HomeMy WebLinkAboutCAG2022-383 - Original - Puget Sound Energy - Milwaukee II Levee: Slope Easement - 09/14/2022CAG2022-383
Instrument Number: 20221019000534 Document:EAS Rec: 5212.50 Page-1 of 10
Record Date:10/19/2022 2:28 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON, DEPUTY
PUGET SOUND ENERGY
The Energy 7b Oo Great Things
REFERENCE#:
GRANTOR: PUGET SOUND ENERGY, INC.
GRANTEE: CITY OF KENT
LEGAL DESCRIPTION: Ptn NW 1/4 Sec, 25, Twp. 22 N, Rng. 04 E, W,M,, K.C.
ASSESSOR'S PROPERTY TAX PARCEL: 000660-0028
THIS AGREEMENT made this _g�
day of ems._, 20_ , between
PUGET SOUND ENERGY, INC., a Washington corporation ("PSE7�erein), 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 000660-0028, said parcel is described as follows'.
That portion of the 100 foot Right -of -Way of the Seattle —Tacoma
Interurban railway in the northeast quarter of the northwest quarter of
section 25, Township 22 N, Range 04 E, W,M., King County, located
south of South 259th Street and north of the Green River,
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 access area and slope
easement over, in along and upon the PC E Property as legally described in the attached
Exhibit "A" and as graphically depicted on the attached Exhibit "B".
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, PCB hereby conveys and quitclaims to Grantee the following
easement,
A nonexclusive perpetual access area and slope easement over, across, along, in,
upon and Linder 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
Instrument Number: 20221019000534 Document:EAS Rec: S212.50 Page-2 of 10
Record Date:10/19/2022 2:28 PM King County, WA
levee wall on the adjacent City -owned property through the introduction of fill
material and surface restoration with hydro, seeding ("Improvements" 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 .
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.
1 Corn Rance wlth Laws andrle. 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 Pro ert b P Grantee's rights herein shall at all times
be subordinate to such rights of PE 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 PE 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. In the event Grantee's use of
PSE's property interferes 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
(90) days to Cure such interference. Grantee may request an extension of these deadlines
based on unforeseen circumstances beyond Grantee's control, PE shall not
unreasonably withhold or delay approval of any such request to extend.
4. e umred lrlor once and roval of Nana and S ecifications. Prior
to any installation, alteration, replacement or removal of the Im prove rnents or any other
major activity by Grantee on PSE's Property, Grantee shall give PE written notice
thereof together with preliminary plans and specifications for the same at least three (3)
months prior to the scheduled commencement of such activity. PE 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 or delayed. PE
shall complete its review of any preliminary plans and specifications within 45 days of
Instrument Number: 20221019000534 Document:EAS Rec: S212.50 Page-3 of 10
Record Date:10/19/2022 2:28 PM King County, WA
receipt. PSE may elect to extend this time period due to unforeseen circumstances
necessitating a delay. 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, 8AAs:-gBMu!i11LtS r Upon PSE's request, Grantee shall promptly provide
.;�u
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 in a manner that, in PSE's reasonable judgment, is necessary
to protect PSE's facilities, prevent hazardous conditions, and minimize interruptions to
PSE's utility operations.
7. Coordination of Activities. Grantee shall give at least 30 days advance
written noticeof 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 Improvements or, other
persons or property. Grantee may take such action upon such notice to PSE as is
reasonable under the circumstances,
& or 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
Instrument Number: 20221019000534 Document:EAS Rec: S212.50 Page-4 of 10
Record Date:10/19/2022 2:28 PM King County, WA
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,
khan and 9. Chan es and Rairs to Pac!!"sties. Grantee shall promptly pay to
PP the cost of any relocation, alteration, restoration and other changes or repairs to
PSE's facilities which PE 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
underground vaults, conduits, power poles or towers made necessary by Grantee's
activities pursuant to this Agreement, If PP so requests, Grantee shall provide
assurance of payment satisfactory to PP 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 PE, the Grantee shall make provisions for
continued access by PP along PSE's Property during construction of the Improvements,,
PSE's consent to Grantee's Improvements or other work under Sections 4 and 7 of this
Easement will be deemed as Grantee's compliance with this Section 10.
11. !q§p±ctors. PSE shall appoint one or several PSE representatives who
shall serve as inspectors to oversee all work to be performed by Grantee oil PSE's
Property, Grantee shall not carry on any work unless it has given such notice to PE 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 Cessation of Use. In the event Grantee ceases to use
the Improvements for a 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 PP shall
not unreasonably withhold or delay approval of such extension request.
Instrument Number: 20221019000534 Document:EAS Rec: S212.50 Page-5 of 10
Record Date:10/19/2022 2:28 PM King County, WA
13. Release of ImiDrovements 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.
14. Removal oIrn r��e ents 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 EASE shall not be liable
therefor.
15. Third Part i I ts. 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.
16. Release and Inde . To the maximum extent allowable by law, 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 EASE 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 PPE in its use of PSE's Property which affect
Grantee's employees, agents, contractors, and other parties benefitting from said
Improvements; provided, however, this paragraph does not purport to indemnify PSE
against liability for darnages 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,
17. Insurance, Prior to Grantee's construction activities or other substantial
activities on PSE's Property under the rights provided herein, Grantee shall submit to PPE
evidence that Grantee or Grantee's contractors has obtained comprehensive general
liability coverage naming EASE as an additional insured (including broad form contractual
liability coverage) satisfactory to EASE with lit -nits 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,
Instrument Number: 20221019000534 Document:EAS Rec: S212.50 Page-6 of 10
Record Date:10/19/2022 2:28 PM King County, WA
Said evidence shall be submitted via Acord 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 PE affecting PSE's Property subject to this
Agreement, PE 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'.
If to Puget: Puget Sound Energy, Inc.
Real Estate Dept,, EST-06E
P.0, Box 97034
Bellevue, WA 98009-9734
If to Grantee: City Clerk
City of Kent
220 Fourth Avenue S.
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.
21. A§1!qnMgRt. 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 PE.
22. Successors, The rights and obligations of the parties shall inure to the
benefit of and be binding upon their respective successors and assigns,
21 Lj2hj!j!y, In the event of any assignment of the rights hereunder, the liability
of Grantee and its assignees shall be joint and several.
24. gCgoyunn1teffpMAs. This Easement may be executed in counterparts, each of
which will be deemed an original.
Instrument Number: 20221019000534 Document:EAS Rec: S212.50 Page-7 of 10
Record Date:10/19/2022 2:28 PM King County, WA
EXECUTED as of the date hereinabove set forth.
GRANTEE
NTEE
y:
Its: 04rr
PUGET SOUND ENERGY, INC.
Brett Bolton, Manager Real Estate
Instrument Number: 20221019000534 Document:EAS Rec: S212.50 Page-8 of 10
Record Date:10/19/2022 2:28 PM King County, WA
State of-
-w-asn**I
County of
On this xlt day of 20_aQ before me, the undersigned,
personally appeared to me known to be the individual who 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 certificate first above
On this 10(4 day of -S 20_24k
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 h da an year above written.
Fla�.' �10 1,
1
0j/> * Print Narne
otary Public in and fo—r-th,, St t of
24, N
% ea
Washington, residing at
Puwc My commission expires
Instrument Number: 20221019000534 Document:EAS Rec: S212.50 Page-9 of 10
Record Date:10/19/2022 2:28 PM King County, WA
TAX LOT 0006600028
EASEMENT
.THAT PORTION OF SAMUEL W, RUSSELL DONATION CLAIM NO, 41, IN SECTION 25,
TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON; DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE S,W, RUSSELL DONATION CLAIM
NO, 41, THENCE S 00"11'08" EAST 1373,52 FEET TO THE SOUTHWEST CORNER OF
WATERMAN'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 12 OF PLATS, PAGE 11, RECORDS OF KING COUNTY, WASHINGTON; THENCE
N 89�42'56" E 551.31 FEET TO THE EASTERLY MARGIN OF THE UNION PACIFIC
RAILROAD COMPANY RIGHT OF WAY; THENCE SOUTHERLY ALONG SAID EASTERLY
MARGIN, S 04040'40" E 1505,22 FEET; THENCE S 53"25'20" W 117,79 FEET TO A POINT
ON THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY, SAID WESTERLY
MARGIN ALSO BEING THE EASTERLY MARGIN OF A 100 FOOT WIDE TRACT OF LAND
CONVEYED TO PUGET SOUND ENERGY, BY DEED UNDER RECORDING NUMBER
2644020, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEINGTHE POIN"r
OF BEGINNING; THENCE CONTINUING S 53'25'20W 35.19 FEET; THENCE S 25*02'55"
W 48,95 FEET; THENCE S 18'38'51'E 78.62 FEET THENCE S 83'09'06' E 35,89 FEET TO
SAID EASTERLY MARGIN OF SAID PUGET SOUND ENERGY RIGHT OFWAY, THENCE N
04"4014U'W 144,56 FEET TOTHE POINT OF BEGINNING,
CONTAINING 5,596 SQUARE FEET, MORE OR LESS.
7151tolZ
Instrument Number: 20221019000534 Document:EAS Rec: 5212.50 Page-10 of 10
Record Date:10/19/2022 2:28 PM King County, WA
SW CORNER
WATER A' ACRE
TRACTS
AX
.M
50, 51"
M,
,j 5,596 8Q. F
LO(",ATED IN THE NE 1/4 OF THE
NW 114 OF SEC 25, TOWNSHIP 22 N
RANGE 4 E, W.M
Line Table
P.O.C.
NW CORNER
CAL C #41
Line
Length
Direction
35,19,
S 53�25'20" W
L2
48.95'
S 25002'55" W
L 3
7862'
S 1('38'51 " E
N WA2'56" E
L4
35r891
S 83�09'06" E
'3
L5
144,56'
mm N 04'40'40" W
K im T
ENT
CITY OF KEN'r
L.AND SURVEY
INIP(')RTANT:
THIS IS NOT A SURVEY. jr IS FURNISHED
AS A CONVENIENCE T() LOCATE THE
LAND INDICATED HEREON WITH
REFERENCE TO STREETS AND OTHER
LAND NO UABIUTY IS ASSUMED By
REASON OF RELdANCE HEREON,
PUGET SOUND ENERGY
EASEMENT
DRAWN BY: M EXHI[BIT - M
SCALE: !"u=75::� B
DATE: 02101/2022