE THAIJ 2.0 PERCENT
SLOPE,OR
0. IT IS iHEN AT OR LESS THAN A SLOPE OF 8.33 PERCENT (12H
TO iV) WITH HANDRAILS, AND THE RAMP ALSO HAS 30 INCHES
VERTICALLV MAl(IMUM BETWEEN LANDINGS OF AT LEAST 5.0
. FEET BY 5.0 FEET THAT ARE NO MORE THAN 2.0 PERCENT
SLOPE.
6. HANDICAP PARKIPiG STALLS, AND THE LOADING AREAS BEM'EEN
THE STALLS SHAII HAVE ASLOPE OF NO LESS THAN 1.0 PERCENT
IF CONCRETE (ONLYTHAT MINIMUM IN RARE CASES), OR 1.0
PERCENT AND Np MORE THAN 2.0 PERCENT ON ASPFNLT.
7. ALL CURBS, EXCEPT WHERE TRANSI710NING AT RAMPS, SHALL BE
EITHER ZERO HEIGHT, OR 6 INCHES IN HEIGHT, UNLESS
SPECIfICALLY CALlEO WT ON THE PWJS TO BE SOME
DIFFERENT HEIGHT.
8. LANOSCAPE SLOPES SHALL NOT BE LESS THAN 2.0 PERCENT, NOR
MORE THAN 3H TO 1 V.
9. IF ANV ITEMS OF P0.SSIBLE CULTURAL OR HISTORIC SIGNIFICANCE
ARE ENCOUNTERED DURING CONSTRUCTION ACTIVITIES, WORK
SHALL BE HALTED IN AN AREA LARGE ENOUGH TO MAINTAIN
INTEGRIN AND THE CIN AND THE STATE OFfICE OF
ARCHEOLOGY ANO HISTORIC PRESERVATION AND THE
MUCKLESHOOT TRIBE SHALL BE IMMEDIATELY CONSUITED.