HomeMy WebLinkAbout2014 - Easement - City of Tukwila and Segale Properties LLC - 20140501000403 CONFORMED COPY
20140501000403
PUGET SOUND EN EAS 76.00
RETURN ADDRESS: PAGE-001 OF 005
Puget Sound Energy,Inc. 05/01/2014 10:.49
Attn: ROW Department
P.O.Box 97034 OBC-11 N
Bellevue,Washington 98009-9734
EASEMENT
REFERENCE#:
GRANTOR: CITY OF TUKWILA and SEGALE PROPERTIES LLC
GRANTEE: PUGET SOUND ENERGY,INC.
SHORT LEGAL: '
ASSESSOR'S PROPERTY TAX PARCEL; 352304-9008
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the CITY OF
TUKWILA, a Washington municipal corporation, and SEGALE PROPERTIES LLC, a Washington limited liability
company (collectively, "Grantor"), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington
corporation ("Grantee"), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under,
along,across and through the following described real property in King County,Washington("Property"):
New Parcel C of City of Tukwila Boundary Line Adjustment No.L 13-005,as recorded in the public
records of King County,Washington,under recording no.20130227900005.
1. Purpose. Subject to Section 10 below,Grantee shall have the right to use the Property for any and all
utility purposes, including without limitation constructing, operating, maintaining, repairing, replacing, improving,
removing and upgrading utility systems for purposes of transmission, distribution and sale of electricity and/or gas,
substations, offices,call centers and any and all other facilities or appurtenances necessary or convenient to any or
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all of the foregoing. Notwithstanding the foregoing,this Easement does not provide,and is not intended to provide,
Grantee with any rights to continue to operate Grantee's existing (as of the effective date of this Easement) utility
Infrastructure located within the Property.
2. Clearance and Maintenance. Subject to Section 10 below,Grantee shall have the right to cut,remove
and dispose of any and all brush, trees or other vegetation in the Property. 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 Property.
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3. Grantor's Use of Property. Grantor reserves the right to use the Property for any purpose not
inconsistent with the rights herein granted;provided,however,that Grantor shall not conduct any 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 employees, 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,its employees,agents or contractors or the negligence of
third parties. Grantor agrees to indemnify Grantee from and against liability incurred by Grantee as a result of
Grantor's negligence, or the negligence of Grantor's employees, agents or contractors in the exercise of Grantor's
rights on the Property, but nothing herein shall require Grantor to indemnify Grantee for that portion of any such
liability attributable to the negligence of Grantee, or its employees agents or contractors or the negligence of third
parties. Solely to give full force and effect to the Indemnities contained herein and not for the benefit of any third
party,each party specifically and expressly waives any immunity it may have under Washington State Industrial Act,
Title 51 RCW,and acknowledges that this waiver was mutually negotiated by the parties herein. In no event shall
either party's obligations hereunder be limited to the extent of any insurance available to or provided by the obligated
party.
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5. 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 the foregoing,the rights and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors and assigns.
6. Complete Agreement;Amendment; Counterparts. This Easement contains the entire agreement of
the parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions
relating to the Easement. This Easement may not be amended except by a written document executed by the
authorized representatives of Grantor and Grantee. This Easement may be executed in counterparts,each of which
shall be treated as an original for all purposes and all executed counterparts shall constitute one agreement
7. Warranty and Representation of Authority. The parties each represent to the other that the person or
persons executing this Easement have authority to do so and to bind the parties hereunder. All consents,
permissions and approvals related to entry into this Easement, and the obligations hereunder,have been obtained.
Grantor further warrants to Grantee that it has the necessary right, title and interests in the Property to grant the
easement rights set forth herein.
8. Attorneys' Fees. The prevailing party in any action brought to enforce or interpret the terms of this
Easement shall be entitled to recover its costs and reasonable attorneys'fees incurred in said action, including on
appeal,whether or not suit is commenced.
9. Severability. Invalidation of any of the provisions contained in this Easement, or of the application
thereof to any person, by judgment or court order, shall in no way affect any of the other provisions thereof or the
application thereof to any other person and the same shall remain in full force and effect.
10. Termination of Easement; Construction of Fire Station. The parties acknowledge that Grantor
intends to construct a fire station to serve the City of Tukwila(the"City")on the Property,which may include,in the
City's reasonable determination, ancillary and related uses, including, but not limited to, an emergency operations
center(collectively, the"Fire Station"). If Grantor either(i)commences on-site construction of a fully permitted Fire
Station or(ii)pays to Grantee,in immediately available funds,the greater of(a)$3,750,000.00 and(b)any costs and
expenses Grantee incurs(or has incurred)In relocating the facilities described in Section 4 of the Utility Relocation
Agreement dated April 8, 2014, by and between Grantor and Grantee (the "Utility Relocation Agreement"), then
Grantee shall, at the request of Grantor, execute and acknowledge (at no cost to the City) a commercially
reasonable instrument terminating and releasing this Easement Notwithstanding anything to the contrary contained
in this Easement, Grantee's rights set forth in Sections 2 and 3 above shall not unreasonably interfere with or
obstruct the City's development and construction of the Fire Station,nor shall they affect any of Grantor or Grantee's
obligations under the Utility Relocation Agreement.
11. Subordination. This Easement shall be subordinate to any lien of any mortgage, trust deed or other
instrument against the Property that are necessary for the City to secure funding for the Fire Station (collectively,
"Fire Station Funding Instruments") provided that the holder of such Fire Station Funding Instruments accepts this
Easement and the terms, conditions and rights of Grantee set forth herein. Grantee shall,within ten(10)business
days of request by the City, execute commercially standard instruments or assurances as may be reasonably
necessary to evidence or confirm the subordination of this Easement to such Fire Station Funding Instruments.
Grantee's processing and execution of such assurances shall be at no charge to the City.
[SIGNATURE PAGE FOLLOWS]
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DATED this 11 day of April,2014.
Grantor:
SEGALE PROPERTIES LLC, CITY OF TUKWILA,
a Washington limited liability company a Washington municipal corporation
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By Metro Land ibvelopm; t,I'c.,Manager ;
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Name ,1i7 . .:. l�
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Name its •' , j�lG,:i.! , fir
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Grantee:
PUGET SOUND ENERGY,INC.,
a Washington corporation
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By r�re 4„44,„
Name $2€T T BO LTOh(
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Title MA('M..42 R>rAC. E .1- re
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Address F.fl 130)( 17 ?)t PSE-105
$61,t,eVVt Et WA 980961-017344 •
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STATE OF WASHINGTON )
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COUNTY OF )
On this \ day of NO n L , 20 14 ,before me,the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appearecrft rrl 0 e T'tr f
me known to be the person who signed as bra--hor , of ,--T-14,14/..... the
corporation that executed the within and foregoing instrument,and acknowledged said instrument to be his/her free
and voluntary act and deed and the free and voluntary act and deed of - ...p lt,0p for the uses and
purposes therein mentioned; and on oath stated that / Q was authorized to execute thftaid instrument on behalf
of said iYs tit ri%c,plf(r,•o
IN WITNEWA(I, �OF I have hereunto set my hand and official seal the day and year fi st above written.
� egStOp�r` (Signal of DJot}�- )
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5V • ` 1$ (Print or stamp narfie of Notary)
Notary Public in andtor the State Washin ton,
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Ski 4,%1 o9_Ave My Appointment Expif s: _—G?)-16
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STATE OF WASHINGTON )
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COUNTY OF )
On this I't day of A p ri I ,20 t u ,before me, the undersigned,a Notary Public in
and for the State of Washington, dilly commissioned and sworn, personally appeared M.('k Pt. Seen(._ to
me known to be the person who signed as Vice-President, of Metro Land Development, Inc., the company 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 was authorized to execute the said instrument on behalf of said corporation.
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IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
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CO (Print or stamp name of Notary)
��.`4�;,,,,,,04j ' Notary Public in and for the State of Washington,
Q .•\gg�ON Ekp ��'� residing at 7u k...<la, '-4
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STATE OF WASHINGTON
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COUNTY OF KING
On this 5T-11 day of APR I L , 2014, before me, the undersi gned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared ETi- 13c7LT0/4 ,to
me known to be the person who signed as n1(4140402_ PEAL ESTATE of Puget Sound Energy, Inc., 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.
(Signature of Notary) F� A?
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0�„aaa�„,n,t. 4, Notary Public in and for the State of Washington,
.t`� p `�'r.,� ��� residing at SE-A77Z t. 51
.Q I O a'4� ?11 My Appointment Expires: 5 Q Q- o/'/
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