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HomeMy WebLinkAboutPW13-062 - Original - Puget Sound Energy, Inc. - Pacific Gateway Business Park Easement Consent Agreement - 02/22/2013 r ' CONSENT AGREEMENT This Consent Agreement is dated February ZZ 2013, by and between Puget Sound Energy, Inc , a Washington corporation ("PSE"), and City of Kent, a Washington municipal corporation ("Kent") A PSE has filed a Petition in Eminent Domain in King County Superior Court (Case No. 12-2-24254-2 KNT) (the "Action") in order to obtain certain easement rights for a transmission line (the "Easement") over real property located in King County, Washington, identified as King County Tax Parcel No 660021-0230-08 (the "Property"), legally described in Exhibit A and shown together with the proposed Easement in Exhibit B, both of which are attached hereto Kent is a party to the Action, in part, because of Kent's Rights, as defined below B Kent has certain rights on the Property pursuant to a reservation in the Plat for the Pacific Gateway Business Park development, which Plat is recorded under King County Recording No 20010117000904 (the "Gateway Plat") Sheet 3 of the Gateway Plat sets forth the following "Easements and Reservations" over and across the Property in which Kent has rights by virtue of its ownership of Lots 15-18 of the Gateway Plat ("Kent's Rights") CITY OF KENT EASEMENT RESERVATIONS ALL PUBLIC EASEMENTS AS SHOWN ON THIS PLAT INCLUDING A 10 FOOT WIDE AREA THAT ADJOINS AND RUNS PARALLEL TO THE STREET FRONTAGE ON EACH LOT AND THAT LIES WITHIN THE PERIMETER OF THOSE LOTS SHALL BE IN FAVOR OF THE CITY OF KENT, ITS SUCCESSORS AND ASSIGNS (HEREINAFTER, "GRANTEE") SAID EASEMENTS ARE TO BE USED FOR THE BENEFIT OF THE ENTIRE PLAT AND FOR THE PURPOSE OF SERVING OTHER PROPERTIES ALL EASEMENTS IN FAVOR OF THE GRANTEE SHALL TAKE PRECEDENCE OVER ANY OTHER EASEMENTS SHOWN HEREON AND/OR RESERVED HEREON WITHIN THE BOUNDARIES OF THOSE PUBLIC EASEMENT AREAS, GRANTOR SHALL NOT CONSTRUCT OR ERECT ANY BUILDING, WALL, ROCKERY, FENCE OR STRUCTURE OF ANY KIND, NOR SHALL GRANTOR PLANT ANY TREES, NOR SHALL GRANTOR PLACE ANY FILL MATERIAL GRANTOR SHALL NOT MAKE ANY EXCAVATION WITHIN THREE FEET OF ANY PUBLIC EASEMENT GRANTOR SHALL MAINTAIN THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA AT THE CURRENTLY EXISTING ELEVATION IF ANY SUCH CONSTRUCTION, PLACEMENT, PLANTING, EXCAVATION OR CHANGE IN GROUND LEVEL SHOULD OCCUR AS DESCRIBED IN THIS PARAGRAPH, THEN GRANTEE MAY EXERCISE ITS RIGHT TO REMOVE SUCH OBSTRUCTIONS WITHOUT NOTICE AND THE OWNERS OF THE PROPERTY ADJACENT TO SUCH CONSTRUCTION ON THE EASEMENT AREA SHALL BE LIABLE FOR ALL COSTS INCURRED BY GRANTEE FOR THE REMOVAL THEREOF. 2 WHENEVER IT DEEMS NECESSARY, GRANTEE SHALL HAVE THE RIGHT TO ENTER UPON THESE PUBLIC EASEMENTS OR RIGHT-OF-WAY IN ORDER TO EXTEND, CONSTRUCT, REPAIR, ALTER, MAINTAIN OR RECONSTRUCT THE UTILITIES THAT LAY WITHIN THE PUBLIC EASEMENT OR RIGHT-OF-WAY GRANTEE SHALL ALSO HAVE THE RIGHT, WHENEVER IT DEEMS NECESSARY, TO CONSTRUCT A HARD SURFACE ROAD RIGHT-OF-WAY ADDITIONALLY, GRANTOR GRANTS TO GRANTEE THE USE OF THAT AREA IMMEDIATELY ADJACENT TO ANY PUBLIC EASEMENT AREA THAT GRANTEE MAY REQUIRE FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF ANY PUBLIC UTILITY GRANTEE SHALL HOLD ITS USE OF THOSE ADJACENT AREAS TO A REASONABLE MINIMUM AND SHALL RETURN THE AREA TO THE CONDITION EXISTING IMMEDIATELY BEFORE GRANTEE OR ITS AGENTS ENTERED UPON THE PROPERTY GRANTEE SHALL HAVE THE RIGHT TO USE ALL EQUIPMENT AND PERSONNEL THAT IT DEEMS NECESSARY TO ACCOMPLISH ANY OF THE RIGHTS DESCRIBED HEREIN PUBLIC PEDESTRIAN AND BICYCLE ACCESS EASEMENT RESERVATIONS THREE SEPARATE 20-FOOT-WIDE EASEMENTS ARE HEREBY RESERVED FOR AND CONVEYED TO THE CITY OF KENT, ITS SUCCESSORS AND ASSIGNS, FOR PUBLIC PEDESTRIAN AND BICYCLE ACCESS PURPOSES FROM 59T" AVENUE SOUTH TO THE WESTERLY PLAT BOUNDARY RO THE EASTERLY LIMITS OF TRACT "C," AS SHOWN ON THE PLAT A 10-FOOT- WIDE PEDESTRIAN/BICYCLE PATH ON THOSE LOTS CONTAINING AN EASEMENT, SHALL BE DESIGNED AND CONSTRUCTED IN CONJUNCTION WITH A BUILDING PERMIT ON THE AFFECTED LOT(S) THESE PATHS SHALL BE ILLUMINATED AS REQUIRED TO MEET THE GUIDELINES PROVIDED BY THE `RECOMMENDED LIGHTING FOR WALKWAYS AND CLASS I BIKEWAYS," PREPARE BY THE IESNA ROADWAY LIGHTING SUBCOMMITTEE FOR OFF-ROADWAY FACILITIES, 1994 (A K A AS PUBLICATION NO DG-5-94, OR AS OTHERWISE APPROVED BY THE CITY OF KENT THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, RESERVE THE RIGHT TO AMEND THE LOCATIONS OF SAID EASEMENTS SUBJECT TO REVIEW AND APPROVAL BY THE CITY OF KENT C. Kent desires to consent to the rights sought by PSE in the Action, in exchange for PSE dismissing Kent from the Action AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and 3 adequacy of which are hereby acknowledged, PSE and Kent incorporate the foregoing recitals and agree as follows 1. Kent consents to the Easement and associated rights sought by PSE in the Action as described on Exhibit C (the "Easement Rights") insofar as those rights are inconsistent with Kent's Rights 2 Kent reserves the right to use Kent's Rights on the Property for any purpose not inconsistent with the Easement Rights and shall exercise Kent's Rights subject to and in a manner that does not unreasonably interfere with the Easement Rights. 3 Kent and PSE shall cooperate with each other in the exercise of their respective rights on the Property Kent shall provide notice to PSE prior to exercising Kent's Rights on the Property so that PSE may determine if such proposed use interferes with PSE's existing or future facilities on the Property 4. The terms and provisions of this Consent Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns 5 The parties each represent to the other that the person or persons executing this Consent Agreement have authority to do so and to bind the parties hereunder All consents, permissions and approvals related to entry into this Consent Agreement, and the obligations hereunder, have been obtained 6 This Consent Agreement may be executed in counterparts, each of which shall be treated as an original for all purposes and all executed counterparts shall constitute one agreement IN WITNESS WHEREOF, PSE and Kent have executed this Consent Agreement as of the day and year first above written CITY OF KENT, a Washington municipal corporation B e Lc�' v Title 4 RETURN ADDRESS: Puget Sound Energy, Inc Attn Nick Floros PO Box 97034, PSE-10S Bellevue, WA 98009-9734 Document Title: CONSENT AGREEMENT Reference Numbers of Related Documents: 20010117000904 Grantors: City of Kent, a Washington municipal corporation Grantee: Puget Sound Energy, Inc., a Washington corporation Legal Description: PTN LOTS 22-23, PACIFIC GATEWAY BUSINESS PARK, VOL 197, P 62-71, KING COUNTY, ALSO KNOWN AS "REVISED LOT 23", CITY OF KENT LLA NO LL-2002-24, REC 20021217002137, AMENDED BY REC 20030116000829 See Exhibit A for full legal description Assessor's Tax Parcel ID Number(s): 660021-0230-08 PUGET SOUND ENERGY, INC., a Washington corporation By: 14te i4e4; . Name 13RcTt 13OLTO.� Title hnAN+%4E�R 964L STATE STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Su"O,� eee,� is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ryl l yaiL of City of Kent, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED- 2013. �Q.BR/oil cC to *�� Print a e ,LAG -d 6dgs 0 ?° R� �, Notary Public in and for the State of ° - • ' Washington, residing at - Z „ 0us�� 6,-1 0 : My Appointment Expires AZ OF WASY' STATE OF WASHINGTON ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that REIT is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the PnW-JA4✓=F2 RrQL ESTATE of Puget Sound Energy, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED Ie�W (L`/ , 2013 `�810NRll4y�� Print Name /V/6440 S ,tO Notary Public in and for the State of u s Z S Washington, residing att-5i�- 77LE- wA.St/ 29 My Appointment Expires WAS", EXHIBIT A Legal Description of the Property Parcel No. 660021-0230-08 THAT PORTION OF LOTS 22 AND 23 OF PACIFIC GATEWAY BUSINESS PARK, AS PER PLAT RECORDED IN VOLUME 197 OF PLATS, PAGES 62 THROUGH 71, UNDER RECORDING NO. 20010117000904, RECORDS OF KING COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 22; THENCE SOUTH 89011'08" EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 330 00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 89011'08" EAST ALONG THE NORTH LINE THEREOF 512 41 FEET, THENCE SOUTH 28001'48" EAST 122 80 FEET TO THE NORTHWESTERLY MARGIN OF 59TH PLACE SOUTH AND THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, FROM WHICH POINT THE RADIUS POINT OF SAID CURVE BEARS SOUTH 27051'40" EAST 682.00 FEET DISTANT, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHWESTERLY MARGIN, PASSING THROUGH A CENTRAL ANGLE OF 30°10'39"AN ARC DISTANCE OF 359.21 FEET, THENCE NORTH 89011'08"WEST 315 23 FEET; THENCE NORTH 00048'52" EAST 353 17 FEET TO THE POINT OF BEGINNING, (ALSO KNOWN AS 'REVISED LOT 23" AS DESCRIBED AND DELINEATED ON CITY OF KENT LOT LINE ADJUSTMENT NO LL-2002-24, RECORDED UNDER RECORDING NO. 20021217002137 AND AMENDED BY AFFIDAVIT OF CORRECTION UNDER RECORDING NO 20030116000829). APN• 660021-0230-08 6 EXHIBIT Proposed Easement w §& \ & §» ® a gl�_ 0. LC- } }7/ Re \ V� G}\ \ � \ » �;�M ca CO $ /\k}v \ 0 )Z , Q ( WM< 00 /tEc zwe \/t; -E E 0 c QF- Lnrj ! {®\7 zk � w UowWf 0Ul . u0v \ / - 0 �j 0-0 M k [ CZDh \ � " u }\ ) �\\} ~ - §\ z [t/ b ] e Li / t / b , � _ \\� 4-4 / ] \ N = '— - - ---�3 0 d ° \ � — /o 7 , EXHIBIT C PSE Easement Rights PSE's Easement Rights are generally described as (a) Construction and operation of utility system, The right to construct, operate, maintain, repair, replace, improve, remove, enlarge and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of electricity Such systems may include, but are not limited to (1) Overhead facilities Poles and other support structures with crossarms, braces, guys and anchors, electric transmission and distribution lines, fiber optic cable and other lines, cables and facilities for communications, transformers, street lights, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing, and (2) Underground facilities Conduits, lines, cables, vaults, switches and transformers for electricity, fiber optic cable and other lines, cables and facilities for communications, semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems PSE shall have the right of access to the easement area over and across the Property to enable PSE to exercise its rights hereunder (b) Easement area clearing and maintenance, PSE shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the easement area PSE shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the easement area. (c) Trees outside easement area PSE shall have the right to cut, trim, remove and dispose of any trees located on the Property outside the easement area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems (d) Successors and assigns: PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns 8 2 RETURN ADDRESS., CITY OF KENT South Kent,Washington 98032 III 20120322000606 PUGET SOUND EN ETMISC 63,00 PAGE-001 OF 002 03/22/2012 11 58 KING COUNTY, WA E2534842 03/22/2012 11:45 KING COUNTY, WATAX . 7 SALE $1,gg105 00 PAGE-001 OF 001 PARTIAL RELEASE OF EASEMENT GRANTOR' City of Kent SHORT LEGAL: Ptn of Lot 22&23, Pacific Gateway Business Park,197162-71 ASSESSOR'S PROPERTY TAX PARCEL: 660021-0230-00 KNOW ALL MEN BY THESE PRESENTS that the City of Kent, a municipal corporation ("City"), is the grantee of certain rights pursuant to an easement granted by Dickson Brothers LLC, a Washington limited liability company,and The Boeing Company, a Delaware corporation, dated March 18th, 2003, recorded under Auditor's File No. 20030320001913, records of KING COUNTY (the "Easement"), over the real property described therein as follows j ("Easement Area'� ALL THOSE PORTIONS OF LOTS 22 AND 23 OF PACIFIC GATEWAY BUSINESS PARK,AS RECORDED UNDER RECORDING NO 20010117000904, RECORDS OF KING COUNTY, WASHINGTON, MORE F PARTICULARLY DESCRIBED As FOLLOWS I COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 22; THENCE SOUTH 89016'08" EAST ALONG THE SOUTH LINE THEREOF,A DISTANCE OF 68.83 FEET TO rHE POINT OF BEGIN KING, THENCE SOUTH 00048'62"WEST 52 89 FEET, THENCE SOUTH 89011'08"EAST 500.00 FEET; THENCE NORTH 00048'52"EAST,60 OO FEET, THENCE NORTH 89"1 t'08"EAST 60.00 FEET; THENCE SOUTH 00048'52"WEST,7 11 FEET To THE POINT OF BEGINNING. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City terminates and releases any rights necessary to enable Puget Sound Energy, Inc and its successors and assigns to use a portion of the Easement Area as follows The construction, operation, maintenance and repair of utility system(s), including but not limited to all necessary and convenient facilities and appurtenances,for purposes of the transmission,distribution and sale of electricity This release is only applicable to the North 18 feet of the East 62 feet of the Easement Area 4840-9311-259001 Page 1 of 2 I IN WITNESS, WHEREOF, the City has caused this instrument to be executed this day of l;dY ✓ 2012 City of Kent, a municipal corporation i r ! By l d STATE OF WASHINGTON ) ss COUNTY OF WASHINGTON ) On this 9 day of f P(•Lw C^f 2012, before me,the undersigned,a Notary Public in and for the State of Washingtor,duly commissioned and sworn, personally appeared Suzette Cooke,to me known to be the persor who signed as Mayor, of the City of Kent, a municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be her free and voluntary act and deed and the free and voluntary act and deed of the City of Kent for the uses and purposes therein mentioned, and on oath slated that she was authorized to execute the said instrument on behalf of said City of Kent i IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. r` r I%III f,rr (Sign tureYof Noiarv) i (Print or stamp name of Notary) • boo eta+,,� // NOTARY PUBLIC in and for the State of Washington, V da residing at ? = 7 My Appointment Expires Z//Z/ r ` NMarq seal led end 91I no`awns m�b�ins,dy�(na�ns t 9TF bF1 P J�\�� i 4840-9311-2590 01 Page 2 of 2 y • r'\ti"t RETURN ADDRESS Puget Sound Energy,Inc P O Box 97034 Atm PSE-10S I N Floros Bellevue WA 98009-9734 AMENDMENT OF PARTIAL RELEASE OF EASEMENT AND CONFIRMATION AGREEMENT This Amendment of Partial Release of Easeirient and Confirmation Agreement ("Agreement" herein) is made and entered into this 23 of February, 2013, by and between the City of Kent, a municipal corporation ("Grantor"), and Puget Sound Energy, Inc, a Washington corporation("PSE") Grantor is the holder of certain perpetual easement rights pursuant to that certain easement (the "Easement")from Dickson Brothers LLC,a Washington limited liability company, dated March 18'4,2003, and recorded under King County Auditor File Number 20030320001913, in the Real Property Records of King County,Washington The Grantor herein released a portion of said easement rights to PSE by Partial Release of Easement dated March 8", 2012, and recorded under King County Auditor File No 20120322000606, in the Real Property Records of King County,Washington The Grantor herein and PSE wish to clarify certain matters regarding the above mentioned easements NOW, THEREFORE, for and in consideration of $10 00 AND OTHER VALUABLE CONSIDERATION IN HAND PAID,the parties hereto confirm and agree as follows Section 1 The Partial Release of Easement, granted on March 8i", 2012, which is only applicable to the North 18 feet of the East 62 feet of the Easement Area,as hereinafter amended, remains in full force and effect Section 2 The legal description of the Partial Release of Easement lying within the property described in said Partial Release of Easement is hereby amended as follows ALL THOSE PORTIONS OF LOTS 22 AND 23 OF PACIFIC GATEWAY BUSINESS PARK,AS RECORDED UNDER RECORDING NO 20010117000904, RECORDS OF KING COUNTY, WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 22, THENCE SOUTH 89°16'08" EAST ALONG THE SOUTH LINE THEREOF,A DISTANCE OF 68 83 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 00'48'52"WEST 52 89 FEET, THENCE SOUTH 89'11'08"EAST 500 00 FEET, THENCE NORTH 00°48'52' EAST,60 00 FEET, THENCE NORTH 89*11'08"WEST 500 00 FEET, THENCE SOUTH 00°48'52' WEST,711 FEET TO THE POINT OF BEGINNING. Section 3 This Agreement shall be binding upon and inure to the benefit of Successors and Assignees of both parties IN WITNESS WHEREOF,the parties have executed and delivered this Agreement as of the day and year first set forth above GRANTO W I � 7 Amendment&Confirmation Agreement z PUGET SOUND ENERGY,INC., a Washington corporation By Its Inr,N Aa pr2 ke-AL kFs-rAT-E STATE OF WASHINGTON ) / )SS COUNTY OF A 6 On this ZZ day of 203, before me,the undersigned, a Notary Public in and fqVthe Staiexgl Washington, duly commissioned and sworn, personally appeared --lUlZe (i�V to me known to be the person who signed as _ o� _ _,of � OL D the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free,and voluntary act and deed and the free and voluntary act and deed of M,4,)1a0,lW Y rG 011Q__ for the uses and purposes therein mentioned, and �jh 'ata at as authorized to execute the said instrument on behalf of said P f'� IN WNBt0'WHk fjEOF I have hereunto set my hand and official seal the day and year first at ooeP. err,, II! ��sst, 6�G� /i u +ors p�tey.,�N i 5 .ay ( gn ure of Notary) CO i -4 � 'OG 11 G �_' i (Print or stamp name of Notary) //yt�4�" 18-1 ra NOTARY PUBLIC in and for tre.State of // 0 ''rr11tt,,,,""`��` '� Washington,residing at 7C-Ln ('i0 //II/ FwASN�NG.��� MyAppomtmentExpires nary. � �m�% All ►� �ee 1 STATE OF WASHINGTON ) COUNTYOFhhK►kl4 >)SS 3 On thisd',Ajo day of Ft�"'nuw Q-Y , 2014, before me,the undersigned, a Notary Publicin and for the S}Qto of Washington, duly com issioned and swom, personally appeared 43IZ&7T 501--T610 , to me known to be the person who signed as MA'f FVtL'�74L f TATt, of Puget Sound Energy, Inc the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of Puget Sound Energy, Inc for the uses and purposes therein mentioned, and on oath stated that HL'- was authorized to execute the said instruction on behalf of said Puget Sound Energy,Inc IN WITNE`kWk"M3)fijIy have hereunto set my hand and official seal the day and year first above wnt`�TrJ, J F Ilff V�O'�aOtAR}�p�4iO(j1/// /Viti%j lTGD•Q- �� (Signature of Notary) = z % (Print or Neui�uas S FioeoS stamp Notary) NOTARY and in d for the he Slate of Washington,residing at,5E-A77TjeAF WA /f OF W Aye `�" My Appointment Expires 0 -aQ' /SL No�ery saN teM aM al rwt't�I�S�I���i��ln\gns REQUEST FOR MAYOR'S SIGNATURE li<ENT Please Fill in All Applicable Boxes Weenixa roi Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Cheryl Viseth Phone (Originator): 5504 Date Sent: 2.22.2013 Date Required: 2.22.2013 Return Signed Document to: CONTRACT TERMINATION DATE: VENDOR NAME: Puget Sound Energy DATE OF COUNCIL APPROVAL: 2.21.2012 Brief Explanation of Document: Amendment of Partial Release of Easement and Confirmation Agreement for Puget Sound Energy. All Contrdc� .5.Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: FEB 22 201� �� 21 Approval of Lgt.LAV\J DEPT Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: FED �,1 Disposition: Date Returned: i i