HomeMy WebLinkAboutCAG2023-452 - Original - Puget Sound Energy, Inc - Willis Street Improvements Settlement Agreement - 8/24/23 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
KEN T
W w s H I N c T o N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Cheryl Rolcik-Wilcox Public Works
Date Sent: Date Required:
> 08/17/2023 08/24/2023
O
CL Authorized to Sign: Date of Council Approval:
Q ❑Mayor or Designee 06/15/2021
Budget Account Number: Grant? Yes❑ No❑
Budget?❑Yes ONO Type: N/A
Vendor Name: Category:
Puget Sound Energy, Inc. Purchase/Sale
Vendor Number: Sub-Category:
Other
O
Project Name: ARPA-Willis Street Improvements
a- Project Details: Settlement Agreement for property acquisition, including a Warranty Deed to
O
4- the City and an Easement granted back to PSE for the Willis Street
C
a, Improvements Project
C
O Basis for Selection of Contractor:
Agreement Amount: $26,$00 *Memo to Mayor must be attached
i Start Date: Termination Date:
4711
Q Local Business?❑Yes❑No*IfineetsrequirementsperKCC3.70.100,pleasecomplete"VendorPurchase-LocalExceptions"formonCityspace.
Business License Verification: ❑Yes❑In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
❑Yes❑✓ No CAG2023-452
Comments:
Mayor Ralph - Please sign the attached Settlement Agreement (page 4 of
y this packet), the acceptance on the Warranty Deed (page 6 of this packet)
v1 and the easement from the City to PSE (page 15 of this packet). Please let
M me know if you have any questions! Thank you! Cheryl R-W
in O
3 0
a,
a,
cc
Date Received:City Attorney: 8/17/23 Date Routed:Mayor's Office ICity Clerk's Office Z�
adccw22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
1 y rev.20221201
l
SETTLEMENT AGREEMENT
Willis Street Improvements Project
City of Kent Project Number: 22-3029
Owner: Puget Sound Energy, Inc.
King County Tax Parcel Number: 242204-9097
This Settlement Agreement ("Settlement Agreement") is entered into by and
between the City of Kent, a Washington municipal corporation ("City") and Puget
Sound Energy, Inc., a Washington corporation ("PSE").
Background
A. PSE owns real property located in King County, Washington, tax parcel number
242204-9097 (the "Property"):
B. To accommodate the City's Willis Street Improvements Project ("Project"), the
City must acquire from the PSE the following property rights:
Right of Way acquisition of an 867 square foot portion of the Property,
as legally described in Exhibit A and depicted in Exhibit B to the attached
Statutory Warranty Deed referenced below (the "Property").
Now, therefore, the parties agree as follows:
Agreement
1. Settlement of Claims. The parties agree on the following as full and final
settlement of all claims for just compensation related to the City's Project.
2. Payment.
2.1 The City will pay PSE the amount of $26,800.00 (Twenty-Six Thousand
Eight Hundred and No/100 Dollars) as full compensation for the
Property.
2.2 The City will make payment as set forth in this Section 2 no later than
20 business days after the Effective Date of this Agreement.
3. Preparation and Execution of the Statutory Warranty Deed.
3.1 PSE will execute the Statutory Warranty Deed ("SWD"), attached as
Attachment A, to transfer a 867 square foot portion of the Property as
City of Kent/Puget Sound Energy Settlement Agreement - Page 1 of 3
right of way to the City as shown and depicted in Exhibits A and B to
the SWD, subject to the exceptions listed on Exhibit C to the SWD.
3.2 PSE will execute the SWD within 5 business days after the Effective Date
of this Settlement Agreement.
4. Electric and Gas Easement. Purchaser agrees as a condition to Closing to
grant to Seller and record at Closing a non-exclusive perpetual easement (the
"Electric and Gas Easement") attached hereto as Attachment B and shall be
over, under, along, across and through the property legally described in
Exhibit A and depicted in Exhibit B to the Electric and Gas Easement in
Attachment B (the"Property"), in order to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for
purposes of transmission, distribution and sale of electricity and gas. Seller
shall have the right of access to and from the Electric and Gas Easement area
over and across the "Property" to enable Seller to exercise its rights granted
in the Electric and Gas Easement agreement.
5. Successors and Assigns. This Settlement Agreement shall bind and inure to
the benefit of the parties and their respective successors and assigns.
6. Amendments. This Settlement Agreement may only be amended in writing,
signed by all parties.
7. Severability. If any term, covenant, condition or provision contained in this
Settlement Agreement is determined to be invalid, voided or otherwise
unenforceable, by any court of competent jurisdiction, such determination shall
in no way affect the validity or enforceability of any other term, covenant,
condition, or provision contained in this Settlement Agreement.
8. Authority To Sian. Each individual executing this Settlement Agreement on
behalf of one of the Parties warrants that he or she is authorized to bind such
party to this Settlement Agreement and its terms.
9. Execution in Counterparts. This Settlement Agreement may be executed in
duplicate counterparts, in which case each executed counterpart shall be
deemed to be an original and all counterparts together shall constitute one and
the same instrument. Signed versions of this Settlement Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of
original signatures on original versions.
City of Kent/Puget Sound Energy Settlement Agreement - Page 2 of 3
10.Entire Agreement. This Settlement Agreement, together with all exhibits
constitutes the entire agreement between the parties with respect to the
subject matter of this agreement. This Settlement Agreement is specifically
intended by the parties to supersede all prior agreements whether written or
oral.
11.Effective Date. This Settlement Agreement shall become effective as of the last
date signed below.
CITY OF KENT PUGET SOUND ENERGY
By: Dana Ralph By`:--
Title:— Mayor Title: i
Date:
— �'� Date: U2
a
City of Kent/Puget Sound Energy Settlement Agreement - Page 3 of 3
ATTACHMENT A
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Puget Sound Energy Inc., a Washington Public Utility corporation
formerly known as Puget Sound Power and Light Company
Grantee: City of Kent
Abbreviated Legal Description: Ptn. Govt. Lot 7 and W '/z of STR 24-22-4 W.M.
Additional Legal Description on: Exhibit "A"
Assessor's Tax Parcel ID No.: 242204-9097 STR: 24-22N-4E
Project Name: Willis Street Improvements
WARRANTY DEED
THE GRANTOR, Puget Sound Energy, Inc., a Washington Public Utility
corporation formerly known as Puget Sound Power and Light Company, for
and in consideration of Ten Dollars and No/100 ($10.00) and/or other valuable
consideration in hand paid, conveys and warrants to the City of Kent, a
Washington municipal corporation ("Grantee"), for right-of-way purposes, all its
interest, including any after acquired title, in the real property described and depicted
in the attached and incorporated Exhibits A and B, situated in King County,
Washington, and subject to the conditions listed on Fidelity National Title Company
of Washington, Inc. Commitment No. 611326141; Schedule B, Part 11, Paragraphs 1-
20, as set forth in Exhibit C, attached and incorporated.
(Signatures on following page)
WARRANTY DEED - Page 1 of 2
GRANTOR:
PUGET SOUND ENERGY, INC.
Names - vJ
Title: I G
Date: _ a`
STATE OF WASHINGTON )
ss.
COUNTY OF KING,-TA-
On this /S day of /Nue t�s �_ , 2023, before me, the
undersigned, personally appeared RYAN BLOOD, to me known as the
Director, Customer & System Projects of PUGET SOUND ENERGY, INC., the
corporation that executed the foregoing instrument, and acknowledge 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.
-Notary Sea!Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day a5 � q�em� above written. C.
- �U Y ' (Signature)
NOTARY PUBLIC, in and for the State
p�8 of Washington, residing at Al �
My appointment expires f, j_�Z
ACCEPTED:
CITY OF KENT
By: Da�aR
-'Ir—
Title: Mayor
Date: Z�
WARRANTY DEED - Page 2 of 2
EXHIBITA
TAX LOT 2422049097
PARTIAL AQUISITION
THAT PORTION OF GOVERNMENT LOT 7, IN SECTION 24, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTH OF THE SOUTH
MARGIN OF SR 516 (S.S.H. 5-A) LINE SURVEY AS SHOWN ON STATE HIGHWAY MAP SR
167 KENT SO. 285TH ST. TO SO. 228T" ST. SHEET 7 OF 10 SHEETS, APPROVED 2/15/1966,
LYING EAST OF THE WEST MARGIN OF THE 100 FOOT WIDE PUGET SOUND ENERGY
RIGHT OF WAY (SEATTLE-TACOMA INTERURBAN RAILWAY), AND LYING WESTERLY OF
A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH MARGIN OF W. WILLIS STREET, SAID POINT
BEING S89°42'56"W 492.32 FEET, AS MEASURED ALONG SAID NORTH MARGIN FROM
THE SOUTHWEST CORNER OF BLOCK 21, PLAT OF YESLER'S FIRST ADDITION TO
KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE
64, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT ALSO BEING AT STATION
222+13.14 AND 121.44 FEET RIGHT FROM SAID SR 516 LINE SURVEY; THENCE
N10°48'47"E 47.25 FEET MORE OR LESS TO SAID SOUTH MARGIN OF SR 516, SAID
POINT BEING AT STATION 222+21.86 AND 75.00 FEET RIGHT FROM SAID SR 516 LINE
SURVEY, SAID POINT ALSO BEING THE TERMINUS OF THE HEREIN DESCRIBED LINE.
CONTAINING 867 SQUARE FEET, MORE OR LESS.
� f :
'..,................
//- 30 r,2o2 2
EXHIBIT B
SR 516 -
w
Qti
H
~ 867 SQ.FT.
25'
m N PUGET SOUND ENERGY
RIGHT OF WAY
4 a PARCEL#2422049097 �-100'
4 - 492.32'
12.33'� POINT OF c
BEGINNING I SW�CORNER
W. WILLIS ST BLOCK 21, PLAT
OF YESLER'S
FIRST ADD
N
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
Project 422-3029 LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON.
PSE PARTIAL ACQUISITION
LOCATED IN THE NE 1/4 OF THE SW \ �i
1/4 OF SEC 24,TOWNSHIP 22 N, v KENT DRAWN BY: TLM
w"•"'"°'°° EXHIBIT
RANGE 4 E,W.M. CITY OF KENT SCALE: 1"=100' B
LAND SURVEY SECTION DATE: 09/07/2022
EXHIBIT C
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611326141
SCHEDULE B, PART II - Exceptions
(continued)
SPECIAL EXCEPTIONS
1. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
In favor of: Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Purposes: Railroad tracks
Recording Date: March 4, 1948
Recording No.: 3779607
Affects: Portion of Government Lot 7
2. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
In favor of: Olympic Pipe Line Company
Purposea: Pipeline and conduits
Recording Date: July 21, 1965
Recording No.: 5905398
Affects: The Westerly portion
3. Relinquishment of all existing,future or potential easements for access, light,view and air, and all rights of
ingress, egress and regress to,from and between said Land and the highway or highways to be constructed on
lands conveyed by Deed:
To: State of Washington
Recording Date: June 13, 1966
Recording No.: 6041077
4. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
In favor of: State of Washington
Purposes: Frontage Road
Recording Date: March 6, 1967
Recording No.: 6146237
Affects: Portion in Government Lot 7
5. Agreement and terms and conditions set forth therein,
Executed by: Puget Sound Power and Light Company
In favor of: City of Kent
Recording Date: September 14, 1972
Recording No.: 7209140523
Which among other things provides: Recreation trails
This page is only apart of a 2021 ALTAo Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AND T;"
ASSOCIATION
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 03.14.23 @ 11:12 AM
Page 8 WA-FT-FTMA-01530.610051-SPS-1-23-611326141
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611326141
SCHEDULE B, PART II - Exceptions
(continued)
6. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
In favor of: City of Kent
Purposes: Installing, constructing, operating, maintaining, removing, repairing, replacing and using a
sewer interceptor
Recording Date: October 8, 1975
Recording No.: 7510080544
Affects: Portion lying South of SR 516
7. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
In favor of: King County
Purposes: Recreational
Recording Date: November 10, 1977
Recording No.: 7711100684
Affects: Portion
First Amendment to Recreational Easement,
Recording Date: May 24, 1990
Recording No.: 9005240661
Assignment and Assumption Agreement for Recreational Trail Easement:
Assignee: City of Tukwila
Recording Date: April 10, 1995
Recording No.: 9504100634
Recording Date: May 3, 1995
Recording No.: 9505030241
8. Easements for the purposes shown below and rights incidental thereto as reserved in a document;
Reserved by: City of Kent
Purposes: Drain pipe
Recording Date: October 30, 1980
Recording No.: 8010300487
Affects: The Westerly portion
This page is only apart of a 2021 ALTA®Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
tttttttttttCAN
Copyright American Land Title Association. All rights reserved. AA CAN
RAND TITLE
SSUcI ION
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for.Title Insurance w-WA Mod(07/01/2021) Printed: 03.14.23 @ 11:12 AM
Page 9 WA-FT-FTMA-01 530.610051-SPS-1-23-611326141
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611326141
SCHEDULE B, PART II - Exceptions
(continued)
9. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
In favor of: Municipality of Metropolitan Seattle
Purposes: Storm drain outfall
Recording Date: November 6, 1980
Recording No.: 8011060573
Affects: The Westerly portion as delineated therein
10. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey,
Recording Date: September 1, 1993
Recording No.: 9309019009
Matters shown: Encroachment of improvements in the Easterly boundary line and the location of the Asbuilt
center of power cable towers.
11. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey,
Recording Date: February 6, 2003
Recording No.: 20030206900004
Matters shown: Interurban Trail
12. Ordinance No. 3871 and terms and conditions set forth therein,
Executed by: City of Kent
Recording Date: March 4, 2008
Recording No.: 20080304001288
Which among other things provides: Construct the improvements to widen and improve the roadways.
13. Easements for the purposes shown below and rights incidental thereto as condemned by an instrument,
Entitled: Easement Deed by Court Older in Settlement of Landowner Action
Court: United States District Court, Western District at Tacoma
Case No.: 3:11-cv-05274-RBL
In favor of. Print Communications Company, LP and Level 3 Communications, LLC
Purposes: Permanent telecommunications
Recording Date: August 16, 2013
Recording No.: 20130816000781
Affects: Portion of said premises and other property
And Recording Date: November 15, 2013
And Recording No.: 20131115001267
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMERILAN
Copyright American Land Title Association. All rights reserved. n_ivpTiTLE
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA Mad(07/01/2021) Printed: 03.14.23 @ 11:12 AM
Page 10 WA-FT-FTMA-01530.610051-SPS-1-23-61 1326141
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611326141
SCHEDULE B, PART 11 - Exceptions
(continued)
14. Easements for the purposes shown below and rights incidental thereto as condemned by an instrument,
Entitled: Easement Deed by Court Older in Settlement of Landowner Action
Court: United States District Court,Western District at Tacoma
Case No.: 3:11-cv-05274-RBL
In favor of: Print Communications Company, LP and Level 3 Communications, LLC
Purposes: Permanent telecommunications
Recording Date: April 16,2014
Recording No.: 20140416000165
Affects: Portion of said premises and other property
15. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
In favor of: City of Kent
Purposes: Slope
Recording Date: July 6, 2021
Recording No.: 20210706002438
Affects: The Westerly portion as delineated therein
16. Any law, ordinance or governmental regulation, (including, but not limited to any requirement of approval, consent,
exemption or other action by, notice to, or filing with the Surface Transportation Board(successor to the Interstate
Commerce Commission)of the U.S. Department of Transportation, or any public utility commission or other
regulatory authority) restricting, regulating, prohibiting or relating to the abandonment, cessation of rail operations
or disposition of the land described in Schedule A,or the effect of any violation of or failure to comply with these
laws, ordinances or governmental regulations.
17. Any reversionary rights arising by operation of any federal laws relating to the abandonment of rights of way.
18. Right,title and interest of current or former owners of abutting lands who may hold reversionary rights or
underlying fee title to said premises in the event the deed or deeds conveying the property to Seattle-Tacoma
Interurban Railway created only an easement or established reversionary rights, and rights of lien holders on
abutting lands based upon any assertions that the right of way is encumbered as an appurtenance.
19. Right of the public to use the subject premises for a right of way, utilities and/or road as disclosed by the King
County Tax Rolls.
20. The effect on the title and the description of the land due to possible gaps and/or overlaps contained within the
legal description in Schedule A and/or adjoining property.
This page is only a part of a 2021 ALTAO Commitment for Title Insurance issued by Fidelity National Title Insurance Company, This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. LNDTIT E
ASSOCIATION
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 03.14.23 @ 11:12 AM
Page 11 WA-FT-FTMA-01530.610051-SPS-1-23-611326141
ATTACHMENT B
RETURN ADDRESS:
Puget Sound Energy,Inc.
Attn: Property Management(SP)
PO Box 97034/EST-08W
Bellevue,WA 98009-9734
PUGET SOUND ENERGY
EASEMENT
REFERENCE#:
GRANTOR(Owner): CITY OF KENT
GRANTEE(PSE): PUGET SOUND ENERGY,INC.
SHORT LEGAL: PTN.OF SW'/4 SECT.24,T22N,R04E;W.M.
ASSESSOR'S PROPERTY TAX PARCEL: PTN.OF 242204-9097
For good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,CITY OF KENT,
a Washington municipal corporation ("Owner"), hereby grants and conveys to PUGET SOUND ENERGY, INC., a
Washington corporation("PSE"),forthe purposes hereinafter set forth,a nonexclusive perpetual easement over,along,
across and through the following described real property in King County,Washington(the"Property"):
SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
A SURVEY DEPICTING THE"PROPERTY"IS ATTACHED HERETO AS EXHIBIT"B."
Except as may be otherwise set forth herein, PSE's rights shall be exercised upon that portion of the Property the
("Easement Area")described as follows:
ALL OF THE ABOVE DESCRIBED PROPERTY.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of gas and electricity. Such systems may include:
a. Overhead facilities. Poles and other support structures with cross arms, braces, guys and anchors;
electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for
communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities or
appurtenances necessary or convenient to any or all of the foregoing.
b. Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity;
pipes,pipelines,mains,laterals,conduits,regulators,gauges and rectifiers for gas;fiber optic cable and other
lines,cables and facilities for communications;semi-buried or ground-mounted facilities and pads,manholes,
meters,fixtures,attachments and any and all other facilities or appurtenances necessary or convenient to any
or all of the foregoing.
Following the initial construction of all or a portion of its systems, PSE may,from time to time,construct such
additional facilities as it may require for such systems.
PSE Easement 2023
W0#152004373/RW-128696
Page 1 of 5
2. Access. PSE shall have a reasonable right of access to the Easement Area over and across the Property
to enable PSE to exercise its rights granted in this easement.
3. Easement Area Clearing and Maintenance. PSE shall have the right to cut, remove and dispose of any
and all brush,trees or other vegetation in the Easement Area. PSE shall also have the right to control,on a continuing
basis and by any prudent and reasonable means,the establishment and growth of brush, trees or other vegetation in
the Easement Area.
4. Trees Outside Easement Area. PSE shall have the right to cut, trim, remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE's reasonable judgment cause damage to PSE's
systems and/or present a hazard to the general public health, safety or welfare as defined in RCW 64.12.035. PSE
shall,except in the event of an emergency,prior to the exercise of such right,identify such trees and make a reasonable
effort to give Owner prior notice that such trees will be cut,trimmed, removed or disposed. Owner shall be entitled to
compensation for the actual market value of merchantable timber(if any)cut and removed from the Property by PSE.
5. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall,to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the
condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration obligations
under this paragraph as soon as reasonably possible after the completion of PSE's work.
6. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Owner shall not perform the following activities
without PSE's prior written consent: (1) excavate within or otherwise change the grade of the Easement Area; (2)
construct or maintain any buildings,structures or other objects on the Easement Area;and/or(3)conduct any blasting
within 300 feet of PSE's facilities. It is anticipated that the Owner will perform grading within the Easement Area for its
initial use of the Property which consist of roadway improvements, including curb, gutter, sidewalk, trail, roadway
embankment, shallow storm drain, utilities, and a planter. Grade changes in the Easement Area will be allowed with
PSE's prior written consent, which shall not be unreasonably withheld or delayed after the following described
departmental review by PSE has been made and requirements therefrom are accepted by PSE and Owner;Ninety(90)
days prior to the start of grading work the Owner shall provide proposed grading details("Grading Proposal"herein)to
PSE. The Grading Proposal will be reviewed by PSE engineering, and other stakeholder departments to ensure
minimum clearances are maintained,facilities are not negatively affected,and that access,maintenance and operations
are not adversely affected. In addition,the review will include an analysis of drainage changes and the effect to adjacent
PSE property. After said review and agreement between parties on mitigation of identified issues, PSE will issue a
"Consent for Use" as formal documentation of the acceptance of the Grading Proposal within the Easement Area.
Costs to relocate or modify PSE facilities to maintain the aforementioned operational standards and mitigation of
drainage on PSE property shall beat the Owner's sole expense. PSE shall complete its review within 60 days of receipt
of the Grading Proposal by the Owner. This time period may be extended if an emergency situation disrupts PSE
operations.
7. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
PSE's negligence, or the negligence of PSE's employees, agents or contractors in the exercise of the rights herein
granted to PSE,but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable
to the negligence of Owner, its employees, agents or contractors or the negligence of third parties.
8. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms of this
Easement shall be entitled to recover its reasonable attorneys'fees and costs incurred in said suit,including on appeal.
9. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the successors
and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its rights,obligations or interest
under this Easement without the prior written consent of Owner, which consent may not be unreasonably withheld.
Notwithstanding the foregoing,PSE may assign this Easement to an affiliate or in connection with a merger,acquisition,
corporate reorganization,sale of assets or other change in control.
10. Complete Agreement; Amendment; Counterparts. This Easement contains the entire agreement of
the parties with respect to this subject matter and supersedes all prior writings or discussions relating to the Easement.
This Easement may not be amended except by a written document executed by the authorized representatives of
Owner and PSE. This Easement may be executed in counterparts,each of which shall be treated as an original for all
purposes and all executed counterparts shall constitute one agreement.
PSE Easement 2023
W0#152004373/RW-128696
Page 2 of 5
11. Warranty and Representation of Authority. The parties each represent to the other that the person or
persons executing this Easement have authority to do so and to bind the parties hereunder. All consents,permissions
and approvals related to this Easement, and the obligations hereunder, have been obtained. Owner further warrants
to PSE that it has the necessary right,title and interests in the Property to grant the easement rights set forth herein.
12. Severability. Invalidation of any of the provisions contained in this Easement,or of the application thereof
to any person, by judgment or court order, shall in no way affect any of the other provisions thereof or the application
thereof to any other person and the same shall remain in full force and effect. If a provision is found to be unenforceable
or invalid,that provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate
the purpose of this agreement.
13. Non-Waiver. The failure of any party to insist upon strict performance of any of the terms,covenants or
conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder or at
law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants
or conditions. �`
DATED this O 't day of � I 10k 201L.
OWNER: CITY OF KENT,a Was "gton unicipal corporation
By:
DANA RALPH,Mayor
STATE OF WASHINGTON )
) SS
COUNTY OF )
On this 0�-l—day of 2023, before me, the undersigned, a Notary Public in
and for the State of Washington,duly c4ojmissioned and sworn, personally appeared DANA RALPH,to me known to
be the person(s)who signed as Mayor of CITY OF KENT,a Washington municipal corporation that executed the
within and foregoing instrument,and acknowledged said instrument to be his/her free and voluntary act and deed and
the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath
stated that he/she was authorized to execute the said instrument on behalf of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day d year first above written.
Q�r�•�01
N F Ih���'Oj.�// (Sig ature of Notary)
Z�1O ? p� i
Sv 12C137 t 2 i (Print or stamp name o Notary)
NOTA Y=UBLn n forte State fW shington, residing
11I11111\\\\\\�� My Appointment Expires: o('
Notary seal,text and all notations must be inside 1"margins
PSE Easement 2023
WO#152004373/RW-128696
Page 3 of 5
EXHIBIT"A"
LEGAL DESCRIPTION
APN: PTN. OF 242204-9097
EXHIBIT A
EASEMEN'C
THAT PORTION OF GOVERNMENT LOT 7,IN SECTION 24,TOWNSHIP 22 NORTH,
RANGE 4 EAST.W.M., IN KING COUNTY,WASHINGTON,LYING SOUTH OF THE SOUTH
MARGIN OF SR 516(S.S.H. 5-A)LINE SURVEY AS SHOWN ON STATE HIGHWAY MAP SR
167 KENT SO.285'ST,TO SO.228'ST.SHEET 7 OF 10 SHEETS,APPROVED 211511966,
LYING EAST OF THE WEST MARGIN OF THE 100 FOOT WIDE PUGET SOUND ENERGY
RIGHT OF WAY(SEATTLE-TACOMA INTERURBAN RAILWAY).DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH MARGIN OF W.WILLIS STREET,SAID POINT
BEING SB9"42'56"W492.32 FEET,AS MEASURED ALONG SAID NORTH MARGIN FROM
THE SOUTHWEST CORNER OF BLOCK 21,PLAT OF YESLER'S FIRST ADDITION TO
KENT,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE
64,RECORDS OF KING COUNTY,WASHINGTON,SAID POINT ALSO BEING AT STATION
222+13.14 AND 121.44 FEET RIGHT FROM SAID SR 516 LINO SURVEY;THENCE
N10"48'47"E 47.25 FEET TO SAID SOUTH MARGIN OF SR 516,SAID POINT BEING AT
STATION 222+21.86 AND 75.00 FEET RIGHT FROM SAID SR 516 LINE SURVEY-,THENCE
ALONG SAID SOUTH MARGIN N89"49'04'VV 2b.UU t-EE T TO A POINT BEING AT STATION
221+96 66 AND 75.00 FEET RIGHT FROM SAID SR 516 LINE SURVEY,SAID POINT ALSO
BEING ON THE WESTERLY MARGIN OF SAID 100 FOOT WIDE PUGE=T SOUND ENERGY
RIGHT OF WAY:THENCE ALONG SAID WESTERLY MARGIN SO4'40'40`E 46.70 FEET TO
A POINT BEING AT STATION 222+00.82 AND 121.54 FEET RIGHT FROM SAID SR 516 LINE
SURVEY,SAID POINT ALSO BEING ON THE NORTH MARGIN OF SAID W.WILLIS
STREET;THENCE ALONG SAID NORTH MARGIN N89°42'56"E 12.33 FEET TO THE POINT
OF BEGINNING,
CONTAINING 867 SQUARE FEET.MORE OR LESS,
Ile••LEE
LAW 11'
wrNHr4.....
PSE Easement 2023
WO#1 520 043 73/RW-128696
Page 4 of 5
EXHIBIT"B"
SSH 5-A STA.221+86.43
I
�I
4 SR 516
=I
221+88.80
tiI 1 r-887SOFT.
222+2A.88 -------
j PU'aET SOUND ENERGY
RIGHT OF WAY
PARCEL#24=4404T - low
� ...
f ---- 492.32' ----�' PTOF2+13 BEGINNING w.WILLIS ST `�' SW CORNER
222+13.14 BLOCK21,PLAT
-—-—-— - OF YESLEft`S
FIRST ADD
N
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
Project#2-3024 LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON,
PSE EASEMENT
LOCATED IN THE NE U4 OF THE SIN
1!4 OF SEC 24.TOWNSHIP 22 N, KENT DRAWN BY: TLM
RANGE 4 E,W.M. EXHIBIT
CITY OF KENT SCALE: 1'=100' B
LAM SUR%TY SECTION DATE: 05!08a2.U23
PSE Easement 2023
W0#152004373/RW-128696
Page 5 of 5