HomeMy WebLinkAboutPK11-339 - Original - Puget Power Power & Light Company - Permit for Land Use of Interurban Trail at James Street and West Meeker Street - 08/06/1996 PVGET
PVAWAV PERMIT FOR LIMITED USE OF OPERATING PROPERTY
PERMIT NO. 24-22-04-0111
THIS LIMITED USE PERMIT made this ("n T - day of U (ac t S-7— ,
1996 by and between PUGET SOUND POWER & LIGHT COMPANY, a Washington
Corporation ('Puget herein) and CITY OF KENT ("Permittee" herein).
Puget hereby grants permission to Permittee to use the following described real
property (the "Property" herein) situated in King County, Washington.
That portion of Puget's 100 foot wide fee owned right of way lying
Easterly of the Easterly line of the Interurban Trail as it now exists, south
of James Street and North of West Meeker Street, as shown outlined in
red on the reverse side hereof, situated in the Northwest quarter of
Section 24, Township 22 North, Range 4 East, W.M.
1. Term. Unless otherwise terminated pursuant to the terms hereof, the term of this
Permit is ten (10) years beginning as of the date hereof.
2. Rent. Permittee shall pay to Puget the sum of $1 ,000.00 payable in advance.
3. Permittee's Use of Property is limited to: Recreational purposes including,
but not limited to:
1. Current Uses:
a) Two (2) Baseball Field
b) Portable Bleachers (metal)
c) Cyclone Fence Backstop and Side Fencing
d) Two (2) Portable Sani-Cans
e) Lawn Maintenance
f) Lawn Play Field Area
and
2. Future Uses:
a) Skateboard Park - in accordance with Plans and
Specifications dated June 10, 1996 by Purkiss Rose - RSI
b) Landscaping
c) Other Appurtenances Relating To A Skateboard Park
d) In the event lighting is added, the height of such lighting
shall not exceed 15 feet
ADDITIONAL USE OF THE PROPERTY REQUIRES PUGET'S PRIOR
WRITTEN APPROVAL.
4. Limitations on Use. The Property is operating utility property of Puget and
Puget may use same for the purposes of its utility business as fully as if this permit had
not been given. Permittee shall not erect any building or structure of any kind on the
Property, or use the Property for any purpose other than specified in paragraph 3
above. No blasting shall be done without Puget's prior written consent, and brush and
stumps shall be burned only at the times and in the manner permitted by law and with
due care not to injure any property. Permittee shall comply with all laws and
ordinances applicable to the Property and Permittee's use thereof, and shall keep the
Property free from any and all liens which might arise as a result of Permittee's use
and occupancy of the Property.
5. Indemnity. Permittee agrees to indemnify and hold harmless Puget as provided
herein to the maximum extent possible under law. Accordingly, Permittee agrees for
itself, its successors and assigns to defend, indemnify, and hold harmless Puget, its
officers, employees, agents, successors, and assigns from and against liability from all
claims, demands, suits, and judgments including the cost of defense thereof for injury
��itia/
PERMIT FOR LIMITED USE OF OPERATING PROPERTY
PERMIT NO.
Page 2
to persons, death, or property damage which is caused by, arises out of, or is
incidental to Permittee's exercise of rights and privileges granted in this permit
provided that Permittee shall not be required to indemnify Puget against liability for
injury or damages to the extent caused by or resulting from Puget's sole negligence.
In the event it is necessary for Puget to incur attorney's fees, legal expenses, or other
costs to enforce the provisions of this section, all such fees, expenses, and costs shall
be recoverable from the Permittee.
6. Assignment, Termination. This permit is not assignable"and it may be
terminated by Puget at any time upon sixty (60) days' written notice given to Permittee
in person or by mail.
7. Restoration. Upon termination of this permit, Permittee shall remove any facility
which Permittee has placed upon the Property and shall otherwise restore the
Property to as good a condition as it was prior to the installation of said facility on the
Property.
8. Renew. This permit may be renewed upon mutual consent by Permittee and
Puget.
9. Additional Terms and Conditions:
o Access to Puget's existing and future facilities by maintenance equipment is
not impeded.
o No underground metallic fixtures or pipes installed.
o No construction within 50 feet of an existing structure, or 15 feet from an
existing anchor.
o The new grade shall not decrease the clearance between the ground and the
existing conductors.
o The mature height of any landscaping shall not exceed 15 feet.
o No structures or storage of material on the Right of Way.
o Fencing parallel with power lines needs a six (6) inch gap every 400 feet.
EXECUTED as of the date first above written.
ACCEPTED:
CITY OF KENT PUGET SOUND POWER,& LIGHT COMPANY
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By: L.I�Z�?`ci By G �
_ Director Real Esta & Facilities
Its: �c�-yv�-c.� �.--�--a' lam-•.
Address: 220 4th Avenue South
Kent, WA 98032-5895
Telephone No. 859-3994
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August 6, 1996
Ms. Helen Wickstrom
City of Kent
220 4th Avenue South
Kent, WA 98032-5895
RE: PSE R/W - Kent
Limited Use Permit No. 24-22-04-0111
Dear Helen:
The permit noted above has been executed by Puget Power and an executed copy of
the permit is enclosed for your records.
Receipt of your check No. 172267 in the amount of $1 ,000.00 is hereby
acknowledged. It has been applied as rental for the ten (10) year term of the Permit.
Sincerely,
Wayne Vrssler, SR/VVA
Real Estate Department
WB/kb
Enclosure
1'11(lcl Sound Powul & I iylil (;cmil)�)ny P.0, Hox 97034 1301(,;vuu, WA 98009 9/34 (20(j) d5d-636:3