HomeMy WebLinkAbout4153RESOLUTION 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 ~~r~~~~ , 2007.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
G;~~~
Dan' Ile E. Daskam,
City Clerk
APPROVED AS TO FORM:
[7aniel B. Hem;
City Attorney
Resolution No. 4153
January 24, 2007
Page 2 of 2
FEB 2 ~ ~~o~
~.
. .
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: R/W Department (J. Maij
PO Box 90868 /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 sate 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 a{so 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 , 2007.
GRANTOR:
City of Auburn,
a Washington mu al corporation
~-- ~,
BY:
GRANTEE:
Puget Sound Energy, inc., a Washington
corporation
BY:
ITS: ~ ~i.~,C ~''
Attest:.
BY: ~i~J
STATE OF WASHINGTON )
j SS
COUNTY OF KING
ITS: Real Estate Representative
On this 1'Z~'` day of ~ ~h~.vc~.rw,,. , 2007, before me, the undersigned,
a otary Publi rn a dr for the State Washingtop, du ommissioned and sworn, personally appeared
~ -~f-i.a and ~ '~ me known to be the persons who
signed as '~-~'VY1c~~ and ~ ~ , of City of Auburn,
the municipal corporation at executed the within and foregoing strument, 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 behaff of said muniapai corporation.
IN WI71V~~WJ~~EOF I have hereunto set my hand and offiaal seal the day and year first above written.
_~~ ~o E~1~~~ ao
> 'as ,
`,~,~'`, ~~~~tvw ' , C~~°°°. ,i ~ ~ '
~" : ~~. ~-fem.... eQ ~ ~f -~.
~ .~? ~~ ~-~~~~,;y '.~ `•, ~ ' (Signature of Not )
..., ~ to
A -r
'~' CA A. RICHARDSON
e~~~''. "` ` , ~~`', - (Print or stamp name of Notary)
°°° ~, ~ NOT UB IC in and fort a State of Washington, residing
aad~~a~~~~^ T _ My AppointmentExpires~ ~ '
c . a*, ~
STATE OF WASHINGTON )
} SS
COUNTY OF KING
On this ~~n ~ da of 4-~ ~"~/'~<C~i~'
y , 2007, before me, the undersigned,
a tart' P blic i nd, for the State of Washi ton, duly commissioned and sworn, personally appeared
~ ~~ '~ , to
kno n be the p ons who signed as ~' {~ ~ [/C ,,.~._ ~,~
' that executed
the within and foregoing instrumen ,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 behaff of said municipal corporation.
+N W~i'~~'il~~('r~~i vE;~cc°~-i 'riz,ve hereunto my Ilona and otficiat i the day and year first above written.
`,`,Y~„M i~~ ct~f f~i
. Q~~'~'~ t f;`~~-'t%; ~~~ ( ature of otary) , -
:cs ~~ i ~ ~
~ q- ,. ,
~, , ,n, ~ . c, (Print or stamp name of N
~~,, ~d~; :1`~~`_~1p~,,~ r,~,~~ NO, R PU EIC in and for the State of Washington, residing
~1~ ®F~~~ My Appointment Expires: ~/ ~
k~ibea~~
Mt. View Cemetery
WOE 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 O1°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 anon-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 O1°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 ~:~ R. BU
themselves and terminate in said north margin ~~:: •~ wA~ti
of Mountain View Drive. ~~-~~° ~.,
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PSE 7-Foot Easement Desc.doc 01/18/2007
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`NORTHWEST CORNER
TRACT 60, WEST AUBURN
FIVE ACRE TRACTS
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TPOB PSE
EASEMENT
S 89'57'04" E ~ ~ p= ~ 20~
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N L=121.68'
R=108.87
~ D=64'02'0
S 88'46'23' E(R)-
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Columbarium, S
/ ~?\ ~ Building ~~PG~
~/ / ~~ ~~~~ PG~~
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R=519.52' ` ~,`
D=12'34'22" A\ ~~~v~
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I INF TART F
rol I
PROPOSED 7' -~ ~
PSE EASEMENT1 II
~PG~ ~ ~I I
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X11
UNE BEARING DISTANCE
Lt S 54'48'55 W 22.31
L2 S 35'49'10 E 48.63'
L3 S 67'1310 W 23.34
L4 S 14'2415 E 39.49'
L5 S 16' 12 11 E 30.75
L6 S 04'1404 W 41.69'
L7 S 65'45 01 E 8.92
L8 S 00'22 22 W 108.53'
L9 S 01'10'01 E 70.36
L10 S 00'5216 W 41.95
L11 S 04'40'31" W 87.81'
L12 N 89'28'47" W 17.58'
L13 S 03'07'03" E 20.0'
I L12 '
M I,...,I
Mt, VIEW DRIVE ._
- ----- -
EXHIBIT MAP TO ACCOMPANY PSE EASEMENT
City of Auburn Public Works - plot dote 01 /18/2007