HomeMy WebLinkAbout3274 RESOLUTION NO. 3 2 7 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE
CITY OF AUBURN, TO EXECUTE AN AGREEMENT AND EASEMENT FOR
WATER PIPELINE BETWEEN THE CITY AND PUGET SOUND ENERGY.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, 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 Agreement and Easement for Water Pipeline between
the City and PUGET SOUND ENERGY regarding a permanent easement and
a temporary construction easement for a water pipeline across Puget Sound
Energy's utility operations in the City of Auburn, Washington which is identified
in Exhibit 'A' of the Agreement. A copy of said Agreement is attached hereto
and denominated Exhibit "1" and incorporated 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.
DATED and SIGNED this ~ ~
day of November, 2000.
Resolution No. 3274
October 12, 2000
Page 1
CITY OF AUBURN
Charles A. Booth
Mayor
ATTEST:
as~kam~
City Clerk
APPROVED AS TO FORM:
Mir~~ad~~yn~
City Attorney
Resolution No. 3247
August 1, 2000
Page 2
When Recorded Return To: CONFO!~D COPY .,. ..... ,.~, -,/' b'2~ .
Puget Sound Energy
P.O. Box 970~ .... ::"'
Bellevue, WA 98009-9734
A~n: W. Bmssler KZNG ~TY, ~l.
E~UGET
N~'~Y
AGREEMENT AND EASEMENT FOR WATER PIPELINE
REFERENCE #:
GRANTOR: Puget Sound Energy, Inc.
GRANTEE: City of Aubum
LEGAL DESCRIPTION: NW 36-22-4
ASSESSOR'S PROPERTY TAX PARCEL: 000220-0004-00-000
THIS AGREEMENT made this/~T'Z, day of A/eff_,~8,eq., 20F_d, between PUGET
SOUND ENERGY, INC., a Washington corporation ("PSE" heroin), and CITY OF AUBURN, a
municipal corporation of the State of Washington ("Grantee" herain);
WHEREAS, PSE is the owner of a stdp of land one hundred feet (100) feet in width running
through the Northwest Quatier of Section 36, Township 22 North, Range 4 East, W.M., King .
County, Washington; and
WHEREAS, such stdp of land is presently owned and occupied by PSE in connection
with PSE's utility operations, (said strip being hereafter referred to as "PSE's Property"); and
WHEREAS, Grantee desires a permanent easement and a' temporary construction
easement for a water pipeline across PSE's Property at a location more specifically described
herein below;
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration in hand paid receipt of which is hereby acknowledged, and in
consideration of the performance by Grantee of the covenants, terms and conditions herainafter
set forth, PSE hereby conveys and quitclaims to Grantee the following:
A. A nonexclusive perpetual easement over, across, along, in, upon and under that portion of
PSE's Property described in Exhibit "A" attached hereto and by this reference made a pad
hereof for the purposes of installing, constructing, operating, maintaining, removing, repairing,
replacing and using a twelve (12) inch diameter ductile iron water pipeline and appurtenances.
thereto (herein the "Improvements"), together with the nonexclusive right of ingress to and
egress from said portion of PSE's Property for the foregoing purposes.
B. A temporary construction easement upon, over and under that portion of PSE's Property as
described in Exhibit "A" for purposes associated with the construction of the Improvements.
The temporary construction easement shall terminate midnight December 31 ;; 2000.
The terms "Easement" and "Easement Area" in this instrument refer to the permanent
easement and temporary construction easement heroin granted on that portion of PSE's '
Property as described on the attached Exhibit "A".
Resolution 3274 EXCK]~ TAX NOT,1R~QU~RED
Exhibit "1" , Co. r DM.~io:puty.
October 12, 2000 :~~
Page 1 By , ·
This Easement is granted subject to and conditioned upon the following terms,
conditions and covenants which Grantee hereby promises to faithfully and fully observe and
perform.
1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay
all costs and expenses of construction and maintenance of the Improvements.
2. Compliance with Laws and Rules. The Grantee shall construct, maintain and
use the Improvements in accordance with the requirements of PSE, the National Electric Safety
Code and any statute, order, rule or regulation of any public authority having jurisdiction.
3. Use of PSE's Property by PSE. Grantee's dghts herein shall at all times be
subordinate to such rights of PSE as are necessary to preserve and maintain the capabilities of
PSE's Property to be used for 'utility purposes, and nothing herein contained shall prevent or
preclude PSE from undertaking construction, installation and use of any utility facilities within
PSE's Preperty. PSE shall not be liable to Grantee or to Grantee's employees, agents, or to
any other party benefiting from said Improvements, for loss or injury resulting from any damage
or destruction of the Improvements directly or indirectly caused by PSE's existing or future use
of PSE's Preperty.
4. Required Prior Notice and Approval of Plans and Specifications. Prior to any
installation, alteration, replacement or removal of the Improvements or any other major activity
by Grantee on PSE's Property, Grantee shall give PSE wdtten notice thereof together with
preliminary plans and specifications for the same as least thirty (30) days prior to the scheduled
commencement of such activity. PSE shall have the right to require that plans and
specifications be modified, revised or otherwise changed to the extent that the final plans and
specifications thereof do not include provisions for the protection of PSE's facilities, the
prevention of hazardous conditions and minimum interruption to PSE's utility operations. No
such activity shall be commenced without PSE's prior written approval of the plans and
specifications therefor and all changes or amendments thereto, which approval shall not be
unreasonably withheld. Notwithstanding the foregoing, in the event of any emergency requiring
immediate action by Grantee for protection of the Improvements, persons or property, Grantee
may take such action upon such notice to PSE as is reasonable under the circumstances.
Nothing herein shall be deemed to impose any duty or obligation on PSE to determine
the adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain whether
Grantee's construction is in conformance with the plans and specifications approved by PSE.
5. As-Built Survey. Upon PSE's request, Grantee shall promptly provide PSE with
as-built drawings and survey showing the location and elevations of the Improvements on
PSE's Property.
6. Grantae's Use and Activities. Grantee shall exercise its dghts under this
Agreement so as to minimize and avoid, insofar as possible, interference with the use by PSE
of PSE's Property for utility purposes and shall at all times conduct its activities on the
Easement Area so as not to interfere with, obstruct or endanger PSE's operetions or facilities.
Grantee shall install the Improvements and conduct any other of its substantial activities on
PSE's Property as may be communicated to Grantee by PSE for the purpose of protecting.
PSE's facilities, preventing hazardous conditions and minimizing interruptions to PSE's utility
operations.
7. Coordination of Activities. Grantee shall give at least forty eight (48) hours
advance wdtten notice of the proposed dates of its construction, repair and maintenance
activities on PSE's Property to PSE's Gary Mueller at the Mercer Office Building located at 815
Mercer St., Seattle, Washington, phone number 206-521-5218. Grantee shall cooperate in the
revision of such dates and/or the coordination of its activities with those of PSE's if deemed
necessary by PSE to minimize conflicts, insure protection to each parties facilities, prevent
hazardous conditions, or minimize interruption of PSE's operetions. Provided, however, that in
the event of an emergency requiring immediate action by Grantee for the protection of its
Improvements or other persons or property, Grantee may take such action upon such notice to
PSE as is reasonable under the circumstances.
8. Work Standards. All work to be performed by Grantee on PSE's Property shall
be designed and constructed so as to withstand the consequences of any shod circuit of any of
PSE's electric facilities now or hereafter installed on PSE's Property. All work to be performed
Resolution 3274
Exhibit "1"
Page 2
by Grantee on PSE's Property shall also be in accordance with the plans and specifications
submitted to and approved by PSE and shall be completed in a careful and workmanlike
manner to PSE's satisfaction, free of claims or liens; however, nothing herein shall be deemed
to impose a duty or obligation on PSE with respect to the sufficiency thereof. Without limitation
to the foregoing, Grantee shall exercise the utmost caution when conducting its activities in the
vicinity of any of PSE's energized utility lines in order to prevent any contact therewith. Upon
completion of such work Grantee shall remove all debds and restore the ground surface as
neady as possible to the condition in which it was at the commencement of such work, and
.shall replace any property comer monuments which were disturbed or destroyed dudng
construction. Grantee shall also pay to PSE all of PSE's costs necessary to re-establish
destroyed survey references and hubs established by PSE in conjunction with any survey for
new facilities on PSE's Property.
9. Changes and Repairs to PSE's Facilities. Grantee shall promptly pay to PSE
the cost of any relocation, alteration, restoration and other changes or repairs to PSE's facilities
which PSE shall reasonably deem necessary by reason of the construction, use and
maintenance of the Improvements or other activities of Grantee on PSE's Property. Without
limitation to the foregoing, Grantee shall promptly pay to PSE the cost of temporary raising of
wires and the realignment or strengthening of power poles or towers made necessary by
Grantee's activities pursuant to this Agreement. If PSE so requests, Grantee shall provide
assurance of payment satisfactory to PSE pdor to PSE's commencement of such work. PSE
shall accomplish such changes or repairs, subject to the availability of labor and materials. For
the purpose of this paragraph, "cost" shall be defined as all direct or assignable costs of
materials, labor and services including overhead, in accordance with charges for transportation
of men, material, and equipment, storage expense of material and rental of equipment.
10. Access. The Grantee shall design, construct, maintain and use its
Improvements in such fashion as to permit reasonable and continuous access along PSE's
Property in all directions, and in such fashion as to accommodate and support vehicular travel
over and across the Improvements, including travel by cranes and trucks with heavy loads.
Grantee shall at all times keep PSE's Property free and clear of all obstructions and equipment.
If requested by PSE, the Grantee shall make provisions for continued access by PSE along
PSE's Property dudng construction of the Improvements.
11. Inspectors. PSE shall appoint one or several PSE representatives who shall
serve as inspectors to oversee all work to be performed by Grantee on PSE's Property.
Grantee shall not carry on any work unless it has given such notice to PSE as may be
reasonable in the circumstances so as to allow for the presence of such inspector or inspectors.
Grantee and Grantee's contractors shall promptly and fully comply with all orders and directions
of PSE's inspectors, including without limitation, cessation of work, and Grantee's construction
contracts siiall so provide. Grantee shall promptly pay PSE's charge for such inspectors.
12. Conflict with Future Installations of PSE. In the event that it should become
necessary for PSE to install additional utility systems for purposes of transmission, distribution
and sale of gas, electricity, communications and other network commodities or services or
otherwise use PSE's Property and if, in the sole judgment of PSE, the location, existence and
use of the Improvements interferes with such installation or use to the extent that it is
impracticable or substantially more expensive to accomplish such installation or use, or that
such installation or use may pose a hazard because of the location, existence or use of the
Improvements, Grantee shall have the obligation to either, in Grantee's sole discretion, (a)
protect, modify or relocate the Improvements at the cost and expense of Grantee, so as to
remove the interference or hazard to PSE's satisfaction, or (b) to reimburse' PSE for its added
costs of design, construction and installation to avoid such interference or hazard. In the event
PSE intends to undertake any such construction, PSE shall give Grantee reasonable advance
written notice of such intention together with preliminary plans and specifications for such work,
identifying the potential interference or hazard and all design information relating thereto. In no
event shall such notice and plans be required to be given more than six months prior to the
scheduled commencement of work.
Within one month after receiving such notice from PSE, Grantee shall give written notice
to PSE by which notice Grantee will elect to (a) protect, modify or relocate the Improvements,
or (b) reimburse PSE for its said added costs. If the Grantee elects to protect, modify or
relocate the Improvements it shall commence work promptly and diligently prosecute such work
to completion prior to the scheduled date of commencement of PSE's construction. If Grantee
elects to pay PSE's added costs, Grantee shall give PSE satisfactory assurance of 'payment of
Resolution 3274
Exhibit "1"
Page 3
such costs at the time such notice of election is given. If Grantee does not so elect one of the
above-described options by giving PSE the required notice, PSE shall be entitled to make such
an election on behalf of Grantee, Grantee agrees that this election shall be binding upon
Grantee and have the same effect as if made by Grantee. If PSE so elects option (a) described
herein or if Grantee elects option (a) and fails to commence and prosecute its work as
contemplated herein, PSE may, at its option, undertake such work on behalf of Grantee as PSE
deems necessary pursuant to option (a) and Grantee shall promptly pay PSE for all costs
incurred by PSE in performing such work. PSE's costs reimbursable under, this paragraph are ·
defined as in Paragraph 9 herein.
13. Termination for Breach. In the event Grantee breaches or fails to perform or
observe any of the terms and conditions herein, and fails to cure such breach or default within
ninety (90) days of PSE's giving Grantee wdtten notice thereof, or within such other pedod of
time as may be reasonable in the circumstances, PSE may terminate Grantee's dghts under
this Agreement in addition to and not in limitation of any other remedy of PSE at law or in
equity, and the failure of PSE to exercise such dght at any time shall not waive PSE's right to
terminate for any future breach or default.
14. Termination for Cessation of Use. In the event Grantee ceases to use the
Improvements for a pedod of five (5) successive years, this Agreement and all Grantee's dghts
hereunder shall automatically terminate and revert to PSE.
15. Release of Improvements on Termination. No termination of this Agreement
shall release Grantee from any liability or obligation with respect to any matter occurring pdor to
such termination, nor shall such termination release Grantee from its obligation and liability to
remove the Improvements from PSE's Property and restore the ground.
16. Removal of Improvements on Termination. Upon any termination of this
Agreement, Grantee shall promptly remove from the Easement Area its Improvements and
restore the ground to the condition now existing or, in the alternative, take such other mutually
agreeable measures to minimize the impact of the Improvements on PSE's Property. Such
work, removal and restoration shall be done at the sole cost and expense of Grantee and in a
manner satisfactory to PSE. In case of failure of Grantee to so remove its Improvements,
restore the ground or take such other mutually agreed upon measures, PSE, may, after
reasonable notice to Grantee, remove Grantee's Improvements, restore the ground or take
such measures at the expense of Grantee, and PSE shall not be liable therefor.
17. Third Party Rights. PSE reserves all dghts with respect to its property
including, without limitation, the right to grant easements, licenses and permits to others subject
to the dghts granted in this Agreement.
18. Release and Indemnity. Grantee does hereby release, indemnify and promise
to defend and save harmless PSE from and against any and all liability, loss, cost, damage,
expense, actions and claims, including costs and reasonable attomey's fees incurred .by PSE in
defense thereof, asserted or adsing directly or indirectly on account of or out of (1) acts or
omissions of Grantee and Grantee's servants, agents, employees, and contractors in the
exercise of the dghts granted herein, or (2) acts and omissions of PSE in its use of PSE's
Property which affect Grantee's employees, agents, contractors, and other parties benefiting
from said Improvements; provided, however, this paragraph does not purport to indemnify PSE
against liability for damages arising out of bodily injury to persons or damage to property
caused by or resulting from the sole negligence of PSE or PSE's agents or employees.
19. Insurance. Prior to Grantee's construction activities or other substantial
activities on PSE's Property under the dghts provided herein, Grantee shall submit to PSE
evidence that Grantee or Grantee's contractors has obtained comprehensive 'general liability
coverage naming PSE as an additional insured (including broad form contractual liability
coverage) satisfactory to PSE withlimits no less than the following. Such insurance may be
substituted with self-insurance acceptable to PSE.
Bodily Injury Liability, including $2,000,000
automobile bodily injury each occurrence
Property Damage Liability, including $2,000,000
automobile property damage liability each occurrence
Resolution 3274
Exhibit "1"
Page 4
Evidence of insurance or self-insurance shall be submitted on a Certificate of Insurance or such
other form as PSE may approve.
Said coverage shall be maintained by Grantee or Grantee's contractors dudng the
pedod when such activities take place,
20. Taxes and Assessments. Grantee shall promptly pay or reimburse PSE for
any taxes and/or assessments levied as a result of this Agreement or relating to the Grentee's
improvements constructed pursuant to this Agreement.
21. Title. The dghts granted herein are subject to permits, leases, licenses and
easements, if any, heretofore granted by PSE affecting PSE's Property subject to this
Agreement. PSE does not warrant title to PSE's Property and shall not be liable for defects
thereto or failure thereof.
22. Notices. Unless otherwise provided herein, notices required to be in wdting
under this Agreement shall be given as follows:
If to Puget: Puget Sound Energy, Inc.
Corporate Facilities OBC-11N
P.O. Box 97034
Bellevue, WA 98009-9734
If to Grantee: City of Auburn
City Engineering Department
25 West Main Street
Aubum, WA 98001-4998
Notices shall be deemed effective, if mailed, upon the second day following deposit
thereof in the United States Mail, postage prepaid, certified or registered mail, retum receipt
requested, or upon delivery thereof if otherwise given. Either party may change the address to
which notices may be given by giving notice as above provided.
23. Assignment. Grantee shall not assign its rights hereunder. No assignment of
the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or
liabilities of Grantee herein, whether by operation of law or otherwise, shall be valid without the
prior written consent of PSE.
24. Successors. The dghts and obligations of the parties shall inure to the benefit
of and be binding upon their respective successors and assigns.
25. Liability. In the event of any assignment of the rights hereunder, the liability of
Grantee and its assignees shall be joint and several.
EXECUTED aS of the date hereinabove set forth.
ACCEPTED:
GRANTEE
CITY OF AUBURN PUGET SOUND ENERGY, INC.
Charles A. Booth
les
Its:. Maynr
Michael J. Reynolds, City Attorney
Resolution 3274
Exhibit "1"
Page 5
AGREEMENT AND EASEMENT FOR WATER PIPELINE
PUGET SOUND ENERGY, INC. TO CITY OF AUBURN
STATE OF WASHINGTON )
>ss.
COUNTY OF KING )
On this/'07'~ day of A/NFr, NB~n., 200._~g before me, the undersigned, personally
appeared R. S. MCNULTY, to me known to be the Director Corporete Facilities of PUGET
SOUND ENERGY, INC., the corporation that executed the foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he is authorized to execute
the said instrument.
WITNESS my hand and official seal hereto affixed the~~above written.
Resolution 3274
Exhibit "1"
Page 6
AGREEMENT AND EASEMENT FOR WATER PIPELINE
PUGET SOUND ENERGY, INC. TO CITY OF AUBURN
EXHIBIT "A"
15 foot Permanent Easement
An easement 15.00 feet in width over, under and across the Puget Sound Electdc Railway fee
owned right-of-way in Section 36, Township 22 North, Range 4 East, W.M., as conveyed by
Deed recorded under Recording No. 212159, Records of King County, Washington, having
7.50 feet of such width lying on each side of the following described centerline:
COMMENCING at the Northeast corner of Revised Lot 1, City of Auburn, Lot Line Adjustment
No. LLA-0014-95, recorded under recording No. 9607110147, Records of King County,
Washington; THENCE South 01° 14' 17" West, 132.32 feet along the East line of said lot, said
East line also being the West line of said right-of-way to the TRUE POINT OF BEGINNING of
the herein described centerline; THENCE South 89° 11' 27" East, 100.00 feet to the East Line
of said right-of-way and the terminus the herein described centeriine.
Said side lines of said easement should be shortened or lengthened as necessary as to
intersect the East and West lines of said right-of-way.
25 foot Temporary Construction Easement
A temporary construction easement 25.00 feet in width over, under and across the Puget
Sound Electdc Railway fee owned right-of-way in Section 36, Township 22 North, Range 4
East, W.M., as conveyed by Deed recorded under Recording No. 212159, Records of King
County, Washington, having 12.50 feet of such width lying on each side of the following
described centerline:
COMMENCING at the Northeast comer of Revised Lot1, City of Auburn, Lot Line Adjustment
No. LLA-0014-95, recorded under recording No. 9607110147, Records of King County,
Washington; THENCE South 01° 14' 17" West, 132.32 feet along the East line of said lot, said
East line also being the West line of said right-of-way to the TRUE POINT OF BEGINNING of
the herein described centerline; THENCE South 89° 11' 27" East, 100.00 feet to the East Line
of said right-of-way and the terminus the herein described centerline.
Said side lines of said easement should be shortened or lengthened as necessary as to
intersect the East and West lines of said right-of-way..
This temporary construction easement shall terminate at midnight December 31, 2000.
Resolution 3274
Exhibit "A"
Page 1