HomeMy WebLinkAboutACQ2019-004 - Other - Puget Sound Energy, Inc. - Easement Exchange - Willis-Naden Access Improvements Project - 05/26/2020KENT
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)WasHtNGtoN
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Originator:
Kelly Finn
Department:
Legal
Date Sent:
511112020
Date Required
Authorized to Sign:
E Director or Designee E Mayor
Date of Council Approval:
N/A
Budget Account Number:
R20070/'ts-3015
Budget? ElYes E No
Grant? El Yes EI No
Type:
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Vendor Name:
Puget Sound Energy, lnc.
Category:
Contract
Vendor Number:
33642
Sub-Category:
Other
project *u*". Willis-Naden Access lmprovements Project
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City is a Grantee to an Access Easement granted by PSE, and PSE built its substation over therroJect uetalls:1oo1orlni of the Acces Easement. The City doel not cunlntly utilize the Access Easement, and
would be befter served by exchanging the Access Easement for a slope easement with PSE.
Agreement 4rnsunl; N/A
Start Date: N/A
Basis for Selection of Contractor: N/A
Termination Date: N/A
Local BusinessT E Yes E No*
*lf meets requirements per KCC 3.7a.100, please complete'Vendor Purchase-Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
EYes E No
Contract Number:
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Date Received by City Attorney
5111t2013
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Comments:
Date Routed to the Mayor's Office:
Date Routed to the City Clerk's Offce:
ad(W2173_1,20 Visit Documents.KentwA.gov to obtain copies of all agreements
Agreement for Easement Exchange
This Agreement for Easement Exchange is between the City of Kent, a
Washington municipal corporation, ("City,") and Puget Sound Energy, Inc., a
Washington corporation ("PSE"). The effective date of this Agreement shall be Vlay13,
2020.
RECITALS
A. The City is a Grantee to an access easement granted by PSE in 8209030002,
King County Recording Number 82090 ("Access Easement"). The Access
Easement is attached as Exhibit A.
B. PSE built its substation over the footprint of the Access Easement. PSE plans to
make improvements to this substation and has started the permitting process
with the City ("PSE Substation Work").
C. The City does not currently utilize the Access Easement to access its property
and did not build a roadway as envisioned by the terms of the easement. The
City has used alternate means to access its property.
D. As the surrounding area redevelops, the City would be better served by
exchanging the unused Access Easement for a slope easement supporting the
construction of new roadway, running north to south from W. Willis Street W.
Meeker Street. Consequently, the City and PSE have agreed to exchange the
City"s interest in the Access Easement for a new slope easement allowing the
construction, reconstruction and repair of slopes supporting a new roadway. To
accomplish this exchange, the City agrees to relinquish its rights in the Access
Easement and PSE agrees to grant the City a slope easement in the location
depicted on Exhibit B ("Slope Easement").
E. PSE and the City will work together to draft the language forthe Slope Easement.
The recitals are incorporated by reference and the parties therefore agree as follows:
1. Easement Exchange.
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1.1. As consideration forthe new Slope Easement, the City agrees to extinguish
its interest in the Access Easement in exchange for PSE granting the City
PSE - CITY OF KENT AGREEMENT
FOR EASEMENT EXCHANGE
1
a Slope Easement in the location legally described and graphically depicted
in Exhibit B.
1.2. The City also agrees to release any and all claims related to the Access
Easement. The parties shall diligently and in good faith work together to
draft mutually acceptable language for the Slope Easement within 120
days of the effective date of this Agreement. This time period may be
extended if necessary upon mutual written agreement.
2. PSE Substation Improvement Protect.
2.1. The City agrees not to condition any permits needed for the PSE
Substation Work on the successful renegotiation or reconf igu ration of the
Access Easement that benefits other adjacent property owners.
Additionally, the City will not impose any conditions requiring PSE to make
improvements to the Access Easement in its current configuration or in
any reconfigurations.
3, Effective Date. This Agreement shall be effective on May 13, 2020.
4. Execution of Documents. The Parties agree to execute any other documents
that may be necessary to give effect to this Agreement.
S. Counterparts. This Agreement maybe executed in any number of counterparts,
and once so executed by both parties, each such counterpart will constitute an
original.
6. Entire Acireement. This Agreement,, tog ether with all attachments, constitutes
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the entire agreement between the Parties with respect to the subject matter of
this Agreement.
7. Attorney"s Fees. Should either party bring suit to enforce this Agreement,
each party shall be responsible for its own attorneys fees and costs and expert
witness fees, if any, incurred in connection with such lawsuit.
PSE - CITY OF KENT AGREEMENT
FOR EASEMENT EXCHANGE
2
S. Waiver, Alteration or Modification. No waiver, alteration or modification of
any of the provisions of this Agreement shall be binding unless in writing and
signed by the duly authorized representatives of the City and PSE.
PSE:
Puget Sound Energy, a Washington
corporation
I
Its: IM,4144a� 9F?9L-
Date : 41,4V
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CITY:
City of Kent,, a Washington Municipality
Its:
Date:
PSE — CITY OF KENT AGREEMENT
FOR EASEMENT EXCHANGE
3
By
Its
By
Its
8. Waiver' Alteration or Modification. No waiver, alteration or modification of
any of the provisions of this Agreement shall be binding unless in writing and
signed by the duly authorized representatives of the city and psE.
PSE:CITY:
Puget Sound Energy, a Washington
corporation
City of Kent, a Washington Municipality
Dana Ralph
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PSE - CITY OF KENT AGREEMENT
FOR EASEMENT EXCHANGE
3
Date:Date