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HomeMy WebLinkAboutCAG2021-289 - Original - PSE, Inc. - Willis Naden Access Improvements Project - 06/21/2021rvn Lt I r \rr nElr I rJrrlLlttl. tr)E vlrl.r 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) 5up/Mgr: Dir Asst: DirlDep: KENT (Optional) WASHING'ON G oL CL CL Originator: K. Finn on behalf of C. Schuck Department: Law Date Sent: 061t7 /202r Date Required As soon as possible Authorized to Sign lZmuyor or Designee Date of Council Approval 6/ts/202t Budqet Account Number: R20070. 64420 .220 Budset? [vesf]to Grant? Yesll ruo Type: l\/ff Co +ao ELor-g +tq a EooL cn Vendor Name: Puget Sound EnergY, Inc. (PSE) Category: Other Vendor Number: 33642 Sub-Category: Other Project Name: Willis-Naden Access Improvements PrOiect ProjectDetails: The City is agreeing to terminate an existing access easement with PSE in exchange for a new slope easement to support the construction of a new roadway, running north to south from W. Meeker Street to W. Willis Street to the west of the PSE right-of-way' Agreement Amount l\/ff Start Date: Basis for Selection of Contractor: Oth ef* Memoto Mayor must be attached Termination Date: Local Businessil_lYes 6x lf meets requirements per KCC 3.70.1 00, pleose complete 'l/endor Purchase-Local Exceptions" form on Cityspoce. Business License Verification:|_l v"rll rn-Processl-l Exempt (KCC s.ol'04s) Notice required prior to disclosure? flv"'[ruo Contract Number: t^g L J*aGorccE'lE IAJ 3Eo oct Comments: 1. New Slope Easement - signature block on page B; requires notary 2, Slope Termination - signature block on page 19; requires notary xChristina Schuck - okay to sign *Please return originals to Kelly Finn Date Received: City Attorney: 6/17 /21Date Routed: Mayor's Office City Clerk's Office ad.cw22373 1,24 &tk z ly, Documents.KentWA.gov to obtain copies of all asreements rev. 202 1 05 1 3 CAG2021-289 RETURNADDRESS; Puget Sound EnergY, lnc. Attn: Real Estate DePt. / AEM P.O. Box 97034, EST-06E Bellevue, WA 98009-9734 @ PUGET SOUND ENERGY The Energy To Do Great Things EASEMENT FOR SLOPE REFERENCE #: GRANTOR: PUGET SOUND ENERGY, INC. GRANTEE: CITY OF KENT LEGAL DESCRIPTION: Ptn NW& SW 1/4 Sec. 24,Twp.22N, Rng. 04E, W.M., K'C ASSESSOR'S PROPERTY TAX PARCEL'. 242204-9097 TH|S AGREEMENT made ttris J ttt day of {tJr" ,20 Ll ' , between pUGET SOUND ENERGY, lNC., a Washington corporation ("PSE" herein), and CITY OF KENT, a Washington municipal corporation, "Grantee" herein); WHEREAS, PSE is the owner of a parcel of land in King County, Washington described as tax parcel number 242204-9097, said parcel is described as follows: The 100 foot Right-of-Way of the Seattle -Tacoma lnterurban railway over the east half of the northwesiquarter and government lot 7, All in Section 24, Township 22 N, Range 04 E, Less Streets and state HighwaY; And less that portion transferred by Deed to the City of Kent under King County recording num ber 201 907 25000929. 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 a permanent non-exclusive slope easement over, in, along and upon the PSE Property as legally described in the attached Exhibit "A" and as graphically depicted on the attached Exhibit "B". NOW THEREFORE, in consideration of the release of the Grantee's access easement held over, along and upon the PSE Property as depicted in the attached Exhibit "C" and other good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the performance by Grantee of lhe covenants, terms and conditions hereinafter set forth, PSE hereby conveys and quitclaims to Grantee the following easement: A nonexclusive perpetual slope easement over, across, along, in, upon and under that portion of PSE's Property described in Exhibit "A" for the purpose of altering and maintaining the grade in a manner sufficient to support a roadway on the adjacent City owned property through the introduction of fill material and surface restoration with hydroseeding ("lmprovements" herein). The terms "Easement" and "Easement Area" in this instrument refer to the easement herein granted on PSE's Property, which is described on the attached Exhibit "A" & Exhibit'B'. 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. Gost of Construction and Maintenance. Grantee shall bear and promptly pay all costs a-d expenses of construction and maintenance of the lmprovements. Z. Gompliance with Laws and Rules. Grantee shall construct, maintain and use the lmprovernents 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 Propertv bv PSE. Grantee's rights herein shall at all times be subordinate to zucfr 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 empioyees, agents, or to any other party benefiting from said lmprovements, for loss or injury iesulting from any damage or destruction of the lmprovements directly or indirectly ciuseO by PSE's existing or future use of PSE's Property. ln the event Grantee's use of pSE's Property interfere! with PSE's use of the Property, PSE shall notify Grantee of such interference. Within sixty (60) days of the date of notice, Grantee shall submit to pSE plans to cure such interference. Upon approval by PSE, Grantee shall have ninety (g0) days to cure such interference. Grantee may request an extension of these deadlines based -on unforeseen circumstances beyond Grantee's control. PSE shall not unreasonably withhold or delay approval of any such request to extend. 4. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation, alteration, replacement or removal of the lmprovements or any other major activity by Grantee on PSE's Property, Grantee shall give PSE written noiice thereoi together with preliminary plans and specifications for the same at least three (3) months prior to the scheduled commencement of such activity. PSE shall have tne rigni 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 proviiions 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 or delayed. PSE shall complete its review of any preliminary plans and specifications within forty-five (45) days of receipt. PSE may elect to extend this time period due to unforeseen circumstances necessitating a delay. Notwithstanding the ioregoing, in the event of any emergency requiring immediate action by Grantee for protection of the lmprovements, 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. Grantee acknowledges that PSE facilities are located within the easement area. Grantee shall include with any plans and specifications for construction of Grantee's improvements plans for the accommodation or mitigation of PSE's facilities. Such accommodation or mitigation plans shall be subject to PSE's approval, and performed in accordance with PSE's standards. All costs associated with the accommodation or mitigation of PSE's facilities shall be Grantee's sole responsibility. S. As-Built Survev. Upon PSE's request, Grantee shall promptly provide PSE with as-built drawings and survey showing the location and elevations of the lmprovements 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 pSf 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 lmprovements and conduct any other of its substantial activities on PSE's Property in a mannerthat, in PSE's reasonable judgment, is necessary to protect PSE's facilities, prevent hazardous conditions and minimize interruptions to PSE's utility operations. T. Goordination of Activities. Grantee shall give at least thirty (30) days advance written notice of the proposed dates of its construction, repair and maintenance activities on PSE's Property to PSE's Real Estate Department office (presently headquartered at Bellevue, 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 party's 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 lmprovements or other persons or property. Grantee may take such action upon such notice to PSE as is reasonable under the circumstances. L Work Standards. All work to be performed by Grantee on PSE's Property shall be Oesigned 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 ferformed 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 tontact 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. g. Ghanqes and Repairs to PSE's Facilities. Grantee shall promptly pay to PSE the cost of any retoCation, alteration, restoration and other changes or repairs to PSE's facilities wlrich PSE shall reasonably deem necessary by reason of the construction, use and maintenance of the lmprovements or other activities of Grantee on pSE's Property. Without limitation to the foregoing, Grantee shall promptly pay to PSE the cost of t'emporary raising of wires and the realignment or strengthening of underground vauits, conduits, power poles or towers made necessary by Grantee's activities pursuant to this Agreement. lf 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 char:ges 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 lmprovements 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 tiavel over and across the lmprovements, including travel by cranes and trucks with heavy loads. Grantee shall at all times keep PSE's Property free and clear of all obstructiohs and equipment. lf requested by PSE, the Grantee shall make provisions for continued access by PSE along PSE's Property during construction of the lmprovements. PSE's consent to Grantee's lmprovements or other work under Sections 4 and 7 of this Easement will be deemed as compliance with this Section 10. 11. lnspectors. 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 this Easement requires 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. Termination for Gessation of Use. ln the event Grantee ceases to use the lmprovernents tora period of seven (7) successive years, this Agreement and all Grantee's rights hereunder shall automatically terminate and revert to PSE. Grantee may request an extension of this time period upon a showing of good cause, and PSE shall not unreasonably withhold or delay approval of such extension request. 13. Release of lmprovements on Termination. No termination of this Agreement shail 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 lmprovements from PSE's Property and restore the ground. 14. Removal of lmprovements on Termination. Upon any termination of this Agreement, Grantee shall promptly remove from the Easement Area its lmprovements aid restore the ground to the condition now existing or, in the alternative, take such other mutually agreeable measures to minimize the impact of the lmprovements on PSE's Property. Such work, removal and restoration shall be done at the sole cost and expense of Graniee and in a manner satisfactory to PSE. ln case of failure of Grantee to so remove its lmprovements, restore the ground or take such other mutually agreed upon measures, PSE, may, after reasonable notice to Grantee, remove Grantee's lmprovements, restore the ground or take such measures at the expense of Grantee, and PSE shall not be liable therefor. 15. Third Partv Riqhts. PSE reserves all rights with respect to its property including, witnout timitation, the right to grant easements, licenses and permits to others subject to the rights granted in this Agreement. 16. Release and lndemnitv. To the maximum extent allowable by law, Grantee does nereOy 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 seryants, 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 whicliaffect Grantee's employees, agents, contractors, and other parties benefiting from said lmprovements; 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 iesulting from the sole negligence of PSE or PSE's agents or employees. 17. lnsurance. 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 lnjury Liability, including automobile bodily injury Property Damage Liability, including automobile property damage liability $2,000,000 each occurrence $2,000,000 each occurrence Said evidence shall be submitted vaiAcord certificate. Said coverage shall be maintained by Grantee or Grantee's contractors during the period when such activities take place. 18. 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. 19. 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. 20. Notices. Unless otherwise provided herein, notices required to be in writing under this Agreement shall be given as follows: lf to Puget: Puget Sound EnergY, lnc. Real Estate DePt., EST-06E P.O. Box 97034 Bellevue, WA 98009-9734 lf to Grantee: 0i c r- 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. 21. Assiqnment. Grantee shall not assign its rights hereunder. No assignment of the privileges-frFOenefits accruing to Grantee herein, and no assignment of the obligations or-liabilities of Grantee herein, whether by operation of law or othenrvise, shall be valid without the prior written consent of PSE. 22. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 2g. Liabilitv. ln the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several' 24. Counterparts. This Easement may be executed in counterparts, each of which will be deemed an original' EXECUTED as of the date hereinabove set forth ACCEPTED: GRANTEE By /rtnz /o'a, Brett Bolton, Manager Real Estate By Its: PUGET SOUND ENERGY, lNC State of County of o day of Itn this personally appeared to me known to be the individualwho executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal hereto affixed the day and year in this first above written. A ttt It Print Name Notary Public in and for the Washington, residing at My commission exPires b - 8 - aoaa, ltt oFW on this lq+^ day of 2O-Lj-, before me, the undersigned, persona lly appeared BRETT BOLTO N, to me known to be the Manag er Real Estate of PUGET SOUND ENERG Y, lNC., 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' WTNESS my hand and official seal hereto affixed the daY and written Print Name 5 20 Ll , before me, the undersigned, Notary Public in and for Washington, residing at My commission exPires gA'a1 3o, zsrz^ the /reJ-li.d of t tiodrrt{ufit rtnz$ Commiesidl ExPltcs May 30,2022 X lfv STATE OF EXHIBIT "A'' EXHIBIT A PORTION OF TAX LOT 2422MSOW SLOPE EASEMENT THAT PORTION OF THE WEST 2O.OO FEET OF THE 1OO FOOT WIDE FUGET SOUND EN E RcY R I G Hr o r wAY (sEAfi LE-rAc o MA I NTERU RSAN RAI LwAY[Iq'19_1q y]Ilsj iHE SoUrH MARGTN of MEeXeR STREET AND LYINc NoRTH oF TH- NoRTH MARGIN OF SR 516 (S.S.H. 5-A) LINE SURVEY AS SHOWN ON STATE HIGHWAY MAP SR 167 rEr..tl so. dss" sT. To so.22grH sT. SHEET 7 oF rc sHEETs, APPROVED 211511%6, LOCATED IN THE NORTHEAST OUARTER OF THE SOUTHWEST OUARTERAND THE Souff-l=nsr OUARTER of rne NoRTHWEST QUARTER OF SEcTloN 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. EXGEPT THAT PORT]ON CONVEYED TO THE CITY OF KENTAS RECORDED UNDER KING COUNTY RECORDING NUMBER 2O19O725OOO93O' CONTAINING 21,319 SQUARE FEET, MORE OR LESS. 3-'t -3aJ EXHIBIT "B'' -----J l-----J 50'50' I N I @ I Project #15-3015 oa AFN 201 ,f,N___sR 51 u)ts IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON. FFT 20' 31 SQ.o FT LOCATED IN THE NE 1I4 OF THE SW 1I4 OF SEC 24, TOWNSHIP 22 N, RANGE 4 E, W'M.G CITY OF KtrNT IA.ND SURVEY SECTION SLOPE EASEMENT ORAWN EYi TLM SCALE: 1"=200' EXHIBIT BDAIet 0514n02o EXHIBIT "C'' . HIII]ORDED THii NAYi: ;::30 Al'l tiqi; s iidt BY TI:T iJIVISION OF RECORDS & ELECTIONS lilN0 C0UNTY - EXHIBIT C 17, illclsF I "'i rilrli By EA 9EI,EI{-T.. Al[p AGRE-EMEI{T ,S3D 2 2 t:.:E\-\b\'lat .r'-* n:1.1.il1?ii '. .'.!'- .' -'-"j"iil , DePUS lo3 r\ rnrs EAsEI'ENT AND AGREEMET\II made this 2({ auy ot\\ - - ' ' , Lg66, by and befween pIEET souND PoI{ER & I]IGIII @ilpffiFli.lash ing toi co rporation ( "Gr antor " here in ) and CITV oF KEslIf,. a municipal corporation ("Grantee" herein)' R.ECITALS 4,. Grantoic is the owner of certain real Propelt'y conrnonly known as P,s.E. Right of lilay (hereinafter referred to as 't'iarcel A") situated in Section 24, Eownship 22 North' Range 4 East, W.M., IGnt, King county, lfashington. and out- fined in bl-ue on Exhibit "A" attached hereto and by this reference rnade a Part hereof,- B. Grantee is the cmrner of certain real ProPerty adjacent to Parcel. A (hereinafter ref,e*ed to as "?arcel B"] .outlLnect in Ereen on Exhibit [A". c. certain unknown persons are the ovners of certain residence real property ad'jacent to Parcel A (hereinafter reterred to as i'paicel-C"l outlined in black on Exhibib lA"- D. lhe State Highway Departmert has establisheil a Iimited access highway to the souttr of Parcels A, B and C which has eliminated access to Parcels B and' C' E. Grant€e desires to obtain an ea6enent frorn Grantor for the purpose of obtaining access to Parce1 B and al"so desiles Lo ottain an easenent for ttre benefit of, tlre owners of Parcel c to aLl-ov, ingress and egress to said Parcel C and Grantor is willing to grant such eas€n€nt upon the AF' v {tI e-g # eE a # F o terms and condi.tions hereafter set f,orth' fi!t r'iil c1?,1'J%* F opory Managemenl DePt' ' P. O' Box 310''' i:o-s.-iin Ave."Kent, WA 98o3l ' 't,'Aun, Carol Isaak \\ AUc'fd (rt AGREE.I',IE}fDS lfhe Paxties agree as follows: L. Grantor hereby grants. coweys and quitclaims to Grantee and its successors and assigns, a FerPet'uaL ease- nent over that portion of Parcel A outlined ln reil on Exhilit nA".Io(5stetf|Js 2- T1:e purFose of the easement herein conveyed is to allow access to Parcels B and C and for no other pur- Pose. ' 3, Grantee shaLl hpLd and save Grantor harmLess from any and all claims for damages suff,ered by any Person resultiig directJ.y or indirectly from the axercl"se of ttre rights herein grantod. 4. Promptly upon the receipt of, written rptice from Grantor, Grantee shaLl conunence construction of roadways within ttro linits of that portion of Parcel A outlined in red on Exhibit "A" and ehaLl compl'ete said construccion within a J.easonabLe ti,rne thereaf,ter. Grantee shalt there- after maintain said roadways in a satisf,actory manner' Grantor shall aLl'ow t'he continued use of the roadtrray presently existing on ParceL A untiL a reasonable tfune fras expired after Grantee has rsceived the above written notice. Attesl: Attest: It EECECI.IIED as of the date first above written. PUGET SOITND POVIER & LIGIItr CoMPA$IS T* c wr*a rrr-lli r*r{lnr*{ m GRA}I?OR GRANTSE E$-\b\-bb -2- SIATE OF imSttrI\]Cf,ON )los:gg corJMYoF xrnc) on tr,isJ8{ aav t' pers v and SOU}ID POTSER & TIGIIT the corporation that executed the foregoing instrunent. arrd acknowl-edgecl the said instru- ment to be the free and voJ-untary act and deed of said cor- poration, f,or the uses and PurpoEes therein mentioned, and on oath stated t?rat they were authorized to execute the said instrument and t}tat the seal affixecl is the corporate seal 3'f.,6aia corporation' my hand and official seal hereto affixed the 'day ana first a,bove written. Notary in ancl for the state !!' -/-tSTATE dF TnslrJlilsToN ) of Washi.ngton, residing at ffi,_, COUNTYOF KIN'G ) on this 3r&4'clay of J-966. before lll€, ...,",,',],i.;." the under CIfY OF KEI{F,w""hr#Ji"t' tii€ corpora tion that executed the f,oregoirrg ingtrurnent, and aclcnowledged the saicl insttunent to be the free and voluntary act and deed of, said corpora- tj.on, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and t-hat the seal affixed is the corporate seal. of said corPoration."i>,\ , '' dav 7in W:ITNESS my hand and of,ficiaL eeal hereto affixed the year first above written' in anilNotary of, Washington, reeiding tho State --1-aE4_rz.1z_ -3-E\- \\\-loh WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: City Clerk Reference Number of Related Document:a2 o30002 Citv of K tGrantor(s): Puoet S nd Enerov. Inc.Grantee(s): Abbreviated Legal DescriPtion :Pfn NW R,q W 114 9cc /. Trarn ?2 N R n nAtr W.M.. K.C Assessor's Tax Parcel No.: 242204-9097 STR: TERMINATION OF EASEMENT WHEREAS, in consideration for a permanent non-exclusive slope easement over, in, along and upon the PSE Property, the City of Kent agrees to extinguish its interest in that certain Easement recorded under King County Auditor's File #8209030002. NOWTHEREFORE, in consideration of mutual benefits derived, the City of Kent, a municipal corporation, does hereby terminate its interest in that certain Easement recorded under King County Auditor's File #8209030002 and does hereby release and relinquish all of its rights under the Easement. A depiction of the easement area in that certain Easemenf is shown in Exhibit "A" and is attached and incorporated herein.aDated CITY OF KENT: By: Title:Mavor 202L. Notary acknowledgment on following page Termination of Easement - Page 1 STATE OF WASHINGTON COUNW OF KING I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before ffi€, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Ltrr -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. Irttt (Signature) NOTARY PUBLIC, in and fo of Washington, residing at r the Statekvf My appointment expires b-8-Op WAltltt +o lAeL 6-0 8 120'137 ) ) ) ss 2- Termination of Easement - Page 2 EXHIBIT A Termination of Easement - Page 3 'it-ni.;i :ji\ltr{rltr.qt.t,-t t11;"J)it,::lt/;" iri.r.:l-iI'T+I:,- ii'lu":i ,r"liiilJFLJTJ'1ii!(\-J','j!.'"'.'lfIIIit.i l.*.i.rIlilIII: 'i ," 'j'IIjf-l)Lftt;,1.VA'Iz2L*-q\?'z,_t/rl\/lII"fti::i.li ---'-, I Ili.. ^;ll ^0'. uJi. ,,J1 .,l.{;i r.1' tr!Jl;l<: /ir:7\' l |.'r.JrL'j'_t iff1rli:.t(: iL.,li?O{-,O0O6OEB "t'j, "',,.i -,,-rr-$ ?4""t'{ f*i',r\.1\-f ,r:.rrbV\\5rJC]r-\rac)<i,i'{li/.bF?/'Y-jU\