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Home My WebLink AboutPW08-312 - Original - Puget Sound Energy - Covenant of Indemnification - 05/29/2008 When Recorded Return To: Property Manager Public Works Department City of Kent 220 Fourth Avenue South 7K,eat, WA 980 2 20080605000430 PUGET SOUND EN COV 47.00 PAGE061 OF 006 06/05/2008 10:35 KING COUNTY, WA Grantor/Declarant: City of Kent, a Washington Municipal Corporation Grantee: Puget Sound Energy, a Washington Corporation Reference No.: N/A Abbreviated Legal Description: New Lot D, Kent BLA #LL-2005-37, #2054878 (Full Legal Description Contained in Exhibit A to this document) Assessor's Tax Parcel No.: 9825700445 ORIGINAL COVENANT OF INDEMNIFICATION RECITALS: A. The City of Kent, Grantor/Declarant, has constructed a public restroom and utility room facility (The Facility) to serve a newly constructed park in downtown Kent, Washington, located on the real property described in Exhibit A attached hereto and incorporated herein by this reference. B. Puget Sound Energy, Grantee, is the utility provider to provide utility power to The Facility. C. In order to provide power to The Facility, PSE must construct and install certain electrical distribution equipment (The Equipment) from the nearest available power source to the site of The Facility. COVENANT OF INDEMNIFICATION Kent Town Square Plaza PSE WO# 105048726 / RW-065615 Page 1 of 6 D. A portion of The Equipment must necessarily encroach upon real property (The Springboard Property) that is subject to an easement agreement between the City and the owner of The Springboard Property that is described in Exhibit B, attached hereto and incorporated herein by this reference. E. Subject to the terms of that easement agreement, the owner of The Springboard Property contractually guaranteed that it would execute an easement to allow Grantee to extend power across The Springboard Property on Grantee's standard form easement once the Grantor/Declarant constructed The Facility. F. In order to provide adequate assurance to Grantee that it can extend power and energize power to The Facility, Grantor/Declarant and Grantee have agreed to enter into this Covenant of Indemnification. COVENANT OF INDEMNIFICATION: Grantor/Declarant hereby declares and agrees as follows: 1. The foregoing recitals are incorporated into this covenant as if fully set forth herein. 2. Grantor/Declarant is the owner of the real property situated in Kent, King County, Washington, that is described in Exhibit A (The City Property), attached and incorporated into this document by this reference. 3. Grantor/Declarant agrees to defend, indemnify, and hold Grantee harmless from any and all claims, injuries, damages, costs, losses, or suits, including all legal costs and attorney fees, arising out of or in connection with the Grantor/Declarant's authorization to install The Equipment necessary to energize The Facility. This indemnification extends to and includes any and all costs associated with any subsequent removal and/or relocation of The Facilities. 4. As further consideration for Grantee's acceptance of this Covenant of Indemnification, Grantor/Declarant will install permanent concrete markers along Grantee's power line (offset to a safe distance), or such other type of marker acceptable to Grantee at its sole discretion, that will clearly indicate the location of the power line(s) feeding the transformer that serves The Facility. 5. This Covenant of Indemnification shall be a perpetual covenant running with The City Property and shall be binding upon Grantor/Declarant's successors and assigns; however, this Covenant of Indemnification shall immediately terminate when the current or future owner of The Springboard Property executes an easement, in a form satisfactory to Grantee, that authorizes The Equipment contemplated in this covenant to be constructed, installed, energized, maintained, relocated, or removed over, under, and across The Springboard Property. COVENANT OF INDEMNIFICATION Kent Town Square Plaza PSE WO# 105048726 / RW-065615 Page 2 of 6 AL' DATED this day of May, 2008. GRANTOR/DECLARANT: GRANTEE: City of Kent Puget Sound Energy, Inc. By: By: Print Name zette Cooke Prin Name: Ro er McNutt Title: Ma or Title: Director Corporate Fbacilities STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea/Must Appear Within This Box- 11CWI�N `4N'IE,REOF, I have hereunto set my hand and official seal the day acid y@ oye *itte `- _ NOTARYol ol c� go... u,' '0' Nam:, PUBLIC �'y�'X •.e-28:o�.� A, NOTARY PUBLIC, in and for the Stat 44444 O' WAS'�� of Washington, residing at `�.,��.• My appointment expires COVENANT OF INDEMNIFICATION Kent Town Square Plaza PSE WO# 105048726 / RW-065615 Page 3of6 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Roger McNulty is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of Puget Sound Energy as its Director Corporate Facilities, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Cemc NOTARY PUBLIC, in and for the State .,.. of Washington, residing at SEA j1LE- pd"�i My appointment expires -11 E OF„0%q COVENANT OF INDEMNIFICATION Kent Town Square Plaza PSE WO# 105048726 / RW-065615 Page 4of6 EXHIBIT A Legal Description of The City Property YESLER'S FIRST ADDITION TO TOWN OF KENT PORTIONS OF LOTS 7 THRU 14 AND VACATED ALLEY ADJOINING AS VACATED UNDER CITY OF KENT ORDINANCE 3764 ALL IN BLK 7 DAF: BEGINNING AT SE CORNER OF LOT 11 SAID BLK 7 TH S89-40-49W ALONG S LINE OF SAID BLK 7 DISTANCE OF 182.02 FT TH N00-23-27W 168.35 FT TH N89-36-33E 143.79 FT TH N00-23-27W 30.25 FT TH N89-36-33E 15.83 FT TH N00-23-27W 37.29 FT TO S MARGIN OF THAT TRACT OF LAND RESERVED BY CITY OF KENT FOR SMITH ST TH N89- 36-33E ALONG SAID S LINE 13.00 FT TO ANGLE POINT IN SAID S LINE TH S40-57-43E ALONG SAID S LINE 26.38 FT TO E LINE OF SAID BLK 7 TH S01-39-56W ALONG SAID E LINE 216.22 FT TO POB (AKA "NEW LOT D" AS DESCRIBED & DELINEATED PER CITY OF KENT LOT LINE ADJUSTMENT NO LL-2005-37 RECORDING NO 20060110002592) COVENANT OF INDEMNIFICATION Kent Town Square Plaza PSE WO# 105048726 / RW-065615 Page 5of6 iR Exhibit B Legal Description of The Springboard Property THOSE PORTIONS OF LOTS 6 THROUGH 10, INCLUSIVE, AND LOTS 14 AND 15, AND THE VACATED ALLEY ADJOINING AS VACATED UNDER CITY OF KENT ORDINANCE 3764, ALL IN BLOCK 7, YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON AND VACATED SHINN STREET (NOW KNOWN AS SMITH STREET) VACATED BY CITY OF KENT ORDINANCE 303, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 14; THENCE SOUTH 89040'49" WEST, ALONG THE SOUTH LINE OF SAID BLOCK 7, 1.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00023'27" WEST 168.35 FEET; THENCE NORTH 89036'33" EAST 143.79 FEET; THENCE NORTH 00023'27" WEST 30.25 FEET; THENCE NORTH 89036'33" EAST 15.83 FEET; THENCE NORTH 00023'27" WEST 37.29 FEET TO THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND RESERVED BY THE CITY OF KENT FOR SMITH STREET; THENCE SOUTH 89036'33" WEST, ALONG SAID SOUTH LINE, 235.62 FEET; THENCE SOUTH 00023'27" EAST 235.80 FEET TO THE SOUTH LINE OF SAID BLOCK 7; THENCE NORTH 89040'49" EAST, ALONG SAID SOUTH LINE, 76.00 FEET TO THE TRUE POINT OF BEGINNING. (AKA "NEW LOT C", CITY OF KENT BOUNDARY LINE ADJUSTMENT NO. LL-2005-37, KLA #2054878, RECORDED UNDER RECORDING NUMBER 20060110002592, RECORDS OF KING COUNTY, WASHINGTON.) COVENANT OF INDEMNIFICATION Kent Town Square Plaza PSE WO# 105048726 / RW-065615 Page 6 of 6