HomeMy WebLinkAboutCAG2019-325 - Original - Puget Sound Energy - Sanatan Dharm Mandir Temple Easement for Sewer Line - 06/27/2019 equest for Mayor's Signature
KENT WASH N G T O N Complete this form and route to the Office of the City Attorney
(Print on cherry-colored paper)
Approved by Director
onnie or 253-856-5538
Onginator: zzie Phone (Originator):
Date Sent:5/1 7/1 9 Date Required:05/23/�1 9
Returned Signed Document to: Bonnie P ❑Contract Coversheet Attached
Has this Document been Specifically Authorized
Vendor Name: PSE in the Budget? Yes BNo
s
Date of Council Approval: NA Account Number: NA
Brief Explanation of Document:
PSE is granting the COK an easement for a sewer line for the Sanatan Dharm Mandir Temple
address 27123 104th Ave SE Parcel # 2922059164
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Date Received by City Attorney: ►—
Comments:
Date Routed to the Mayor's Office: � it
y of Kent
Office of the Mayor
Date R inator:
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When Recorded Return To:
City of Kent— Development Engineering
400 W. Gowe
Kent, WA 98032
PUGET SOUND ENERGY
The Energy To Do Great Things
EASEMENT FOR SEWER LINE
REFERENCE #:
GRANTOR: Puget Sound Energy, Inc.
GRANTEE: City of Kent
LEGAL DESCRIPTION: PTN of Sec. 29, Township 22N, Range 05E. W.M.
ASSESSOR'S PROPERTY TAX PARCEL:292205 9164
THIS AGREEMENT made this day of-__ t-t-1V(f., 2019, between
PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), and City of
Kent ("Grantee" herein);
WHEREAS, PSE is the owner of a parcel of land described on the attached Exhibit A.
WHEREAS, such parcel of land is presently owned and occupied by PSE in
connection with PSE's utility operations, (said parcel being hereafter referred to as
"PSE's Property"); and
WHEREAS, Grantee desires an easement for a permanent non-exclusive
easement over, in along and upon the PSE Property as legally described in the
attached Exhibit "B" and as graphically depicted on the attached Exhibit "C".
NOW THEREFORE, in consideration of ten dollars ($10.00) and other good and
valuable consideration in hand paid receipt of which is hereby acknowledged, and in
consideration of the performance by Grantee of the covenants, terms and conditions
hereinafter set forth, PSE hereby conveys and quitclaims to Grantee the following
easement:
A. A nonexclusive perpetual easement over, across, along, in, upon and under
that portion of PSE's Property described in Exhibit "B" attached hereto and by this
reference made a part hereof for the purposes of utilizing the easement area for
installation, use and maintenance of one (1) eight inch diameter sewer pipe line
together with the nonexclusive right of ingress to and egress from said portion of PSE's
Property for the foregoing purposes.
The terms "Easement" and "Easement Area" in this instrument refer to the
easement herein granted on PSE's Property and as described on the attached Exhibit
11B11
This Easement is granted subject to and conditioned upon the following terms,
conditions and covenants which Grantee hereby promises to faithfully and fully observe
and perform.
1. Cost of Construction and Maintenance. Grantee shall bear and
promptly pay all costs and expenses of construction and maintenance of the
Improvements.
2. Compliance with Laws and Rules. The Grantee shall construct,
maintain and use the Improvements in accordance with the requirements of PSE, the
National Electric Safety Code and any statute, order, rule or regulation of any public
authority having jurisdiction.
3. Use of PSE's Property by PSE. Grantee's rights herein shall at all times
be subordinate to such rights of PSE as are necessary to preserve and maintain the
capabilities of PSE's Property to be used for utility purposes, and nothing herein
contained shall prevent or preclude PSE from undertaking construction, installation and
use of any utility facilities within PSE's Property. PSE shall not be liable to Grantee or
to Grantee's employees, agents, or to any other party benefiting from said
Improvements, for loss or injury resulting from any damage or destruction of the
Improvements directly or indirectly caused by PSE's existing or future use of PSE's
Property.
4. Required Prior Notice and Approval of Plans and Specifications. Prior
to any installation, alteration, replacement or removal of the Improvements or any other
major activity by Grantee on PSE's Property, Grantee shall give PSE written notice
thereof together with preliminary plans and specifications for the same at least six (6)
months prior to the scheduled commencement of such activity. PSE shall have the
right to require that such plans and specifications be modified, revised or otherwise
changed to the extent that the final plans and specifications therefor shall include
provisions for the protection of PSE's facilities, the prevention of hazardous conditions
and minimum interruption to PSE's utility operations. No such activity shall be
commenced without PSE's prior written approval of the plans and specifications
therefor and all changes or amendments thereto, which approval shall not be
unreasonably withheld. Notwithstanding the foregoing, in the event of any emergency
requiring immediate action by Grantee for protection of the Improvements, persons or
property, Grantee may take such action upon such notice to PSE as is reasonable
under the circumstances.
Nothing herein shall be deemed to impose any duty or obligation on PSE to
determine the adequacy or sufficiency of the Grantee's plans and specifications, or to
ascertain whether Grantee's construction is in conformance with the plans and
specifications approved by PSE.
5. As-Built Survey. Upon PSE's request, Grantee shall promptly provide
PSE with as-built drawings and survey showing the location and elevations of the
Improvements on PSE's Property.
6. Grantee's Use and Activities. Grantee shall exercise its rights under this
Agreement so as to minimize and avoid, insofar as possible, interference with the use
by PSE of PSE's Property for utility purposes and shall at all times conduct its activities
on the Easement Area so as not to interfere with, obstruct or endanger PSE's
operations or facilities. Grantee shall install the Improvements and conduct any other
of its substantial activities on PSE's Property as may be communicated to Grantee by
PSE for the purpose of protecting PSE's facilities, preventing hazardous conditions and
minimizing interruptions to PSE's utility operations.
7. Coordination of Activities. Grantee shall give at least 30 days advance
written notice of the proposed dates of its construction, repair and maintenance
activities on PSE's Property to PSE's Kent Division office (presently headquartered at
Kent, Washington), or such other division office of PSE as PSE may from time to time
designate. Grantee shall cooperate in the revision of such dates and/or the
coordination of its activities with those of PSE's if deemed necessary by PSE to
minimize conflicts, insure protection to each parties facilities, prevent hazardous
conditions, or minimize interruption of PSE's operations. Provided, however, that in the
event of an emergency requiring immediate action by Grantee for the protection of its
Improvements or other persons or property, Grantee may take such action upon such
notice to PSE as is reasonable under the circumstances.
8. Work Standards. All work to be performed by Grantee on PSE's
Property shall be designed and constructed so as to withstand the consequences of
any short circuit of any of PSE's electric facilities now or hereafter installed on PSE's
Property. All work to be performed by Grantee on PSE's Property shall also be in
accordance with the plans and specifications submitted to and approved by PSE and
shall be completed in a careful and workmanlike manner to PSE's satisfaction, free of
claims or liens; however, nothing herein shall be deemed to impose a duty or obligation
on PSE with respect to the sufficiency thereof. Without limitation to the foregoing,
Grantee shall exercise the utmost caution when conducting its activities in the vicinity of
any of PSE's energized utility lines in order to prevent any contact therewith. Upon
completion of such work Grantee shall remove all debris and restore the ground surface
as nearly as possible to the condition in which it was at the commencement of such
work, and shall replace any property corner monuments which were disturbed or
destroyed during construction. Grantee shall also pay to PSE all of PSE's costs
necessary to re-establish destroyed survey references and hubs established by PSE in
conjunction with any survey for new facilities on PSE's Property.
9. Changes and Repairs to PSE's Facilities. Grantee shall promptly pay
to PSE the cost of any relocation, alteration, restoration and other changes or repairs to
PSE's facilities which PSE shall reasonably deem necessary by reason of the
construction, use and maintenance of the Improvements or other activities of Grantee
on PSE's Property. Without limitation to the foregoing, Grantee shall promptly pay to
PSE the cost of temporary raising of wires and the realignment or strengthening of
power poles or towers made necessary by Grantee's activities pursuant to this
Agreement. If PSE so requests, Grantee shall provide assurance of payment
satisfactory to PSE prior to PSE's commencement of such work. PSE shall accomplish
such changes or repairs, subject to the availability of labor and materials. For the
purpose of this paragraph, "cost" shall be defined as all direct or assignable costs of
materials, labor and services including overhead, in accordance with charges for
transportation of men, material, and equipment, storage expense of material and rental
of equipment.
10. Access. The Grantee shall design, construct, maintain and use its
Improvements in such fashion as to permit reasonable and continuous access along
PSE's Property in all directions, and in such fashion as to accommodate and support
vehicular travel over and across the Improvements, including travel by cranes and
trucks with heavy loads. Grantee shall at all times keep PSE's Property free and clear
of all obstructions and equipment. If requested by PSE, the Grantee shall make
provisions for continued access by PSE along PSE's Property during construction of the
Improvements.
11. Inspectors. PSE shall appoint one or several PSE representatives who
shall serve as inspectors to oversee all work to be performed by Grantee on PSE's
Property. Grantee shall not carry on any work unless it has given such notice to PSE
as may be reasonable in the circumstances so as to allow for the presence of such
inspector or inspectors. Grantee and Grantee's contractors shall promptly and fully
comply with all orders and directions of PSE's inspectors, including without limitation,
cessation of work, and Grantee's construction contracts shall so provide. Grantee shall
promptly pay PSE's charge for such inspectors.
12. Conflict with Future Installations of PSE. In the event that it should
become necessary for PSE to install additional utility systems for purposes of
transmission, distribution and sale of gas, electricity, communications and other network
commodities or services or otherwise use PSE's Property and if, in the sole judgment of
PSE, the location, existence and use of the Improvements interferes with such
installation or use to the extent that it is impracticable or substantially more expensive to
accomplish such installation or use, or that such installation or use may pose a hazard
because of the location, existence or use of the Improvements, Grantee shall have the
obligation to either, in Grantee's sole discretion, (a) protect, modify or relocate the
Improvements at the cost and expense of Grantee, so as to remove the interference or
hazard to PSE's satisfaction, or (b) to reimburse PSE for its added costs of design,
construction and installation to avoid such interference or hazard. In the event PSE
intends to undertake any such construction, PSE shall give Grantee reasonable
advance written notice of such intention together with preliminary plans and
specifications for such work, identifying the potential interference or hazard and all
design information relating thereto. In no event shall such notice and plans be required
to be given more than six months prior to the scheduled commencement of work.
Within one month after receiving such notice from PSE, Grantee shall give
written notice to PSE by which notice Grantee will elect to (a) protect, modify or relocate
the Improvements, or (b) reimburse PSE for its said added costs. If the Grantee elects
to protect, modify or relocate the Improvements it shall commence work promptly and
diligently prosecute such work to completion prior to the scheduled date of
commencement of PSE's construction. If Grantee elects to pay PSE's added costs,
Grantee shall give PSE satisfactory assurance of payment of such costs at the time
such notice of election is given. If Grantee does not so elect one of the above-
described options by giving PSE the required notice, PSE shall be entitled to make
such an election on behalf of Grantee, Grantee agrees that this election shall be
binding upon Grantee and have the same effect as if made by Grantee. If PSE so
elects option (a) described herein or if Grantee elects option (a) and fails to commence
and prosecute its work as contemplated herein, PSE may, at its option, undertake such
work on behalf of Grantee as PSE deems necessary pursuant to option (a) and
Grantee shall promptly pay PSE for all costs incurred by PSE in performing such work.
PSE's costs reimbursable under this paragraph are defined as in Paragraph 9 herein.
13. Termination for Breach. In the event Grantee breaches or fails to
perform or observe any of the terms and conditions herein, and fails to cure such
breach or default within ninety (90) days of PSE's giving Grantee written notice thereof,
or within such other period of time as may be reasonable in the circumstances, PSE
may terminate Grantee's rights under this Agreement in addition to and not in limitation
of any other remedy of PSE at law or in equity, and the failure of PSE to exercise such
right at any time shall not waive PSE's right to terminate for any future breach or
default.
14. Termination for Cessation of Use. In the event Grantee ceases to use
the Improvements for a period of five (5) successive years, this Agreement and all
Grantee's rights hereunder shall automatically terminate and revert to PSE.
15. Release of Improvements on Termination. No termination of this
Agreement shall release Grantee from any liability or obligation with respect to any
matter occurring prior to such termination, nor shall such termination release Grantee
from its obligation and liability to remove the Improvements from PSE's Property and
restore the ground.
16. Removal of Improvements on Termination. Upon any termination of
this Agreement, Grantee shall promptly remove from the Easement Area its
Improvements and restore the ground to the condition now existing or, in the
alternative, take such other mutually agreeable measures to minimize the impact of the
Improvements on PSE's Property. Such work, removal and restoration shall be done at
the sole cost and expense of Grantee and in a manner satisfactory to PSE. In case of
failure of Grantee to so remove its Improvements, restore the ground or take such other
mutually agreed upon measures, PSE, may, after reasonable notice to Grantee,
remove Grantee's Improvements, restore the ground or take such measures at the
expense of Grantee, and PSE shall not be liable therefor.
17. Third Party Rights. PSE reserves all rights with respect to its property
including, without limitation, the right to grant easements, licenses and permits to others
subject to the rights granted in this Agreement.
18. Release and Indemnity. Grantee does hereby release, indemnify and
promise to defend and save harmless PSE from and against any and all liability, loss,
cost, damage, expense, actions and claims, including costs and reasonable attorney's
fees incurred by PSE in defense thereof, asserted or arising directly or indirectly on
account of or out of (1) acts or omissions of Grantee and Grantee's servants, agents,
employees, and contractors in the exercise of the rights granted herein, or (2) acts and
omissions of PSE in its use of PSE's Property which affect Grantee's employees,
agents, contractors, and other parties benefiting from said Improvements; provided,
however, this paragraph does not purport to indemnify PSE against liability for damages
arising out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of PSE or PSE's agents or employees.
19. Insurance. Prior to Grantee's construction activities or other substantial
activities on PSE's Property under the rights provided herein, Grantee shall submit to
PSE evidence that Grantee or Grantee's contractors has obtained comprehensive
general liability coverage naming PSE as an additional insured (including broad form
contractual liability coverage) satisfactory to PSE with limits no less than the following:
Bodily Injury Liability, including $2,000,000
automobile bodily injury each occurrence
Property Damage Liability, including $2,000,000
automobile property damage liability each occurrence
Said evidence shall be submitted on PSE's Certificate of Insurance standard
form (which form PSE shall provide upon request) or such other form as PSE may from
time to time approve.
Said coverage shall be maintained by Grantee or Grantee's contractors during
the period when such activities take place.
20. Taxes and Assessments. Grantee shall promptly pay or reimburse PSE
for any taxes and/or assessments levied as a result of this Agreement or relating to the
Grantee's improvements constructed pursuant to this Agreement.
21. Title. The rights granted herein are subject to permits, leases, licenses
and easements, if any, heretofore granted by PSE affecting PSE's Property subject to
this Agreement. PSE does not warrant title to PSE's Property and shall not be liable for
defects thereto or failure thereof.
22. Notices. Unless otherwise provided herein, notices required to be in
writing under this Agreement shall be given as follows:
If to Puget: Puget Sound Energy, Inc.
Corporate Facilities PSE 10S
P.O. Box 97034
Bellevue, WA 98009-9734
If to Grantee: City of Kent
400 West Gowe
Kent, WA 98032
Notices shall be deemed effective, if mailed, upon the second day following
deposit thereof in the United States Mail, postage prepaid, certified or registered mail,
return receipt requested, or upon delivery thereof if otherwise given. Either party may
change the address to which notices may be given by giving notice as above provided.
23. Assignment. Grantee shall not assign its rights hereunder. No
assignment of the privileges and benefits accruing to Grantee herein, and no
assignment of the obligations or liabilities of Grantee herein, whether by operation of
law or otherwise, shall be valid without the prior written consent of PSE.
24. Successors. The rights and obligations of the parties shall inure to the
benefit of and be binding upon their respective successors and assigns.
25. Liability. In the event of any assignment of the rights hereunder, the
liability of Grantee and its assignees shall be joint and several.
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
PUGET SOUND ENERGY, INC.
By. 1 By. Aj
Citv of Kent
Its:
s� � wee
AGREEMENT AND EASEMENT FOR
PUGET SOUND ENERGY, INC. TO
STATE OF WASHINGTON )
) SS'
COUNTY OF KING )
On this -' day of , 4. �' 2019, before me, the undersigned,
personally appeared Brett Bolton, to me known to be the Manager Real Estate of
PUGET SOUND ENERGY, INC., the corporation that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and r above
written.
Print Name Kitzr s% r
Notary Public in and for theA9tate of
Washington, residing at LL t
KURT J KREBS
NOTARY PUBLIC My commission expires
STATE OF WASHINGTON
License Number 66145
9,2022
My Commission Expires June 2
"Exhibit A"
o-
The south 200 feet of the east half of the southwest quarter of the southwest quarter
of Section 29,Township 22 North,Range 5 Bast,W.M.,in King County,
Washington;
EXCEPT the north 185 feet of the east 235 feet;
AND EXCEPT the east 30 feet conveyed for 1041" Avenue Southeast by
deed recorded under Recording Number 2739776.
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SEWER EASEMENT
THE WEST 20.00 FEET OF THE EAST 11157 FEET OF THE NORTH 214.00 FEET
OF THE SOUTH 229.00 FEET OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29,TOWNSHP 22
NORTH,RANGE 5 EAST,W.M.,IN KING COUNTX WASHINGTON.
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