Loading...
HomeMy WebLinkAbout1990 - Agreement and Easement for Storm Sewer - Puget Sound Power - 9011190433I 1Z 19 AGREEMENT AND EASEMENT FOR STORM SE% FEE :2.00 •.._CC: F 11.00 1 ASHSL THIS AGREEMENT made this T day of 19qO, between PUGET SOUND POWER LIGHT COMPANY, a Washington corporation "Puget" herein), and CITY OF TUKWILA, a municipal corporation "Grantee" herein); WHEREAS, Puget is the owner of a strip of land one hundred (100) feet in width running through the Southwest quarter of Section 24, Township 23 North, Range 4 East, W.M., King County, Washington, and WHEREAS, such strip of land is presently owned and occupied by Puget in connection with Puget's electric utility operations, (said strip being hereafter referred to as Puget's Property and #0433 33 F '1:*** 13, Crz� WHEREAS, Grantee desires an easement for storm sewer pipeline across Puget's Property at a location more specifically described herein below; NOW THEREFORE, in consideration of Ten and No /100 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 hereinafter set forth, Puget hereby conveys and quitclaims to Grantee the following easement: A. A nonexclusive perpetual easement over, across, along, in, upon and under that portion of Puget's Property described in Exhibit "A" attached hereto and by this reference made a part hereof for the purposes of installing, constructing, operating, maintaining, removing, repairing, replacing and using a twenty four (24) inch diameter storm sewer pipeline and appurtenances C=) thereto (herein the "Improvements Cn The terms "Easement" and "Easement Area" in this instrument refer to the easement herein granted on Puget's Property and as Q described on the attached Exhibit "A Q; 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 Puget, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. 3. Use of the Property by Puget. Grantee's rights herein shall at all times be subordinate to such rights of Puget as are necessary to preserve and maintain the capabilities of Puget's Property to be used for electric utility purposes, and nothing herein contained sh''all prevent or preclude Puget from undertaking construction, installation and use of any electric utility facilities within Puget's Property. Puget 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 Puget's existing or future use of Puget's Property. 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 Puget's Property, Grantee shall give Puget FILED FDA RECORD AT REWEST 01.: PUGET POWER REAL ESTATE MRSION A'T'TFN WAYNE ERESSLER PUGET POWER BLDG. -1- 9ELLEVUE. WASHiNGTON 98009 34 -DC -3322 102290 written notice thereof together with preliminary plans and specifications for the same at least six (6) months prior to the scheduled commencement of such activity. Puget shall have the right to require that such plans and specifications be modified, revised or otherwise changed to the extent that the final plans and specifications therefor shall include provisions for the protection of Puget's facilities, the prevention of hazardous conditions and minimum interruption to Puget's utility operations. No such activity shall be commenced without Puget'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 Puget as is reasonable under the circumstances. Nothing herein shall be deemed to impose any duty or obligation on Puget 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 Puget. 5. As -Built Survey. Upon Puget's request, Grantee shall promptly provide Puget with as -built drawings and survey showing the location and elevations of the Improvements on Puget's Property. 6. Grantee's Use and Activities. Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible, interference with the use by Puget of its Property for electric utility purposes and shall at all times conduct its activities on the Easement Area so as not to interfere with, obstruct or endanger Puget's operations or facilities. Grantee shall install the Improvements and conduct any other of (v' its substantial activities on Puget's property as may be communicated to Grantee by Puget for the purpose of protecting O Puget's facilities, preventing hazardous conditions and minimizing 07 interruptions to Puget's utility operations. 7. Coordination of Activities. Grantee shall give at least O 30 days advance written notice of the proposed dates of its construction, repair and maintenance activities on Puget's Property to Puget's South Central Division office (presently headquartered at 620 South Grady Way, Renton, Washington), or such other division office of Puget as Puget may from time to time designate. Grantee shall cooperate in the revision of such dates and /or the coordination of its activities with those of Puget's if deemed necessary by Puget to minimize conflicts, insure protection to each parties facilities, prevent hazardous conditions, or minimize interruption of Puget's operations. 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 Puget as is reasonable under the circumstances. 8. Work Standards. All work to be performed by Grantee on Puget's Property shall be designed and constructed so as to withstand the consequences of any short circuit of any of Puget's electric facilities now or hereafter installed on the Property. All work to be performed by Grantee on Puget's Property shall also be in accordance with the plans and specifications submitted to and approved by Puget and shall be completed in a careful and workmanlike manner to Puget's satisfaction, free of claims or liens; however, nothing herein shall be deemed to impose a duty or obligation on Puget 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 Puget's energized power lines in order to prevent any contact therewith. Upon completion of such work Grantee shall remove all debris and restore the ground surface as nearly as possible to the condition in which it was at the commencement of \nitia -2- 34 -DC -3322 102290 (0 such work, and shall replace any property corner were disturbed or destroyed during construction. also pay to Puget all of Puget's costs necessary destroyed survey references and hubs established conjunction with any survey for new facilities on Property. monuments which Grantee shall to re- establish by Puget in Puget's 9. Changes and Repairs to Puget's Facilities. Grantee shall promptly pay to Puget the cost of any relocation, alteration, restoration and other changes or repairs to Puget's facilities which Puget shall reasonably deem necessary by reason of the construction, use and maintenance of the Improvements or other activities of Grantee on Puget's Property. Without limitation to the foregoing, Grantee shall promptly pay to Puget 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 Puget so requests, Grantee shall provide assurance of payment satisfactory to Puget prior to Puget's commencement of such work. Puget 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 Puget'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 Puget's Property free and clear of all obstructions and equipment. If requested by Puget, the Grantee shall make provisions for continued access by Puget along Puget's Property during construction of the Improvements. a M 11. Inspectors. Puget may appoint one or several Puget 0 representatives who shall serve as inspectors to oversee all work M to be performed by Grantee on Puget's Property. Grantee shall not carry on any work unless it has given such notice to Puget as may be reasonable in the circumstances so as to allow for the presence Q of such inspector or inspectors. Grantee and Grantee's Q% contractors shall promptly and fully comply with all orders and directions of Puget's inspectors, incluMing without limitation, cessation of work, and Grantee's construction contracts shall so provide. Grantee shall promptly pay Puget's charge for such inspectors. 12. Conflict with Future Installations of Puget. In the event that it should become necessary for Puget to install additional electric utility facilities or otherwise use Puget's Property and if, in the sole judgement of Puget, 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 Puget's satisfaction, or (b) to reimburse Puget for its added costs of design, construction and installation to avoid such interference or hazard. In the event Puget intends to undertake any such construction, Puget 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. �r�tia /S -3- �1 34 -DC -3322 102290 Within one month after receiving such notice from Puget, Grantee shall give written notice to Puget by which notice Grantee will elect to (a) protect, modify or relocate the Improvements, or (b) reimburse Puget 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 Puget's construction. If Grantee elects to pay Puget's added costs, Grantee shall give Puget satisfactory assurance of payment of 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 Puget the required notice, Puget 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 Puget so elects option (a) described herein or if Grantee elects option (a) and fails to commence and prosecute its work as contemplated herein, Puget may, at its option, undertake such work on behalf of Grantee as Puget deems necessary pursuant to option (a) and Grantee shall promptly pay Puget for all costs incurred by Puget in performing such work. Puget'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 Puget's giving Grantee written notice thereof, or within such other period of time as may be reasonable in the circumstances, Puget may terminate Grantee's rights under this Agreement in addition to and not in limitation of any other remedy of Puget at law or in equity, and the failure of Puget to exercise such right at any time shall not waive Puget's right to terminate for any future breach or default. CY-) 14. Termination for Cessation of Use. In the event Grantee C� ceases to use the Improvements for a period of five (5) successive C=) years, this Agreement and all Grantee's rights hereunder shall M terminate and revert to Puget. 15. Release of Improvements on Termination. No termination 0 of this Agreement shall release Grantee from any liability or Q, obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation and liability to remove the Improvements from Puget'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 Puget's Property. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to Puget. In case of failure of Grantee to so remove its Improvements, restore the ground or take such other mutually agreed upon measures, Puget may, after reasonable notice to Grantee, remove Grantee's Improvements, restore the ground or take such measures at the expense of Grantee, and Puget shall not be liable therefor. 17. Third Party Rights. Puget reserves all rights with respect to its property including, without limitation, the right to grant easements, licenses and permits to others subject to the rights granted in this Agreement. 18. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harmless Puget from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Puget in defense thereof, asserted or arising directly or indirectly on account of or out of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and contractors -4- 34 -DC -3322 102290^ I n the exercise of the rights granted herein, or (2) acts and omissions of Puget in its use of Puget'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 Puget against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Puget or Puget's agents or employees. 19. Insurance. Prior to Grantee's construction activities or other substantial activities on Puget's Property under the rights provided herein, Grantee shall submit to Puget evidence that Grantee or Grantee's contractors has obtained comprehensive general liability coverage naming Puget as an additional insured (including broad form contractual liability coverage) satisfactory to Puget with limits no less than the following: Bodily Injury Liability, including $1,000,000 automobile bodily injury liability each occurrence Property Damage Liability, including $1,000,000 automobile property damage liability each occurrence Said evidence shall be submitted on Puget's Certificate of Insurance standard form (which form Puget shall provide upon request) or such other form as Puget may from time to time approve. Said coverage shall be maintained by Grantee or Grantee's contractors during the period when such activities take place. CY7 20. Taxes and Assessments. Grantee shall promptly pay or wt reimburse Puget for any taxes and /or assessments levied as a result of this Agreement or relating to the Grantee's improvements constructed pursuant to this Agreement. C) 21. Title. The rights granted herein are subject to CJ: permits, leases, licenses and easements, if any, heretofore granted by Puget affecting the property subject to this Agreement. Puget does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 22. Notices. Unless otherwise provided herein, notices required to be in writing under this Agreement shall be given as follows: If to Puget: Puget Sound Power Light Company Real Estate Department OBC -11N P.O. Box 97034 Bellevue, WA 98009 -9734 If to Grantee: City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 Notices shall be day following deposit prepaid, certified or or upon delivery ther change the address to as above provided. deemed effective, if mailed, upon the second thereof in the United States Mail, postage registered mail, return receipt requested, eof if otherwise given. Either party may which notices may be given by giving notice 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 Puget. 24. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. a /S .0 -5- 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 TUKW PUGET SOUND POWER LIGHT COMPANY By: �•t /G� ^G� By l V Dir�ctor Real Estate Its: WI 5 hand 1fe move Z�3t en. hi r' i ir i and official seal hereto affixed the day and Notary blic in and for the State of Washing on, residing at S RJ't7MUls 154 My commission expires 0-13 9 -6- 34 -DC -3322 102290 i STATE OF WASHINGTON SS. COUNTY OF KING rJ On this 2 day of 19 fq before me, the (Y undersigned, personally appeared S. M. VORTMAN, to me known to be CV the Director Real Estate of PUGET SOUND POWER LIGHT COMPANY, the p corporation that executed the foregoing instrument, and M acknowledged said instrument to be the free and voluntary act and s deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute O the said instrument. M WI 5 hand 1fe move Z�3t en. hi r' i ir i and official seal hereto affixed the day and Notary blic in and for the State of Washing on, residing at S RJ't7MUls 154 My commission expires 0-13 9 -6- 34 -DC -3322 102290 i AGREEME AND EASEMENT FOR STORM SEWER PUGET SOUND POWER LIGHT COMPANY TO CITY OF TUKWILA EXHIBIT "A" EASEMENT ACROSS PUGET POWER A STRIP OF LAND 10 FEET IN WIDTH WHICH IS 5 FEET ON EACH SIDE OF THE FOLLOWING CENTER LINE; COMMENCING AT THE INTERSECTION OF EASTERLY EXTENSION OF THE CENTER -LINE OF SOUTH 158TH STREET Y -LINE AND THE WEST MARGIN OF PUGET SOUND POWER AND LIGHT COMPANY RIGHT -OF -WAY; THENCE ALONG SAID WEST MARGIN SOUTH 01 0 20'15" EAST 15.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87 0 09'10" EAST 100.03 FEET TO THE EASTERLY MARGIN OF PUGET SOUND POWER AND LIGHT COMPANY RIGHT OF -WAY AND TERMINUS OF SAID CENTER -LINE. LOCATED IN THE HENRY MEADER DONATION CLAIM NO. 46, IN SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN RING COUNTY, WASHINGTON. O Q C3; V�,tials cz) r V�,tials x