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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