HomeMy WebLinkAbout14-045 - Segale Properties / Puget Sound Energy - Utility Relocation Agreement14 -045
Council Approval N/A
UTILITY RELOCATION AGREEMENT
BETWEEN THE
CITY OF TUKWILA, SEGALE PROPERTIES LLC, AND
PUGET SOUND ENERGY, INC.
THIS UTILITY RELOCATION AGREEMENT (this "Relocation Agreement ") dated as of the
r day of Apia), 2014 (the "Effective Date "), is made by and between the City of Tukwila, a
municipal corporation operating under the laws of the state of Washington as a non - charter code
city (the "City "), Segale Properties LLC, a Washington limited liability company formerly
known as "LA PIANTA LLC" ( "Segale "), and Puget Sound Energy, Inc. a Washington
corporation and public utility ( "PSE ") (collectively, the "Parties "), for the purposes set forth
herein.
RECITALS
WHEREAS, the City and Segale entered into that certain Development Agreement relating to
the Tukwila South development, dated June 10, 2009 (the "Development Agreement "), as
amended pursuant to that certain First Amendment to Development Agreement dated May 18,
2010 (the "First. Amendment "), and pursuant to that Second Amendment dated November 20,
2012 (the "Second Amendment "), and pursuant to the first addendum to the Development
Agreement dated November 20, 2012 (the "First Addendum "), and the second addendum to the
Development Agreement dated February 27, 2013 (the "Second Addendum ") (the Development
Agreement as amended by the First Amendment, the Second Amendment, the First Addendum,
and the Second Addendum is referred to as the "Amended Development Agreement "); and
WHEREAS, pursuant to the Amended Development Agreement, Segale agreed to construct and
dedicate to the City, for use as a public right of way, the re- aligned South 178th Street right of
way (the "South 178th Street Improvements ") as depicted in the Goldsmith Plans, as that term
is defined in the Amended Development Agreement; and
WHEREAS, the foregoing agreement of Segale was conditioned upon the City Council taking
action to vacate that portion of the existing South 178th Street right of way that will be replaced
by the newly constructed and re- aligned South 178th Street right of way, which action was taken
by the City pursuant to City Ordinance No. 2400 (the "Vacation Ordinance "); and
WHEREAS, pursuant to the Amended Development Agreement, Segale has conveyed to the
City the parcel of property as legally described in Exhibit "A" attached hereto (the "Eastern
Parcel "), subject to a reversionary right retained by Segale, such parcel to be used by the City for
the construction and operation of a fire station; and
WHEREAS, pursuant to the Amended Development Agreement, Segale is obligated to make
certain improvements to the Eastern Parcel (the "Segale Improvements ") to accommodate the
future use of the Eastern Parcel for the construction and operation of a fire station which
improvements include re- grading and stabilizing the slope; and
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WHEREAS, PSE owns and operates certain natural gas and electric utility infrastructure (the
"Utility Infrastructure ") currently located within the existing alignment of South 178th Street;
and
WHEREAS, the City has determined that the presence of PSE's Utility Infrastructure currently
Located within the Eastern Parcel may interfere with the City's use of the Eastern Parcel; and
WHEREAS, the City has provided notice to PSE that its Utility Infrastructure located within the
Eastern Parcel must be relocated to accommodate the Segale Improvements; and
WHEREAS, Segale is the fee owner of the parcel to the west of the Eastern Parcel legally
described in Exhibit "B" hereto (the "Segale Parcel "); and
WHEREAS, in order to accommodate the relocation of the Utility Infrastructure within the
Eastern Parcel, the City has conditionally agreed to grant to PSE an easement in substantially the
form of the easement attached hereto as Exhibit "C" (the "PSE Utility Easement — Eastern
Parcel "). Exhibit "C -1" identifies alternative route selections for the PSE Utility Easement —
Eastern Parcel (the "Eastern Parcel Northern Alignment "). The specific location and
alignment of the PSE Utility Easement — Eastern Parcel shall be determined by PSE pursuant to
Section 4.3.1 herein; and
WHEREAS, in order to accommodate the relocation of certain PSE Utility Infrastructure, Segale
has granted to PSE, and the City has consented to, a utility easement within the South 178th
Street Improvements that is attached as Exhibit "D" (the "South 178th Street Utility
Easement "); and
WHEREAS, in order to accommodate the Utility Infrastructure upon the Segale Parcel, Segale
has conditionally agreed to grant to PSE a utility easement in substantially the form of the
easement attached hereto as Exhibit "E" (the "PSE Utility Easement — Segale Parcel "). The
location and alignment of the PSE Utility Easement — Segale Parcel shall be determined pursuant
to Section 4.1 herein;
WHEREAS, in the event that PSE determines, in its sole discretion, that it is not feasible to
relocate its existing natural gas utility infrastructure to the proposed Eastern Parcel Northern
Alignment, Segale has agreed to grant to PSE, and the City consents to, an easement within the
South 178th Street Improvements for PSE's natural gas utility infrastructure in substantially the
form of the easement attached hereto as Exhibit "F" (the "Alternative South 178th Street
Utility Easement "); and
WHEREAS, representatives of the City, Segale and PSE desire to set forth the terms and
conditions upon which the Parties will coordinate, sequence and perform the work for the South
178th Street Improvements, the Segale Improvements, the Eastern Parcel Relocation Work
(defined below), and the Segale Parcel Relocation Work (defined below), and to grant the
easements as described herein;
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NOW, THEREFORE, the Parties hereto, in consideration of the mutual promises and
obligations described herein, are entering into this Relocation Agreement to set forth the
respective rights, duties, and obligations of the Parties:
AGREEMENT
SECTION 1. DEFINITIONS.
For purposes of this Relocation Agreement, the following terms, phrases, words, and their
derivations shall have the meaning given herein where capitalized; words not defined herein shall
have their ordinary and common meaning. When not inconsistent with the context, words used
in the present tense include the future, words in the plural number include the singular number,
words in the singular number include the plural number, and the use of any gender shall be
applicable to all genders whenever the sense requires. The words "shall" and "will" are
mandatory and the word "may" is permissive. References to governmental entities (whether
persons or entities) refer to those entities or their successors in authority. If specific provisions of
law referred to herein be renumbered, then the reference shall be read to refer to the renumbered
provision. References to laws, ordinances or regulations shall be interpreted broadly to cover
government actions, however nominated, and include laws, ordinances, and regulations now in
force or hereinafter enacted or amended. Words defined in the recitals above where capitalized
shall have the same meaning throughout this Relocation Agreement.
1.1 "Cut- over" or "Service Cut - over" shall mean and refer to that point in time when
the testing of the Utility Infrastructure is complete and can be placed into active use (e.g., to
energize electric lines or pressurize gas line), and use of the pre- existing Utility Infrastructure can
be safely terminated.
1.2 "Dispute" shall mean a question or controversy that arises between the Parties
concerning the observance, performance, interpretation or implementation of any of the terms,
provisions, or conditions contained in this Relocation Agreement or the rights or obligations of
either Party under this Relocation Agreement.
1.3 "Law(s) and Ordinance(s)" shall mean all applicable laws, ordinances, rules,
regulations, resolutions, permits, authorizations, environmental standards, orders and
requirements of all federal, state, county and municipal governments.
1.4 "Project" shall mean and refer to all or any part of the work to be performed
pursuant to this Relocation Agreement.
1.5 "Eastern Parcel Relocation Work" shall mean and refer to the work to be
performed by, or on behalf of, PSE pursuant to Section 4 herein to commence and complete the
construction and installation of the PSE Utility Infrastructure within the easement area described
in Exhibit "C ", PSE Utility Easement — Eastern Parcel, up to and including Service Cut -over.
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1.6 "Eastern Parcel Site Preparation Work" shall mean and refer to the grading
work on the Eastern Parcel to be performed by, or on behalf of, Segale as further defined in, and
pursuant to, Section 4 herein.
1.7 "Segale Work" shall mean and refer to, collectively, the Eastern Parcel Site
Preparation Work, the Segale Improvements and any and all activities of Segale, or its officers,
directors, employees, agents, contractors, subcontractors, volunteers, invitees, or licensees, to
commence and complete the South 178th Street Improvements.
1.8 "Segale Parcel Relocation Work" shall mean and refer to the work to be
performed by, or on behalf of, PSE pursuant to Section 4 hereof within or upon the Segale Parcel
to commence and complete the construction and installation of the Utility Infrastructure within
the easement area described in Exhibit "E ", PSE Utility Easement — Segale Parcel, up to and
including Service Cut -over.
1.9 "Utility Relocation Plan" shall mean PSE's standard construction documentation
that PSE will be relying upon in performing the Utility Relocation Work, which may include, but
is not limited to,
1.9.1 Plans, elevations, and typical cross sections showing new location of
Utility Infrastructure and plans and elevations showing all connecting outside utilities;
1.9.2 Engineering and architectural site plans, showing all Utility Infrastructure
in relation to projected final topography on the property, with all proposed connections;
1.9.3 Typical materials and an estimated time schedule for construction;
1.9.4 Backfill material and compaction requirements.
1.9.5 An estimated schedule for commencement and completion of the Utility
Relocation Work associated with the Utility Relocation Plan.
1.10 "Utility Relocation Work" shall mean and refer to, collectively, the Eastern
Parcel Relocation Work, the Segale Parcel Relocation Work and the Alternative South 178th
Street Utility Relocation Work.
1.11 "Vacated Right of Way" shall mean and refer to that portion of South 178th
Street legally described in Exhibit "A" to the Vacation Ordinance.
1.12 "Alternative South 178th Street Utility Relocation Work" shall mean and refer
to the relocation work within or upon the easement area described in Exhibit "F ", Alternative
South 178th Street Utility Easement, to commence and complete the construction and installation
of PSE's Utility Infrastructure, up to and including Service Cut -over.
SECTION 2. INTENT AND RELATIONS.
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2.1 General. This Relocation Agreement is intended by the Parties to establish the
rights, duties and obligations of the Parties relative to (1) the coordination, timing, sequencing
and performance of the work for the Segale Work and the Utility Relocation Work; (2) payment
for such work; (3) the conditions precedent to granting to PSE the easements as described herein;
and (4) the liabilities of the Parties for non - performance hereunder.
2.2 Intent. The Parties understand that the failure to commence and complete the
respective work of each Party in conformance with the terms of this Relocation Agreement may
result in damage to the other Party or Parties, including delay to or disruption of work. The
Parties intend, therefore, that each Party will work in good faith, with due diligence and without
delay to timely commence and complete each of their respective obligations as set forth herein.
The Parties further agree to work cooperatively with one another to coordinate the work of each
Party so as to avoid delay or disruption and to commence and complete with respective work of
each Party in conformance with the terms of this Relocation Agreement.
2.3 Incorporation of Recitals. The above recitals are hereby incorporated into this
Relocation Agreement as though fully set forth herein.
2.4 Binding Effect. The terms and conditions as set forth herein are binding upon and
inure to the benefit of the Parties, and their successors and assigns.
SECTION 3. PROJECT MANAGEMENT.
3.1 Project Manager. Each Party shall designate a project manager or managers for
the Project (the "Designated Project Managers "). The Designated Project Managers will use
good faith efforts to work together to manage the Project under sound Project management
principles to ensure coliance with the obligations of each Party, and to reasonably coordinate
all planning, design, relocation, approvals, permits, payments, and all other rights, duties, and
obligations identified in this Relocation Agreement. Each Party shall advise the other in writing
of the name of its Designated Project Manager or Managers and their assigned tasks, together
with their contact information.
3.2 Generally. Except as otherwise herein provided, PSE shall be solely responsible
for completing the Utility Relocation Work. Except as otherwise herein provided, Segale shall
be solely responsible for completing the Segale Work.
3.3 Standards of Performance. PSE shall perform, or cause to be performed, all
Utility Relocation Work, and Segale shall perform, or cause to be performed, all Segale Work
according to the following standards:
3.3.1 All work hereunder shall comply with, and be performed in accordance
with the terms of this Relocation Agreement and all applicable Laws and Ordinances, free and
clear of all liens.
3.3.2 Plan, design, and perform the work in a good and workmanlike manner
and of good quality.
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3.3.3 Notify all of their contractors of this Relocation Agreement and terns
thereof and shall require its contractors to advise any of their subcontractors of this Relocation
Agreement and the terms thereof.
SECTION 4. OBLIGATIONS OF THE PARTIES.
4.1 General. The following obligations are in addition to the duties and obligations
otherwise set forth in this Relocation Agreement:
4.1.1 Segale Parcel Easement. PSE shall within sixty (60) days following the
Effective Date (the "Easement Election Period ") provide written notice to Segale electing to
accept the Segale Parcel Northern Alignment (defined below) or the Existing Modified
Alignment (defined below) (the "Easement Election Notice ").
4.1.2 PSE Utility Easement — Segale Parcel (Northern Alignment). Segale shall,
within ten (10) business days following PSE's Easement Election Notice electing to accept the
Segale Parcel Northern Alignment, or such other time period as Segale and PSE mutually agree,
grant to PSE the PSE Utility Easement — Segale Parcel encumbering the Segale Parcel Northern
Alignment (the "PSE Utility Easement — Segale Parcel (Northern Alignment) "). The
easement shall be in substantially the form of the easement attached hereto as Exhibit "E." The
"northern alignment" on the Segale Parcel is depicted in Exhibit "E -1" (the "Segale Parcel
Northern Alignment "). The sole consideration for the grant of the PSE Utility Easement —
Segale Parcel (Northern Alignment) shall be PSE's agreement to abandon the Utility
Infrastructure in its current location within the Segale Parcel and commence and perform the
Segale Parcel Relocation Work pursuant to Section 4.2 hereof.
4.1.3 PSE Utility Easement — Segale Parcel (Existing Modified Alignment). In
the event that PSE, in its Easement Election Notice, elects to accept the Existing Modified
Alignment, Segale shall grant to PSE the PSE Utility Easement — Segale Parcel encumbering the
Existing Modified Alignment (the "PSE Utility Easement — Segale Parcel (Existing Modified
Alignment) "), which shall include any additional easement area necessary (as determined by
PSE) to connect the Utility Infrastructure in its current location on the Segale Parcel to the Utility
Infrastructure constructed or to be constructed within the Eastern Parcel (collectively referred to
as the "Existing Modified Alignment "). The Existing Modified Alignment is generally
depicted in Exhibit "E -2 ". The sole consideration for Segale's grant of the PSE Utility
Easement — Segale Parcel (Existing Modified Alignment) shall be $225,168.75, which amount
shall be paid to Segale within sixty (60) days of PSE's completion the Utility Relocation Work.
4.1.4 South 178th Street Utility Easement. Segale has granted to PSE the South
178th Street Utility Easement to PSE attached hereto as Exhibit "D ".
4.1.5 Legal Descriptions. Segale shall timely prepare the legal descriptions for
the PSE Utility Easement — Eastern Parcel, the Eastern Parcel Northern Alignment, the
Alternative South 178th Street Utility Easement, if necessary, the PSE Utility Easement — Segale
Parcel (Northern Alignment) and the PSE Utility Easement — Segale Parcel (Existing Modified
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Alignment), which legal descriptions shall be subject to PSE's review and approval, which
approval shall not be unreasonably withheld.
4.1.6 Eastern Parcel Site Preparation Work. Segale shall perform that portion of
the grading work authorized by Revision No. 8 that will be submitted to the City of Tukwila
Grading Permit No. PW 10 -064, which grading work is further depicted in Exhibit "H" attached
hereto (the "Eastern Parcel Site Preparation Work "). The Eastern Parcel Site Preparation
Work shall be performed and completed as is necessary in order to bring the easement area set
forth in the PSE Utility Easement — Eastern Parcel, and adjacent areas, to final grade of the slope
and final grade of the level base in order to accommodate the Eastern Parcel Relocation Work.
Notwithstanding anything to the contrary contained herein, Segale shall perform all Segale Work
so as not to compromise and /or affect the structural integrity, safety, operations and relocation of
PSE's existing natural gas utility infrastructure (as determined by PSE in its reasonable
discretion).
4.1.7 NPDES Permit. Following Segale's completion of the Eastern Parcel Site
Preparation Work, Segale shall submit a Transfer of Coverage form to the Washington State
Department of Ecology to effect a partial transfer of the Construction Stormwater General Permit
No. WAR 011880 (the "Permit ") to PSE for the Utility Relocation Work. Following PSE's
completion of the Utility Relocation Work, PSE shall complete the necessary paperwork to
transfer the Permit back to Segale. Segale shall indemnify PSE from and against claims related
to Segale's compliance with the Permit. PSE shall indemnify Segale from and against claims
related to PSE's compliance with the Permit. Solely to give full force and effect to the
indemnities in this paragraph and not for the benefit of any third party, each party specifically and
expressly waives any immunity it may have under the Industrial Insurance, Title 51 RCW, and
acknowledges that this waiver was mutually negotiated by the parties herein.
4.1.8 Title Review and Approval. Notwithstanding anything to the contrary
contained herein, any and all easements to be conveyed pursuant to this Relocation Agreement by
Segale to PSE shall be free and clear of all liens, encumbrances and restrictions (other than those
liens, encumbrances and restrictions that are acceptable to PSE in its sole discretion).
4.1.9 Utility Installation. PSE and Segale acknowledge that there may be
efficiencies and costs savings by Segale's contractors performing certain site preparation work
for and on behalf of PSE. Segale shall work in good faith with PSE to identify mutually
agreeable terms and conditions upon which Segale would perform such work for PSE.
4.1.10 Timely Work. Segale shall commence and complete the Segale Work in
accordance with the schedules set forth in Section 5 of this Relocation Agreement.
4.1.11 Removal of Existing Infrastructure. Subject to Section 4.2.4 below and in
the event PSE abandons its natural gas utility infrastructure in the Eastern Parcel, Segale may, in
its reasonable discretion and after the Cut -over, remove such abandoned infrastructure at its sole
cost and expense.
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4.1.12 [Intentionally omitted.]
4.1.13 Geotechnical Reports. Segale shall provide to PSE all geotechnical
reports in its possession related to the conditions of the Eastern Parcel and the Segale Parcel.
4.1.14 Feasibility Study - Cooperation. Segale shall provide to PSE, as soon as
practicable after the Effective Date, all available plans and specifications for the Segale
Improvements and the Eastern Parcel Site Preparation Work to enable PSE to conduct the
Feasibility Study (defined in Section 4.2.3 below). In particular (but without limiting the
foregoing), Segale shall provide PSE with the elevations for the planned final grade of the slope
and final grade of the level base within the easement area of the PSE Utility Easement — Eastern
Parcel.
4.1.15 Alternative South 178th Street Utility Easement. In the event that PSE
rejects the Eastern Parcel Northern Alignment, as provided pursuant to Section 4.2.3 below,
Segale shall promptly grant the Alternative South 178th Street Utility Easement to PSE, in
substantially the form of Exhibit "F ".
4.2 PSE's Obligations.
4.2.1 Cost and Expense; Release; Covenant not to Sue. Except as may be
otherwise provided herein or in the easements granted by the City and/or Segale to PSE, PSE
shall have sole responsibility for all cost and expense related to the Utility Relocation Work.
4.2.2 Utility Relocation Work. Upon the full and complete performance by the
City and Segale of their respective obligations set forth herein, PSE shall commence and
complete its Utility Relocation Work in accordance with the Utility Relocation Plan.
4.2.3 Feasibility Study. PSE will, as soon as practicable after the Effective
Date, conduct a feasibility study to evaluate and analyze the proposed easement areas at planned
final grade of the slope and final grade of the level base, for the installation and operation of
PSE's high pressure natural gas lines and related infrastructure (the "Feasibility Study "). PSE
shall use good faith efforts to complete the Feasibility Study no later than forty -five (45) days
following the Effective Date. PSE shall have fifteen (15) days following its receipt of the final
Feasibility Study to provide written notice to Segale and the City of its rejection of the Eastern
Parcel Northern Alignment and its request that Segale grant PSE the Alternative South 178th
Street Utility Easement. In the event PSE rejects the Eastern Parcel Northern Alignment, Segale
and the City shall have no obligation to grant or consent to the PSE Utility Easement — Eastern
Parcel, the PSE Utility Easement — Segale Parcel (Northern Alignment) or the PSE Utility
Easement — Segale Parcel (Existing Modified Alignment).
4.2.4 Abandonment of Existing Facilities. Upon Cut -over, PSE shall decide, in
its sole discretion, to either abandon in place its existing Utility Infrastructure located on the
Eastern Parcel and/or the Segale Parcel, or remove it within thirty (30) days. Notwithstanding
anything to the contrary contained in this Relocation Agreement, in the event PSE abandons the
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existing Utility Infrastructure in place, Segale and the City jointly and severally indemnify,
defend, release and hold PSE harmless from and against any and all claims, demands, liability,
loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees,
made against them on account of injury, sickness, death or damage to persons or property which
are caused by or arise out of the presence of PSE's Utility Infrastructure on the Eastern Parcel
and/or the Segale Parcel following abandonment. It is further specifically and expressly
understood that the indemnification provided herein constitutes Segale's and the City's waiver of
immunity under the Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification.
4.3 City's Obligations.
4.3.1 PSE Utility Easement — Eastern Parcel. On or before PSE's written
acceptance of the Eastern Parcel Northern Alignment, PSE, in its sole discretion, shall identify
the specific location and alignment of the PSE Utility Easement — Eastern Parcel and notify the
City of such location. The City shall, within ten (10) business days following PSE's written
acceptance of the Eastern Parcel Northern Alignment, or such other time period as City and PSE
mutually agree, grant to PSE the PSE Utility Easement — Eastern Parcel. The easement shall be
in substantially the form of the easement attached hereto as Exhibit "C ". The City agrees that the
sole consideration for the grant of the PSE Utility Easement — Eastern Parcel shall be PSE's
agreement to the terms and conditions of this Relocation Agreement. The City and Segale
hereby consent to PSE's continued use and maintenance of its existing Utility Infrastructure
located within the Eastern Parcel and Segale Parcel until the Utility Relocation Work is
completed and Service Cut -over has occurred.
4.3.2 Consent to South 178th Street Utility Easement. The City consents to the
grant of the South 178h Street Utility Easement by Segale to PSE attached hereto as Exhibit "D ".
The City further agrees that it shall accept Segale's dedication of the South 178th Street
Improvements subject to PSE's rights set forth in the South 178th Street Utility Easement.
4.3.3 Consent to Alternative South 178th Street Utility Easement. The City
consents to the grant of the Alternative South 178th Street Utility Easement by Segale to PSE in
substantially the form set forth in Exhibit "F ". The City further agrees that it shall accept
Segale's dedication of the South 178th Street Improvements subject to PSE's rights set forth in
the Alternative South 178th Street Utility Easement. Such consent is conditioned upon PSE
compliance with its notice obligations pursuant to Section 4.2.3 of this Relocation Agreement.
4.3.4 Design Review. The City shall not unreasonably withhold or delay its
review and approval of the design and engineering for the Utility Relocation Work.
4.3.5 Regulatory Permit Fees. The City shall, in consideration for PSE's
obligations under this Relocation Agreement, waive all regulatory permit fees imposed by the
City for the Utility Relocation Work.
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4.3.6 Site Access. PSE, its servants, employees, agents, and contractors and
their subcontractors shall have full and unrestricted, but not exclusive, access to the Eastern
Parcel in connection with the Eastern Parcel Relocation Work as is reasonably necessary for PSE
to perform its obligations under this Relocation Agreement; provided, however, this right of
access shall not be deemed to require the City to take any actions or expend any funds to enable
such persons to exercise such rights of access. PSE shall indemnify, defend and hold the City, its
agents, officers, employees, volunteers and assigns harmless from and against any and all claims,
demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs
and attorney's fees, made against that is caused by or arises out of, in whole or in part, PSE's
negligence or willful misconduct while accessing the Eastern Parcel pursuant to this Section
4.3.6, provided that such indemnification shall not extend to injury or damage to the extent
caused by the negligence or willful misconduct of the City, its agents, officers, employees,
volunteers or assigns. It is further specifically and expressly understood that the indemnification
provided herein constitutes PSE's' waiver of immunity under the Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification.
4.3.7 Abandonment of Existing Utility Infrastructure. The City consents to
PSE's abandonment of the existing Utility Infrastructure located within the Eastern Parcel in
conformance with Section 4.2.4.
4.3.8 Title. Notwithstanding anything to the contrary contained herein, any and
all easements to be conveyed pursuant to this Relocation Agreement by the City to PSE shall be
free and clear of all liens, encumbrances and restrictions (other than those liens, encumbrances
and restrictions that are acceptable to PSE in its sole discretion).
4.3.9 Blanket Easement. Within ten (10) business days following the Effective
Date of this Relocation Agreement, the City shall, and shall cause Segale to, grant to PSE an
easement in substantially the form of the easement attached hereto as Exhibit "G" (the "Blanket
Easement "). The City and Segale agree that the sole consideration for the grant of the Blanket
Easement shall be PSE's agreement to the terms and conditions of this Relocation Agreement.
Notwithstanding anything to the contrary contained in the Blanket Easement or this Relocation
Agreement, the Blanket Easement does not provide, and is not intended to provide, PSE with any
rights to continue to operate PSE's existing (as of the Effective Date) Utility Infrastructure
located within the Eastern Parcel after the Service Cut -over.
SECTION 5. PERFORMANCE OF WORK.
5.1 General. The commencement and completion of the Utility Relocation Work and
Segale Work shall be in accordance with the deadlines set forth in this Section 5, excluding time
periods when the planning, design, and work are unavoidably delayed by reasons of Force
Majeure (as defined in Section 9.16) or delayed or extended by reason of a written request by a
Party and approved by the Party with authority under this Relocation Agreement to approve such
request.
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5.2 Eastern Parcel Relocation Work. The Eastern Parcel Relocation Work and the
Eastern Parcel Site Preparation Work shall conform to the following timeline:
5.2.1 Notice — Eastern Parcel Site Preparation Work. Segale shall complete
construction of the Eastern Parcel Site Preparation Work no later than June 1, 2014. Segale shall
give PSE thirty (30) calendar days' notice prior to completion of the Eastern Parcel Site
Preparation Work.
5.2.2 PSE Obligations — Eastern Parcel Relocation Work. Upon the full and
complete performance by the City and Segale of their respective obligations set forth herein, PSE
shall use good faith efforts to (i) commence construction of the Eastern Parcel Relocation Work
and (ii) weather permitting (and subject to factors beyond PSE's reasonable control), work
diligently to complete the Eastern Parcel Relocation Work no later than September 30, 2014. In
the event PSE determines, in its reasonable discretion, that it will be unable to complete the
Eastern Parcel Relocation Work by September 30, 2014, PSE will so notify Segale. In such
event and as soon thereafter as practicable, PSE and Segale shall meet to discuss the
circumstances delaying the completion of the Eastern Parcel Relocation Work and will use good
faith efforts to establish a completion date for the Eastern Parcel Relocation Work.
Notwithstanding anything herein to the contrary, Segale acknowledges and agrees that potential
delays associated with the availability and lead times for certain parts, equipment and materials
necessary for the Eastern Parcel Relocation Work and PSE's budget policies for acquiring such
parts, equipment and/or materials shall not constitute unreasonable delays.
5.3 Utility Relocation Plan.
5.3.1 Within a reasonable time, but in no case later than May 1, 2014, PSE shall
submit to Segale and the City the Utility Relocation Plan.
5.3.2 [Intentionally omitted.]
5.3.3 Modification to Schedule. Segale and the City shall promptly notify PSE
of any events or -circumstances of which they become aware which may impact the Utility
Relocation Plan or the timing or sequencing of the Utility Relocation Work and /or timelines set
forth in this Section 5. PSE will promptly notify Segale and the City of any events or
circumstances of which it becomes aware which may impact the Utility Relocation Plan or the
timing or sequencing of the Utility Relocation Work.
5.3.4 Contractor Coordination. Segale shall schedule a pre- construction
conference with the PSE contractor(s) to discuss the Project. Segale shall cause its contractor to
submit a preliminary progress schedule, weekly look -ahead schedules, and updates to PSE and
the City for the Segale Work. PSE shall cause its contractor to submit a preliminary progress
schedule and updates to Segale and the City for the Utility Relocation Work.
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5.3.5 Coordination. Segale and PSE, and their contractors and subcontractors,
shall use good faith efforts to coordinate their respective obligations to avoid delay, hindrance of,
disruption to or interference with planned and approved work of either Party.
5.3.6 Amendments. Either Party may, at any time, by written request to the
other Party, request changes to schedules to accommodate weather or other unforeseen
conditions that make performance of construction work impossible, Force Majeure events, public
safety concerns, service issues, and any other factors that may impact a parry's performance
hereunder. No request for change will be unreasonably denied or delayed by either Party. A
request for change will be effective and binding upon the Parties only when signed by an
authorized representative of each Party.
5.3.7 Governmental Approvals. Any City design review and approvals provided
for herein are independent of, in addition to, and do not in any way obligate the City with respect
to usual and customary City permitting, code compliance and other regulatory reviews, except
that the City shall use its best efforts to expedite such reviews and approvals. The outcome of
any such regulatory review is independent of and is in no way biased, prejudiced or
predetermined in any way by this Relocation Agreement.
SECTION 6. DISPUTE RESOLUTION.
6.1 Communication and Discussion. The Parties are fully committed to working with
each other throughout the term of this Relocation Agreement and agree to communicate regularly
with each other at all times so as to avoid or minimize Disputes. The Parties agree to act in good
faith to prevent and resolve potential sources of conflict before they escalate into a Dispute. The
Parties each commit to resolving a Dispute in an amicable, professional and expeditious manner.
6.2 Representatives. If a Dispute cannot be resolved through discussions by each
Party's Project Manager, upon the request of a Party, each Party shall each designate a senior
representative ( "Senior Representative "), and the Senior Representatives for the Parties shall
meet as soon as conveniently possible, but in no case later than thirty (30) days after such a
request is made, to attempt to resolve the Dispute. Prior to any meetings between the Senior
Representatives, the Parties will exchange relevant information that will assist the Parties in
resolving the Dispute.
SECTION 7. REMEDIES.
7.1 Remedies. The Parties have the right to seek any and all remedies available at
law, in contract or in equity, singly or in combination, in the event of material breach.
7.2 Remedies Cumulative. Remedies are cumulative. The exercise of one shall not
foreclose the exercise of others. No provision of this Relocation Agreement shall be deemed to
bar a Party from seeking appropriate judicial relief. Neither the existence of other remedies
identified in this Relocation Agreement nor the exercise thereof shall be deemed to bar or
otherwise limit the right of a Party to recover monetary damages, as allowed under applicable
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4841- 8560- 8468.07
law, or to seek and obtain judicial enforcement by means of specific performance, injunctive
relief or mandate, or any other remedy at law or in equity.
7.3 No Waiver. No failure by either Party to insist upon the performance of any of the
terms of this Relocation Agreement or to exercise any right or remedy consequent upon a breach
thereof shall constitute a waiver of any such breach or of any of the terms of this Relocation
Agreement. None of the terms of this Relocation Agreement to be kept, observed or performed
by either Party, and no breach thereof, shall be waived, altered or modified except by a written
instrument executed by the injured Party. No waiver of any breach shall affect or alter this
Relocation Agreement, but each of the terms of this Relocation Agreement shall continue in full
force and effect with respect to any other then existing or subsequent breach thereof. No waiver
of any default of the defaulting Party hereunder shall be implied from any omission by the
injured Party to take any action on account of such default if such default persists or is repeated,
and no express waiver shall affect any default other than the default specified in the express
waiver and then only for the time and to the extent therein stated. One or more waivers by the
injured Party shall not be construed as a waiver of a subsequent breach of the same covenant,
term or condition.
SECTION 8. REPRESENTATIONS AND WARRANTIES.
8.1 City's Representations and Warranties. The City hereby represents and warrants
to the other Parties that it has full statutory right, power and authority to enter into this
Relocation Agreement and perform in accordance with its terms and provisions; that the
individuals signing this Relocation Agreement on behalf of the City have the authority to bind
the City and to enter into this transaction; and that the City has taken all requisite action and steps
to legally authorize the execution, delivery, and performance of this Relocation Agreement.
8.2 PSE's Representations and Warranties. PSE hereby represents and warrants to the
other Parties that it has full power and authority to enter into this Relocation Agreement and
perform in accordance with its terms and provisions; that the individuals signing this Relocation
Agreement on behalf of PSE have the authority to bind PSE and to enter into this transaction;
and that PSE has taken all requisite action and steps to legally authorize the execution, delivery,
and performance of this Relocation Agreement.
8.3 Segale's Representations and Warranties. Segale hereby represents and warrants
to the other Parties that it has full power and authority to enter into this Relocation Agreement
and perform in accordance with its terms and provisions; that the individuals signing this
Relocation Agreement on behalf of Segale have the authority to bind Segale and to enter into this
transaction; and that Segale has taken all requisite action and steps to legally authorize the
execution, delivery, and performance of this Relocation Agreement.
SECTION 9. MISCELLANEOUS.
9.1 Captions. The headings and captions of this Relocation Agreement are for
convenience and reference only and in no way define, limit or describe the scope or intent of this
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4841- 8560- 8468.07
Relocation Agreement nor in any way affect this Relocation Agreement and shall be disregarded
in constructing or interpreting any part of its provision.
9.2 Construction. The Parties hereby acknowledge and agree that each Party was
properly represented by counsel and that this Relocation Agreement was negotiated and drafted
at arms' length so that the judicial rule of construction to the effect that a legal document and any
ambiguities contained therein shall be construed and resolved against the drafting Party shall be
inapplicable in the interpretation of this Relocation Agreement.
The provisions of this Relocation Agreement shall be construed as a whole according to their
common meaning not strictly for or against any part and consistent with the provisions contained
herein in order to achieve the objectives and purposes of this Relocation Agreement.
9.3 Entire Agreement. This Relocation Agreement and any collateral instruments
referenced herein contain the entire agreement between the Parties hereto as to the subject matter
hereof and supersedes all prior discussions and understandings between them. Previous drafts of
this Relocation Agreement or any portions thereof shall not be utilized in any manner by either
Party should any dispute arise as to the intent of this Relocation Agreement.
9.4 Modification of Agreement. This Relocation Agreement may not be amended or
rescinded in any manner except by an instrument in writing signed by a duly authorized officer or
representative of each Party hereto in the same manner as such Party has authorized this
Relocation Agreement. The Parties recognize that circumstances may change and that it may be
in the interest of the Parties to amend this Relocation Agreement from time to time. For this
reason, each of the Parties will consider changes which may be proposed by the other during the
term of this Relocation Agreement.
9.5 Good Faith and Reasonableness. The Parties intend that the obligations of good
faith and fair dealing apply to this Relocation Agreement generally and that no negative inference
be drawn by the absence of an explicit obligation to be reasonable in any portion of this
Relocation Agreement. The obligation to be reasonable shall only be negated if arbitrariness is
clearly and explicitly permitted as to the specific item in question, such as in the case of a Party
being given "sole discretion" or being allowed to make a decision in its "sole judgment."
9.6 Successors and Assigns. This Relocation Agreement shall be binding upon and
inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of
each of the Parties hereto except that there shall be no transfer of any interest by any of the
Parties hereto except pursuant to the express terms of this Relocation Agreement. Any reference
in this Relocation Agreement to a specifically named Party shall be deemed to apply to any
successor, heir, administrator, executor or assign of such Party who has acquired its interest in
compliance with the terms of this Relocation Agreement, or under law.
9.7 Notices. All notices which may be or are requested to be given pursuant to this
Relocation Agreement shall be deemed given when personally delivered, or when deposited in
the United States Mail, postage prepaid, and marked registered or certified mail, return receipt
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requested, and addressed to the Parties at the following addresses unless otherwise provided for
herein:
If to the City:
If to Segale:
If to PSE:
CITY OF TUKWILA
Attn: City Administrator
6200 Southcenter Blvd.
Tukwila, WA 98188
SEGALE PROPERTIES LLC
5811 Segale Park Drive C
Tukwila, WA 98188 (for courier service only)
P.O. Box 88028
Tukwila, WA 98138 -2028 (for mail only)
Attn: Company Counsel
PUGET SOUND ENERGY, INC.
Attn: Julie Kelly
P.O. Box 97034
Bellevue, WA 98009 -9734 (for mail only)
355 110th Ave NE
Bellevue, WA 98004 (for courier service only)
Either Party may change the address to which notices shall be sent by notice to the other
Party.
9.8 Incorporation by Reference. All exhibits and appendices attached hereto at the
time of execution of this Relocation Agreement or in the future as contemplated herein, are
hereby incorporated by reference as though fully set forth herein.
9.9 Execution in Counterparts.
9.9.1 This Relocation Agreement may be executed in any number of
counterparts and by different Parties hereto in separate counterparts, each of which when so
executed shall be deemed to be an original and all of which taken together shall constitute one
and the same Relocation Agreement.
9.9.2 This Relocation Agreement becomes effective upon the Effective Date.
9.10 Severability. If any term, provision, covenant, clause, sentence or any other
portion of the terms and conditions of this Relocation Agreement or the application thereof to
any person or circumstances shall, to any extent, become null, void, invalid or unenforceable, the
remainder of this Relocation Agreement or the application of such term, provision, covenant,
clause, sentence or any other portion of the terms and conditions to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall continue in force and effect to the fullest extent permitted by law, unless rights and
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obligations of the Parties have been materially altered or abridged by such invalidation,
nullification voiding or enforceability.
9.11 Applicable Law; Jurisdiction. This Relocation Agreement shall be interpreted
under and pursuant to the laws of the state of Washington. In the event any action is brought to
enforce any of the provisions of this Relocation Agreement, the Parties agree to be subject to the
jurisdiction in the King County Superior Court for the state of Washington or in the United States
District Court for the Western District of Washington.
9.12 No Joint Venture. It is not intended by this Relocation Agreement to, and nothing
contained in this Relocation Agreement shall, create any partnership, joint venture or other
arrangement between or among the Parties. The Parties intend that the rights, obligations, and
covenants in this Relocation Agreement and the collateral instruments shall be exclusively
enforceable by the Parties, their successors and assigns. No term or provision of this Relocation
Agreement is intended to be, or shall be, for the benefit of any person, firm, organization or
corporation not a Party hereto, and no such other person, firm, organization or corporation shall
have any right or cause of action hereunder, except as may be otherwise provided herein.
9.13 Calculation of Time. All periods of time referred to herein shall include
Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of
any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period
shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the
State of Washington, and except further that "business days" shall not include Saturdays,
Sundays, or legal holidays in the state of Washington.
9.14 Personal Liability; Release. No member, official, or employee of the City shall be
personally liable to PSE or Segale, or any successor in interest or assign, in the event of any
default or breach by the City or for any amount which may become due to PSE or Segale, or their
successors or assigns, or on any obligations under the terms of this Relocation Agreement. Upon
the full and complete performance by the Parties of their respective obligations set forth herein,
the Parties release and forever discharge each other from any past, present or future claims,
demands, liability, loss, cost, damage or expense related to, or arising from, the Amended
Development Agreement and/or the Vacation Ordinance. Notwithstanding the foregoing, this
release shall not apply to: (i) claims which the City or Segale may assert against each other as a
result of the City or Segale's performance of their respective obligations set forth in the
Amended Development Agreement; and (ii) claims under the easements granted to PSE pursuant
to Section 4 of this Relocation Agreement.
9.15 Attorney's Fees. In the event of a suit, action, arbitration, or other proceeding of
any nature whatsoever, including, without limitation, any proceeding under U.S. Bankruptcy
Code, is instituted to interpret or enforce any provision of this Relocation Agreement, or with
respect to any dispute relating to the Relocation Agreement, including, without limitation, any
action in which a declaration of rights is sought or an action for rescission, the prevailing Party
shall be entitled to recover from the losing Party its reasonable attorneys', paralegals,
accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and
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reasonably necessary in connection therewith, as determined by the judge or arbitrator at trial or
arbitration, as the case may be, or on any appeal or review, in addition to all other amounts
provided by law. This provision shall cover costs and attorneys' fees related to or with respect to
proceedings in Federal Bankruptcy courts, including those related to issues unique to bankruptcy
law.
9.16 Force Majeure. Performance by any of the Parties hereunder shall not be deemed
to be in default for any failure or delay in the performance of all or any portion of its obligations
under this Relocation Agreement if such failure or delay is due to any contingency beyond its
reasonable control (a "Force Majeure"). Without limiting the generality of the foregoing, such
contingency includes, but is not limited to, war, insurrection, strikes, lockouts, riots, floods,
earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine
restrictions, freight embargoes, lack of transportation, governmental restrictions or priority,
litigation (including suits filed by third parties concerning or arising out of this Relocation
Agreement), weather or soils conditions which necessitate delays, acts or the failure to act of any
public or governmental entity. The lack of funds or financing of any Party is not a Force Majeure
which will excuse compliance or justify an extension of time under this Relocation Agreement.
9.17 Time of the Essence. In all matters under this Relocation Agreement, the Parties
agree that time is of the essence.
[SIGNATURE PAGE FOLLOWS]
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4841 - 8560- 8468.07
IN WITNESS WHEREOF,
executed this Relocation Agreement as
Puget Sound Energy, Inc.:
BY ,crd,t
the Parties hereto have set forth their signatures and
of the date first written above:
Title: VP C?,r -AoNS
Date: Pe& - 020/1
Segale Properties LLC:
By: Metro Land De
Its: Mans' er
Mar
Title:
Date:
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4841- 8560- 8468.07
CITY OF TUKWILA:
Approved as to Form:
City Attorney
EXHIBIT "A"
(Legal Description of Eastern Parcel)
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.
(A.P.N.: 352304-9008)
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EXHIBIT "B"
(Legal Description of Segale Parcel)
New Parcel D 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, together with
the attached portion of South 178th Street vacated pursuant to City of Tukwila Ordinance No.
2400.
(A.P.N.: 352304-9038)
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4841- 8560- 8468.07
EXHIBIT "C"
(PSE Utility Easement — Eastern Parcel)
(Attached)
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4841 - 8560 - 8468.07
[PSE UTILITY EASEMENT - EASTERN PARCEL]
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
P.O. Box 97034 OBC -11 N
Bellevue, Washington 98009 -9734
HIGH- PRESSURE GAS LINE 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.
Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property
( "Easement Area ") described in Exhibit A attached hereto and incorporated herein.
1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove and upgrade one or more utility systems for purposes of transmission, distribution and
sale of gas. Such systems may include, but are not limited to:
Underground facilities. Pipes, pipelines, high - pressure pipelines, mains, laterals, conduits,
regulators and feeders for gas; 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.
Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct
such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement
Area over and across the Property to enable Grantee to exercise its rights hereunder.
2. Restoration. Following initial installation and /or repair or enlargement of its facilities, Grantee shall
restore, to the extent reasonably practicable, the landscaping or other surfaces or portions of the property (but not
including any buildings or structures) to the condition it was in immediately prior to such work, unless said work is at
the express request of Grantor, in which case Grantor shall be responsible for restoration. All restoration, which is
the responsibility of Grantee, shall be performed as soon as reasonably possible following completion of any work,
and shall be coordinated with Grantor so as to cause the minimum amount of disruption to Grantor's use of the
Property to the extent reasonably possible considering the nature of the work.
3. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose
of any and all brush, trees or other vegetation in the Easement Area that Grantee determines, in Grantee's
reasonable discretion, unreasonably interferes with Grantee's use of the Easement Area. 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 Easement Area.
4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted; provided, however, that Grantor shall not, without Grantee's
prior written consent, (i) if Grantee has facilities within the Easement Area, excavate within the Easement Area; (ii)
construct or maintain any buildings or structures on the Easement Area; or (iii) conduct any blasting within 300 feet
of Grantee's facilities.
5. 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.
6. Successors and Assigns. Grantee shall have the right to assign all of its rights, benefits, privileges
and interests arising in and under this easement to another entity succeeding to Grantee's operations and business.
Grantee hereby acknowledges that it shall not license or delegate any of the rights hereunder to another utility or
entity to use the Easement Area for a different or similar purpose without the prior written consent of Grantor.
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.
7. 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.
8. 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.
9. 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.
10. 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.
[SIGNATURE PAGE FOLLOWS]
DATED this day of , 2014.
Grantor:
SEGALE PROPERTIES LLC, CITY OF TUKWILA,
a Washington municipal corporation
a Washington limited liability company
By Metro Land Development, Inc., Manager
By By
Name Name
Title Title
Grantee:
PUGET SOUND ENERGY, INC.,
a Washington corporation
By
Name Je CT ../4tgaZT -"
Title YP��
STATE OF WASHINGTON
) ss
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as , of , 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 for the uses and
purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf
of said
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
STATE OF WASHINGTON
COUNTY OF
) ss
(Signature of Notary)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
On this day of , 20 , before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as , of , 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 for the uses and
purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf
of said
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
STATE OF WASHINGTON
) ss
COUNTY OF KING )
On this day of , 2014, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as 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)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
Exhibit A
(Legal Description of Easement Area)
A 25.00 FOOT WIDE STRIP OF LAND OVER, UNDER AND ACROSS A PORTION OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF
TUKWILA, KING COUNTY, WASHINGTON, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF NEW PARCEL "C" OF CITY OF TUKWILA BOUNDARY LINE
ADJUSTMENT NO. L 13 -005, AS RECORDED UNDER KING COUNTY RECORDING NO. 20130227900005, SAID
POINT BEING ON THE WESTERLY RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH
11° 55'53 "EAST ALONG SAID MARGIN, ALSO BEING THE EASTERLY LINE OF SAID NEW PARCEL "C ", A
DISTANCE OF 10.49 FEET; THENCE LEAVING SAID EASTERLY LINE AT RIGHT ANGLES ON A BEARING OF
SOUTH 78° 04'07 "WEST 12.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A ", ALSO BEING
THE POINT OF BEGINNING FOR THIS CENTERLINE;
THENCE SOUTH 11° 55'53 "EAST PARALLEL WITH SAID WESTERLY RIGHT OF WAY MARGIN OF
SOUTHCENTER PARKWAY AND ITS EXTENSION THEREOF A DISTANCE OF 308.50 FEET; THENCE
SOUTH 09° 50'27 "WEST 72.91 FEET TO THE TERMINUS OF THIS CENTERLINE.
ALSO BEGINNING AT THE AFOREMENTIONED POINT "A ";
THENCE SOUTH 88° 04'02"WEST 162.59 FEET;
THENCE SOUTH 30° 02'36 "WEST 78.55 FEET;
THENCE NORTH 59° 57'24 "WEST 124.99 FEET;
THENCE SOUTH 86° 59'11 "WEST 167.40 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE
AFOREMENTIONED NEW PARCEL "C ", ALSO BEING THE TERMINUS OF THIS CENTERLINE.
THE SIDELINES OF THIS 25.00 FOOT WIDE STRIP ARE TO BE LENGTHENED OR SHORTENED TO
INTERSECT THE WEST LINE OF SAID NEW PARCEL "C ".
EXCEPT ANY PORTION THEREOF (IF ANY) LYING WITHIN THE RIGHT OF WAY MARGIN OF SOUTHCENTER
PARKWAY EXTENSION.
EXHIBIT "C -1"
(Eastern Parcel Northern Alignment)
(Attached)
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4841- 8560- 8468.07
EXHIBIT "D"
(South 178th Street Utility Easement)
(Attached)
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4841- 8560 - 8468.07
RETURN ADDRESS:
Puget.Sound'Energy, Inc.
Attn::RAN DepartMent (JLA)
PO Box 90888 / EST -06W
;Bellevue; WA 98609
iuiE ill 1111111 I 111111 11111111111
20130823001354
PUGET SOUND EN EAS 79.00
PAGE -001 OF 008
K 3
I08/23/2013
G000NTY12UA5
EASEMENT
11
REFERENCE #:: ORIOJ NAL
GRANTOR: z ; SEGALE PROPERTIES LLG
GRANTEE: .PUGET SOUND ENERGY INC.
SHORT LEGAL: Portions of NW 35- 23 -041and Lots.A & B, Tukwila BLA No. L08 -029
ASSESSOR'S PRORERTy •TAX PARCEL: 3523049013,.352304 -9015, 352304 -9019, 3523049034, 352304-
For and in consideration of "One Dollar ($i.00) and other valuable consideration in hand paid, SEGALE
PROPERTIES LLC, a Washington Iimlted liablltty company (Grantor' herein), hereby grants and conveys to
PUGET SOUND ENERGY, INC., a Washir:yton:torporation ( "Grantee' herein),3or the purposes hereinafter set
forth, a nonexclusive perpetual easement very under,.along,' across;; antr and through the following described real
property ("Property' herein) in King County; Washington: '
SEE EXHIBIT "A" ATTACHED HERETGAND.BY THIS REFERENCE INCOftPCRATED HEREIN.
Except as may be otherwise set forth herein Grantee's ::rights shaH. be exercised'vport,that portion of the'Property •
('Easement Area herein) described and depicted as follows:
•
•
SEE EXHIBIT "B" AND "B -1" ATTACHED HERETO AND .rBY THIS REFERENCE
INCORPORATED HEREIN.
Purpose. 'Grantee shall have the right to use the Easement Area:.to construct, operaite, maintain, repair,
replaceiimprove, and remove and upgrade one or more utility systems for purposes of transmission: distribution and
sale ot:gas and electricity.: Such system may include, but are not limited to:
•
Underground facl.lities. Pipes, pipelines, mains, laterals, conduits, regulato'r's. and feeders for gas;
conduits, lines, Cables, vaults, switches and transformers for electricity; fiber optic cable and other
lanes' 'cables :and facilities for:communications; semi -buried or ground- mounted facilities and pads,
manholes, .refers, ;fixtures, •',attachments and any and all other facilities or appurtenances
necessary °or c'onveriient<to any or all of the foregoing.
Folloi ling the initial cofistructioo'of all or'a.portion of its systems, Grantee may, with Grantor's prior written
consent, such consent. to tie in;itre farm of a City of *Tukwila street use permit, construct such additional facilities as it
may require for such systems: Grantee shall have ..the right of access to the Easement Area over and across the
Property to enable Grantee to exercise its rtghtshereunder:....
2. Restoration. Following initial installation and /or repair or enlargement of its facilities, Grantee shall restore,
to the extent reasonably practicable; the;tandscaping Or other surfaces or portions of the property (but not including
any buildings or structures) to the conditio r it was in immediately prior to such work, unless said work is at the
express request of Grantor, in which case Grantor shall.be responsible -for restoration. All restoration, which is the
responsibility of Grantee, shall be performed as soon as reasonably possible following completion of any work, and
shall be coordinated with Grantor so as°to; cause the minimum amount of dlsniption to Grantor's use of the Property
to the extent reasonably possible considering the nature: of the work.
3. Easement Area Clearing and Maintenance. Grantee shall hove the right to 'cut, remove and dispose of
any and all brush, trees or other vegetation in the Easement Area that Grantee determines, in Grantee's reasonable
discretion, unreasonably interferes with Grantee's use of the.Easement Area. 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 Easement Area
4. Grantor's Use of Easement Area Grantor reserves tfie right to use the'Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Grantor shall not, without Grantee's prior written
consent, (i) if Grantee has facilities within the Easement area, excavate-within the Easernent.Area; (ii) construct or
maintain any buildings or structures on the Easement Area; or (iii) conduct any blasting:within 300 feet of: Grantees .
facilities.
5. Indemnity. To the greatest extent permitted by law, Grantee shall defend, protect'a'rid'indemnify Grantor
and save it harmless from and against any and all losses, costs, claims. suits, liabilities, causes Of action and
expenses of any kind or nature that may be imposed upon or asserted against Grantor ;.(1) arising:from any act,
Segale /178°'
WO# 105073128/107047649
RW- 085488
Page 1 of 8
omission Or negligence of Grantee or Grantee's employees, agents, contractors, guests, invitees or licensees in or
about the Easement Area or Grantor's surrounding property used by Grantee, or (2) arising from those accidents,
injuries: or damages to persons or property, occurring in or about the Easement Area or Grantor's surrounding
property used by Grantee, including such as may be caused by or result from the concurrent negligence of Grantor,
.provided :such claims arise from, are related to or in connection with the rights granted under this Easement,
provided further however, that Grantee shall not be required to indemnify Grantor for that portion of any such liability
attributable to the negligence of Grantor or any other third party; provided, however, that notwithstanding anything to
the. coritraryeontained herein, the rights and obligations set forth in this Section 5 shall not be assignable and shall
not run with the land but shall terminate and be null and void in the event Grantor assigns, transfers or conveys any
of its righfs;.benefits, privileges and/or interests in this easement and /or the Property to any person or entity other
than the City of Tukwila.
6. Successors and Assigns. Grantee.:shail have the right to assign all of its rights, benefits, privileges and
interests arising in and under this easerrient to another entity succeeding to Grantee's operations and business in
the transmission, distribution and saleof electricity. Grantee hereby acknowledges that it shall not license or
delegate any of the rights hereunder to another utility or entity to use the Easement Area for a different or similar
purpose Without the prior written;coilsent of..Grantor. 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.
7. Relocation of.Eacllities..:'In the,event that Grantor requires use of the Easement Area for development of
permanent structure(s), Grantee shall .use:commercially'':reasonable efforts to relocate or reconfigure Grantee's
facilities to accommodate Grantor's regtiested use of Ihef asement Area provided that (I) Grantor agrees to pay all
actual direct and related' indirect costs accumulated in. accordance with the work, (1) such relocation or
reconfiguration will not jeopardise oc impair the reliability or integrity of Grantee's facilities and (iii) the Easement
Area will be amended to provide the rights for thereloc'atertbr reconfigured facilities.
8. 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 writing 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. T is:Easement maybe executed in counterparts, each of which
shall be treated as an original for all purposes and all. executed'courilerparts shall; constitute one agreement.
9. Warranty and Representation of Authority. :The parties each .:represent•to `tile: other that the person or
persons executing this Easement have authority to do so::.arid to bind the parties hereunder. Alt 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.interestsin the Property.:to grant to the
easement rights set forth herein.
10. ;`Attorfey's 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 not suitis commenced.
11. Severabiiity, lnvalidation of any of the provisions contained in this Easement, o/'of the application thereof
to anyperson, by judgment or court order, shall in no way affect any of the other priiviSions thereof or the application
thereof to any other person apd'the.same shall remain in full force and effect.
DATED this
^
O I Clay of. 2013.
GRANTORt' :— '
SEGALE PROPERTIES
a Washington limited liability comp
By Metro Land De
Mark - . Se
GRANTEE:
opment, I onager
gate, Vi' dent
PUGET SOUND ENERGY, INC.,
a Washin. co on
a` -lijai
By:
Jennifer huler, Supervisor Real Estate
Segale / 178th
WOO 105073128 / 1 07047649
RW -085488
Page 2 of 8
. .
STATE OF WASHINGTON
. . .
. ..
:•• OUNTY OF KING
. ' •
•
.. .. ..
- -3/s/4-
On thus • 4.11 day of /11,41/1/1- , 2013, before me, the undersigned, a Notary Public in and for
. .
. . . .
. . . .
the State of Washington, duly comMissioned and swom, personally appeared Mark A. Segale, to me known to be
the persortwho signed as Vice President of Metro Land Development, Inc., Manager of SEGALE PROPERTIES
LIG; the.timited liability company that executed the within and foregoing instrument, and acknowledged said
instrument to he the free and voluntary act and deed of said limited liability company for the uses and purposes
therein Mentioned; and on oath stated that Mark A. Segale was authorized to execute said instrument on behalf of
the limited liability coMpany.
, .
• , ••
. . ..
,,„ .-• IN WITNESS WHEREOF I haVe hereunto set my hand and official seal the day and year first above written.
) ss.
.. •
•
t Me Of No ry
(f. 4- 016. -77),
o ;(Print q(stamp. e of
.3; 11; : NOt Y PUBLJC in,and
04 at (347,7-ir‘,4
/64,.1).4, iitamoss . •
OF wpSN'N My Appointment Expires:
, . .
.........
STATE OF WASHINGTON )
) SS
COUNTY OF KING. )
erz, (
Ar't•./2/l5
tarY)
for the State of Washington, residing
On this : LJ day of
•: 2013, before me, the
undersigned a Notary public in and for the Statef Washington, duly commissioned and sWom, personally
appeared Jennifer .Altschider, to me known to be the person who signed as Stipervisor Real EState, of PUGET
SOUND ENERGY,ANC.,Ahe corporation that executed the within and foregoing instriment, and acknowledged said
instrUmentto be her free and voluntary act and deed and the free and voluntary act anitdead of Said corporation for
the uses ind.,fiurpo*...therein mentioned; and on oath stated that she was authoriied to execute the said
instrument on behalf of said corporation.
• .
. .
IN WITNESS WHEREOF (have :hereunto set my hand and official seal the day and year first above written.
•
„LS' HY4 •::(Signature of Notary)
7
n
pm e olf q
)
. ..
goly4 aos.P., 12 ::: 1: ''''NoTARy PUI,JCbi and for the State of Washington, residing
A 4 6-15-Nle,eir. *. at ...e.A e...- : . • : • .1:i. ,,,,,,,,, --.:. .. .: .- ..1: . f I, ..--. 1 , ...._
il,„,- OF wft4.- - :. ."My Ar;pointinentExpires:: to/-r' f.i 1
Notary seat. text and ail nom:torts must be inside 1* minim .
Segale / 178th
WO # 105073128 / 107047649
RW-085488
Page 3 of 8
Exhibit A
Legal Description of the Property
• PARCEL 352304-9013:
THAT :PORTION OF THE SOUTHEAST'' /. OF THE NORTHWEST ''% OF SECTION 35, TOWNSHIP 23
NORTH, . RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY LINE
;OF SAID SUBDIVISION AT A POINT 657.02 FEET WESTERLY OF THE INTERSECTION OF SAID
SOUTHERLY LINE WITH`THE WESTERLY LINE OF COUNTY ROAD NO. 540 (57TH AVENUE
SOUTH), SAID POINT BEING. THE SOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF
LAND DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 4744487; THENCE
NORTH 16 °21°'00" EAST 831.38 FEET TO THE NORTHWESTERLY CORNER OF SAID CERTAIN
TRACT QF LAND; THENCE SOUTH 87:753'30" EAST 504.80 FEET; THENCE NORTH 60 °47'30" EAST
206.43 FEET TO THE WESTERLY LINE:.OF SAID COUNTY ROAD; THENCE NORTHERLY ALONG
SAID WESTERLY LIN•TO THENORTHERLY LINE OF SAID SUBDIVISION; THENCE WESTERLY
ALONG SAID NORTHERMLINE TO:T 1 NORTHWEST CORNER OF SAID SUBDIVISION; THENCE
SOUTHERLY ALONG THEWESTERLYtINE THEREOF.. TO THE SOUTHWEST CORNER OF SAID
SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF
BEGINNING; EXCEPT•THAT.PORTION.THEREOE DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OFSAID SUBDIVISION; THENCE SOUTH 87 °51'01" EAST, ALONG THE
NORTH LINE OF SAID SUBDIVISION .800 FEETTO.THE TRUE POINT OF BEGINNING; THENCE
SOUTH PERPENDICULAR TO•THE SAID NORTH LINE SAID SUBDIVISION 250 FEET; THENCE
EAST PARALLEL WITH THE SAID NORTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF
COUNTY ROAD NO. 540; THENCE - NORTHERLY :ALONGT.HE SAID WESTERLY LINE OF SAID
COUNTY ROAD TO THE INTERSECTION WITHTHE SAID NORTH LINE OF SAID SUBDIVISION;
THENCE NORTH 87 °51'01" WEST ALONG'SAID NORTH LINE QF SAID:SUBDIVISION 335 FEET,
MORE OR LESS, TO THE TRUE POINT OE BEGINNING; AND EXCEPTTHAT PORTION THEREOF,
DESCRIBED AS FOLLOWS: BEGINNING AT: THESOUTHWEST CORNER.OF'SAID SUBDIVISION;
THENCE NORTH 01°49'45" EAST ALONG THE WEST LINE OF SAID:SUBDIVISIOI3.566.20 FEET;
THENCE NORTH'63 °06'45" EAST 485.45 FEET To. AN IRON:PIPE AT THE:NORTHWESTERLY
CORNER OF SAID CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER
RECORDING NO. 4744487; THENCE SOUTH 18 °30'20"• WESTALONC THE'WESTERLY LINE OF
SAID TRACT 835,35 FEET TO THE SOUTH LINE OF THE SOUTHEAST Y. OF THE NORTHWEST' /.
OF SAID SECTION; THENCE NORTH 87 °56'03" WEST ALONG.SAID SOUTH LINE.:18603 FEET TO
THE POINT OF BEGINNING; AND EXCEPT COUNTY ROADS; S1TUATE;IN THE CITYOF TUKWILA,
COUNTY OF:kING, STATE OF WASHINGTON.
PARCEL 352304:8015:'
•
PARCEL A OF.CITY.OFTUKWILA BOUNDARY LINE ADJUSTMENT NUMBER' L06-024 RECORDED
UNDER RECORDING:NO. 20060913900003; SITUATE IN THE CITY OF TUKWILA;,COUNTY OF KING,
STATE OF WASHINGTON :.
PARCEL'352304- 9019::`
•
THAT PORTION OF-THE:SSOUTHWEST.'/. OF THE NORTHEAST ''% OF THE NORTHWEST Y° OF
SECTION 35, TOWNSHIP 23 NORTH,.fANGE:.4 EAST W.M., LYING SOUTH AND WEST OF P.J.
MUSIEL ROAD (SOUTH 178TH STREET), 'DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNEI2OP'SAID SOUTHWEST 1/4 OF THE. NORTHEAST 'A OF THE NORTHWEST %
OF SAID SECTION; THENCE SOUTH 87°50'57" EAST 28.6.71.FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 23 °27'yy ".E■ST147.13 FEET THENCE SOUTH 87 °50'57" EAST 25
FEET; THENCE NORTH 23 °27'57" EAST 180 FEET, MARE OR LESS, TO A POINT ON THE
SOUTHERLY MARGIN OF SAID PJ. MUSIEL :ROAD; THENCE SOUTH 551 3'03" EAST ALONG SAID
SOUTHERLY MARGIN 195.78 FEET`TNENCE ALONG THE WESTERLY•MARGIN OF SAID MUSIEL
ROAD SOUTH 29 °37'57" WEST 224.57 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE
NORTH 87 °50'57" WEST ALONG SAID SOUTH LINE TO.:THE TRUE•POINP'OF.BEGINNING; EXCEPT
THAT PORTION OF THE SOUTHWEST ''% OF:THE'NORTHEAST'% OF THE NORTHWEST '% OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST,'W;M., DESCRIBED.AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG ,THE SOUTH
LINE THEREOF, SOUTH 87 °50'57" EAST 365.16 FEET; THENCE NORTH 02 °0903 "•EAST'137.09
FEET; THENCE NORTH 23 °27'57" EAST 179.32 FEET TO.THE SOUTHWESTERLY MARGIN OF
SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH 60 "38'Q9" EAST 10.1.1 FEET;
THENCE ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A.CURVETCTHE RIGHT,
HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET,TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE ADISTANCE.OF
70.00 FEET; THENCE SOUTH 21 °38'27" WEST 120.39 FEET; THENCE' NORTH 68 °52'03 ".WEST 70.06
FEET; THENCE NORTH 23 °27'57" EAST 145.00 FEET TO THE TRUE POINT OF BEGINNING; AND`-,
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILABY DEED :RECORDED
UNDER RECORDING NO. 6405581; TOGETHER WITH THOSE PORTIONS OF MUSIEL ROAD`
•
Segale / 178th
WO# 105073128 / 107047649
RW- 085488
Page 4 of 8
(SOUTH:178TH STREET) VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 WHICH
ATTACHED THERETO BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
. PARCEL"352304 -9034:
PARCEL B &OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L06 -029 RECORDED
UNDER RECORDING NO. 20060913900003; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF•:WASIiINGTON.
PARCEL 352304.9090:
THAT PORTION OF THE SOUTHWEST 1/4`OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION, 35,.TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS:
BEGINNING ATTHESOUTHWEST CORNER ,OFSAID SUBDIVISION; THENCE ALONG THE SOUTH
LINE THEREOF SOUTH;87 °50'57" EAST; 365:16 FEET; THENCE NORTH 02 °09'03" EAST 137.09
FEET; THENCE NORTH 23 °2757" EAST 1.79.32 FEET TO THE SOUTHWESTERLY MARGIN OF
SOUTH 178TH.STREET; THENCE ALONG SAID'MARGIN SOUTH 60 °38'09" EAST 10.11 FEET;
THENCE ALONG SAID MARGIN SOUTHEASTERLY ::ALONG THE ARC OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 208.74 FEET, A DISTAF CEOF:10.02 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE OF
70.00 FEET; THENCE SOUTH 21 "38'27" WEST 120.39 FEET; THENCE NORTH 68 °52'03" WEST 70.06
FEET; THENCE NORTH 23 427'57" EAST 145.OQ FEET TO.THE TRUE PAINT OF BEGINNING;
SITUATE IN THE CITY OF TUKWILA:COUNTY OF;KIN.G, STATE OF WASHINGTON.
PARCEL 352304 -9109:
•
THAT PORTION OF THE SOUTHWEST'%OF THE NORTHEAST Y4•:OF;THE NORTHWEST Y OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE4 EAST; M.M., LYING SOUTH AND WEST OF P.J.
MUSIEL ROAD (SOUTH 178TH STREET), DESCRIBED AS FOLLOWS;• BEGINNING AT THE.
SOUTHWEST`CORNER OF SAID SOUTHWEST % OF THE NORTHEAST'Y4 OF THE NORTHWEST 'A
OF SAID SECTION; THENCE NORTH 01° 49' 41" EAST ALONG:THE: WEST. LINE OF. SAIO:>'
SOUTHWEST 1/4,503.47 FEET TO A POINT ON THE SOUTHERLY MARGIN OF SAID Pa MUSIEL
ROAD; THENCE SOUTH 65° 26 33" EAST ALONG SAID SOUTHERLYMAIGIN;74.01 FEET;
THENCE SOUTH. 55° 13' 03" EAST 104.12 FEET; THENCE SOUTH 23° 27' 57" WEST 1$0 FEET;
THENCE:NORTI -f 87° 50' 57° WEST 25 FEET; THENCE SOUTI -I 23° 27' 57 WEST 147.:13 FEET;
THENCE NORTH 87° 50' 57° WEST 286.71 FEET TO THE POINT OF BEGINNINGTOGETHER WITH
THAT PORTION OF SOUTH 187TH STREET, MUSIEL ROAD, AS VACATED BY THE CITY OF
TUKWILA Bl' ORDINANCE NO. 556 AND RECORDED UNDER RECORDING. NO: 6516240 EXCEPT
THAT:PORTIONCONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER
RECORDING NO. 6405508'1' :`SITUATE IN THE CITY OF TUKWILA, COUNTY :OF KING, STATE OF
WASHINGTON.
•
Segale / 178°i
WO# 105073128 / 107047649
RW- 085488
Page 5 of 8
Exhibit B
Legal Description of the Easement Area
EASEMENTAREA NO. 1: NEW SOUTH 178TH STREET RIGHT-OF-WAY — ELECTRIC AND GAS
FACILITIES
••
;A sTRIF oh", OVER, UNDER AND ACROSS THE EAST HALF OF THE NORTHWEST QUARTER
.,•"' OF:SECTION 35JOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M. , CITY OF TUKWILA, KING
COUNTY, WASHINGTON, SAID STRIP»BEJNG DESCRIBED AS FOLLOWS:
. .
•
A 60.90 FOOT WIDE Oki!, OF LAND HAVING 3000 FEET OF SUCH WIDTH ON EACH SIDE OF THE
FOLLOWINGDESCRIBEO CENTERLINErTHE -BEGINNING OF SAID CENTERLINE IS AT A POINT ON
THE CENTERLINE OF SOUTHCENTERPARKWAtEXTENSION AT STATION 125+22.76 AS SHOWN
ON SURVEY RECORDED UNDER KING COUNTYAKQRDING NUMBER 20121130900001, SAID
SURVEY ALSO BEING'THEBASIS OFEIEARINGFOR THIS DESCRIPTION, SAID POINT OF
BEGINNING EQUALS STATION 10+9CIFOR THIS CENTERLINE; THENCE NORTH 42° 13'31°WEST
120.82 FEET TOSTATION11;1-20.4.2, ALSO BEING THE BEGINNING OF A TANGENT CURVE TO THE
RIGHT HAVING A RADIOS OF 750.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF
. .
58° 21'49, AN ARC LENGTH OF 763.98 FEET TO STATION 18+84.80;
THENCE NORTH 16° 08'16" EAST 459.13 FEET TO STATION 23+43.93ALSO BEING THE
BEGINNING OF A TANGENT CURVE TO.THELEFT HAVING ARADIUS OF 510.00 FEET; THENCE
ALONG SAID CURVE THROUGH A.:CENTRAL ANGLE OF 79° 1O'43, ANARC LENGTH OF 704.78
FEET TO STATION 30+48.71; THENCE NORTH 631 02 '?4'; WEST 10663 FEET MORE OR LESS, TO
THE WEST LINE OF THE NORTHEAST QUARTER' OFTHENORTHWEST QUARTER OF SAID
SECTION 35, SAID POINT BEING
•• ,
SOUTH 01° 50'03' WEST 783.58 FEET FRDM'THE N6RTHWEST.CORNEROPTHE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID 35 ,.ALSO BEING THE TERMINUS
OF THIS CENTERLINE;
.•
•:. •
EXCEPT A.NY PORTION THEREOF LYING WITHIN SOUTH 178`" STREET"AND SOOTHCENTER
PARKWAY EXTENSION; •
. .
TOGETHER WITHTHAT PORTION THEREOF LYING NORTHEASTERLY OFTHEEASTERLY RIGHT
OF WAY MARGIN OF THE AFOREMENTIONED 60 FOOT WIDE STRIP AND NORTHWESTERLY OF
THENORTHWESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER
PARKWAY,EXTENSION AND SOUTHERLY OF THE FOLLOWING DESCRIBED.I.INE:
BEGINNING ON:THE EASTERLY RIGHT OF WAY MARGIN OF SAID 60 FOOT:WIDE STRIP, SAID
POINT BEING 30 FEET RIGHT OF STATION 10+85.00; THENCE SOUTH 85°."56'51:r EAST 19.32 FEET,
MORE °RIESS, TO THE NORTHWESTERLY RIGHT OF WAY MARGIN OF SAID •S6UTHCENTER
PARKWAY EXTENSION ANQBEING THE TERMINUS OF THIS LINE.
TOGETHER.WITH 4 12FOOT WIDE STROLYING ADJACENT TO AND WESTERLY OF THE
WESTERLY RIGHTOF WAY MARGIN OF THE AFOREMENTIONED 60.00 FOOT WIDE STRIP, SAID
12.00 FOOT WIDE STRIP.,LIES NORTHERLY OF THE NORTHWESTERLY RIGHT OF WAY MARGIN
OF THE AFOREMENTIONED S6OTHOENTERPARKWAY EXTENSION AND SOUTHERLY OF A LINE
DRAWN FROM STATION 13+84•87, 42 FEET LEFT OF SAID 60.00 FOOT WIDE STRIP CENTERLINE.
ALSO TOGETHER WITH THAT:PORTION THEREOFLYING•SOUTHWESTERLY OF SAID 12 FOOT
WIDE STRIP AND NORTHWESTERLY-OF THE:NORTHWESTERLY RIGHT OF WAY MARGIN OF
SAID SOUTHCENTER PARKWAY EXTENSION AND EAST OF THE. FOLLOWING DESCRIBED LINE:
BEGINNING AT STATION 10+68.21, 42.00FEET LEFTJHENCE SOUTH 09° 2508" EAST 5.84 FEET,
MORE OR LESS, TO THE NORTHWESTERLY RIGHT:OF WAY MAKIN .OF SAID SOUTHCENTER
PARKWAY EXTENSION, ALSO BEING THETERMINI3S OF T.HIS LINE.
.
ALSO TOGETHER WITH THAT PORTION THEREOF LYING WESTERLY OF SAID 60 FOOT WIDE
STRIP AND NORTHERLY AND EASTERLY OPTHE FOLLOWING DESCRIBED LINE, SAID LINE
BEGINNING AT STATION 13+64.87, 30 FEET LEFT; THENCE SOUTH 68° 25.07":WEST 12.00 FEET
TO THE BEGINNING OF A NON-TANGENT CURVETO THE RIGHT, THE RADIAL CENTER OF
WHICH BEARS NORTH 68° 1018° EAST 784.87 FEET; THENCE NORTHE.RLYAL6NG SAID CURVE
THROUGH A CENTRAL ANGLE OF 27° 39'21°, AN ARC LENGTH:OF:378,85 FEET TO A POINT 30.00
FEET LEFT OF STATION 17+26.17 AND BEING THE TERMINUS OF:THIS LINE.
. . .
. . . . •
EASEMENT AREA NO 2: VAULT EASEMENT °K — ELECTRIC AND GAS FACILITIES " • .;•• ......
A STRIP OF LAND 17 FEET WIDE LYING WITHIN A PORTION OF THE SOUTHEAST alJARTER6: •
THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE
W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS,FOLLOWS-.
Segale / 178m
.
WM 105073128 / 107047649
RW-085488
Page 6 of 8 •
A.17.00.FOOT WIDE STRIP LYING ADJACENT TO AND WESTERLY OF THE WESTERLY RIGHT OF
WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS SHOWN ON SURVEY RECORDED
UNDER KING COUNTY RECORDERS NO. 20121130900001 AND LYING BETWEEN STATIONS
:125 +57.57 AND 126 +33.98.
EXCEPT ANY PORTION THEREOF LYING WITHIN EASEMENT AREA NO. 1.
;EASEMENT :AREA NO 3: VAULT EASEMENT "B" - ELECTRIC FACILITIES ONLY
A;15- FOOT:WII E STRIP OF.LAND IN THE. SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M., CITY OF TUKWILA,
KING COUNTY, WASHINGTQN.SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING: AT A POINT QN THE CENTERLINEOF SOUTHCENTER PARKWAY EXTENSION AT
STATION 125+:22.76 AS SHOWN ON SIRItEY RECORDED UNDER KING COUNTY RECORDERS
NO 20121t30500061vSAID ''SURVEY,ALSO BEING THEBASIS OF BEARING FOR THIS
DESCRIPTION; THENCE NORTH 42 °t3'31" WEST 420,,62 FEET TO THE BEGINNING OF A TANGENT
CURVE TO THE HAVING A'RADIJJS OF; '50.00 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRALANGLE OF 5811'49", ANARC LENGTH OF 763.98 FEET; THENCE NORTH
16 °08'19" EAST 135.20 FEET; THENCENORTH:73 °5:1'41" WEST 30.00 FEET TO THE POINT OF
BEGINNING FOR THIS DESCRIPTION THENCE CONTINUING NORTH.73 °5141" WEST 15.00 FEET;
THENCE NORTH 16°08'19 "'EAST 60.00 FEETfiHENCE SOUTH 73 °51'41" EAST 15.00 FEET;
THENCE SOUTH 16 °08'19" WEST 60.00 FEET TO'THE POINT QF BEGINNING.
EASEMENT AREA NO 4: VAULT EASEMENT C "•:- ELECTRIC FACILITIES ONLY
A 15 -FOOT WIDE STRIP OF LAND IN THENORTHEAST QUARTER OF THE °NORTHWEST
QUARTER, SECTION 35, TOWNSHIP 23 NORTH RANGE EAST OF THE W.M., CITY OF.TUKWILA,
KING COUNTY, WASHINGTON. SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTERLINE OF .SOUTHCENTER`PARKWAYEXTENSION AT
STATION ,125 +22.76 AS SHOWN ON SURVEY RECORDED UNDER KING COUNTYRECOROERS
NO. 20121130900001, SAID SURVEY ALSO BEING THE BASIS OF BEARWNGFOR.THIS
DESCRIPTION; THENCE NORTH 42 °13'31° WEST 120.82 FEET:TOTHEBEGINNING.OF A TANGENT
CURVET() THE RIGHT HAVING A RADIUS OF 750.00 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 58 °21'49 ", AN ARC LENGTH OF 763.98.FEET; THENCE NORTH
16 °0E09" EAST 4'59.13 FEET TO THE BEGINNING OF A TANGENT CURVETOTHE LEFT HAVING A
RADIUS OF 510:00 FEET;.THENCE ALONG SAID CURVE THROUGH A CEIkITRALANGLE OF
57 °1327".AN ARC LENGTH OF' 509.36 FEET; THENCE SOUTH 48 °54'52" WEST 30.00 FEET TO THE
POINT OFBEGINNING; THENCE CONTINUING SOUTH 48 °54'52° WEST 15.00 FEET TO THE
BEGINNING OF ANON- TANGENT; CURVE TO THE LEFT HAVING THE RADIAL CENTER OF WHICH
BEARS.SOUTH 48°54'527WEST 465.00 FEET; THENCE NORTHERLY ALONG SAID CURVE
THROUGH:A.CENTRAL:ANGLE OF 06 °33`59 ", AN ARC LENGTH OF 53.29 FEET; THENCE NORTH
42 °20'53° EAST 15.00 FEET:O THE BEGINNING OF A NON - TANGENT CURVE TO THE RIGHT THE
RADIAL CENTER OF WHICH BEARS SOUTH 42 °20'53° WEST 480.00 FEET; THENCE SOUTHERLY
ALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 06 °33'59 ", AN ARC LENGTH OF 55.01 FEET
TO THE POINT OF SEGINNING,r'
Segale / 178°i
WO# 105073128/107047649
RW- 085488
Page 7 of 8
Exhibit B-1
Depiction of the Easement Area
P.S.E. VAULT FARMS A,B, AND C
352304034
VAULT FARM VA'
3523049015
Segale / 17e"
WO# 105073128/ 107047649
RW-085488
Page 8 of 8
EXHIBIT "E"
(PSE Utility Easement — Segale Parcel)
(Attached)
-24-
4841 -8560- 8468.07
[PSE UTILITY EASEMENT - SEGALE PARCEL]
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
P.O. Box 97034 OBC -11 N
Bellevue, Washington 98009 -9734
HIGH - PRESSURE GAS LINE EASEMENT
REFERENCE #:
GRANTOR: SEGALE PROPERTIES LLC
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL:
ASSESSOR'S PROPERTY TAX PARCEL: 352304 -9038
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SEGALE
PROPERTIES LLC, a Washington limited liability company ( "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 D 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, together with the
attached portion of South 178th Street vacated pursuant to City of Tukwila Ordinance No. 2400.
Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property
( "Easement Area ") described in Exhibit A attached hereto and incorporated herein.
1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove and upgrade one or more utility systems for purposes of transmission, distribution and
sale of gas. Such systems may include, but are not limited to:
Underground facilities. Pipes, pipelines, high - pressure pipelines, mains, laterals, conduits, regulators
and feeders for gas; 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.
Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct
such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement
Area over and across the Property to enable Grantee to exercise its rights hereunder.
2. Restoration. Following initial installation and /or repair or enlargement of its facilities, Grantee shall
restore, to the extent reasonably practicable, the landscaping or other surfaces or portions of the property (but not
including any buildings or structures) to the condition it was in immediately prior to such work, unless said work is at
the express request of Grantor, in which case Grantor shall be responsible for restoration. All restoration, which is
the responsibility of Grantee, shall be performed as soon as reasonably possible following completion of any work,
and shall be coordinated with Grantor so as to cause the minimum amount of disruption to Grantor's use of the
Property to the extent reasonably possible considering the nature of the work.
3. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose
of any and all brush, trees or other vegetation in the Easement Area that Grantee determines, in Grantee's
reasonable discretion, unreasonably interferes with Grantee's use of the Easement Area. 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 Easement Area.
4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted; provided, however, that Grantor shall not, without Grantee's
prior written consent, (i) if Grantee has facilities within the Easement Area, excavate within the Easement Area; (ii)
construct or maintain any buildings or structures on the Easement Area; or (iii) conduct any blasting within 300 feet
of Grantee's facilities.
5. Indemnity. To the greatest extent permitted by law, Grantee shall defend, protect and indemnify
Grantor and save it harmless from and against any and all losses, costs, claims, suits, liabilities, causes of action
and expenses of any kind or nature that may be imposed upon or asserted against Grantor (collectively, "Claims ")
(1) arising from any act, omission or negligence of Grantee or Grantee's employees, agents, contractors, guests,
invitees or licensees in or about the Easement Area or Grantor's surrounding property used by Grantee or (2) arising
from those accidents, injuries or damages to persons or property, occurring in or about the Easement Area or
Grantor's surrounding property used by Grantee, including such as may be caused by or result from the concurrent
negligence of Grantor, provided that the Claims arise from, are related to or arise in connection with the rights
granted under this Easement; provided further, however, that Grantee's obligations hereunder shall not apply to that
portion of the Claims attributable to the negligence or wilful misconduct of Grantor and /or any third party; provided,
however, that notwithstanding anything to the contrary contained herein, the rights and obligations set forth in this
Section 5 shall not be assignable and shall not run with the land but shall terminate and be null and void in the event
Grantor assigns, transfers or conveys any of its rights, benefits, privileges and /or interests in this Easement and /or
the Property to any person or entity other than the City of Tukwila.
6. Successors and Assigns. Grantee shall have the right to assign all of its rights, benefits, privileges
and interests arising in and under this easement to another entity succeeding to Grantee's operations and business.
Grantee hereby acknowledges that it shall not license or delegate any of the rights hereunder to another utility or
entity to use the Easement Area for a different or similar purpose without the prior written consent of Grantor.
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.
7. 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.
8. 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.
9. 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.
10. 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.
[SIGNATURE PAGE FOLLOWS]
DATED this day of 2014.
Grantor:
SEGALE PROPERTIES LLC,
a Washington limited liability company
By Metro Land Development, Inc., Manager
By
Name
Title
Grantee:
PUGET SOUND ENERGY, INC.,
a Washington corporation
By
Name Z3k tiV( �an�
Title I/? drakraw
STATE OF WASHINGTON
) ss
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as , of , 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 for the uses and
purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf
of said
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
STATE OF WASHINGTON
) ss
COUNTY OF KING )
On this day of , 2014, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as 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)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
Exhibit A
(Legal Description of Easement Area)
A 25.00 FOOT WIDE STRIP OF LAND OVER, UNDER AND ACROSS A PORTION OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF
TUKWILA, KING COUNTY, WASHINGTON, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF NEW PARCEL "C" OF CITY OF TUKWILA BOUNDARY LINE
ADJUSTMENT NO. L 13 -005, AS RECORDED UNDER KING COUNTY RECORDING NO. 20130227900005, SAID
POINT BEING ON THE WESTERLY RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH
11° 55'53 "EAST ALONG SAID MARGIN, ALSO BEING THE EASTERLY LINE OF SAID NEW PARCEL "C ", A
DISTANCE OF 10.49 FEET; THENCE LEAVING SAID EASTERLY LINE AT RIGHT ANGLES ON A BEARING OF
SOUTH 78° 04'07 "WEST 12.50 FEET;
THENCE SOUTH 88° 04'02 "WEST 162.59 FEET;
THENCE SOUTH 30° 02'36 "WEST 78.55 FEET;
THENCE NORTH 59° 57'24 "WEST 124.99 FEET;
THENCE SOUTH 8'b° 59'11 "WEST 167.40 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE
AFOREMENTIONED NEW PARCEL "C ", ALSO BEING THE POINT OF BEGINNING OF THIS CENTERLINE;
THENCE CONTINUING SOUTH 86° 59'11 "WEST 58.99 FEET;
THENCE NORTH 47° 42'55"WEST 75.50 FEET;
THENCE NORTH 62° 10'03 "WEST 281.18 FEET, MORE OR LESS, TO THE NORTHEASTERLY RIGHT OF WAY
MARGIN OF SOUTH 184TH PLACE ALSO BEING THE TERMINUS OF THIS CENTERLINE.
EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY OF SAID SOUTH 184TH PLACE.
THE SIDELINES OF THIS 25.00 FOOT WIDE STRIP ARE TO BE LENGTHENED OR SHORTENED TO
INTERSECT SAID NORTHEASTERLY RIGHT OF WAY MARGIN OF SOUTH 184TH PLACE.
EXHIBIT "E -1"
(Segale Parcel Northern Alignment)
(Attached)
-25-
4841 -8560- 8468.07
GAS EASEMENT
NOT TO SCALE
P.O.B.
EXIST. GAS MAIN
ill
■
WESTERLY LINE 1
PARCEL "C»
GAS EASEMENT
NEW PARCEL C
PARCEL 9008
-o
NEW PARCEL B
PARCEL 9040
EXHIBIT E -1
SEQALE PARCEL NORTHERN AUGMENT
EXHIBIT "E -2"
(Existing Modified Alignment)
(Attached)
-26-
4841 - 8560 - 8468.07
NOT TO SCALE
P.C.B.
PARCEL E
/
NEVIi PARCEL C
VICEL
SOUTH 17
NEW PARCEL B
Legend:
Existing Modif ied Alignment
Exhibit E -2
EXHIBIT "F"
(Alternative South 178t Street Utility Easement)
(Attached)
-27-
4841 -8560- 8468.07
[ALTERNATIVE SOUTH 178TH STREET UTILITY EASEMENT]
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
P.O. Box 97034 OBC -11 N
Bellevue, Washington 98009 -9734
HIGH - PRESSURE GAS LINE EASEMENT
REFERENCE #:
GRANTOR: CITY OF TUKWILA and SEGALE PROPERTIES LLC
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL:
ASSESSOR'S PROPERTY TAX PARCEL:
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 "):
Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property
( "Easement Area ") described as follows:
An Easement Area
centerline described as follows:
feet in width having feet of such width on each side of a
1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove and upgrade one or more utility systems for purposes of transmission, distribution and
sale of gas. Such systems may include, but are not limited to:
Underground facilities. Pipes, pipelines, high - pressure pipelines, mains, laterals, conduits,
regulators and feeders for gas; 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.
Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct
such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement
Area over and across the Property to enable Grantee to exercise its rights hereunder.
2. Restoration. Following initial installation and /or repair or enlargement of its facilities, Grantee shall
restore, to the extent reasonably practicable, the landscaping or other surfaces or portions of the property (but not
including any buildings or structures) to the condition it was in immediately prior to such work, unless said work is at
the express request of Grantor, in which case Grantor shall be responsible for restoration. All restoration, which is
the responsibility of Grantee, shall be performed as soon as reasonably possible following completion of any work,
and shall be coordinated with Grantor so as to cause the minimum amount of disruption to Grantor's use of the
Property to the extent reasonably possible considering the nature of the work.
3. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose
of any and all brush, trees or other vegetation in the Easement Area that Grantee determines, in Grantee's
reasonable discretion, unreasonably interferes with Grantee's use of the Easement Area. 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 Easement Area.
4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted; provided, however, that Grantor shall not, without Grantee's
prior written consent, (i) if Grantee has facilities within the Easement Area, excavate within the Easement Area; (ii)
construct or maintain any buildings or structures on the Easement Area; or (iii) conduct any blasting within 300 feet
of Grantee's facilities.
5. Indemnity. To the greatest extent permitted by law, Grantee shall defend, protect and indemnify
Grantor and save it harmless from and against any and all losses, costs, claims, suits, liabilities, causes of action
and expenses of any kind or nature that may be imposed upon or asserted against Grantor (collectively, "Claims ")
(1) arising from any act, omission or negligence of Grantee or Grantee's employees, agents, contractors, guests,
invitees or licensees in or about the Easement Area or Grantor's surrounding property used by Grantee or (2) arising
from those accidents, injuries or damages to persons or property, occurring in or about the Easement Area or
Grantor's surrounding property used by Grantee, including such as may be caused by or result from the concurrent
negligence of Grantor, provided that the Claims arise from, are related to or arise in connection with the rights
granted under this Easement; provided further, however, that Grantee's obligations hereunder shall not apply to that
portion of the Claims attributable to the negligence or wilful misconduct of Grantor and /or any third party; provided,
however, that notwithstanding anything to the contrary contained herein, the rights and obligations set forth in this
Section 5 shall not be assignable and shall not run with the land but shall terminate and be null and void in the event
Grantor assigns, transfers or conveys any of its rights, benefits, privileges and /or interests in this Easement and /or
the Property to any person or entity other than the City of Tukwila.
6. Successors and Assigns. Grantee shall have the right to assign all of its rights, benefits, privileges
and interests arising in and under this easement to another entity succeeding to Grantee's operations and business.
Grantee hereby acknowledges that it shall not license or delegate any of the rights hereunder to another utility or
entity to use the Easement Area for a different or similar purpose without the prior written consent of Grantor.
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.
7. 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.
8. 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.
9. 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.
10. 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.
[SIGNATURE PAGE FOLLOWS]
DATED this day of , 2013.
Grantor:
SEGALE PROPERTIES LLC, CITY OF TUKWILA,
a Washington limited liability company a Washington municipal corporation
By Metro Land Development, Inc., Manager
By By
Name Name
Title Title
Grantee:
PUGET SOUND ENERGY, INC.,
a Washington corporation
By
Name
Title
STATE OF WASHINGTON
) ss
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as , of , 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 for the uses and
purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf
of said
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
STATE OF WASHINGTON
) ss
COUNTY OF
(Signature of Notary)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
On this day of , 20 , before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as , of , 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 for the uses and
purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf
of said
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
STATE OF WASHINGTON
COUNTY OF
) ss
On this day of , 2014, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as 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)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
EXHIBIT "G"
(Blanket Easement)
(Attached)
-28-
4841- 8560 - 8468.07
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
P.O. Box 97034 OBC -11 N
Bellevue, Washington 98009 -9734
[BLANKET EASEMENT]
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
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.
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.
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 March , 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]
DATED this day of February, 2014.
Grantor:
SEGALE PROPERTIES LLC,
a Washington limited liability company
By Metro Land Development, Inc., Manager
By
Name
Title
Address
Grantee:
PUGET SOUND ENERGY, INC.,
a Washington corporation
By
Name
Title
Address
CITY OF TUKWILA,
a Washington municipal corporation
By
Name
Title
Address
STATE OF WASHINGTON
COUNTY OF
) ss
On this day of , 20 , before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as , of , 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 for the uses and
purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf
of said
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
STATE OF WASHINGTON
) ss
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as , of , 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 for the uses and
purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf
of said
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
STATE OF WASHINGTON
) ss
COUNTY OF KING )
On this day of , 2014, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the person who signed as 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)
(Print or stamp name of Notary)
Notary Public in and for the State of Washington,
residing at
My Appointment Expires:
EXHIBIT "H"
(Eastern Parcel Site Preparation Work)
(Attached)
-29-
4841- 8560 - 8468.07
PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 8 3, TWP. 22 N., R. 4 E., W.M.
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