HomeMy WebLinkAboutPK15-191 - Original - Puget Sound Energy - Easement for Access at Riverbend Golf Complex - 05/05/2015 'Records LO emaKENT ument
WASHINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract`Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Puget Sound Energy
Vendor Numbers
ID Edwards Number
Contract Number: -6
This is assigned by City Clerk's Office
Project Name: Easement for Access-at Riverbend Golf Complex
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
®;,Other: Easement
Contact Effective 5 5 15 Termination Date: �/
r ective D ate
1,4
Contract Renewal Notice (Days):
Number of days required'notice for termination or renewal or amendment
Contract Manager: Pete Petersen Department: Parks Riverbend GC a o
Contract Amount: $0.00
Approval Authority: ❑ Department Director ❑Mayor ®City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Nonexclusive Perpetual Easement for property access only, for electric utilities; No
budget or personnel impacts
adccW10877 814
RETURN ADDRESS:
Puget Sound Energy,Inc.
Attn:ROW Department(AEM),
PO Box 970341 EST-06W
Bellevue,WA 98009-9734
PUGET SOUND ENERGY
CEASEMENT
REFERENCE#:
GRANTOR(Owner): CITY OF KENT
GRANTEE(PSE): PUGET SOUND ENERGY,INC.
SHORT LEGAL: Portion of NE Qtr of Sec.22,Twp 22 N.,Rng.05 E.,King County
ASSESSOR'S PROPERTY TAX PARCEL:' 232204-9010
For and in consideration of good and valuable consideration,-the receipt and sufficiency of which are hereby
acknowledged, CITY OF KENT, a Municipal Corporation of Washington State ("Owner" herein), hereby
grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein),_for'the
purposes described below, a nonexclusive perpetual easement over, under, along across and through the following
described real property(the"Property"herein)in;King County,Washington:
SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
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Except as may be otherwise'set forth herein PSE's rights shall be exercised upon that portion of the 'Property
("Easement Area" herein)described as follows: A right of way ten(10)feet in width with five(5)feet on each side
of a centerline described as follows:
THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE
CONSTRUCTED,-EXTENDED_OR RELOCATED LYING WITHIN.THE ABOVE-DESCRIBED
'PROPERTY. RELOCATION OR EXPANSION` REQUIRES WRITTEN 'CONSENT FROM
GRANTOR.
A DIAGRAM IS ATTACHED HERETO AS EXHIBIT"B"AS A VISUAL AID ONLY
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve,remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include,but are not limited to -
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
n or all of the foregoing.
. :appurtenances necessary or convenient to any g g
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Following the initial 'construction of all or a portion of its systems provided that PSE receives written
approval from Owner prior to actual construction of such additional facilities,,which approval shall not be
unreasonably withheld, 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 granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut,
remove and dispose of any and all brush,trees or other vegetation in the Easement Area. PSE shall also have the
right, but not the obligation, 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.
3. 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. PSE shall, except in the event of an emergency, prior to the exercise of such right,
identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed,
removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber(if
any)cut and removed from the Property by PSE.
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and'surfaces and portions of the Property affected by PSE's work to the
condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case
Owner shall be responsible for such restoration.;All restoration which is the responsibility of PSE shall be performed
as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner.so as to
cause the minimum amount of disruption to Owner's use of the Property.
5 Owner's'Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted,,provided, however, Owner, shall not excavate'within or otherwise
change the grade of the Easement Area or construct'or maintain any buildings or structures on the Easement Area
and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent.
6._Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall
require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of';Owner or the
negligence of others.
7. Abandonment. The rights'herein granted shall continue'until such time as PSE ceases to use the
Easement Area for a period of five(5)successive years, in which event, this easement shall terminate and all rights
hereunder, and any improvements remaining in the Easement Area,shall revert to or otherwise become the property
of Owner, provided, however„that no abandonment shall be deemed to have occurred by reason of PSE's failure to
initially install its system on the Easement Area within any period of time from the date hereof.
8. 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 be binding upon their respective successors and assigns.
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I
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DATED this day of
OWNER:
CITY OF KENT,a Municipal Corporation of ashington State
By:
U z CO ok
its: r
PSE:
Puget and ergy,In
By
Ira McDaniel
Its:Supervisor Real Estate
All signatures to be acknowledged
OH Electric Easement 2013
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STATE OF WASHINGTON )
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COUNTY OF l t, �7 )
On this day of , 2015, before me, the undersigned, a Notary Public in
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and for the S ate of Wishing o duly commissioned and sworn, personally appeared
S 2GrT_� � O , to me known to be the person(s)who signed
as of CITY OF KENT, the municipal
Corporation>of Washington State that executed the within and foregoing instrument, and acknowledged said
instrument to be A.- free and voluntary act and deed and the free and voluntary act and deed of said
Munyc pal Corporation of Washington State for the uses and purposes therein mentioned; and on oath stated that
was authorized to execute the said instrument on behalf of said municipal Corporation,
NESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
``��� ��i 1 r!I I I
# tARw`,, (Sign ur1e,pofpNotary)
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(Print or stamp name of Notary)N
Ca
NOTARY-PUBLIC inan fo he tate of Washington, residing
at
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My Appointment Expires:
Notary seal,text and all notations must be inside 1"margins
STATE OF WASHINGTON
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COUNTY OF' )
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On this day of , 2015,...before me,.the undersigned, a Notary Public In
and for the State of Washington,duly commissi ned and sworn eers nab appeared Ira McDaniel,to me known to
be ithe perso'n(s);who signed as t r erP of PUGET
SOUND Y, the Washington corporation that executed the within and foregoing instrument, and
acknowledged aid instrument to be 5 free and voluntary act and deed and the free and voluntary act and
deed'of said corporation for the uses and purposes therein mentioned; and on oath stated that �� was
authojrized to executei the said instrument on behalf of said corporation.
`I W"' REOF I have hereunto s my hand nd offici seal a day and year first above written.
-' �Tq F�Ar,zs (Signa ure ofNotary)`
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a (Print or stamp name of Notary)
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f a NOTARY PUBLIC in a d for the State o Washington, residing
`w at
WASH\\!-
My Appo,intment Expires:
s:
Notary seal,text and,all notations must be inside 1"margins
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EXHIBIT i°A"
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 22 NORTH,
RANGE 4 EAST,W.M., KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
i
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF GOVERNMENT LOT 2 OF SAID
SECTION WITH THE WESTERLY MARGIN OF FRAGER ROAD;
THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 30 FEET;
THENCE SOUTH PERPENDICULAR TO THE PREVIOUSLY DESCRIBED LINE A DISTANCE OF 30
FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN TRACT"OF LAND CONVEYED TO
CRAIG S. ECKLAND BY DEED DATED MARCH"3, 2000 RECORDED UNDER AUDITOR'S FILE
NUMBER 20000519000339;
THENCE EASTERLY ALONG SAID NORTH LINE TO THE WESTERLY MARGIN OF FRAGER ROAD;
THENCE NORTHERLY PARALLEL TO AND COINCIDENT WITH THE WESTERLY MARGIN OF
FRAGER ROAD TO THE POINT OF BEGINNING.
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EXHIBIT"B"
DRAWING IS NOT TO SCALE
14
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Wren + ! rs
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THIS MAP IS NOT INTENDED TO REPRESENT THE PRECISE LOCATION OR THE EXTENT OF
PUGET SOUND ENERGY'S PRESENT OR FUTURE FACILITIES.
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