HomeMy WebLinkAbout1996 - Agreement and Easement for Sanitary Sewer Pipeline - Puget Sound Power & Light Company - 9611080248ORIGINAL
AGREEMENT AND EASEMENT FOR SAFIITARY SEWER PIPELINE
THIS AGREEMENT made this l S day of HC (/E $i
1996 behvean PUGET SOUND POWER LIGHT COMPANY, a Washington
Corporation ('Puger herein). and CITY OF TUKWILA, a Washington municipality
"Grantee herein);
WHEREAS, Puget is the owner of a strip of !and one hundred (100) feet in width
running through the Southwest quarter of Section 24, Township 23 North, Range 4
East, W.M., fling County, Washington, and
WHEREAS, such strip of land is presently owned and orx:npiedby Puget in
connection with Puget's electric utility operations, (said strip being hereafter referred to
as "Puget's Property and
WHEREAS, Grantee desires an easement for sanitary sewer pipeline across
Puget's Property at a location more specifically described as herein below
NOW THEREFORE, in consideration of ten dollars ($10.00) and other gcod and
valuable consideration in hand paid receipt of which is hereby acknowledged, and in
consideration of the performance by Grantee of the convenants, terms and conditions
hereinafter set forth, Puget hereby conveys and quitclaims to Grantee the following
easement:
k A non exclusive perpetual easement over, across, along, in, upon and
under that portion of PugePs Property described in Exhibit "A" attached hereto and by
this reference made a part hereof for the purposes of installing, constructing, operating,
maintaining, removing, repairing, replacing and using eight inch (8] diameter concrete
sanitary sewer pipeline and sanitary sewer manhole and appurtenances thereto (herein
the "Improvements").
The terms `Easement and "Easement Area in this instrument refer to the
easement herein granted on Puget's Property and as described on the attached Exhibit
'A°
This Easement is granted subject to and conditioned upon the following terms,
conditions and convenants which Grantee hereby promises to faithfully and fully
observe and perform.
1. Cost of Construction and maintenance. Grantee shall bear and promptly
pay all costs and expenses of construction and maintenance of the Improvements.
2. Comoliance with Laws and Rules. The Grantee shall construct, maintain
and use the Improvements in accordance with the requirements of Puget, the National
Electrical Safety Code and any statute, order, rule or regulation of any public authority
having jurisdication.
3. Use of the Property by Puget. Grantee's rights herein shall at all times be
subordinate to such rights of Puget as are necessary to preserve and maintain the
capabilities of Pullet's Property to be used for electrical utility purposes, and nothing
herein contained shall prevent or preclude Puget from undertaking construction,
installation and use of any electrical utility facilities within Puget's Property. Puget shall
not be liable to Grantee or to Grantee's employees, agents, or to any other party
benefiting from said Improvements, for loss or injury resulting from any damage or
destruction of the Improvements directly or indirectly caused by Puget's existing or
future use of Puget's Property.
4. Reauired Prior Noliee and Approval of Plans and Specifications. Prior to
any installation, alteration, replacement or removal of the Improvements or any other
major activity by Grantee on PugePs Property, Grantee shall give Pullet written notice
thereof together with preliminary plans and specifications for the same at feast six (6)
months prior to the scheduled commencement of such activity. Puget shall have the
right to require that such plans and specification be modified, revised or othenrise
changed to the extent that the final plans and specifications therefor shall include
provisions for the protection of PugePs facilities, the prevention of hazardous conditions
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
CITY O OF�T UKWILA PUGET SOUND POWER HT 90/11,A.721*
By: 4( W. AAQ By: ��`�/�1.�'
Director Real Estate &Facilities
Its: r /ray r i
By:
Its:
STATE OF WASHINGTON)
)SS
COUNTY OF KING
;ttry. o :sue FO7U,.-
s
On this f day of NC- c c 19 '7. before me, a
2 Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared ARNOLD J. TOMAC. to me known to be the person who signed as
O DIRECTOR REAL ESTATE FACILITIES of PUGET SOUND POWER LIGHT
COMPANY. the Corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
P1 Corporation, for the uses and purposes therein mentioned: and on oath stated that he
was authorized to execute the said instrument on behalf of said Corporation.
IN WITNESS WHEREOF. I have hereunto set my hand and official seal the day
and year first above written.
Print Name: i-- fC
Notary Public in and for the State of Washington,
Residing at L
My appointment expires /C- 9 �S
6
liat
County of Kina and recorded under Auditors File No. 7711100684 and Agreement and
Easement For Roadway to Whitney Bros. and to Industrial Crating and Packing. Inc.
Puget does not warrant title to its property and shall not be liable for defects thereto or
failure thereof.
22. Notices. Unless otherwise provided herein, notices required to be in
Writing under this Agreement shall be given as follows:
If to Puget:
If to Grantee:
Puget Sound Power Light Company
Real Estate Department OBC -1 1 N
P.O. Box 97034
Bellevue, WA 98009 -9734
Director Public Works
City of Tukwila
6300 Southcenter Blvd.
Tukwila, WA 98188
Notices shall be deemed of �ecive, if mailed, upon the second day following
deposit thereof in the United States Mail, postage prepaid, certified or registered mail,
return receipt requested, or upon delivery thereof if othenviso given. Either party may
change the address to which notices may be given by giving notice as above provided.
23. Assignment. Grantee shall not assign its rights hereunder. No
assignment of the privileges and benefits accruing to Grantee herein, and no
assignment of the obligations or liabilities of Grantee herein, whether by operation of
law or otherwise, shall be valid without the prior written consent of Puget.
24. Successors. Tne rights and obligations of the parties shall inure to the
benefit of and be binding upon their respective successors and assigns.
25. Lability. In the event of any assignment of the rights hereunder, the
liability of Grantee and its assignees shall be 'Dint and several.
14. Termination for Cessation of Use. In the event Grantee ceases to use the
Improvements for the period of five (5) successive years, this Agreement and all
Grantee's rights hereunder shall terminate and revert to Puget.
15. Release of Imorovements on Termina5on. No termination of this
Agreement shall release Grantee from any liability or obligation with respect to any
matter occurring prior to such termination, or shall such Termina5on release Grantee
from its obligation and liability to remove the Improvements from Puger s Property and
restore the ground.
16. Removal of Imorovements on Termina5on. Upon any termination of this
Agreement, Grantee shall promptiy remove from Easement Area its Improvements and
restore the ground to the condition now existing or, in the alternative, take such other
mutually agreeable measures to minimize the impact of the Improvements on Puget's
Property. Such work, removal and restoration shall be done at the sole cost and
expense of Grantee and in a manner satisfactory to Puget. In case of failure of Grantee
to so remove its Improvements, restore the ground or take such other mutually agreed
upon measures, Puget may, after reasonable notice to Grantee, remove Grantee's
Improvements, restore the ground or take such measures at the expense of Grantee,
and Puget shall not be liable therefor.
17. Third Party Rights. Puget reserves all rights with respect to its property
including, without limitation, the right to grant easements, licenses and permits to others
subject to the rights granted in this Agreement.
18. Release and Indemnity. Grantee does hereby release, indemnify and
promise to defend and save harmless Puget from and against any and all liability, loss,
cost, damage, expense, actions and claims including costs and reasonable attorney's
fees incurred by Puget in defense thereof, asserted or arising directly or indirectly on
account of or out of (1) acts or omissions of Grantee and Grantee's servants agents
employees, and contractors in the exercise of the rights granted herein, or (2) acts and
omissions of Puget in its use of Puget's Property which affect Grantee's employees,
agents, contractors, and other parties benefiting from said Improvements; provided,
however, this paragraph does not purport to indemnify Puget against liability for
damages arising out of bodily injury to persons or damage to property caused by or
resulting from the sole negligence of Puget or Puget's agents or employees.
19. Insurance. Prior to Grantee's construction actMties or other substantial
activities on Puget's Property under the rights provided herein, Grantee shall submit to
Puget evidence that the Grantee or Grantee's contractors has obtained comprehensive
general liability coverage naming Puget as an additional insured (including broad form
contractual liability coverage) satisfactory to Puget with limits no less than the following:
Bodily Injury Liability, includino 62,000.000
automobile bodily injury liability each occurrence
Property Damage Liability, including $2,000,000
automobile property damage liability each occurrence
Said evidence shall be submitted on Puget's Certificate of Insurance standard
form (which form Puget shall provide upon request) or such other form as Puget may
from time to time approve.
Said coverage shall be maintained by Grantee or Grantee's contractors during
the period when such activities take place.
20. Taxes and Assessments. Grantee shall promptly pay or reimburse Puget
for any taxes andior assessments levied as a result of this Agreement or relating to the
Grantee's Improvements constructed pursuant to this Agreement.
21. Title. The rights °ranted herein are subject to permits, leases, licenses
and easements, if any, heretofore granted by Puget affecting the property subject to this
Agreement including, but not limited to, the Recreational Easement granted to the
For the purpose of this paragraph, 'cosr shall be defined as all direct or assignable cost
of materials, labor and services including overhead, in accordance with charges for
transportation of men, material, and equipment, storage expense of material and rental
of equipment.
10. Access. The Grantee shall design, construct, maintain and use its
Improvements in such fashion as to permit reasonable and continuous access along
Puget's Property in all directions, and in such fashion as to accommodate and support
vehicular travel over and across the Improvements, including travel by cranes and
trucks with heavy loads. Grantee shall at all times keep PugePs Property free and clear
of all obstructions and equipment. If requested by Puget, the Grantee shall make
provisions for continued access by Puget along PugePs Property during construction of
the Improvement.
11. Inspectors. Puget may appoint one or several Puget representatives who
shall serve as inspectors to oversee all work to be performed by Grantee on PugePs
Property. Grantee shall not carry on any work unless it has given such notice to Puget
as may be reasonable in the circumstances so as to allow for the presence of such
inspector or inspectors. Grantee and Grantee's contractors shall promptly and fully
comply with all orders and directions of PugePs inspectors, including without limitation,
ceccation of work, and Grantee's construction contracts shall so provide. Grantee shall
promptly pay Puget s charge for such inspectors.
12. Contiict with Future Installation of Puoet In the event that it should
become necessary for Puget to install additional electric utility facilities or otherwise use
PugePs Property and if, in the sole judgment of Puget, the location, existence and use of
the Improvement interferes with such installation or use to the extent that it is
impracticable or substantially more expensive to accomplish such installation or use, or
that such installation or use may pose a hazard because of the location, existence or
use of the Improvements, Grantee shall have the obligation to either, in Grantee's sole
discretion (a) protect, modify or relocate the Improvements at the cost and expense of
Grantee, so as to remove the interference or hazard to Puget's satisfaction, or (b) to
reimburse Puget for its added costs of design, construction and installation to avoid
such interference or hazard In the event Puget intends to undertake any such
construction, Puget shall give Grantee reasonable advanced written notice of such
intention together with preliminary plans and specifications for such work, identifying the
potential interference or hazard and all design information relating thereto. In no event
shall such notice and plans be required to be given more than six months prior to the
scheduled commencement of work.
Within one month after receiving such notice from Puget. Grantee shall eve
written notice to Puget by which notice Grantee will elect to (a) protect, modify or
relocate the Improvements, or (b) reimburse Puget for its said added costs. If the
Grantee elects to protect, modify or relocate the Improvements it shall commence work
promptly and diligently prosecute such work to completion prior to the scheduled date of
commencement of Puget's construction. If Grantee elects to pay Puget's added costs,
Grantee shall give Puget satisfactory assurance of payment of such costs at the time
such notice of election is given. If Grantee does not so elect one of the above
described options by awing Puget the required notice, Puget shall be entitled to make
such an election on behalf of Grantee. Grantee agrees that this election shall be binding
upon Grantee and have the same effect as if made byGrantee. If Puget so elects
option (a) described herein or if Grantee elects option (a) and fails to commence and
prosecute its work as contemplated herein, Puget may, add its option, undertake such
work on behalf of Grantee as Puget deems necessary pursuant to option (a) and
Grantee shall promptly pay Puget for all costs incurred by Puget in performing such
work. Puget's costs reimbursable under this paragraph are defined as in paragraph 9
herein.
13. Termination for Breach. In the event Grantee breaches or fails to perform
or observe any of the terms and conditions herein, and fails to cure such breach or
default within ninety (90) days of PugePs giving Grantee written notice thereof, or within
such other period of time as may be reasonable in the circumstances, Puget may
terminate Grantee's rights under this Agreement in addition to and not in limitation of
any other remedy of Puget at law or in equity, and failure of Puget to exercise such right
at any time shall not waive Pugcs right to terminate for any future breach or default.
3 1:323
and minimum interruption to PugeYs ull iy operations. No such activity shall be
commenced without Puget's prior written approval of the plans and specifications
therefor and all changes or amendments thereto, which approval shall not be
unreasonably enthhe!d. Notwithstanding the foregoing, in the event of any emergency
requiring immediate action by Grantee for protection of the Improvements, persons or
property, Grantee may take such action upon such notice to Puget as is reasonable
under the circumstances.
Nothing herein shall be deemed to impose any duty or obligation on Puget to
determine the adequacy or sufficiency of the Grantee's plans and specifications, or to
ascertain whether Grantee's construction is in conformance v,ith the pans and
specifications approved by Puget.
5. As -Built Survey. Upon Puget's request, Grantee shall promptly provide
Puget with as -built drawings and survey showing the location and elevations of the
Improvements on PugeYs Pro
6. Grantee's Use and Activities. Grantee shall exercise its rights under this
Agreement so as to minimize and avoid, insofar as possible, interference with the use
by Puget of its Property for electric utility purposes and shall at all times conduct its
activities on the Easement Area so as not to interfere with, obstruct or endanger Pugeis
operations or facilities. Grantee shall install the Improvements and conduct any other of
its substantial activities on Puget's Property as may be communicated to Grantee by
Puget for the purpose of protecting Puget's facilities, preventing hazardous conditions
and minimizing interruptions to Puget's utility operations.
7. Coordination of Activities. Grantee shall give at least 30 days advance
written notice of the proposed dates of its construction, repair and maintenance
activities on Puget's property to PugeYs South King Division office (presently
headquartered at 66th Avenue South, Kent, Washinoton 98032), or such other division
office of Puget as Puget may from time to time designate. Grantee shall cooperate in
the revision of such dates and'or the coordination of its activities with those of Puget's if
deemed necessary by Puget to minimize conflicts, insure protection to each parties
facilities, prevent hazardous conditions, or minimize interruption of PugeYs operations.
Provided, however, that in the event of an emergency requiring immediate action by
Grantee for the protection of its improvements or other persons or property, Grantee
may take such action upon such notice to Puget as is reasonable under the
circumstances.
8. Work Standards. All work to be performed by Grantee on Puget's
Property shall be designed and constructed so as to withstand the consequences of any
short circuit of any of Puget's electric facilities now or hereafter installed on the
Property. All work to be performed by Grantee on Puget's Property shall also be in
accordance with the plans and specifications submitted to an approved by Puget and
shall be completed in a careful and workmanlike manner to Pugeis satisfaction, free of
claims or liens; however, nothing herein shall be deemed to impose a duty or obligation
on Puget with respect to the sufficiency thereof. Without limitation to the foregoing,
Grantee shall exercise the utmost caution when conducting its activities in the vicinity of
any of Purist's energized power lines in order to preveht any contact therewith. Upon
completion of such work Grantee shall remove all debris and restore the ground surface
as nearly as possible to the condition in which it was at the commencement of such
work, and shall replace any property corner monuments which were disturbed or
destroyed during construction. Grantee shall also pay to Puget all of Puget's costs
necessary to re- establish destroyed survey references and hubs established by Puget
in conjunction with any survey for new facilities on PugeYs Properly.
9. Changes and Repairs to Puoets Facilities. Grantee shall promptly to
Puget the cost of any relocation, alteration, restoration and other changes or repairs to
Puget's facilities which Puget shall reasonably deem necessary by reason of the
construction, use and maintenance of the Improvements or other activities of Grantee
on Puget's Property. Without limitation to the foregoing, Grantee shall promptly pay to
Puget the cost of temporary raising of vrires and the realignment or strengthening of
power poles or towers made necessary by Grantee's activities pursuant to this
Agreement. If Puget so requests, Grantee shall provide assurance of payment
satisfactory to Puget prior to PugeYs commencement of such work. Puget shall
accomplish such changes or repairs, subject to the availability of labor and materials.
2 113_3
AGREEMENT AND EASEMENT FOR SANITARY SEWER PIPELINE
PUGET SOUND POWER LIGHT COMPANY TO
CITY OF TUKWILA
EXHIBIT "A"
A fifteen foot (151 strip of lend seven and a half (7.5) feet on each side of the follovring
described centerline:
Commencing at the intersection of the North margin of South 156th Street, extended
Easterly, as established by the City of Tukwila Ordinance No. 1463 with the Westerly
margin of Puget Sound Power Light Company's 100 foot wide right-of-way formerly
the Seattle and Tacoma Puget Sound Electric Railroad right -of -way;
Thence Northwesterly along said railroad right -of -way in a curve to the left, whose
center bears South 71'15'14' West, radius of 1098.53 feet, an are length of 99.08 feet
to the TRUE POINT OF BEGINNING of the herein described line;
Thence North 66`2018' East, a distance of 100.00 feet, more or less, to the Easterly
margin of said Puget Sound Power Light Company's right-of -way, to the terminus of
the herein described line.
7 u.o
SENT BY :OBC -11N REAL. ESTATE 3- 6 -96 1 :14PM PUGEf POWER 81 -3519
STR /AL CRATING
VM
cy
in
co
.n
2064313665:= 2/ 2
SEA TILE--
1 00-g I
p