HomeMy WebLinkAboutCAG1999-0380 - Original - Puget Sound Energy, Inc. - Bridge Easement & Agreement 196th Corridor #9903183332 - 03/03/1999 zoz
BRIDGE EASEMENT AND AGREEMENT BETWEEN
PUGET SOUND ENERGY, INC. AND THE CITY OF KENT, WASHINGTON
This Bridge Easement and Agreement("Agreement"),dated as of this 3i"J" day of R CR
1999, is made and entered into by and between Puget Sound Energy, Inc,a Washington corporation
("PSE"), and The City of Kent,a Washington municipal corporation("City")
RECITALS
A PSE has an interest in certain real property more particularly described on Exhibit A
attached hereto and incorporated herein by this reference("Property") PSE owns and operates certain
electric transmission facilities known as the Talbot-O'Brien#1 115kV transnussion line,the Shuffleton-
O'Bnen 115kV transmission line and the Talbot-O'Bnen 230kV transnussion line These facilities(with
the exception of the ShuBleton-O'Brien line),as well as 12 5kV electric distribution facilities,occupy and
use a portion of the Property Additionally,PSE uses the Property for various network trdnsnussion and
distribution systems(including,without limitation, systems,facilities,appurtenances and uses for the
transmission,distribution and sale of gas, electricity,communications and other network commodities and
services) PSE's uses are referred to collectively herein as the"Systems"
B The City desires to construct certain improvements to South 196th Street between the
West Valley Highway and the East Valley Highway,consisting of an elevated road and bridge structure
over and across a portion of the Property for South 196th Street for vehicular and pedestrian use,as
depicted on Exhibit B attached hereto and incorporated herein by this reference,and the list of plans and
specifications more particularly described on Exhibit C attached hereto and incorporated herein by this
reference(such improvements are collectively referred to as the"Bridge Improvements") The City
desires to construct use and maintain the Bridge Improvements over and across that portion of the
( ) Property more particularly described as the"Bridge Easement Area"on Exlubit D attached hereto and
rl incorporated herein by this reference
C'7
C Some or all of the Bridge Easement Area occupies an area on,over,within or near the
Western Processing Site, as established by the Consent Decree in United States of America v Western
Processing Company, Inc,docket no C83-252M,filed in the United States District Court for the Western
District of Washington, April 10, 1987
D PSE is willing to convey and quitclaim easements to the City as to the Bridge Easement
Area and that portion of the Property adjacent to and under the Bridge Easement Area, subject to the
following terms and conditions
NOW THEREFORE,for and in consideration of the mutual covenants contained herein and
other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,PSE
and the City agree as follows
1. Grant of Easements.
11 PSE hereby conveys and quitclaims to the City a perpetual,nonexclusive aerial
easement upon,over, along, and across the Bridge Easement Area set forth on Exhibit D for such
purposes, and subject to such terns and conditions,as are hereinafter set forth
12 PSE hereby conveys and guitclarms to the City a temporary,nonexclusive
easement upon,over,along and across that portion of the surface of the Property which is under and
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adjacent to the Bridge Easement Area and described on Exhibit E attached hereto and incorporated herein
by this reference("Temporary Construction Easement Area")for the limited purpose, and subject to such
terms and conditions,as are hereinafter set forth Tins temporary easement shall terminate upon final
completion of the Bridge Improvements and restoration of the surface area of the Property in accordance
with this Agreement,but not later than thirty(30)months after the date of this Agreement
13 PSE hereby conveys and quitclaims to the City a perpetual, nonexclusive
easement upon, over, along and across that portion of the Property which is under and adjacent to the
Bridge Easement Area described on Exhibit F attached hereto and incorporated herein by this reference
("Maintenance and Access Easement Area")for the limited purposes of access to, and inspection and
maintenance of,the Bridge Improvements, and subject to such terms and conditions as are hereinafter set
forth
14 The City acknowledges that the rights granted herein are subject to any and all
restrictions, reservations, limitations or other matters of record The City shall have the sole responsibility
for determining the applicability of such restrictions,reservations,limitations or other matters PSE does
not warrant title to or the condition(including,without limitation,environmental condition)of the
Property or the Bridge Easement Area or their suitability for any use intended by the City and shall not be
liable for any defect therein or failure thereof,and the City accepts and shall be deemed to accept the same
"AS IS," "WHERE IS," and "WITH ALL FAULTS AND DEFECTS " Without limiting the generality of
the foregoing, the City accepts all risks associated with acquiring the rights described herein
2. Purpose of Easements.
— The-City shall have-the right at its-sole risk,cost and expense - - -
21 to use the Bridge Easement Area to construct,maintain, repair and remove the
OBridge Improvements and use the Bridge Improvements for public right of way purposes,
22 to use the Temporary Construction Easement Area to construct the Bridge
Improvements in accordance with Exhibit C,
23 to use the Maintenance and Access Easement Area to gain access to and
conduct from time to time, as necessary in accordance with Exhibit C or to the extent prescribed by
applicable law, inspection and maintenance of the Bridge Improvements which is anticipated to consist of
(1)visual inspections made from the ground or from a medium-duty lift truck on a semi-annual basis, (n)
girder painting which is anticipated to occur every twenty-five years, and(ui)use of measures located
within or immediately adjacent to the Bridge Easement Area which are necessary or required by
applicable law for containment of paint spray
3. Manner of Exercising the Permitted Uses.
3 1 The City shall,at all times,exercise its rights hereunder so as to prevent death,
injury or bodily harm to persons(whomsoever)and to prevent damage,injury,harm or loss to or of
property(whatsoever) Without limiting the generality of the foregoing,the City shall be strictly liable to
PSE for any and all damage,injury, harm or loss to Systems(including,but not limited to, any and all
damage, injury, harm or loss of commodities and services provided by such Systems)caused by the City's
exercise of its rights hereunder
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3 2 The City shall at all times ensure that all activities undertaken in accordance
with this Agreement are in compliance with all applicable laws The City shall obtain all necessary
permits,approvals or licenses required by any governmental agency with jurisdiction to undertake any
activity in or on the Temporary Construction Easement Area,the Maintenance and Access Easement
Area,the Property or the Bridge Easement Area
3 3 The City shall maintain and repair the Bridge Improvements in accordance
with the plans and specifications listed on Exhibit C, as the same may be changed in accordance with this
Agreement, so as to keep the same safe and functional The City agrees to maintain the Bridge
Improvements and Bridge Easement Area in a manner suitable for PSE's present and future uses of the
Property
34 The Bridge Improvements shall be constructed and maintained in strict
accordance with plans and specifications listed on Exhibit C,attached hereto,and any material changes
thereto which(without limiting the generality of the foregoing)affect the Systems, impact established
clearances or involve the disturbance of the surface of the Property shall require approval by PSE,which
approval shall not be unreasonably withheld(provided that PSE's determination, in its sole discretion,that
any changes to such plans and specifications interfere with PSE's use of the Property for the Systems or
involve disturbance of the surface of the Property not shown upon Exhibit C shall not be deemed
t unreasonable, as such deterr umations are reserved to PSE) The City shall complete such activities in a
timely, careful and workmanlike manner The City shall ensure that all labor, services,materials,
equipment, supplies or other items employed or provided in connection with the Bridge Improvements are
of good quality and suitable for their intended purposes Upon completion of the construction of the
Bridge Improvements, the City shall_promptly�rQvide to PSE as-built drawings and asurvey shaving the -
location and elevations of such improvements The City shall promptly pay(and secure the discharge of
any liens asserted by)all persons or entities furnishing any labor,services, materials,equipment, supplies
or other items to or upon the Bridge Improvements No approval by PSE of any such plans or
specifications, nor any failure by PSE to approve any such plans or specifications,nor any failure by PSE
to discover any fact or matter in connection with the review of any such plans or specifications, shall
relieve or release the City of or from any of its obligations ansing under this Agreement or applicable law,
nor shall any such approval, failure to approve,or failure to discover any fact or matter give rise to any
liability on the part of PSE to the City or to any one or more third parties
3 5 The City shall exercise,and shall require that all persons or entities acting on
behalf of the City exercise,the highest degree of care and precaution to prevent any contact with Systems
36 Upon completion of activities which may disturb the surface or subsurface of
the Property, the City shall restore the Property to a condition as good or better than its original condition
before the City began its activities which caused the disturbance Any and all excavation work shall be
completed with the highest degree of care and caution to preserve the stability of soils in,on,under and
around Systems and in a manner which will protect the stability of the soils on the Property
37 The City shall not,in connection with any maintenance or repair,disturb the
surface of the Property or cause the Bridge Improvements to materially differ from the depiction shown on
Exhibit B or the plans and specification therefor set forth in Exhibit C,unless the City shall have obtained
PSE's prior written consent to such maintenance or repair causing material alteration,modification or
change PSE shall have the right,but not the obligation,to review any plans or specifications prepared in
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connection with any maintenance or repair for which PSE's approval is required hereunder No approval
by PSE of Exhibit C or any plans or specifications for maintenance or repair involving material alteration
or disturbance of the surface of the Property, nor any failure by PSE to approve any such plans or
specifications, nor any failure by PSE to discover any fact or matter in connection with the review of any
such plans or specifications,shall relieve or release the City of or from any of its obligations ansmg under
this Agreement or applicable law, nor shall any such approval,failure to approve, or failure to discover
any fact or matter give rise to any liability on the part of PSE to the City or to any one or more third
parties Upon completion of any such approved alteration, modification, or change to the Bridge
Improvements, the City shall promptly provide to PSE as-built drawings and a survey showing the
location and elevations of such improvements,as altered,modified or changed
3 8 In the event applicable law requires inspection or maintenance which
materially differs from the current requirements set forth herein,the City shall notify PSE in writing
before commencing such inspection or maintenance and comply with PSE's reasonable conditions upon
the exercise of the City's rights to use the Maintenance and Access Easement Area for such inspection and
maintenance
3 9 The City shall access the Temporary Construction Easement Area and
Maintenance and Access Easement Area from South 196th Street or the "bike/pedestnan paths"depicted
on Exhibit B to the north and south of South 196th Street Subject to PSE's prior written consent,which
shall not be unreasonably withheld,the City may access the Temporary Construction Easement Area and
Maintenance and Access Easement Area from the Property at areas other than the"bilce/pedestrian paths",
provided,however, any access taken pursuant to tlus subparagraph 3 9 shall (i)rmmmize surface
disturbance of the Proopertyz_(u)not_inv_olve excavation-or otherwise disturb the subsurface of theTroperty,- —
and(Ili)be in accordance with access plans to be provided(and kept up to date)in accordance with
subparagraph 3 7 above
4. Reserved Rights.
41 PSE reserves the right to use the Property and the Bridge Easement Area in any
manner that is consistent with the rights herein granted
42 In addition to,and without limitation of, any and all other rights and remedies
available to PSE, in the event the City fails to perform any of its obligations ansmg under this Agreement,
PSE may,without any obligation to do so whatsoever, perform the same at the City's sole risk and
expense,provided,however,before commencing any such action on the City's behalf,PSE shall give the
City notice of such failure and allow the City fifteen(15)days after such notice in which to perform such
obligation In the event the City's failure cannot, in the exercise of reasonable diligence,be remedied
within fifteen(15)days,PSE shall not commence any action on the City's behalf so long as the City
commences the performance of its obligation within fifteen(15)days of PSE's notice and diligently
prosecutes such performance thereafter until complete The City shall reimburse PSE for such expenses
within thirty(30)days of receipt of an invoice from PSE which indicates the nature of work completed by
PSE
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5. Indemnification.
5 1 The City releases and shall defend, indemnify and hold harmless PSE,PSE's
directors,officers,employees, and representatives, and the respective successors and assigns of each and
all of the foregoing(collectively, "Indemnitees")from and against any and all allegations, claims,
demands,harm,liens,losses,costs,damages,expenses(including,but not limited to,reasonable
attorneys'fees)and liabilities directly or indirectly arising from or in connection with any and all of the
following (1)this Agreement, (it)the City's performance of or failure to perform any one or more of its
obligations arising under this Agreement, (in)the City's exercise,or failure to exercise,any one or more
of its rights arising under this Agreement, or(iv)any negligent act or omission of the City, its employees
or agents
52 In addition to and without limiting the foregoing,the City hereby releases and
shall defend,indemnify and hold harmless the Indemmtees from and against any and all allegations,
claims,demands,harm,hens,losses,costs, damages,expenses(including,but not limited to,reasonable
attomeys'fees)and liabilities directly or indirectly arising from or in connection with any and all of the
following (1)any acts or omissions by or on behalf of the Indemmtees that in any way affect,touch or
concern any one or more characteristics of persons(whomsoever)or property(whatsoever)within,
influenced or contaminated by the Western Processing Site to the extent any such acts or omission are in
any way related to the parties' respective obligations arising under tlus Agreement, or(n)any acts or
omissions by or on behalf of the City that in any way affect,touch or concern any one or more
characteristics of persons(whomsoever)or property(whatsoever)within, influenced or contaminated by
f7 the Western Processing Site to the extent any such acts or omissions are in any way related to the parties'
respective obligations ansing_under-th isAgreement_-
5 3 The parties intend that,to the fullest extent permitted by applicable law, and
consistent with the provisions of RCW 4 24 115 if and as applicable,the foregoing release, indemmty and
Q hold harmless shall apply regardless of any act,omission,fault, negligence or strict liability of the
Indemnitees In connection with any action to enforce this paragraph 5,the City hereby waives any
immunity, defense,or protection under any workers'compensation, industrial insurance or similar laws
(including,but not limited to,the Washington Industrial Insurance Act,Title 51 of the Revised Code of
Washington) This paragraph 5 was mutually negotiated by the parties
Initialed by
RY PSE
6. Insurance.
The City is a self-insured municipality through the Washington Cities Insurance Authority A
letter,in form acceptable to PSE, certifying and committing the City's self-insurance program to the
commitments and obligations set forth in this Agreement shall be provided to PSE upon execution of tlus
Agreement Thereafter, such self-insurance shall be maintained in full force and effect by the City at all
times during the tens of this Agreement In the event of a decision by the City to replace such self-
insurance program with commercial insurance,the City shall provide PSE with certificates of public
liability insurance with coverage limits of$2,000,000 per occurrence naming PSE as additional insured,
Hndge En merd and Agreement
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which shall be maintained in full force and effect by the City at all times during the term of this
Agreement
7. Successors and Assigns.
This Agreement shall be binding upon the parties'respective successors and assigns
8. Notices.
Any notice,request,designation,direction, statement or other communication under this
Agreement shall be in writing and shall be delivered in person or mailed,properly addressed and stamped
with the required postage,to the intended recipient as follows
If to Puget Sound Energy, Inc Puget Sound Energy, Inc
Corporate Facilities Department
P O Box 97034
Bellevue, WA 98009-9734
Attu Director Corporate Facilities
If to the City The City of Kent
N 220 Fourth Ave S
Kent, WA 98032
Arm Public Works Director
---Eftherparty may change its address specaeom`this paragraph by giving the othei party notice of such
change in accordance with this paragraph
OPUGET SOUND ENERGY, INC THE CITY
Puget Sound Energy,Inc , The City of Kent, a
a Washington corporation Washington municipal corporation
By . By
Its 4 *MaltIT
Date _ ;�4q Date
ATTEST
Kent City Clerk
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APPROVED AS TO FORM
� ►�&�
Tom Brubaker
Assistant City Attorney
City of Kent
STATE OF WASHINGTON )
ss
COUNTY OF KING )
On this 3rJ day of M Dt(LC.N 1999,before me, the undersigned,a Notary Public in
and for the State of Washington,duly commissioned and sworn,personally appeared
2 . S. M r-M UL i x tome known to be the person who signed as 4 ttZ L 41a Q
GoRPo tZ F\Tts Fq,ct Lin t=5 of Puget Sound Energy,Inc,the corporation that executed the
within and 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 I�was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
!� corporation
IN WITNESS HEREOF I have hereunto set my hand and official seal the day and year first
_ above written
t ��gl g -- --__ -- -
i�
0 ' Poe
+pS Aft Y-�:
Print Name V4A 79E `5Rt=5S L C-2
PUBO Notary Public in and for the State of Washington,
residing at 5140 AO MtS N
My commission expires $—r - O Z
rt �FYI� �r
�a�u�rav�
STATE OF WASHINGTON )
ss
COUNTY OF KING ) n
On this lsF day of t t V L,l o , 1999,before me,the undersigned,a Notary Public in
a d for the State of Washingtp,duly commissioned and sworn,personally appeared hm White and
9 n�a �C� i eJt� to me known to be the persons who signed as Mayor and City
Clerk of the City VKcnt,the municipal corporation that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation
for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the
said instrument on behalf of the City of Kent
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first
above written
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202.
Print Name
Notary Public to and for the State of Washington,
residing at ?�-�
My comnusston expires
C9
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2.02
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A strip,piece or parcel of land fifty(50)feet in width on each side of a center
line across the southeast quarter(1/4)of the northwest quarter(1/4)of Section
1,Township 22 North,Range 4 East, W M, said center line being more
particularly described as follows
Beginning at a point on the east and west line through the center of Section 1,
Township 22 North,Range 4 East,W M, eighteen hundred four and five
tenths (1804 5)feet distant from the quarter comer between Sections 1 and 2,
thence north, no degrees and eleven minutes(0°1 P)west,thirteen hundred
thirty and seven tenths(1330 7)feet to the north boundary line of said
southeast quarter(114)of the northwest quarter(114),eight hundred seventy six
and five tenths(876 5)feet distant from the northeast comer of the southeast
quarter(1/4)of the northwest quarter(1/4), said strip, piece or parcel of land
containing three and five one-hundredths(3 05)acres,all in King County,
State of Washington
(� Together with
C"�_-- -- --- _ -A strip-of-land-fifty-(50)feet rawidth on each side-of a-center line-across-the — -
following lands situated in King County, State of Washington, to wit
The north half(1/2)of the northwest quarter(1/4)of Section 1, Township 22
North,Range 4 East,W M,containing eighty acres(more or less),hereinafter
referred to as"said 80 acre tract",which said center line is described as follows
Beginning on the north line of said 80 acre tract(being also the north line of
said Section 1)at a point eight hundred eighty six(986)feet west(measured
along said north line)from the northeast corner of said 80 acre tract,running
thence south, no degrees and eleven minutes(0°1 P)east,thirteen hundred
twenty(1320)feet more or less,to the south line of said 80 acre tract,said strip
of land containing three and nineteen one-hundredths(3 19)acres,more or
less
Badge Easement and Agreement PAGE 10 of 15
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EXHIBIT D
LEGAL DESCRIPTION OF BRIDGE EASEMENT AREA
That portion of the N E 1/4 of the N W 1/4 of Section 1,Township 22 North,
Range 4 East, W M,described as follows
Commencing at the Southeast corner of the said N E 114,
Thence North 88°40'30"West along the South line thereof 826 01 feet to its
intersection with the Westerly margin of the Chicago,Milwaukee, St Paul and
Pacific Railroad Company's right of way and the POINT OF BEGINNING,
Thence North 1000'30"East along said Westerly margin 59 00 feet,
Thence North 88°40'30" West 100,00 feet,
Thence South 1°00'30"West 100 00 feet,
Thence South 88°40'30"East 100 00 feet,
Thence North 1°00'30"East 4100 feet to the POINT OF BEGINNING, -
QThe bottom plane of the vertical space contained within said easement shall be
(based on City Surveyor's Benchmark No 517,checked December, 1991)from
an elevation of 46 70 feet on the west line of said easement to an elevation of
52 25 on the east line of said easement, and the top plane of the vertical space
of said easement shall be 30 00 feet above said elevations cited for the bottom
plane,
Containing 300,000 cubic feet,more or less
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t �
EXHIBIT E
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
AREA
That portion of the N E 1/4 of the N W 1/4 of Section 1, Township 22 North,
Range 4 East, W M,described as follows
Commencing at the Southeast corner of the said N E 1/4,
Thence North 88°40'30"West along the South]me thereof 826 01 feet to its
intersection with the Westerly margin of the Chicago,Milwaukee, St Paul and
Pacific Railroad Company's right of way and the POINT OF BEGINNING,
Thence North 100010"East along said Westerly margin 159 00 feet,
Thence North 88°40'30" West 100 00 feet,
Thence South 1000'30" West 300 00 feet,
Thence South 88040'30"East 100 00 feet,
Thence North 1°00'30"East 14100 feet to the POINT OF BEGINNING
- — — - --Containing 30,000 square feet-1Q689-acresJ-inore 6rtellg- --
0
Q�
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EXHIBIT F
LEGAL DESCRIPTION OF MAINTENANCE AND ACCESS EASEMENT AREA
That portion of the N E 1/4 of the N W 1/4 of Section 1, Township 22 North,
Range 4 East,W M,described as follows
Commencing at the Southeast corner of the said N E 1/4,
Thence North 88°40'30" West along the South]me thereof 826 01 feet to its
intersection with the Westerly margin of the Chicago,Milwaukee, St Paul and
Pacific Railroad Company's right of way and the POINT OF BEGINNING,
Thence North 1°00'30"East along said Westerly margin 159 00 feet,
Thence North 88040'30" West 100 00 feet,
� Thence South 1000'30" West 300 00 feet,
f7
Thence South 88°40'30"East 100 00 feet,
Thence North 1000'30"East 14100 feet to the POINT OF BEGINNING
Containing 30,000 square feet(0 689 acres)more or less
Q�
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After Recording Return to
Property Management
22� OFourth Ave S
Kent, WA 98032
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Document Title(s)(or transactions contained therein) FILED tomY i17N'WT
1 Bridge Easement and Agreement f 1�`` Gl' ri`IfZ ��62�'S N
2 O
3
Reference Number(s)of Documents assigned or released
(or page_of document(s)) 3 61 1 S 1 — Z 4
rl
Grantor(s)(Last name fast, then first name and initials) Sa�4 � rn : ''
1 Pugel Sound Energy,Inc _ _ sir ,• � „ . +_'_ - "
� a- — -
examin,.J su t , .., uxecJuon or
2 as to d�effect upon;rtfa
3 Q Additional names on page_of document
Grantee(s)(Last name first, then first name and initials)
1 City of Kent
2
3 Q Additional names on page_of document
Legal Description(abbreviated i e,lot,block,plat or section,township,range)
PTQ. tJ64 /JWi` �zzoq-
Z Additional legal on page 10 of document
Assessor's Property Tax Parcel/Account Number 1 L 7, 0 + 9018
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