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Home My WebLink AboutCAG2019-433 - Original - Puget Sound Energy - 640 Pressure Zone North Pump Station No. 1 Easement - 10/07/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Bryan Bond Department: Public Works Date Sent: 10/2/2019 Date Required: 10/4/2019 Ta c Authorized Director or Designee Date of a, to Sign: Council 10/1/2019 QMayor Approval: Budget 17-7999.4 Grant? ❑ Yes No AccNumber: I Type: N/A Vendor Name: Puget Sound Energy Category: Other Vendor o Number: 37086 Sub-Category fs Project E Name: 640 Pressure Zone Pump Station #1 ° Project I. Details: PSE Easement _ _ GOAgreement Basis for E 0.00 d Amount: Selection of Other Contractor, Q Start Date: 10/4/2019 Termination Date: N/A Notice required prior to disclosure? ❑ Yes No❑ Contract Number: ]/9 _ L/33 awaDate e i ttorney: Comments: C1 �` � V E ��p�S L p�`'" 1Z)Vr- b'f/ N r\CN * r- LA L DEp RECEIVED Date Routed to the Mayor's Office: ,Yfdz�;-, H Ld/} d Date Routed to the City Clerk's Office: l%/q 4'/7LS417WAe-A -Al- ",0"2eevel City of Kent Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373 6 19 Ir i KENT DATE: October 1, 2019 TO: Kent City Council SUBJECT: Easement for Puget Sound Energy - 640 Pressure Zone North Pump Station No. 1 — Authorize MOTION: Authorize the Mayor to sign all documents necessary to provide Puget Sound Energy an easement for power service on parcel No. 1722059184 for the 640 Pressure Zone North Pump Station; subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2008, the City identified the need to increase water pressures in the high elevation areas of the Kent water service area to meet regulatory requirements. Hydraulic modeling and system planning was performed, culminating in an adopted plan to construct a 640 Pressure Zone. Since 2008, many of the required system improvements have been constructed - 640 Tank (2010/11), 112tn Avenue Water Main (2013), 3 Large Pressure Reducing Valves (2015), 550 Small Individual Pressure Reducing Valves (2018), and other water main and isolation valve improvements constructed by operations personnel. The construction of the 640 Pressure Zone North Pump Station and one remaining large pressure reducing valve are two remaining projects to be constructed. Council awarded the construction contract for the pump station to Prospect Construction Inc, on December 11, 2018. Operations staff will construct the remaining large pressure reducing valve as part of their 2019 Work Plan. Upon completion of these remaining improvements, the northern portion of the 640 Pressure Zone will be activated. It is anticipated this will occur in the fall of 2020. Once activated, the residents within the area will realize a water pressure increase of nearly 25 pounds per square inch - almost doubling the current water pressure for residents in the high elevation areas. Puget Sound Energy (PSE) is the area service provider for electricity. A PSE owned power transformer needs to be installed on City owned property to provide power to the new north pump station. PSE requires an easement from the City for the transformer installation and maintenance. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. Kent Pump Station Easement (PDF) 09/16/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 10/1/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department PO Box 97034/EST-06W Bellevue,WA 98009-9734 Attn: AY 40 PUGET SOUND ENERGY EASEMENT REFERENCE#: GRANTOR(Owner): CITY OF KENT GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: PORTION OF SE 14 SEC. 17,TWP.22 N., RNG 05 E.,W.M., K.C. ASSESSOR'S PROPERTY TAX PARCEL: 172205-9184 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF KENT ("Owner" herein), a Washington municipal corporation, 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: EAST 264 FEET OF THE NORTH '/s OF NORTHWEST '/4 OF SOUTHEAST '/4 OF SOUTHEAST '/4 OF SECTION 17, TOWNSHIP 22 NORTH, RANGE 05 EAST, SITUATED IN THE CITY OF KENT, COUNTY OF KING,AND STATE OF WASHINGTON 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: SEE EXHIBIT"A" AND"B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 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: 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 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 PSE UG Electric Easement 2019 W0105088457/RW-110617 Page 1 of 5 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. 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. 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. PSE UG Electric Easement 2019 WO105088457/RW-110617 Page 2 of 5 DATED this day of , 201 OWNER: CITY OF KENT,a Washington municipal corporation By: Signatu e l rint name Its: title STATE OF WASHINGTON ) COUNTY OF n�— ) SS On this day of �Cari'!: 20-/:�, before me, the undersigned, a Notary Public in and for the State f Washington, duly commissioned and sworn, personally appeared —64410- to me known to be the person(s) who signed as of CITY OF KENT, a 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 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 corporation. �\\\ IN WIT`j f;;WHEREOF I have hereunto set my hand and official seal the day and year first above written. o �pLt*♦ I(Sigature o Notary) Nam'., (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing ///III I�F\WASN\a��` at My Appointment Expires: Notary seal,text and all notations must be inside 1"margins PSE UG Electric Easement 2019 W0105088457/RW-110617 Page 3 of 5