HomeMy WebLinkAboutACQ2019-004 - Supplement - Puget Sound Energy - Utility Easement - 06/15/2020Agreement Routing Form
KENT For Approvals, Signatures and Records Management
This form combines & replace5 the Request for Mayor's signature and contract cover sheet forms.
(Print on pink or cherry colored paper)WasxlNctoN
E
oLge
Originator:
Kelly Finn
Department:
Legal
Date Sent:
5t11t2020
Date Required
Authorized to SiEn:
tf Director or Designee El Mayor
Date of Council Approval:
N/A
Budget Account Number:
R20070/15-3015
Budget? EIYes ENo
Crant? E Yes EI No
Type:
,
C,o
P
G
ELor-
E
Pco
Eog
Lgl
Vendor Name:
Puget Sound Energy, lnc.
Category:
Contract
Vendor Number:
33642
5ub-Category
i
Other
proje6 *r*". Willis-Naden Access lmprovements Project
., The Citv is a GranteeProject Details:footprini of the Acc-es
to an Access Easement granted by PSE, and PSE buill its substration over the
Easement. The City doe6 not cunently utilize the Access Easement, and
would be better served by exchanging the Access Easernent for a slope easement with PSE.
Agreement Amount: N/A
Start Date: NIA
Basis for Selection of Contractor:
Termination Date:
N/A
N/A
Local Business? EIYes ENo*
*lf meets requirenents per KCC 3.70.10a, pkase complete 'Vendor Purchase-Laca! Exceptions" form on Cityspace.
Notice required prior to disclosureT
EYes El No
Contract Number:c*/;U
olc
iH
=\o
ES
At-EEog
.9UI
Date Received by City Attorney
5t11t2013
CrtkYb
Comments:
Date Routed to the Mayor's Office;
Date Routed to the City Clerk! Office:
idswrlB-l_10 Visit Documcnts.KentwA.govto obtain copies of all agreements
Instrument Number: 20200706001208 Docun/ent:EAS Rec: $107.50 Page-1of5
Record Du1u:7/6/2w2wIw:35 AM
Eledrmhualtv Recorded Mug County, WA
City ofKent
22OFourth Avenue South
Kent, Washington 90032
ATTN: City Clerk's Office
Grantor: PUGETSOUNC) ENERGY/EUEC, a Washington Public Utility Corporation
Grantee: City ofKent, o Washington nnUD|C|p8| CO[pOr8t|DO
Abbreviated Legal Description: A portion of the Northeast quarter of Section 12,
Township 22 North, Range East, VVi||arnettc Meridian, King County, Washington.
Additional Legal Description: On page 4 of document
Assessor's Tax Parcel ID Nos. 3830000002 Sl[R: Sec 12/T22N/R4E
Project Name: Puget Sound Energy Kent Substation Operations
Permit No.: KIVARECC-21O319O
UTILITY EASEMENT
��
THIS INSTRUMENT is made and entered into th|s/�^dy of
26�, by and between PU[5ETSOUN[} ENERGY/ELEC, a Washington Public Utility
Corporation ("Grantor"), and City of Kent/ a Washington municipal corporation
("Grantee").
Grantor, for and in consideration of mutual benefits derived and/or other
valuable consideration, receipt ofwhich is hereby acknowledged by Grantor, grants
and conveys to Grantee an easement for Sewer Utility with necessary appurtenances,
for the installation, operation, maintenance, extension, construction, alteration,
reconstruction and repair over/ Under, through, across and upon the following
described real property, situated in King county, Washington:
SEE EXHIBIT "A"ATTACHED
Grantee shall have the right, without prior institution of suit or proceeding at
|8vv, at times as may be necessary, to enter upon the above -referenced property, as
generally depicted in Exhibit "B," attached hereto and rneda a pert hereof, including
Utility Easement - Sewer Page :I of 5
Instrument Number: 20200706001200 Docuo/out:EAS Roc: S107.50Pugo'2of5
Record Date: 7/6/2020 10:35 AM King County, WA
any immediately adjacent incidental dnams, with the necessary equipment for the
purposes of altering, installing, operating, maintaining, extending/ constructing,
repairing, and r8cODStrU[t|Dg Sewer Utility facilities, or making connections t0those
systems; provided, however, that the private improvements existing within this
easement area and the immediately adjacent incidental areas shall not be disturbed
or destroyed, or in the event they are disturbed or destroyed, they will be restored
to substantially the same COndiUOD as they were |rOrn8d|8t8|y before the properties
were entered upon by the Grantee.
Grantor shall retain the right to use the surface of this easement, including the
|Olrned|ata|y DchdCeOt |OCideOLD| areas, so (ODg as that use does not UDF8aSOD8b|y
interfere with the Grantee's uses asdescribed in this document. NUstructures shall
be placed or erected on this easement except as approved in advance by the Grantee.
Grantor shall not change the surface grades, except as approved in advance by the
Grantee, in any manner that vvUU|d unreasonably interfere with |OgFeSS, 8gF8S5 and
access by the Grantee for the iDStO||aUon/ operation, maintenance, extension,
construction, reconstruction or repair of the facilities.
Grantee shall at all times exercise its rights under this easement in accordance
with the requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee accepts the easement area in its present
physical CODd|t|OD, AS IS. {S[8ntae dO8S hereby release, indemnify and promise to
defend and save harmless GnzOtO[ from and against any and all liability, loss,
damage, expense, actions and claims, including costs and reasonable attorney's fees
incurred by Grantor in connection therewith, arising directly or indirectly on account
OfOrout of the negligent exercise by Grantee, its servants, agents, 8D7p|Oyaes and
contractors ofthe rights granted inthis easement.
This easement shall be a covenant running with the land, and shall bind
Grantor's successors, heirs and assigns, and OU future OvVD8rS of the real property
affected bythis easement.
� ��
Utility Easement - Sewer Page 2 of
Instrument Number: 20200706001208 Document:EAS Rec: 5107.50 Page-3 of 5
Record Date:7/6/2020 10:35 AM King County, WA
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that /44 f ,-,/ /V/
_ is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized o,execute the instrument and acknowledged it as the Atta
of �` `° , a Washington limited liability company to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:.�...�,�,..t�
-Notary Seal Must Appear Within This Box-
9
Utility Easement - Sewer Page 3 of 5
Instrument Number: 20200706001208 Document:EAS Rec: S107.50 Page-4 of 5
Record Date: 7/6/2020 10:35 AM King County, WA
Exhibit A
PSE Kent Facility TCWXTCND-0001
Legal Description for Sewer Easement June 9, 2020
That portion of Parcel 1, City of Kent Short Plat as recorded under Recording No.
7810230760, records of King County, said parcel being a portion of Tract 11, Kent
Five Acre Tracts, King County, Washington, and more particularly described as
follows:
Beginning at the Northwest corner of said Parcel 1;
Thence easterly along the northerly line of said parcel, South 88018'10" East, 15,00
feet;
Thence leaving said line, South 01 "02'55" West, 325.40 feet;
Thence North 88057'05" West, 15.00 feet to the westerly line of said Parcel 1;
Thence northerly along said line, North 01 "02'55" East, 325.57 feet to the Northwest
corner of said Parcel I and the Point of Beginning.
Page I of I
20300 Woodinville Snohomish Rd NE
Suite A I Woodinville, WA 98072
P: 425.415.2000
f: 425.486,5059
www.dealnc.com
DAViD EVANG p:\t\tcwxtcnd0001\06DOinfo\sv\0695legoldescCiptions\draft\20-0609 pse kept facility sewer
nw-A S5 OCI A T F- S iw easement,docx
Instrument Number: 20200706001208 Document:EAS Rec: S107.50 Page-5 of 5
Record Date: 7/6/2020 10:35 AM King County, WA
POINT OF
BEGINNING
10
01 � I I ZZ:
EXHIBIT B
A PORTION OF THE S 1/2, NE 1/4,
SEC 12, TWP RGE 4 E, W.M.
KING COUNTY, WASHINGTON
15.00'
S88'1 8'1 WE
�- 15.0'SEWER
EASEMENT
0 'd
PARCELI
PARCELI
CITY OF KENT SHORT PLAT
RECORDING NUMBER 7810230760
E)ADr'Ul 11
PARCEL NO. 383000-0062
I
\—N88'67'05"W
15.00'
THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN
THE INTERPRETATION OF THE ACCOMPANYING LEGAL
DESCRIPTION. IF THERE IS A CONFLICT BETWEEN
THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH,
THE LEGAL DESCRIPTION SHALL PREVAIL,
Instrument Number: 20200706001229 Document:EAS Rec: $107.50 Page-1 of 5
Record Date:7/6/2020 10:40 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY KAREN GREAGOR, DEPUTY
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ATTN: City Clerk's Office
Grantor: PUGET SOUND ENERGY/ELEC, a Washington Public Utility Corporation
Grantee: City of Kent, a Washington municipal corporation
Abbreviated Legal Description: A portion of the Northeast quarter of Section 12,
Township 22 North, Range 4 East, Willamette Meridian, King County, Washington.
Additional Legal Description: On page 4 of document
Assessor's Tax Parcel ID Nos. 3830000062 STR: Sec 12/T22N/R4E
Project Name: Puget Sound Energy Kent Substation Operations
Permit No.: KIVA RECC-2183198
UTILITY EASEMENT
THIS INSTRUMENT is made and entered into this °�= day of
2020, by and between PUGET SOUND ENERGY/ELEC, a Washington Public Utility
Corporation ("Grantor"), and City of Kent, a Washington municipal corporation
("Grantee").
Grantor, for and in consideration of mutual benefits derived and/or other
valuable consideration, receipt of which is hereby acknowledged by Grantor, grants
and conveys to Grantee an easement for Water Utility with necessary appurtenances,
for the installation, operation, maintenance, extension, construction, alteration,
reconstruction and repair over, under, through, across and upon the following
described real property, situated in King county, Washington:
SEE EXHIBIT "A" ATTACHED
Grantee shall have the right, without prior institution of suit or proceeding at
law, at times as may be necessary, to enter upon the above -referenced property, as
generally depicted in Exhibit "B," attached hereto and made a part hereof, including
Utility Easement Page 1 of 5
Instrument Number: 20200706001229 Document:EAS Rec: 5107.50 Page-2 of 5
Record Date:7/6/2020 10:40 AM King County, WA
any immediately adjacent incidental areas, with the necessary equipment for the
purposes of altering, installing, operating, maintaining, extending, constructing,
repairing, and reconstructing Water Utility facilities, or making connections to those
systems; provided, however, that the private improvements existing within this
easement area and the immediately adjacent incidental areas shall not be disturbed
or destroyed, or in the event they are disturbed or destroyed, they will be restored
to substantially the same condition as they were immediately before the properties
were entered upon by the Grantee.
Grantor shall retain the right to use the surface of this easement, including the
immediately adjacent incidental areas, so long as that use does not unreasonably
interfere with the Grantee's uses as described in this document. No structures shall
be placed or erected on this easement except as approved in advance by the Grantee.
Grantor shall not change the surface grades, except as approved in advance by the
Grantee, in any manner that would unreasonably interfere with ingress, egress and
access by the Grantee for the installation, operation, maintenance, extension,
construction, reconstruction or repair of the facilities.
Grantee shall at all times exercise its rights under this easement in accordance
with the requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee accepts the easement area in its present
physical condition, AS IS. Grantee does hereby release, indemnify and promise to
defend and save harmless Grantor from and against any and all liability, loss,
damage, expense, actions and claims, including costs and reasonable attorney's fees
incurred by Grantor in connection therewith, arising directly or indirectly on account
of or out of the negligent exercise by Grantee, its servants, agents, employees and
contractors of the rights granted in this easement.
This easement shall be a covenant running with the land, and shall bind
Grantor's successors, heirs and assigns, and all future owners of the real property
affected by this easement.
GRANTOR:
PUGET SOUND ENERGY/ELEC,
v•
Its:
`f
Utility Easement Page 2 of 5
Instrument Number: 20200706001229 Document:EAS Rec: S107.50 Page-3 of 5
Record Date:7/6/2020 10:40 AM King County, WA
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ,/f`tl(,ty, t-4 , -ti ' I'
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the AU
of C/'��� �:a�� �'`�'" , a Washington limited liability company to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:,,,
-Notary Seal Must Appear Within This Box -
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written. IF
EZACHARY
PUBLIC (Signatur) s
i `SON NOTARY PUBLIC, in and for the State
119664 of Washington, residing atmy sJune26,2022 MY appointment p a ointment expires
::too
Utility Easement Page 3 of 5
Instrument Number: 20200706001229 Document:EAS Rec: S107.50 Page-4 of 5
Record Date:7/6/2020 10:40 AM King County, WA
Exhibit A
PSE Kent Facility TCWXTCND-0001
Legal Description for Water Easement June 9, 2020
That portion of Parcel 2, City of Kent Short Plat as recorded under Recording No.
7810230760, records of King County, said parcel being a portion of Tract 11, Kent
Five Acre Tracts, King County, Washington, and more particularly described as
follows,
Commencing at the Northwest Corner of said Parcel 2;
Thence easterly along the northerly line of said parcel, South 89000'40" East 25.43'
to the True Point of Beginning;
Thence continuing easterly along said line, South 89000'40" East, 15.00 feet;
Thence leaving said line, South 00059'20" West, 15.00 feet;
Thence North 89°00'40" West, 15.00 feet;
Thence North 00°59'20" East, 15.00 feet to the True Point of Beginning, said point
lying on the northerly line of said Parcel 2.
A
Page 1 of 1
20300 Woodinville Snohomish Rd NE
Suite A I Woodinville, WA 98072
C p: 425.415.2000
n f: 425.486.5059
1� www.deainc.com
0 AV? p EVA N 2 p;\t\tcwxtcnd0001\06001nfo\sv\0695legaldescriptlons\draft\20-0609 pse kent facility water
n.rae JA;', S 006 AT E fi easement.docx
Instrument Number: 20200706001229 Document:EAS Rec: S107.50 Page-5 of 5
Record Date:7/6/2020 10:40 AM King County, WA
EXHIBIT B
A PORTION OF THE S 1/2, NE 1/4,
SEC 12, TWP 22 N, RGE 4 E, W.M.
KING COUNTY, WASHINGTON
SOUTH 212TH STREET
POINT OF TRUE POINT OF — — —
COMMENCEMENTBEGINNING 15.00, '40"E
� 15.00'
S89°00'40"E--�
25.43'
N00°59'20"E—/
15.00'
PARCEL 9'd
S00°59'20"W
15.00'
15.0' X 15.0'
WATER
EASEMENT
DADrcI II
CITY OF KENT SHORT PLAT
RECORDING NUMBER 7810230760
N89°00'40"W
15.00'
PARCEL NO. 383000-0062
THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN
THE INTERPRETA77ON OF THE ACCOMPANYING LEGAL
DESCRIP770N. IF THERE IS A CONFLICT BETWEEN
7HE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH,
7HE LEGAL DESCRIP7ON SHALL PREVAIL.
DAVID EVANS
�• W-I
AMASSOCIATES INC.
20300 Woodinville Snohomish Rd NE
Suite A - Woodinville, WA 98072
Phone: 425.415.2000
v Z ��b CZa
o =' PSE KENT FACILITY
a a g° WATER EASEMENT
0
Q KING COUNTY PARCEL 3830000062 0 50 100