HomeMy WebLinkAbout2002 - Agreement and Easement - Puget Sound Energy - 20020708001547Return Address:
CITY OF TUKWII.A
Bob Baker, CMC,
Deputy City Clerk
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433 -1800
Parties: City of Tukwila
Other: Puget Sound Energy, Inc.
Assessor's Property Tax Parcel 362304 9035 -07
20020708001547
TUKUILR RG 27.00
PAGE 001 OF 009
07/08/2002 15:44
KING COUNTY, WA
CITY OF TLTKWILA
DOCUMENT RECORDING
COVER SHEET
Document Title(s): Agreement and Easement for telephone, water pipeline, slopes and
retaining wall
Legal Description: That portion of Puget Sound Energy's 100 foot wide fee owned
right of way located in the East'/ of the Northwest'/ of
Section 36, Township 23 North, Range 4 East, W.M., King
County, Washington: NW 36-23-4
When Recorded Return To:
Puce! Sound Energy, Inc.
Corp: ate Faa:ftes Daacriment, 030-1iN
P.O. Box 97034
Be."=_vve, WA 98009 -9734
Attn: W. Bressler
PUGET
SOUND
ENERGY
AGREEMENT AND EASEMENT FOR TELEPHONE, WATER PIPELINE, SLOPES
AND RETAINING WALL
REFERENCE:
GRANTOR: Puget Sound Energy, Inc.
GRANTEE: City of Tukwila
LEGAL DESCRIPTION: NW 36 -23-4
ASSESSOR'S PROPERTY TAX PARCEL:362304- 9035 -07
THIS AGREEMENT made this _:Z. day of i -i.-:. 2 ribehreen
PUGET SOUND ENERGY, INC., a Washington corporatidn ('PSE' herein), and CITY
OF TUKWILA, a municipality of the State of Washington ('Grantee° herein);
WHEREAS, PSE is the owner of a strip of land one hundred (100) feet in width running
through the Northwest Quarter of Section 36, Township 23 North, Range 4 East, W.M.
King County, Washington; and
WHEREAS, such strip of land is presently ovmed and occupied by PSE in
connection with PSE's utility operations, (said strip being hereafter referred to as 'PSE's
Property); and
WHEREAS, Grantee desires an easement for telephone, water pipeline, slopes
and retaining wall across PSE's Property at a location more specifically described
herein below; ,�I� r
Oana.�,�a c d Fla_ fia.st4.t I sc .00
NOW THEREFORE, in consideration of Tee.-Be 3) and other good
and valuable consideration in hand paid receipt of which is hereby acknowledged, and
in consideration of the performance by Grantee of the covenants, terms and conditions
hereinafter set forth, PSE hereby conveys and quitclaims to Grantee the following
easement:
A. A nonexclusive perpetual easement over, across, along, in, upon and under
that portion of PSE's Property described in Exhibit' A° aftached hereto and by this
reference made a part hereof for the purposes of installing, constructing, operating,
maintaining, removing, repairing, replacing and using a underground telephone line,
twelve (12) inch diameter ductile iron water pipeline, slopes and concrete retaining wall
maximum of three (3) feet high and twenty five (25) feet long and appurtenances
thereto (herein the `Improvements').
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The terms 'Easement' and °Easement Area in this instrument refer to the
easement herein granted on PSE's Property and as descdbed on the attached Exhibit
'A°
This Easement is granted subject to and conditioned up-on the following terms,
conditions and covenants which Grantee hereby promises to faithfully and fully observe
and perform.
1. Cost of Construction and Maintenance. Grantee shall bear and
promptly pay all costs and expenses of construction and maintenance of the
Improvements.
2. Compliance with Laws and Rules. The Grantee shall construct,
maintain and use the Improvements in accordance with the requirements of PSE, the
National Electric Safety Code and any statute, order, rule or regulation of any public
authority having jurisdiction.
3. Use of PSE's Property by PSE. Grantee's rights herein shall at all times
be subordinate to such rights of PSE as are necessary to preserve and maintain the
capabilities of PSE's Property to be used for utility purposes, and nothing herein
contained shall prevent or preclude PSE from undertaking construction, installation and
use of any utility facilities within PSE's Property. PSE 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 PSE's existing or future use of PSE's
Property.
4. Required Prior Notice and Approval of Plans and Specifications. Prior
to any installation, alteration, replacement or removal of the Improvements or any other
major activity by Grantee on PSE's Property, Grantee shall give PSE ;written notice
thereof together with preliminary plans and specifications for the same at least sixty (60)
days prior to the scheduled commen of such activity. PSE shall have the right
to require that such plans and specifications be modified, revised or otherwise changed
to the extent that the final plans and specifications therefor shall include provisions for
the protection of PSE's facilities, the prevention of hazardous conditions and minimum
interruption to PSE's utility operations. No such activity shall be commenced without
PSE's prior written approval of the plans and specifications therefor and all changes or
amendments thereto, which approval shall not be unreasonably withheld.
Notwithstanding the foregoing, in the event of any emergency requiring immediate
action by Grantee for protection of the Improvements, persons or property, Grantee
may take such action upon such notice to PSE as is reasonable under the
circumstances.
Nothing herein shall be deemed to impose any duty or obligation on PSE to
determine the adequacy or sufficiency of the Grantee's plans and specfictions, or to
ascertain whether Grantees construction is in conformance with the plans and
specifications approved by PSE.
5. As -Built Survey. Upon PSE's request, Grantee shall promptly provide
PSE with as -built drawings and survey showing the location and elevations of the
Improvements on PSE's Property.
6. Grantee's Use and Activities. Grantee shall exercise its rights under
this Agreement so as to minimize and avoid, insofar as possible, interference with the
use by PSE of PSE's Property for utility purposes and shall at all times conduct its
activities on the Easement Area so as not to interfere with, obstruct or endanger PSE's
operations or facilities. Grantee shall install the Improvements and conduct any other
of its substantial activities on PSE's Property as may be communicated to Grantee by
PSE for the purpose of protecting PSE's facilities, preventing hazardous conditions and
minimizing interruptions to PSE's utility operations.
7. Coordination of Activities. Grantee shall give at least thirty (30) days
advance written notice of the proposed dates of its construction, repair and
maintenance activities on PSE's Property to PSE's Division
office (presently headquartered at Washington), or such other
division office of PSE as PSE may from time to time designate. Grantee shall
cooperate in the revision of such dates andfor the coordination of its activities with
those of PSE's if deemed necessary by PSE to minimize conflicts, insure protection to
each parties facilities, prevent hazardous conditions, or minimize interruption of PSE's
operations. Provided, however, that in the event of an emergency requiring immediate
action by Grantee for the protection of its Improvements or other persons or property,
Grantee may take such action upon such notice to PSE as is reasonable under the
circumstances.
8. Work Standards. All work to be performed by Grantee on PSE's
Property shall be designed and constructed so as to withstand the consequences of
any short circuit of any of PSE's electric facilities now or hereafter installed on PSE's
Property. All work to be performed by Grantee on PSE's Property shall also be in
accordance with the plans and specifications submitted to and approved by PSE and
shall be competed in a careful and workmanlike manner to PSE's satisfaction, free of
claims or liens; however, nothing herein shall be deemed to impose a duty or obligation
on PSE with respect to the sufficiency thereof. Without limitation to the foregoing,
Grantee shall exercise the utmost caution when conducting its acti•rties in the vicinity of
any of PSE's energized utility lines in order to prevent any contact therewith. Upon
completion of such work Grantee shall remove all debris and restore the ground surface
as nearly as possible to the condition in which it was at the commencement of such
In work, and shall replace any property corner monuments which were disturbed or
destroyed during construction. Grantee shall also pay to PSE all of PSE's costs
necessary to re- establish destroyed survey references and hubs established by PSE in
Q conjunction with any survey for new facilities on PSE's Property.
9. Changes and Repairs to PSE's Facilities. Grantee shall promptly pay
to PSE the cost of any relocation, alteration, restoration and other changes or repairs to
PSE's facilities which PSE shall reasonably deem necessary by reason of the
construction, use and maintenance of the Improvements or other activities of Grantee
on PSE's Property. Without limitation to the foregoing, Grantee shall promptly pay to
PSE the cost of temporary raising of wires and the realignment or strengthening of
power poles or towers made necessary by Grantee's activities pursuant to this
Agreement. If PSE so requests, Grantee shall provide assurance of payment
satisfactory to PSE prior to PSE's commencement of such work. PSE shall accomplish
such changes or repairs, subject to the availability of labor and materials. For the
purpose of this paragraph, 'cost' shall be defined as all direct or assignable costs of
materials, labor and services including overhead, in accordance with charges for
transportation of men, material, and equipment, storage expense of material and rental
of equipment.
10. Access. The Grantee shall design, construct, maintain and use its
Improvements in such fashion as to permit reasonable and continuous access along
PSE'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 PSE's Property free and clear
of all obstructions and equipment. If requested by PSE, the Grantee shall make
provisions for continued access by PSE along PSE's Property during construction of the
Improvements.
11. Inspectors. PSE may appoint one or several PSE representatives who
shall serve as inspectors to oversee all work to be performed by Grantee on PSE's
Property. Grantee shall not carry on any work unless it has given such notice to PSE
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 PSE's inspectors, including without limitation,
cessation of work, and Grantees construction contracts shall so provide. Grantee shall
promptly pay PSE's charge for such inspectors.
12. Conflict with Future Installations of PSE. In the event that it should
become necessary for PSE to install addithonal utility systems for purposes of
transmission, distribution and sale of gas, electricity, communications and other network
commodities or services or otherwise use PSE's Property and if in the sole judgment of
PSE, the location, existence and use of the Improvements interferes vrith 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 PSE's satisfaction, or (b) to reimburse PSE for its added costs of design,
construction and installation to avoid such interference or hazard In the event PSE
intends to undertake any such construction, PSE shall give Grantee reasonable
advance written notice of such intention together v.ith 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 PSE, Grantee shall give
written notice to PSE by which notice Grantee will elect to (a) protect, modify or relocate
the Improvements, or (b) reimburse PSE 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 w ork to completion prior to the scheduled date of
commencement of PSE's construction. If Grantee elects to pay PSE's added costs,
Grantee shall give PSE satisfactory assurance of payment of such costs at the lime
c such notice of election is given. If Grantee does not so elect one of the above-
described options by giving PSE the required notice, PSE shall be entitled to make
such an election on behalf of Grantee, Grantee agrees that this election shall be
binding upon Grantee and have the same effect as if made by Grantee. If PSE so
R elects option (a) described herein or if Grantee elects option (a) and fails to commence
and prosecute its work as contemplated herein, PSE may, at its option, undertake such
work on behalf of Grantee as PSE deems necessary pursuant to option (a) and
Grantee shall promptly pay PSE for all costs incurred by PSE in performing such work.
PSE'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 PSE's giving Grantee written notice thereof,
or within such other period of time as may be reasonable in the circumstances, PSE
may terminate Grantee's rights under this Agreement in addition to and not in limitation
of any other remedy of PSE at law or in equity, and the failure of PSE to exercise such
right at any time shall not waive PSE's right to terminate for any future breach or
default.
14. Termination for Cessation of Use. In the event Grantee ceases to use
the Improvements for a period of five (5) successive years, this Agreement and all
Grantee's rights hereunder shall automatically terminate and revert to PSE.
15. Release of Improvements on Termination. No termination of this
Agreement shall release Grantee from any liability or obligation with respect to any
matter ()mining prior to such termination, nor shall such termination release Grantee
from its obligation and liability to remove the Improvements from PSE's Property and
restore the around.
16. Removal of Improvements on Termination. Upon any termination of
this Agreement, Grantee shall promptly remove from the Easement Area its
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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 PSE's Property. Such work, removal and restoration shall be done at
the sole cost and expense of Grantee and in a manner satisfactory to PSE. In case of
failure of Grantee to so remove its Improvements, restore the ground or take such other
mutually agreed upon measures, PSE, may, after reasonable notice to Grantee,
remove Grantee's Improvements, restore the ground or take such measures at the
expense of Grantee, and PSE shall not be liable therefor.
17. Third Party Rights. PSE reserves all rights vrth 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 PSE from and against any and all liability, loss,
cost, damage, expense, actions and claims, including costs and reasonable attorneys
fees incurred by PSE 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 PSE in its use of PSE'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 PSE against liability for
damages arising out of bodily injury to persons or damage to property caused by or
resulting from the sole negligence of PSE or PSE's agents or employees.
19. Insurance. Prior to Grantee's construction activities or other substantial
activities on PSE's Property under the rights provided herein, Grantee shall submit to
PSE evidence that Grantee or Grantee's contractors has obtained comprehensive
general liability coverage naming PSE as an additional insured (including broad form
contractual liability coverage) satisfactory to PSE with limits no less than the following:
Bodily Injury Liability, including 52,000,000
automobile bodily injury each occurrence
Property Damage Liability, including 52,000,000
automobile property damage liability each occurrence
Said evidence shall be submitted on PSE's Certificate of Insurance standard
form (which form PSE shall provide upon request) or such other form as PSE 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 PSE
for any taxes andfor assessments levied as a result of this Agreement or relating to the
Grantee's improvements constructed pursuant to this Agreement.
21. Title. The rights granted herein are subject to permits, leases, licenses
and easements, if any. heretofore granted by PSE affecting PSE's Property subject to
this Agreement. PSE does not warrant title to PSE's Property and shall not be liable for
defects thereto or failure thereof.
22. Notices. Unless otherwise provided herein, notices required to be in
writing under this Agreement shall be given as follows:
If to Puget:
Puget Sound Energy, Inc.
Corporate Facilities Department OBC -11N
P.O. Box 97034
Bellevue, WA 98009 -9734
If to Grantee:
City of Tukwila
Public Works Department
6300 Southcenter Boulevard
Tukwila, WA 98188 -2544
Notices shall be deemed effective, if mailed, upon the second day following
deposit thereof in the United States Mail, postage prepaid, certified or registered mail,
retum receipt requested, or upon delivery thereof if otherwise 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
lave or otherwise, shall be valid without the prior written consent of PSE.
24. Successors. The rights and obligations of the parties shall inure to the
benefit of and be binding upon their respective successors and assigns.
25. Liability. In the event of any assignment of the dohts hereunder, the
liability of Grantee and its assignees shall be joint and several.
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
CITY OF TUKWILA
By: fill VAFbl«C12; :4r By:
APPROVED AS TO FORM:
BY:
PUGET SOUND ENERGY, INC.
e :Director Corporate Fac 'ales Its: t v-I 441.4
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AGREEMENT AND EASEMENT
PUGET SOUND ENERGY, INC. TO CITY OF TUKWILA
EXHIBIT A
That portion of Puget Sound Energy's (formerly Puget Sound Power Light Company)
100 foot wide fee owned right of way located in the East of the Northwest of
Section 36, Township 23 North, Range 4 East, W.M., King County, Washington,
described as follmvs:
Beginning at a point on the north line of Henry Adams Donation Claim 1143, 413.73 feet
west, more or less, of the northeast cemer thereof, said point being on the west margin
of the Union Pacific Railroad rightof-•way;
Thence northerly along said west margin 55.00 feet to the True Point of Beginning;
Thence westerly and parallel with said north line 100.00 feet, more or less, to the west
margin of the Puget Sound Energy right -of -way;
Thence northerly along said west margin 20.00 feet;
Thence easterly and parallel with said north line 100.00 feet, more or less, to the east
margin of the Puget Sound Energy right-of-way (said point also being on the west
margin of the Union Pacific Railroad right-of-way):
Thence southerly along said east margin 20.00 feet to the True Point of Beginning.
Contains an area of 2,000 square feet or 0.046 acre.
AGREEMENT AND EASEMENT
PUGET SOUND ENERGY, INC. TO CITY OF TUKWILA
STATE OF WASHINGTON
COUNTY OF KING
SS.
On this 2971, day of ro y 20o'r me, the undersigned,
personalty appeared R. S. MCNULTY, to me known to be the Director Corporate
Facilities of PUGET SOUND ENERGY, INC., the corporation that executed the
foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he is authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year above
written.
Print Name (6• C.�fz r ✓•An
Notary Public in and for the State of
Washington, residing at g< o/A° J a
My commission expires 9- i-C- 02
STATE OF WASHINGTON
SS.
COUNTY OF KING
1
On this r day of L /-,✓.c, 20CGbefore me, the
undersigned STEUE'U /71 to me known 10 be the
/11A- Yo re_ ote CITY OF TUKWILA, the municipal corporation
that executed the foregoing instrument, and acknow.tedged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that is authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
ENNlg lqx,-, r
i fOTAR %\C Name \J,f;VE f /L:/a[S (T -1
i J Notary Public in and forthe;State.of
e R7� ti; r f f 1
rr 0}, 1 Washington, residing at k.8-sC a ciG n
1i 9� 3 p6': My appointment expires /LG /c'
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