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HomeMy WebLinkAboutITEM VIII-B-4ak ~iwirn * ,,,,a•' CITYOF ~J~~~ n~~ ~ ~ ~ ~ WASHWGTON 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: rmury seai, te~ aW mi -iauons musi oM oe oi-e wnnm r macgins 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. tAln onnn ar.nn - nc - - _ " - 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 PIERCECOUNNZONING=MSF si PIERCECOUNTYZONING=MSF (MODERATE DENSITY SINGLE FAMILI) p~ (MOOERATE DENSfTYSiNGLE FAMILY) 10) PIERCE COUNTY AUBURN CITY LIMIT ~ l ICOVE44W, 1 ~ CITYOFAUBURNZONING=LHP1 j F~~~~ (LAKEIAND HILLS S. PUD - PUBLICUSE DISTRICP M Z O Q C/) a' LL & z o ~ j U~ ~ p7VOFAUBURNZONING=LHR1 ~-`(IAKELAND HILLS S. PUD - SINGLE FAMILY RESIDENTIAI D 0 100 200 SCALF- !m~i ~ 0 Z ~LL1 ~ LLOtV ~ V U~ a & ~ 0 ? w' n~ KEY PLAN I 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.