HomeMy WebLinkAbout5364RESOLUTION NO. 5 3 6 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN EASEMENT GRANTING TO PUGET SOUND
ENERGY EASEMENT RIGHTS FOR UNDERGROUNDING
ELECTRICAL UTILITIES THAT WILL SERVICE A NEW
BATHROOM AT LES GOVE PARK
WHEREAS, Puget Sound Energy (PSE) distributes electricity within the City
of Auburn; and
and
WHEREAS, the City of Auburn is building a new bathroom at Les Gove Park;
WHEREAS, PSE will be installing underground electrical service to the new
bathroom; and
WHEREAS, PSE is requesting that the City grant it an easement for the
construction, operation, maintenance, repair, upgrading, replacement,
improvement, and extension of underground electrical service, and for future access
to construct additional facilities as required to transmit power.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an Easement in
substantially the same form as shown in Exhibit A, attached hereto and incorporated
herein.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
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Resolution No. 5364
April 16, 2018
Page 1 of 2
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
DATED and SIGNED this �day of 12018.
ATTEST:
4aQi
Da ieI a E. Daskam, City Clerk
/ I
ffirl �" "
M-4 IAL
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Resolution No. 5364
April 16, 2018
Page 2 of 2
CITY OF AUBURN
tCY BTS, MAYOR
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
PO Box 97034 / EST -06W
Bellevue, WA 98009-9734
Attn: TLMN
PUGET SOUND ENERGY
EASEMENT
REFERENCE #:
GRANTOR (Owner): CITY OF AUBURN
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: NE1/4 of NW1/4 and SE1/4 of NW1/4 of Sect 33, Twp 21N, Rg 7E, King County
ASSESSOR'S PROPERTY TAX PARCEL: 1 921 05-91 81
For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, CITY OF AUBURN, a municipal corporation ("Owners" herein), hereby grants and conveys to
PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a
nonexclusive perpetual easement over, under, along across and through the following described real property (the
"Property" herein) in King County, Washington:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
A STRIP OF LAND TEN (10) FEET WIDE LYING FIVE (5) FEET ON EACH SIDE OF THE
CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE
CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED
REAL PROPERTY.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend 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.
PSE Easement 2018
WO#: 101108928 / RW -108591 / Not# 11412631
Page 1 of 4
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such
additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over
and across the Property to enable PSE to exercise its rights granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut,
remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the
right, but not the obligation, 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. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a
hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify
such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or
disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut
and removed from the Property by PSE.
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the
condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case
Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed
as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to
cause the minimum amount of disruption to Owner's use of the Property.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise
change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area
and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall
require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the
negligence of others.
7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of
Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement
Area.
8. Successors and Assigns. PSE 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 the
foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns.
PSE Easement 2018
WO#: 101108928 / RW -108591 / Not# 11412631
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DATED this �/ day of 612:34 20_ZS.
OWNER: CITY OF AUBURN, a municipal corporation
By (Name):
Printed Name t
Its (Title): \��� L_ 2, C
STATE OF WASHINGTON )
SS
COUNTY OF )
/j
On this � Ilk day of &ef,( ( , 20 /9
, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
)U a uGy ?,W� S , to me known to be the person(s) who signed
as Nancv Backus, Mavor . of CITY OF
AUBURN, a municipal corporation, the 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 said corporation 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 corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
E E. p °�► C
to `N"F+�/�� (Sig\rrature of Notary)
O�ca�apjA��A��H� �4 �avi �c, Ell
�a-S�Ciit�
$ v _ . - y (Print or stamp name of Notary)
,11111 2 5�.���1'�p m NOTARY PUBLIC in and for the State of Washington, residing
OF WAS�\�•; at E/)yt✓h4"J
tlIII ���'•.•.'`�� �\� My Appointment Expires: A)2' s2-6��l
Notary seal, text and all notations must be inside V margins
PSE Easement 2018
WO#: 101108928 / RW -108591 / Not# 11412631
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EXHIBIT "A"
PARCEL "A":
That portion of "Revised Parcel A" of City of Auburn Boundary Line Adjustment BLA08-0018
recorded under King County recording number 20090120900004 in Section 19, Township 21 North,
Range 05 East of the Willamette Meridian, King County, State of Washington, said portion
described as follows:
Commencing at the Northwest corner of the Northwest Quarter of the Northeast Quarter of said
Section 19;
Thence South 89° 54' 54" East along the North line of said Section 250.04 feet to the most
northerly northwest corner of said "Revised Parcel A" of City of Auburn Boundary Line
Adjustment BLA08-0018 recorded under King County recording number 20090120900004;
Thence South 01 '06'44" West along the west line of said "Revised Parcel A" a distance of 30.00
feet to the northeast corner of the lands described in deed recorded under King County recording
number 20060728002916 and the true point of beginning;
Thence South 890 54' 54" East 2.4 feet;
Thence South 010 06'44" West 102.06 feet;
Thence North 89° 54'54" West 2.90 feet to the Southeast corner of said lands;
Thence North 010 06' 44" East along the east line of said lands a distance of 102.00 feet to the
point of beginning.
Containing an area of 296 square feet, more or less.
The basis of bearings for this description is identical with said Boundary Line Adjustment
recorded under recording number 20090120900004, records of King County, State of Washington.
PSE Easement 2018
WO#: 101108928 / RW -108591 / Not# 11412631
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