HomeMy WebLinkAbout20010316000326 BRIDGE EASEMENT 031601After Recording Return to:
Puget Sound Energy
Corporate Facilities Dept.
P.O. Box 97034
Bellevue, WA 98009-9734
III 11111111111111111 il 11111111111
2001031 000 26
PACIFIC NW TIT EAS 21.0
PAGE 001 OF 014
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Document Title(s) (or transactions contained therein):
1. Bridge Easement and Agreement
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3.
Reference Number(s) of Documents assigned or released:
(or page _ of document(s))
Grantor(s) (Last name first, then first name and initials):
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1. Puget Sound Energy, Inc.
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3. a Additional names on page - of document.
Grantee(s) (Last name first, then first name and initials):
1. City of Auburn
2.
3. Additional names on page - of document.
Legal Description (abbreviated: i.e., lot, block, plat or section, township, range)
36-22-4
EX Additional legal on page 8 of document.
Assessor's Property Tax Parcel/Account Number
000220-0004-00, 000680-0010-05
Bridge Easement and Agreement
[07772-052911
EXLD: l, o0% E f XX N0T
Page I of 14
1/17101
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BRIDGE EASEMENT AND AGREEMENT
This Bridge Easement and Agreement ("Agreement"), dated as of this 4_- day of _M ►A 9C4 ,
2041, is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation ("PSE"), and
the City of Auburn, a Washington municipal corporation ("City").
RECITALS
A. PSE has an interest in certain real property more particularly described on Exhibit A attached
hereto and incorporated herein by this reference ("Property"). PSE owns and operates certain electric transmission
facilities known as the White River - O'Brien #2 115kV transmission line, the O'Brien - Christopher #2 115kV
transmission line and the O'Brien 230kV Tap. These facilities, as well as 12.5kV electric distribution facilities,
occupy and use a portion of the Property. Additionally, PSE uses of the Property include various existing and
anticipated future network transmission and distribution systems (including, without limitation, systems, facilities,
appurtenances and uses for the transmission, distribution and sale of gas, electricity, communications and other
network commodities and services). PSE's existing and anticipated future uses are referred to collectively herein as
the "Systems".
B. The City desires to construct certain improvements to South 2776' Street between the West Valley
Highway and the East Valley Highway, consisting of an elevated road and bridge structure for vehicle and
pedestrian use, as depicted on Exhibit B attached hereto and incorporated herein by this reference, over and across a
portion of the Property for South 277' Street, and the list of plans and specifications more particularly described on
Exhibit C attached hereto and incorporated herein by this reference (such improvements are collectively referred to
as the "Bridge Improvements"). The City desires to construct, use and maintain the Bridge Improvements over and
across that portion of the Property more particularly described as the "Bridge Easement Area" on Exhibit D attached
hereto and incorporated herein by this reference.
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C. In conjunction with the construction of the Bridge Improvements, the City desires to construct one
o (1) twelve inch (12") diameter ductile iron water pipeline in accordance with the list of plans and specifications
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C=:) more particularly described on Exhibit C, and as depicted on Exhibit B. Upon completion of the Bridge
Lca Improvements, PSE and the City anticipate that the City of Kent will assume ownership of the water pipeline, and
will operate the water pipeline subject to the terms and conditions of an easement agreement to be executed between
cr") the City of Kent and PSE. Unless and until PSE and the City of Kent execute such agreement, the use, operation
(M and maintenance of the water pipeline shall be subject to all applicable terms and conditions of this Agreement.
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c D. PSE is willing to convey and quitclaim easements to the City as to the Bridge Easement Area and
° that portion of the Property adjacent to and under the Bridge Easement Area, subject to the following terms and
conditions.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein and other good
and valuable consideration the receipt and sufficiency of which are hereby acknowledged, PSE and the City agree as
follows:
1. Grant of Easements.
1.1 PSE hereby conveys and quitclaims to the City a perpetual, nonexclusive aerial easement
upon, over, along, and across the Bridge Easement Area set forth on Exhibit D for such purposes, and subject to
such terms and conditions, as are hereinafter set forth.
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[07772-052M 1/17101
1.2 PSE hereby conveys and quitclaims to the City a perpetual, nonexclusive easement upon,
over, along and across that portion of the surface of the Property which is under and adjacent to the Bridge
Easement Area and described on Exhibit E attached hereto and incorporated herein by this reference ("Construction,
Maintenance and Access Easement Area") for the limited purposes of access, construction, maintenance and
inspection of the Bridge Improvements, subject to such terms and conditions as are hereinafter set forth.
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1.3 PSE hereby conveys and quitclaims to the City a temporary, nonexclusive easement
upon, over, along and across that portion of the surface of the Property as described on Exhibit F attached hereto
and incorporated herein by this reference ("Temporary Construction Easement Area") for the limited purpose, and
subject to such terms and conditions, as are hereinafter set forth. This temporary easement shall terminate upon
final completion of the Bridge Improvements, restoration of the Interurban Trail and surface area of the Property in
accordance with this Agreement, but not later than thirty (30) months after the date of this Agreement.
1.4 PSE hereby conveys to the City the right to construct one (1) twelve inch (12") diameter
water pipeline, over, along and across the north half of the Bridge Easement Area subject to such terms and
conditions as are hereinafter set forth. This right shall terminate upon final completion of the Bridge Improvements,
but not later than thirty (30) months after the date of this Agreement.
1.5 The City acknowledges that the rights granted herein are subject to any and all
restrictions, reservations, limitations or other matters of record. The City shall have the sole responsibility for
determining the applicability of such restrictions, reservations, limitations or other matters. PSE does not warrant
title to or the condition (including, without limitation, environmental condition) of the Property or the Bridge
Easement Area or their suitability for any use intended by the City and shall not be liable for any defect therein or
failure thereof, and the City accepts and shall be deemed to accept the same "AS IS," "WHERE IS," and "WITH
ALL FAULTS AND DEFECTS." Without limiting the generality of the foregoing, the City accepts all risks
associated with acquiring the rights described herein.
2. Purpose of Easements.
The City shall have the right, at its sole risk, cost and expense:
2.1 to use the Bridge Easement Area to construct, use, maintain, repair and remove the
Bridge Improvements and use the Bridge Improvements for public right of way purposes;
2.2 to use the Construction, Maintenance and Access Easement Area for access to and
construction of the Bridge Improvements, and to conduct, from time to time, as necessary in accordance with
applicable drawings noted on Exhibit C, or to the extent prescribed by applicable law, inspection and maintenance
of the Bridge Improvements which is anticipated to consist of (i) visual inspections made from the ground or from a
medium-duty lift buck on a semi-annual basis, (ii) girder painting which is anticipated to occur every twenty-five
years, and (iii) use of measures located within or immediately adjacent to the Bridge Easement Area which are
necessary or required by applicable law for containment of paint spray; and
2.3 to use the Temporary Construction Easement Area for construction of the Bridge
Improvements, and reconstruction of the Interurban Trail and surface area of the Property in accordance with
applicable drawings noted on Exhibit C.
3. Manner of Exercising the Permitted Uses.
3.1 The City shall, at all times, exercise its rights hereunder so as to prevent death, injury or
bodily harm to persons (whomsoever) and to prevent damage, injury, harm or loss to or of property (whatsoever).
Without limiting the generality of the foregoing, the City shall be strictly liable to PSE for any and all damage,
Bridge Easement and Agreement Page 3 of 14
[07772-05291] 1 / 17/01
injury, harm or loss to Systems (including, but not limited to, any and all damage, injury, harm or loss of
commodities and services provided by such Systems) caused by the City's exercise of its rights hereunder.
3.2 The City shall at all times ensure that all activities undertaken in accordance with this
Agreement are in compliance with all applicable laws. The City shall obtain all necessary permits, approvals or
licenses required by any governmental agency with jurisdiction to undertake any activity in or on the Temporary
Construction Easement Area, the Construction, Maintenance and Access Easement Area, the Property or the Bridge
Easement Area
3.3 The City shall maintain and repair the Bridge Improvements in accordance with the plans
and specifications listed on Exhibit C as the same may be changed in accordance with this Agreement, so as to keep
the same safe and functional. The City agrees to maintain the Bridge Improvements and Bridge Easement Area in a
manner suitable for PSE's present and future uses of the Property.
3.4 The Bridge Improvements shall be constructed and maintained in strict accordance with
plans and specifications listed on Exhibit C, attached hereto, and any material changes thereto which (without
limiting the generality of the foregoing) affect the Systems, impact established clearances or involve the disturbance
of the surface of the Property shall require approval by PSE, which approval shall not be unreasonably withheld
(provided that PSE's determination, in its sole discretion, that any changes to such plans and specifications interfere
with PSE's use of the Property for the Systems or involve disturbance of the surface of the Property not shown upon
Exhibit C shall not be deemed unreasonable, as such determinations are reserved to PSE). The City shall complete
such activities in a timely, careful and workmanlike manner. The City shall ensure that all labor, services, materials,
equipment, supplies or other items employed or provided in connection with the Bridge Improvements are of good
quality and suitable for their intended purposes. Upon completion of the construction of the Bridge Improvements,
the City shall promptly provide to PSE as-built drawings and a survey showing the location and elevations of such
improvements. The City shall promptly pay (and secure the discharge of any liens asserted by) all persons or
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r,,; entities furnishing any labor, services, materials, equipment, supplies or other items to or upon the Bridge
to Improvements. No approval by PSE of any such plans or specifications, nor any failure by PSE to approve any
cm such plans orspecifications, nor any failure by PSE to discover any fact or matter in connection with the review of
ca any such plans or specifications, shall relieve or release the City of or from any of its obligations arising under this
Agreement or applicable law; nor shall any such approval, failure to approve, or failure to discover any fact or
matter give rise to any liability on the part of PSE to the City or to any one or more third parties.
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3.5 The City shall exercise, and shall require that all persons or entities acting on behalf of
the City exercise, the highest degree of care and precaution to prevent any contact with Systems.
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r., 3.6 Upon completion of activities which may disturb the surface or subsurface of the
Property, the City shall restore the Property to a condition as good or better than its original condition before the
City began its activities which caused the disturbance. Any and all excavation work shall be completed with the
highest degree of care and caution to preserve the stability of soils in, on, under and around Systems and in a
manner which will protect the stability of the soils on the Property.
3.7 The City shall not, in connection with any maintenance or repair, disturb the surface of
the Property or cause the Bridge Improvements to materially differ from the depiction shown on Exhibit B or the
plans and specifications therefor set forth in Exhibit C, unless the City shall have obtained PSE's prior written
consent to such maintenance or repair causing material alteration, modification or change. PSE shall have the right,
but not the obligation, to review any plans or specifications prepared in connection with any maintenance or repair
for which PSE's approval is required hereunder. No approval by PSE of Exhibit C or any plans or specifications for
maintenance or repair involving material alteration or disturbance of the surface of the Property, nor any failure by
PSE to approve any such plans or specifications, nor any failure by PSE to discover any fact or matter in connection
with the review of any such plans or specifications, shall relieve or release the City of or from any of its obligations
Bridge Easement and Agreement Page 4 of 14
[07772-0529/ 1117/01
arising under this Agreement or applicable law; nor shall any such approval, failure to approve, or failure to
discover any fact or matter give rise to any liability on the part of PSE to the City or to any one or more third
parties. Upon completion of any such approved alteration, modification, or change to the Bridge Improvements, the
City shall promptly provide to PSE as-built drawings and a survey showing the location and elevations of such
improvements, as altered, modified or changed.
3.8 In the event applicable law requires inspection or maintenance which materially differs
from the current requirements set forth herein, the City shall notify PSE in writing before commencing such
inspection or maintenance and comply with PSE's reasonable conditions upon the exercise of the City's rights to use
the Construction, Maintenance and Access Easement Area for such construction, inspection and maintenance.
3.9 The City shall access the Temporary Construction Easement Area and Construction,
Maintenance and Access Easement Area from the east side of the Property approximately fifteen (15) feet south of
the centerline of South 277'h Street "access road". Subject to PSE's prior written consent, which shall not be
unreasonably withheld, the City may access the Temporary Construction Easement Area and Construction,
Maintenance and Access Easement Area from the Property at areas other than the "access road"; provided, however,
any access taken pursuant to this subparagraph 3.9 shall: (i) minimize surface disturbance of the Property; (ii) not
involve excavation or otherwise disturb the subsurface of the Property; and (iii) be in accordance with access plans
to be provided (and kept up to date) in accordance with subparagraph 3.7 above.
4. Reserved Rights.
4.1 PSE reserves the right to use the Property and the Bridge Easement Area in any manner
that is consistent with the rights herein granted.
C.n 4.2 In addition to, and without limitation of, any and all other rights and remedies available
cv to PSE, in the event the City fails to perform any of its obligations arising under this Agreement, PSE may, without
c any obligation to do so whatsoever, perform the same at the City's sole risk and expense; provided, however, before
o commencing any such action on the City's behalf, PSE shall give the City notice of such failure and allow the City
C=) fifteen (15) days after such notice in which to perform such obligation. In the event the City's failure cannot, in the
exercise of reasonable diligence, be remedied within fifteen (15) days, PSE shall not commence any action on the
City's behalf so long as the City commences the performance of its obligation within fifteen (15) days of PSE's
notice and diligently prosecutes such performance thereafter until complete. The City shall reimburse PSE for such
expenses within thirty (30) days of receipt of an invoice from PSE which indicates the nature of work completed by
o PSE.
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5. Indemnification.
5.1 The City releases and shall defend, indemnify and hold harmless PSE, PSE's directors,
officers, employees, and representatives, and the respective successors and assigns of each and all of the foregoing
(collectively, "Indemnitees") from and against any and all allegations, claims, demands, harm, liens, losses, costs,
damages, expenses (including, but not limited to, reasonable attorneys' fees) and liabilities directly or indirectly
arising from or in connection with any and all of the following: (i) this Agreement; (ii) the City's performance of or
failure to perform any one or more of its obligations arising under this Agreement; (iii) the City's exercise, or failure
to exercise, any one or more of its rights arising under this Agreement; or (iv) any negligent act or omission of the
City, its employees or agents.
5.2 The parties intend that, to the fullest extent permitted by applicable law, and consistent
with the provisions of RCW 4.24.115 if and as applicable, the foregoing release, indemnity and hold harmless shall
apply regardless of any act, omission, fault, negligence or strict liability of the Indemnitees. In connection with any
action to enforce this paragraph 5, the City hereby waives any immunity, defense, or protection under any workers'
Bridge Easement and Agreement Page 5 of 14
[07772-0529! 1/17/01
compensation, industrial insurance or similar laws (including, but not limited to, the Washington Industrial
Insurance Act, Title 51 of the Revised Code of Washington). This paragraph 5 was mutually negotiated by the
parties:
Initialed by:
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City
PSE
6. Insurance.
The City is a self-insured municipality through the Washington Cities Insurance Authority. A letter, in
form acceptable to PSE, certifying and committing the City's self-insurance program to the commitments and
obligations set forth in this Agreement shall be provided to PSE upon execution of this Agreement. Thereafter, such
self-insurance shall be maintained in full force and effect by the City at all times during the term of this Agreement.
In the event of a decision by the City to replace such self-insurance program with commercial insurance, the City
shall provide PSE with certificates of public liability insurance with coverage limits of $2,000,000 per occurrence
naming PSE as an additional insured, which shall be maintained in full force and effect by the City at all times
during the term of this Agreement.
7. Successors and Assigns.
This Agreement shall be binding upon and inure to the benefit of the parties' respective successors and
assigns.
8. Notices.
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Any notice, request, designation, direction, statement or other communication under this Agreement shall
be in writing and shall be delivered in person or mailed, properly addressed and stamped with the required postage,
C=3 to the intended recipient as follows:
If to PSE: Puget Sound Energy, Inc.
C" Corporate Facilities Department
Cz P. O. Box 97034
Bellevue, WA 98009-9734
C=3 Attn: Director Corporate Facilities
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If to the City: The City of Auburn
25 West Main
Auburn, WA 980014998
Attn: Public Works Director
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[07772-052911 1/17/01
Either party may change its address specified in this paragraph by giving the other party notice of such change in
accordance with this paragraph.
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PUGET SOUND ENERGY, INC.:
Puget Sound Energy, Inc.,
a Washington corporation
By:
Au-
Its
Date: ~'~7-Q f O I
THE CITY:
The City of Auburn, a
Washington municipal corporation
By: (~/~-~Tt QR~ kJa c
Mayor )
Date:
A ST: P O AS
O
Aubu City Clerk t City Attorney, City of Auburn
Bridge Easement and Agreement
[07772-0529!
Page 7 of 14
1/17/01
Bridge Easement and Agreement
Puget Sound Energy - Grantor
City of Auburn - Grantee
STATE OF WASHINGTON }
) ss.
COUNTY OF KING
On this Zvi day of FOMLAAP-i , 2001 , before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared
?I , -,.,l M c- A( U 1.1 , to me known to be the person who signed as
Naec""DC- CMRiY-itiTc FK-616S of Puget Sound Energy, Inc., the corporation that executed the within and
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 t4 was authorized to execute
said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
written.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above
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Print Name/ I,c%4 `/j46 WCWkQ-~'
Notary Public in and for the State of Washington,
residing at
My commission expires: 6-13--02-
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
V-
CZ On this 6JXA
_ day of 20_~L, before me, the undersigned, a Notary Public in and for the
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State ogto , duly co issioned and sworn, personally appeared d~filt and
to me known to be the persons who signed as Mayor and City Clerk of
the City of Auburn, the municipal corporation that executed the within and foregoing instrument, and acknowledged
said instrument to be 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 the City
of Auburn.
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IN ve hereunto set my hand and official seal the day and year first above
written. i ?O`rN OT t'o'• Cc►ti
i • U ~~Y
• IC Print Name:
0 N r Notary Public in and for the State of Washington,
ttl Q' 9. 0 3 residing atu ~0 .
My commission expires: ~a _ 9 - Q3
Bridge Easement and Agreement Page 8 of 14
[07772-052911 1117/01
Bridge Easement and Agreement
Puget Sound Energy - Grantor
City of Auburn - Grantee
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A STRIP OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON BEING ONE HUNDRED (100) FEET IN WIDTH
AND HAVING FIFTY (50) FEET OF SUCH WIDTH LYING ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING ON THE SOUTH LINE OF THE DONATION LAND CLAIM OF JOHN M. THOMAS AND
NANCY THOMAS, NO. 42, IN SAID SECTION 36, AT A POINT SIXTY SEVEN (67) FEET WEST, AS
MEASURED ALONG SAID SOUTH LINE, FROM THE NORTH AND SOUTH LINE DIVIDING SAID
SECTION 36; THENCE RUNNING NORTH 00° 07' EAST 851 FEET TO A POINT SEVENTY SIX (76) FEET
WEST FROM THE SAID NORTH AND SOUTH LINE DIVIDING SAID SECTION 36 AND THE TERMINUS
OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 1.95 ACRES MORE OR LESS.
TOGETHER WITH
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~ A STRIP OF LAND LOCATED IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF
C113 SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON BEING ONE
HUNDRED (100) FEET IN WIDTH AND HAVING FIFTY (50) FEET OF SUCH WIDTH LYING ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
m
BEGINNING ON THE SOUTH LINE OF WILLIAM A. COX DONATION CLAIM NO. 43, IN SAID SECTION
36, AT A POINT 385 FEET EAST, AS MEASURED ALONG SAID SOUTH LINE, FROM THE SOUTHWEST
C= CORNER OF SAID DONATION CLAIM; THENCE RUNNING NORTH 00° 07' EAST 2,678 FEET, MORE OR
CZ,
CIV LESS, TO THE NORTH LINE OF SAID DONATION CLAIM, AT A POINT 405 FEET EAST, AS MEASURED
ALONG SAID NORTH LINE, FROM THE NORTHWEST CORNER OF SAID DONATION CLAIM AND THE
TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 6.15 ACRES MORE OR LESS.
Bridgc Easement and Agreement Page 9 of 14
[07772-0529/1 1/17/01
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EXHIBIT B
2001 031 6 0 0 0 6 2 5
QRAVANG INDEX M--
SHEET
NO.
REFERENCE
NO,
TITLE
I
C1
COVER SHEET
2
INI
INDEX
3
VW
VICINITY MAP
4-5
VM2 - VM3
SHEET LAYOUT
6
VM4
WETLAND MITiGATON SiTE LOCATION
7
VM5
TYPICAL SECTION LAYOUT
8-16
SOI - S09
SUMMARY OF OUANTITI£S
17-25
TSI - TS9
TYPICAL R ADWAY SECTIONS
26-40
ALI - At 15
ALIGNMENT & RIGHT OF IWAY
41-59
ECT - ECi9
SITE PREPARATION & EROSION CONTROL
60
ECOI
EROSION CONTROL DETAILS
61-73
GPI - GPI}
GRADING PLAN
74-94
SP1 - SP21
STREET PLAN & PROFILE
95-98
IDI - ID4
INTERSECTION DETAILS
99
PVDI
PAVING DETAILS
100
ORD)
DRAINAGE DE TAILS
101-103
OPI - OP3
DETENT:CN WATER CUALITY POND PLANS
104-106
OPDi - OPD3
OETENTiON WATER DUALITY POND OETA!L S
107
DPD4
SERVICE ROAD PROFILES & TYPICAL SECTIONS
108-116
CHI - CH9
CHANNEOZAPON, SIGNING, & ILLUMINATION PLANS
117
CHID
CHANNELIZATION. SIGNING. & ILLUMINATION DETAILS
118-122
SI - S5
TRAFFIC SIGNAL PLAN
123-127
SWI - SWS
SIGNAL WIRING DIAGRAM
128
SS1
TRAFFIC SIGNALIZATION POLE DETAILS
129-146
U1 - U18
UTILITY PLAN AND PROFILE
147-155
156
U19 - U27
U28
CIVIL DETAILS
UTILITY PLAN AND PROFILE - 72 INCH SEWER CROSSING
157
U29
CIVIL DETAILS
158-159
U30 - U31
OEWATERiNG SCHEMATIC PLAN
160-t74
7 - LIi
PLANTING PLAN
171-178
L12 - L19
IRRIGATION PLAN
179
L0t
PLANTING NOTES PLANT SCHEDULE
180
LD2
PLANTING DETAILS
181
L03
IRRIGATION DETAILS
182
WMi
l4ETLAND Mi TIGATiON - SITE PREPARATION
18}
WM2
WETLAND MITIGATION - GRADING PLAN
184
wM3
WETLAND MITIGATION - CROSS SECTION DETAILS
185
Wt
WETLAND AIITICATON SITE - PLANTING PLAN
186
WDI
WETLAND MITIGATION - PLANTNC DETAILS AND NOTES
187
Fui
FLOODP! AiN MITIGATION PLAN
188
FMD1
FLOODPLAW MITIGATION PLAN CROSS SECTIONS
189-191
CDI - CD3
CONSTRUCTION DETOUR PLAN
192-212
RWI - RW21
RETAINING WALL PLAN AND PROFILE
213-220
Rw22 - Rw29
RETAINING WALL & MISCELLANEOUS DETAILS
221-243 UPI - UP23 UNION PACIFIC RAILROAD OVERCROSSING' - '
244-263 8NI - ON20 BURLINGTON NORTHERN SANTA FE RAILROAD OVERCROSSMG
ww~ouw w~womwm 'r ' Off `ula
PUBLIC ■DRYS DEPA
25 WEST "N sn
AUSURR. ■ASRINC
EXHIBIT G
Bridge Easement and Agreement
Puget Sound Energy - Grantor
City of Auburn - Grantee
EXHIBIT D
LEGAL DESCRIPTION OF BRIDGE EASEMENT AREA
AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION
36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF
THE 100 FOOT WIDE PUGET SOUND ENERGY RIGHT OF WAY KNOWN AS THE PUGET SOUND
ELECTRIC RAILWAY RIGHT OF WAY, SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 271T" ST. STATION
35+03.49,36.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT OF WAY AT
S. 277" ST. STATION 36+03.49,36.50 FEET LEFT; THENCE SOUTHERLY ALONG SAID EASTERLY LINE
TO S. 277TH ST. STATION 36+03.02,46.00 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE
c v OF SAID RIGHT OF WAY, AT S. 277"" ST. STATION 35+03.02,46.00 FEET RIGHT; THENCE NORTHERLY
cc ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
0
c:s
CD
%Mo
THE BOTTOM PLANE OF THE VERTICAL SPACE CONTAINED WITHIN SAID EASEMENT SHALL BE
c*~ AT ELEVATION 35.00 FEET, AND THE TOP PLANE SHALL BE AT ELEVATION 85.00 FEET. THESE
r~ ELEVATIONS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929, USING AS A
BENCH MARK THE BRASS SURFACE MONUMENT AT S. 277TH ST. AND D STREET NW, SAID BRASS
C: SURFACE MONUMENT HAVING AN ELEVATION OF 46.20 FEET.
C'V
THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT
CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK
130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER
19990708900014, KING COUNTY RECORDS.
Bridge Easement and Agreement Page 12 of 14
[07772.0529/] 1/17/01
Bridge Easement and Agreement
Puget Sound Energy - Grantor
City of Auburn - Grantee
EXHIBIT E
LEGAL DESCRIPTION OF CONSTRUCTION, MAINTENANCE AND
ACCESS EASEMENT AREA
AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION
36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF
THE 100 FOOT WIDE PUGET SOUND ENERGY RIGHT OF WAY KNOWN AS THE PUGET SOUND
ELECTRIC RAILWAY RIGHT OF WAY, SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
C-0 BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277771 ST. STATION
c`14 35+03.60,56.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT OF WAY AT
c S. 277771 ST. STATION 36+03.60, 56.50 FEET LEFT; THENCE SOUTHERLY ALONG SAID EASTERLY LINE
TO S. 27777; ST. STATION 36+02.94,60.50 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE
OF SAID RIGHT OF WAY, AT S. 27777` ST. STATION 35+02.94, 60.50 FEET RIGHT; THENCE NORTHERLY
ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
cn
G^>
o THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT
CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK
130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER
19990708900014, KING COUNTY RECORDS.
Bridge Easement and Agreement Page 13 of 14
[07772-0529/1 1/17/01
Bridge Easement and Agreement
Puget Sound Energy - Grantor
City of Auburn - Grantee
EXHIBIT F
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION AREA
EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36,
TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF
THE 100 FOOT WIDE PUGET SOUND ENERGY RIGHT OF WAY KNOWN AS THE PUGET SOUND
ELECTRIC RAILWAY RIGHT OF WAY, SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION
35+02.94, 60.50 FEET RIGHT; THENCE EASTERLY TO S. 277TH ST. STATION 35+80.29, 60.50 FEET
RIGHT; THENCE SOUTHERLY TO S. 277TH ST. STATION 35+80.29,142.40 FEET RIGHT; THENCE
WESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH
cr, ST. STATION 35+02.48,
acs 143.69 FEET RIGHT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF
° BEGINNING.
Q
C=3
LCI
C" THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT
'Q CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK
130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER
0 19990708900014, KING COUNTY RECORDS.
C%4
THIS TEMPORARY EASEMENT SHALL TERMINATAE UPON FINAL COMPLETION OF THE BRIDGE
IMPROVEMENTS, RESTORATION OF THE INTERURBAN TRAIL AND SURFACE AREA OF THE
PROPERTY IN ACCORDANCE WITH THIS AGREEMENT, BUT NOT LATER THAN THIRTY (30)
MONTHS AFTER THE DATE OF THIS AGREEMENT.
Bridge Easement and Agreement Page 14 of 14
107772-0529/1 1117101