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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 r 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 OH Electric Easement 2013 WO#101084143/RW-086014/24421 Frager Rd S. Page 1 of 6 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. i OH Electric'Easement 2013 WO#101084143/RW-086014/24421 Frager Rd S. Page 2 of 6 I i 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 WO#'101084143/RW-086014/24421 Frager,Rd S. Page 3 of 6 STATE OF WASHINGTON ) r ) SS. COUNTY OF l t, �7 ) On this day of , 2015, before me, the undersigned, a Notary Public in (� 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) dw /, 6y`�Iaw (Print or stamp name of Notary)N Ca NOTARY-PUBLIC inan fo he tate of Washington, residing at �F wp,, My Appointment Expires: Notary seal,text and all notations must be inside 1"margins STATE OF WASHINGTON c ) SS , COUNTY OF' ) 7- 1 !�v L Qt 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)` � r a (Print or stamp name of Notary) o 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 OH Electric Easement 2013 WO#101084143/RW-086014/24421 Frager Rd S. Page 4 of 6 i 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. OH Electric Easement 2013 WO#101084143/RW-086014/24421 Frager Rd S. Page 5 of 6 EXHIBIT"B" DRAWING IS NOT TO SCALE 14 i j Wren + ! rs ! -il � � r.........23 itI., r THIS MAP IS NOT INTENDED TO REPRESENT THE PRECISE LOCATION OR THE EXTENT OF PUGET SOUND ENERGY'S PRESENT OR FUTURE FACILITIES. OH Electric Easement 2013 WO#101084143./RW-086014/24421 Frager Rd S. Page 6 of 6