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:
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[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.
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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