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HomeMy WebLinkAboutCAG2023-554 - Original - Puget Sound Energy - Easement: Sun Meadows Park Well House - 11/13/2023 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 WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Phung Huynh for Terry Jungman Parks, Recreation & Community Services Date Sent: Date Required: > 10/10/2023 10/16/2023 0 0. Authorized to Sign: Date of Council Approval: Q Mayor or Designee 9/19/2023 Budqet Account Number: Grant? Yes NOW] P21063.5XXXX Budget?0Yes ONo Type: N/A Vendor Name: Category: Lake Meridian Water District Contract Vendor Number: Sub-Category: = 58877 Original 0 Ira Project Name: Easement to Puget Sound Energy for Well House at Sun Meadows Park s1. Project Details: Lake Meridian Water District has requested new energy service from Puget Sound Energy("PSE")to 0 operate the mechanical components of the well pumps. Under this easement agreement, the City will C authorize the necessary easement to PSE for this new service line, which is approximately 1,601 square feet and located within existing easements granted previously to the District. C Basis for Selection of Contractor: Agreement Amount: 4274.67 *MemotoMoyormustbeattached Other i Start Date: Termination Date: n/a a1 Q Local Business?❑Yes F,—/]No*lfmeets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: El Yes In-Process1-1Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number: F—]YesFV—]No C� ®�7J�.554 Comments: H L 4W Cn 3 0 a, a [Date Received:City Attorney: 10/26/23 Date Routed:Mayor's Office 46A Db3c ity Clerk's Office '®� � adccw22373_1_z(d Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 Instrument Number:20231121000928 Document:EAS Rec: 5210.50 Page-1 of 8 Record Date:11/21/2023 4:39 PM Electronically Recorded King County,WA AFTER R-ECORDING MAIL T', City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 A HI T N T'A°TE E� Ef2° VE EE°T DOCUMENT TIT L ( ): Easement to Puget Sound Energy for Well House at Sun Meadows Park REFERENCE ( ) OF DOCUMENTS ASSIGNED OR REL E : N/A GRANTOR(S): 1. City of Kent, a Washington Municipal Corporation GRANTEE( ): 1. Puget Sound Energy PARCEL NUMBERS: 141-11 ABBREVIATED LEGAL DESCRIPTION: TRACT C,SUN MEADOWS DIVISION NO.2,A RECORDED IN COLUME 130 OF PLATS, PAGES 61-62, RECORDS OF KING COUNTY,WASHINOTON PROJECT NAME: Easement to Puget Sound Energy for Well House at Sun Meadows Park Instrument Number:20231121000928 Document:EAS Rec: 5210.50 Page-2 of 8 Record Date:11/21/2023 4:39 PM King County,WA RETURN ADDRESS: Puget Sound Energy,Inc. Attn:ROW Department(MRN) 1660 Park Lane Burlington,WA 98233 PUGET SOUND ENERGY EASEMENT REFERENCE#: N/A GRANTOR(Owner): CITY OF KENT GRANTEE(PSE): PUGET SOUND ENERGY,INC. SHORT LEGAL.: TRACT C,SUN MEADOWS DIVISION NO.2(SE'/s SEC 33-22N-OSE) ASSESSOR'S PARCEL_#: 809141-1150 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF KENT a municipal corporation of the State of Washington ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property(the"Property"herein)in King County,Washington: TRACT C, SUN MEADOWS DIVISION NO.2, AS RECORDED IN COLUME 130 OF PLATS,PAGES 61-62,RECORDS OF KING COUNTY,WASHINGTON. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area"herein)described as follows: SEE EXHIBIT"A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A SURVEY DEPICTING THE EASEMENT AREA IS ATTACHED HERETO)AS EXHIBIT 11121.11 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 electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables,vaults,switches and transformers for electricity,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 shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the right,but not the obligation to cut,remove and dispose of any and all brush,trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation,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. PSE UG Electric Easement 2014 WO#105103237/RW-130653 Page 1 of 5 Instrument Number:20231121000928 Document:EAS Rec: S210.50 Page-3 of 8 Record Date:11/21/2023 4:39 PM King County,WA 3. 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 sole judgment,interfere with or create a hazard to PSE's systems. 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. 4. Restoration. Following 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, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. 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 excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its 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 or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. B. Successors and Assigns. PSE shall have the right to assign,apportion or otherwise transfer any or all of its rights,benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing,the rights and obligations of the parties shall be binding upon their respective successors and assigns. PSE UO Electric Easement 2014 VVO#105103237/RW-130653 Page 2 of 5 Instrument Number:20231121000928 Document:EAS Rec: S210.50 Page-4 of 8 Record Date:11/21/2023 4:39 PM King County,WA DATED this B day of_ ") "F _,20_ OWNER: CITY OF KENT A MUNICIPAL CORPORATION By: — DANA RALPH Its: MAYOR" STATE OF WASHINGTON ) SS COUNTY OF ) On this., _day of 7.0 ., before me,the undersigned, a Notary Public in and for the State of Washington,duly commissioned and sworn, personally appeared DANA RALPH, to me known to be the person who signed as Mayor, of CITY OF KENT, the 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 and year first above written. 'F,A® ®/� (SiQ�ry)i�-t6ureof 0- ®® . LL 1 (Print or stamp name of Notary} NOTARY PUBLIC in and for the State of Washington, residing op'11wiZv�'4"eo WASH at _p 1 My Appointment Expires: Notary seal,text and all notations must be inside 1"margins PSE UG Electric Easement 2014 W0#10510323"7/RW-130653 Page 3 of 5 Instrument Number:20231121000928 Document:EAS Rec: S210.50 Page-5 of 8 Record Date:11/21/2023 4:39 PM King County,WA EXHIBIT A PARCEL NO. 809141-1150 FUSE EASEIIMENT A 10.00 FOOT WIDE STRIP OF LAND WITHIN TRACT`C', SUN MEADOWS DIVISION NO. 2,AS RECORDED IN VOLUME 130 OF PLATS,PAGES 61-62, RECORDS OF KING COUNTY, WASHINGTON, LYING 5.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE INTERSECTION OF SOUTHEAST 282ND WAY AND 132ND AVENUE SOUTHEAST, THENCE NORTH 01°05'58"EAST ALONG THE CENTERLINE OF SAID 132ND AVENUE SOUTHEAST A DISTANCE OF 239.17 FEET; THENCE NORTH 88°54'02"WEST A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 89°49'30"WEST A DISTANCE OF 79.78 FEET; THENCE NORTH 14°11'02"WEST A DISTANCE OF 19.01 FEET, THENCE NORTH 07°3941"EAST A DISTANCE OF 40.86 FEET THENCE NORTH 14°47'24"WEST A DISTANCE OF 20.49 FEET TO A POINT OF TERMINUS; CONTAINING 1,601 SQUARE FEET, MORE OR LESS. PSE.DOCX Page 1 of 1 X-C 131 Or T,tCO"M I II I Instrument Number:20231121000928 Document:EAS Rec: S210.50 Page-6 of 8 Record Date:11/21/2023 4:39 PM King County,WA SE 1/4, SEC. 33, T. 22 N, R. 5 E., W.M. S \ >_ N 14°47'24" W 20.49' I�0 EA T AREA = 161 S.F.± 40.86' o N 11°02"0 1 ' 4 19,01° � !0 \ N 88°54'02" W C Io ? \ U-) \ S 89'49'30" W I w I \ \ 79.78 \ 1 I 50' ROW»_ I I I I EXISTING LAKE \ c>! MERIDIAN WATER \V A DISTRICT \ I Icy I EASEMENT \ PROPERTY LINES \ � �I Cr_ w C7 00 Ln L, N p LLJ ZI L I oa o�I Cn I r_a cL CD 1 _ I SE 282ND WAY _�_ _ ` N 88°50'�6"-w POTS DATE: MARCH 21, 2023 FILE: PSI ESMT EXHIBI'T.DWG EXHIBIT B Seattle PARCEL 09141-�-1150 aiat FPilW 9121,Suite 400 286 Tao'm;w8'«,e;UKVG1d0 PSE EASEMENT Instrument Number:20231121000928 Document:EAS Rec: S210.50 Page-7 of 8 Record Date:11/21/2023 4:39 PM King County,WA AGREEMENT BETWEEN LAKE MERIDIAN WATER DISTRICT AND THE CITY OF KENT RE:EASEMENTS AND IMPROVEMENTS AT SUN MEADOWS PARK 1. The City of Kent("City")is the owner of certain real property commonly known as Sun Meadows Park(„Park"). 2. The City previously granted certain easement rights to Lake Meridian Water District ("District")at or near the Park and received full and complete consideration for these easement rights in the form of$45,000 toward the cost of the City's contemplated park improvements. 3. The City and District now plan to execute an additional EASEMENT AGREEMENT AND DECLARATION OF PROTECTIVE COVENANTS attached as Exhibit 1 to this Agreement and incorporated herein by this reference("Easement Agreement").This Easement Agreement replaces the previous easement and slightly expands the footprint.This represents $2,250.81 of the total consideration paid to the City in Section 5. 4. The City and Puget Sound Energy("PSE")also intend to execute the EASEMENT attached as Exhibit 2 to this Agreement and incorporated herein by this reference(the"Utility Easement").This Utility Easement shall benefit the District by allowing PSE to service the District's improvements.This represents$4,274.67 of the consideration paid to the City in Section 5. 5. In recognition of and in full and complete consideration for the Easement Agreement and Utility Easement and the disruption in use of the Park during construction,the District has agreed to contribute to City,and City has agreed to accept from District,the sum of $6,525.48(the"Consideration")toward the cost of City's contemplated park improvements. 6. The District will pay the Consideration to the City within 30 days of the City's delivery to the District of the Easement Agreement and a copy of the Utility Agreement signed by its Mayor. 7. This agreement is effective as of the later of the signature dates below. Page 1 of 2 Instrument Number:20231121000928 Document:EAS Rec: 5210.50 Page-8 of 8 Record Date:11/21/2023 4:39 PM King County,WA IN WITNESS WHEREOF,City and District have executed this Agreement. CITY/GRANTOR: DISTRICT/GRANTEE: CITY OF KENT LAKE MERIDIAN WATER DISTRICT, a Washington municipal corporation a Washington special purpose municipal corporation Print Name. _--.-, _ Print Name: 1 �` Its: Its: ' 'c Date: . e Date:__ Page 2 of 2 8.M KENT WASHINGTON DATE: September 19, 2023 TO: Kent City Council SUBJECT: Easement to Puget Sound Energy for Well House at Sun Meadows Park - Authorize MOTION: I move to authorize the Mayor to sign the Easement Agreement with Puget Sound Energy to the City, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Sun Meadows Park was originally constructed as part of unincorporated King County. The City of Kent annexed the area in 1996, and the park property was formally conveyed from King County to the City of Kent in 1999. At the time of conveyance, Water District #111, now legally known as Lake Meridian Water District (District), owned and operated a municipal water well identified as Well #6 and a water treatment building on the park property, which were and continue to be an integral part of the water utility's service infrastructure. On May 4th, 2021, the Kent City Council authorized easements related to the ongoing operation of Well #6 granting the District a permanent easement over property included within Sun Meadows Park to allow the water district to continue to maintain and operate its existing well, to drill and construct a second well and associated infrastructure, and to continue maintenance and operation of its facilities within Sun Meadows Park. The new well was necessitated by the failing Well #6 and was necessary to maintain a safe, adequate water supply for nearby residents. Related and in furtherance of the operation of this new well, the District has requested new energy service from Puget Sound Energy ('APSE") to operate the mechanical components of the well pumps. Under this easement agreement, the City will authorize the necessary easement to PSE for this new service line, which is approximately 1,601 square feet and located within existing easements granted previously to the District. As compensation for providing this additional easement, the City will receive $4,274.67 from the District based on an appraised value of $2.67 per square foot. Funding will be used for improvements to Sun Meadows Park to be incorporated into a future parks capital project. The proposed easements have been incorporated into a park site plan so that future improvements will not conflict with the granted easements. i Packet Pg. 157 8.M BUDGET IMPACT: Additional unbudgeted revenue of $4,274.67. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. PPD_PSE - Sun Meadows Easement - Exhibit A (PDF) 2. PPD PSE - Sun Meadows Easement - Exhibit B (PDF) 09/05/23 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 9/19/2023 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner Packet Pg. 158