HomeMy WebLinkAboutACQ2019-004 - Other - Puget Sound Energy, Inc. - Easement - Willis-Naden Access Improvements Project - 07/09/2019 REQUEST FOR MAYOR'S SIGNATURE
KENT 'Tint on Cherry-Colored Papt,
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Cheryl Rolcik-Wilcox Phone (Originator): x5587
Date Sent: 7/8/19 Date Required: 7/12/19
Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date: N/A
VENDOR NAME: Date Finance Notified:
Puget Sound Energy, Inc. (Only required on contracts n/a
20 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: 2/5/19 Date Risk Manager Notified:2/5/19
(Required on Non-City Standard Contracts/Agreements)
Has this Document been SpecificagNO
Account Number: RZOO7O�15-3015
Authorized in the Budget? ' YES
Brief Explanation of Document:
Two easements granted to PSE by the City on Tax Parcel Nos. 242204-9097 and
242204-9055, which are a condition of the Purchase and Sale Agreement between the
City and PSE dated May 8, 2019, for the City to purchase portions of the same two
parcel for the Willis-Naden Access Improvements Project. These easements will be
recorded simultaneously with the deed from PSE to the City for the property.
All Contracts Must Be Routed Through The Law Depart ,,,
(This area to be completed by the Law Department) •• ��
Received: V Sp
Approval of Law Dept.: 2 ;
Law Dept. Comments: kpA
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff PT
Received:
RECEIVED
Recommendations and Comments:
Disposition: --1 /� /I City of Kent
l (/ Office of the Mayor
Date Returned:
\Civil\ormslDocument Processing\Request far Mayors ignaturedocx
AFTER RECORDING MAIL TO:
City of Kent
220 4th Avenue S.
Kent,WA 98032
Attn: City Clerk
EASEMENT
REFERENCE#:
GRANTOR(Owner): CITY OF KENT
GRANTEE(PSE): PUGET SOUND ENERGY,INC.
SHORT LEGAL: Portion of SW 114 Sec.24,Twp.22 N., Rng.04 E.,W.M.,K.C.
ASSESSOR'S PROPERTY TAX PARCEL: 242204-9055
For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,CITY OF KENT,a Washington municipal corporation ("Owner"herein), insofar as Owner has rights
or title,or any hereafter acquired rights or title, 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" AND "B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
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:
i
EASEMENT AREA 1)THE EAST 20 FEET OF THE PROPERTY. j
1
EASEMENT AREA 2)AN EASEMENT AREA 10 FEET IN WIDTH, 5 FEET ON EACH SIDE OF
THE CENTERLINE OF FACILITIES INSTALLED WITHIN THE SOUTH 40 FEET,LESS THE EAST
20 FEET,OF THAT PORTION OF THE PROPERTY SITUATED NORTH OF STATE ROUTE 516.
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 gas and electricity. Such systems may include, but are not limited to:
i
Underground facilities. Conduits,lines,cables,vaults,switches and transformers for electricity;pipes, i
pipelines, mains, laterals, conduits, regulators, gauges and rectifiers for gas; 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.
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.
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 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.
Gas and Electric Easement 2013
Page 1 of 5
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
except as otherwise specified herein, and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's
prior written consent. It is anticipated that the Owner will perform grading within the Easement Area for its initial use
of the Property which consist of roadway improvements, including curb, gutter, sidewalk, roadway embankment,
shallow storm drain, utilities and a planter. Grade changes in the Easement Area will be allowed with PSE's prior
written consent, which shall not be unreasonably withheld or delayed after the following described departmental
review by PSE has been made and requirements therefrom are accepted by PSE and Owner; Ninety(90)days prior
to the start of grading work the Owner shall provide proposed grading details ("Grading Proposal" herein) to PSE.
The Grading Proposal will be reviewed by PSE engineering, and other stakeholder departments to ensure minimum
clearances are maintained, facilities are not negatively affected, and that access, maintenance and operations are
not adversely affected. In addition the review will include an analysis of drainage changes and the effect to adjacent
PSE property.After said review and agreement between parties on mitigation of identified issues, PSE will issue a
"Consent for Use" as formal documentation of the acceptance of the Grading Proposal within the Easement Area.
Costs to relocate or modify PSE facilities to maintain the aforementioned operational standards and mitigation of
drainage on PSE property shall be at the Owner's sole expense. PSE shall complete its review within 60 days of
receipt of the Grading Proposal by the Owner. This time period may be extended if an emergency situation disrupts
PSE operations.
i
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of j
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. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of
Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement
Area.
S. 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.
Gas and Electric Easement 2013
Page 2 of 5
I
DATED this q__day of JLA-/ 20 .
OWNER:
i
City of Kent,a Washington municipal corporation
By:
aIR
Its: t�✓
I
STATE OF WASHINGTON }
) SS
COUNTY OFZ )
On this /4 day of �^1 20 /9 ,before me,the undersigned,a Notary Public
in and for the State .p'�ashington, duly commissioned and sworn, personally appeared
--AA44-J� rj to me known to be the person(s)who signed
as /y?A O , of City of Kent, the Washington municipal
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 said Washington municipal corporation for
the uses and purposes therein mentioned; and on oath stated that he / she was authorized to execute the said
instrument on behalf of said Washington municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
-,����G P• fit t1�,,
v`a g10N���fit C� /� (Signat re of Notary)
i
74
(Print or stamp name of Notary)
a; COL at
VO ,
9j�tOZ'_ NOTARY PUBLIC in and for the State of Washington, residing
fill,IR WASN���`�-`� My Appointment Expires:
l�tt111\\�������
Notary seal,text and all notations must be inside V margins
Gas and Electric Easement 2013
Page 3 of 5
Exhibit "A"
Property Description
TAX LOT 2422049055
AN IRREGULAR TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 500.09 FEET WEST OF THE SOUTHWEST CORNER
OF BLOCK 21, PLAT OF YESLER'S FIRST ADDITION TO KENT, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 64, RECORDS OF KING COUNTY,
WASHINGTON, AND MEASURED ALONG THE NORTH BOUNDARY LINE OF W. WILLIS
ST.; THENCE CONTINUING WEST ALONG THE NORTH BOUNDARY LINE OF SAID W.
WILLIS ST. 60.04 FEET; THENCE NORTH 398 FEET; THENCE EAST 20.8 FEET; THENCE
SOUTH 05°53'00" EAST 400 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED
RECORDED UNDER RECORDING NO, 6041077.
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY
JUDGMENT AND DECREE OF APPROPRIATION AS DISCLOSED BY KING COUNTY
SUPERIOR COURT CAUSE NO. 656683.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
CONTAINING 8,486 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIBED PROPERTY IS IDENTIFIED AND PROPERTY"A" IN EXHIBIT "B".
Gas and Electric Easement 2013
Page 4 of 5
Exhibit "B"
Property Exhibit
�I I
1 50' 50' `
Fy -1 I
TR
'qC qR POINT OF BEGINNING
TS OFNS— PARCEL'B'
X m
\ �
rn I
O
PARCEL C
�\
\ \ #24222040070 I n m I PORTION OF TAX LOT{ I z #2422049097 i
c �D PARCEL'B'
1,495 SQ.FT.
I - POINT OF COMMENCEMENT
ti PARCEL'B'
PARCEL'A' I I
—---- #2422049055— SR 516
in
8,486 SQ.FT. I
h
_-- ' — POINT OF BEGINNING
——— PARCEL'A'
/ -------- J WILLIS ST -
IMPORTANT:
THIS IS NOT A SURVEY.IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
I HEREON WITH REFERENCE TO
STREETS AND OTt IER LAND.NO
Praject N15-3015 LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON.
PSE PARCEL
LOCATED IN THE NE 1/4 OF THE SW ACQUISITIONS
114 OF SEC 24,TOWNSHIP 22 N, K E X T DRAWN BY: TLM
RANGE 4 E,W.M. `""'""•` EXHIBIT
CITY OF KENT SCALE: 1"-100' B
LAND SURVEY SECTION DATE: 0X09/2018
Gas and Electric Easement 2013
Page 5 of 5
I
i
AFTER RECORDING MAIL TO:
City of Kent
220 4th Avenue S.
Kent,WA 98032
Attn: City Clerk
EASEMENT
REFERENCE#:
GRANTOR(Owner): CITY OF KENT
GRANTEE(PSE): PUGET SOUND ENERGY,INC.
SHORT LEGAL: Portion of SW 114 Sec.24,Twp.22 N.,Rng.04 E.,W.M.,K.C.
ASSESSOR'S PROPERTY TAX PARCEL: 242204-9097
For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, CITY OF KENT, a Washington municipal corporation("Owner" herein)insofar as Owner has rights
or title, or any hereafter acquired rights or title, 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" AND "B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
EXCEPT AS MAY BE OTHERWISE SET FORTH HEREIN PSE'S RIGHTS SHALL BE EXERCISED UPON THE ENTIRE
PROPERTY("Easement Area"herein).
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 gas and electricity. Such systems may include, but are not limited to:
Underground facilities. Conduits,lines,cables,vaults,switches and transformers for electricity;pipes,
pipelines, mains, laterals, conduits, regulators, gauges and rectifiers for gas; 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.
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.
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 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.
Gas and Electric Easement 2013
Page 1 of 5
I
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
except as otherwise specified herein, and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's
prior written consent. It is anticipated that the Owner will perform grading within the Easement Area for its initial use
of the Property which consist of roadway improvements, including curb, gutter, sidewalk, roadway embankment,
shallow storm drain, utilities and a planter. Grade changes in the Easement Area will be allowed with PSE's prior
written consent, which shall not be unreasonably withheld or delayed after the following described departmental
review by PSE has been made and requirements therefrom are accepted by PSE and Owner; Ninety(90)days prior
to the start of grading work the Owner shall provide proposed grading details ("Grading Proposal" herein) to PSE.
The Grading Proposal will be reviewed by PSE engineering, and other stakeholder departments to ensure minimum
clearances are maintained, facilities are not negatively affected, and that access, maintenance and operations are
not adversely affected. In addition the review will include an analysis of drainage changes and the effect to adjacent
PSE property.After said review and agreement between parties on mitigation of identified issues, PSE will issue a
"Consent for Use" as formal documentation of the acceptance of the Grading Proposal within the Easement Area.
Costs to relocate or modify PSE facilities to maintain the aforementioned operational standards and mitigation of
drainage on PSE property shall be at the Owner's sole expense. PSE shall complete its review within 60 days of
receipt of the Grading Proposal by the Owner. This time period may be extended if an emergency situation disrupts
PSE operations.
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. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of
Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement
Area.
B. 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
Gas and Electric Easement 2013
Page 2 of 5
DATED this V11- day of
OWNER:
City ofDaap
Kent,a Washington municipal corporation
By: `
Its:
STATE OF WASHINGTON )
COUNTY OF
On this_�day of 20 before me,the undersigned,a Notary Public
in and for theate of Washington, duly commissioned and sworn, personally appeared
to me known to be the person(s)who signed
as A d of City of Kent, the Washington municipal
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 said Washington municipal corporation
for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said
instrument on behalf of said Washington municipal corporation.
IN WRINItl WHEREOF I have hereunto set my hand and official seal the day and year first above written.
,.���p.
V ``SsaN q,
(Sid'natqfe of Notary)(( G�
N y� e4 ♦4 2 (Print or stamp name of Notary)
i
H1.18;2� ko- NOTARY PUBLIC i�d�he tate of Washington,residing
at ff�G/7
�,fffltF`WASN\`\�� My Appointment Expires: !J'2o
Notary seal,text and all notations must be inside i'margins
Gas and Electric Easement 2013
Page 3 of 5
Exhibit "A"
Property Description
PORTION OF TAX LOT 2422049097
THAT PORTION OF GOVERNMENT LOT 7, IN SECTION 24, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING NORTH OF THE NORTH
MARGIN OF SR 516 (S.S.H. 5-A) LINE SURVEY AS SHOWN ON STATE HIGHWAY MAP SR
167 KENT SO. 285Tt' ST. TO SO. 2281H ST, SHEET 7 OF 10 SHEETS, APPROVED 2/15/1966,
LYING EAST OF THE WEST MARGIN OF THE 100 FOOT WIDE PUGET SOUND ENERGY
RIGHT OF WAY (SEATTLE-TACOMA INTERURBAN RAILWAY), AND LYING
SOUTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS'
COMMENCING AT A POINT ON THE WEST MARGIN OF THE 100 FOOT WIDE PUGET
SOUND ENERGY RIGHT OF WAY (SEATTLE-TACOMA INTERURBAN RAILWAY), SAID
POINT BEING AT THE INTERSECTION WITH SAID WEST MARGIN AND THE NORTH
MARGIN OF SAID SR 516; THENCE NORTHERLY ALONG SAID WEST MARGIN 100.00
FEET TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY TO A POINT ON SAID
NORTH MARGIN OF SR 516 LYING 30.00 FEET EASTERLY, AS MEASURED ALONG SAID
NORTH MARGIN OF SR 516, FROM THE INTERSECTION OF THE NORTH MARGIN OF SR
516 WITH THE WEST MARGIN OF THE 100 FOOT WIDE PUGET SOUND ENERGY RIGHT j
OF WAY, SAID POINT BEING THE TERMINUS OF THE HEREIN DESCRIBED LINE.
I
CONTAINING 1,495 SQUARE FEET, MORE OR LESS.
I
THE ABOVE DESCRIBED PROPERTY IS IDENTIFIED AS PARCEL "B" ON EXHIBIT "B"
Gas and Electric Easement 2013
Page 4 of 5
Exhibit "B"
Property Exhibit
I I
50' 50'
Fy
TR��FNS c
qC ADO i,:,
GINNING
Ts v�f� FNSL'B'
\\
PARCEL C
\ \ #2422 40070 ( PORTION OF TAX LOT
rn
#2422049097
PARCEI'B'
1,495 SQ.FT.
POINT OF COMMENCEMENT
PARCEL'B'
PARCEL'A' I
- -- #2422049055 SIR�516 ---
8,486 SO.FT. I I
ti
POINT OF BEGINNING
PARCEL'A'
/�----------1 WILLIS ST---
IMPORTANT:
THIS IS NOT A SURVEY.IT IS
— FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND.NO
Prooect q15-3U15 LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON.
PSE PARCEL
LOCATED IN THE NE 1/4 OF THE SW ACQUISITIONS
1t4 OF SEC 24,TOWNSHIP 22 N,
,.,ENT DRAWN BY: TLM
RANGE 4 E,W.M. CITY OF KGNT SCALE: 1"=100' EXHIBIT
LAND SURVEY SECTION DATE: 0 310 912 0 1 8 g
Gas and Electric Easement 2013
Page 5 of 5