HomeMy WebLinkAbout1996 - Agreement and Easement for Drainage - Puget Sound Power and Light / Cullen et al - 9605300597
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AGREEMENT AND EASEMENT FOR DRAINAGE 6ZJ - 0 1 /05
THIS AGREEMENT made this f • 7-1:1 day of A-PC I L , 1996, between
PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ( "Puget"
herein), and ALLEN CULLEN AND JOAN E. CULLEN, husband and wife ( "Grantee"
herein);
WHEREAS, Puget is the owner of a 100 foot wide strip of land running through
the Northwest quarter of Section 36, Township 23 North, Range 4 East, W.M.
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
WHEREAS, Grantee desires an easement for a drainage facility upon Puget's
Property at a location more specifically described herein below;
NOW THEREFORE, in consideration of Ten and No /100 Dollars ($10.00)
Dollars 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, maintaining,
and using a biofiltration swale and appurtenances thereto (herein the
"Improvements "),
The terms "Easement" and "Easement Area" in this instrument refer to the
easement herein granted on Puget's Property and as described on the attached
0? Exhibit "A ".
This Easement is granted for the benefit of and shall be appurtenant to the
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below- described parcel, and the rights and obligations of the Grantee herein shall be
a covenant running with the title to said parcel, being specifically described as follows:
C.C) That portion of the Northwest quarter of Section 36, Township 23 North, Range 4
09 East, W.M., described as follows:
Beginning at a point on the North line of the Henry Adams Donation Claim No.
43, being 615.75 feet West of the Northeast corner thereof; thence North at right
angles to said North line 30 feet to the True Point of Beginning; thence continuing
North on said right angle line 120 feet; thence West parallel with said. North line
54 feet; thence South at right angles to said North line 120 feet to a point'on a line
$ 30 feet North of and parallel with the North line of said Henry Adams Donation
Claim No. 43; thence East along said parallel line 54 feet to the True Point of
Beginning.
Situate in the City of Renton, County of King, State of Washington, and;
.Commencing at a point 615.75 feet West and 30 feet North of the Northeast
corner of Henry Adams Donation Claim No. 43, Section 36, Township 23 North,
Range 4 East, W.M., in'King County, Washington; thence North 120 feet; thence
South 88 °21' East to the West line of right of way of the Seattle- Tacoma
Interurban Railway (Puget Sound Electric Railway); thence South along said
West line to a point on a line 30 feet North and parallel with the North line of said
Henry Adams Donation Claim No. 43; thence Westerly along said parallel line to
the Point of Beginning.
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.
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MAY :3 0 1996
COMMUNITY
DEVELOPMENT ENT
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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. 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.
4. 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 its substantial activities on Puget's property as may be communicated to
• Grantee by Puget for the purpose of protecting Puget's facilities, preventing hazardous
conditions and minimizing interruptions to Puget's utility operations.
5. Work Standards. 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
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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. •
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
such work.
6. 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 . -
p may terminate Grantee's rights under this Agreement in addition to and not in limitation
c0 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
G default.
7. Termination for Cessation of Use. In the event Grantee ceases to use the •
Improvements for a period of five (5) successive years, this Agreement and all
Grantee's rights hereunder shall terminate and revert to Puget.
• 8. R!lease of Improvements on Termination. No termination of this
Agreement shall release Grantee from any liability or 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.
9. 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.
10. 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.
11. 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 acts or omissions of Grantee and Grantee's servants, agents,
employees, and contractors in the exercise of the rights granted herein; provided,
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however, this paragraph does not purport to indemnify Puget against liability for
damage 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.
12. 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.
13. 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 judgment 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 . '
p to the scheduled commencement of work.
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C71 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 shali'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
12 herein.
14. Hazardous Wastes. Grantee is responsible for any contamination that
enters the biofiltration system and becomes deposited in the soil or groundwater.
Contamination includes hazardous wastes as defined under the Resource
Conservation and Recovery Act (RCRA), the Comprehensive Environmental
Response, Compensation and Liability Act ((ERCLA), or the Model Toxics Control Act
(MTLA). Grantee shall pay for any and all cleanup costs, including restoration costs,
that may result from contamination entering the biofiltration system.
15. Title. The rights granted herein are subject to 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.
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Print Nape v•44 S .c ‹5LL`r' --
. , Notary Public in and for the State of
Washington, residing at ' a.ao orvuu5t4
My commission expires '3 � - 9 e
AGREEMENT AND . EASEMENT FOR ` DRAINAGE
PUGET SOUND POWER & LIGHT COMPANY - GRANTOR
ALLEN AND JOAN ` E. CULLEN - GRANTEE
EXHIBIT "A,;
Commencing at a point 615.75 feet West and 30 feet North of the Northeast corner of
Henry Adams Donation Claim No. 43, in Section 36, Township 23 North, Range 4
East, W.M. in King County, Washington; thence North 120 feet; thence South 88 °21'
East to the West line of the right of way of the Seattle- Tacoma Interurban Railway right
of way (Puget Sound Electric Railway) and the True Point of Beginning; thence
continuing East 10 feet; thence South in a straight line 10 feet East of and parallel with
the West line of said Railway right of way to the North line of S.W. 43rd Street (South
180th Street) as conveyed to the City of Renton under Dedication of Right of Way
recorded under King County Recording No 8203240396; thence West along said .
North line of S.W. 43rd Street 10 feet to the West line of said Railway right of way;
thence North along said West line to the True Point of Beginning.
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