HomeMy WebLinkAboutWWP2701571 Vantage Pt. Condos N.E. 3rd & Aberdeen S-250
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RE•DE0 KC RECORDS
,%CREEMENT FOR EASEMENT FOR SANITARY SEWER PIPELINE
THIS AGREEMENT made this•__2oth day Of_Novnm , 1978,
between PUGL'T SOUND POWER b LICHT COMPANY, a Washington corpora-
tion, ("Puget" herein) , and the CITY OF RENTON, a municipal
corporation of the State of tlashingto[� ("Grantee" herein) ;
WHEREAS, Puget is the owner of a strip of land two hun-
dred (200) feet in width running generally north and south
through the Southeast 1/4 of Section 8, Township 23 North,
Range 5 East, W.M. , Fing County, Washington, which strip of
land is presently owned and occupied by Puget an connection
with Puget's electric utility operations, (said strip being
hereafter referred to as "Puget's Right of Way") ; and
OD
WHEREAS, Grantee desires an easement for a sanitary sewer
pipeline across Puget's Right of Way at a location more specifi-
cally described hareinbelow;
NOW THERECOR3, in consideration, of Ten and No/100 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 con-
ditions hereinafter set forth, Puget hereby grants, conveys
and quitclaims to Grantee the following easements;
A. A nonexclusive perpetual casement across, along, in,
upon and under that portion of Puget's Riq'gt of Way described
in Exhibit "A" attached hereto and by this r,•ferm,cU h,,de a
part hereof, for the purpose of instailinq, constructing,
operating, maintaining, removing, repairing, roplacing and
using a sanitary sewer pipeline consisting of a concrete
pipe, not exceeding eight inches in diameter, with all con-
nections, manholes and underground appurtenances thereto
(herein the "Sewer Line") , together with the nonexclusive
:iqht of i^;gress to and egress from said portion of Pugct's
Right of Way for the foregoing purposes;
The terms "Ea%emcnt" and "Easoment Area" in this instru-
nent refer to the easement on thr property described in Exhibit
"A"
This casement is granted subject to and conditioned upon
the following terms, conditions and covenants which Grantee
hereby promises tc faithfully and fully observe and perform.
I. Cost of Construction and aaintenance. Grantee shall
bear and prrimpLIy;ay a cos"ts�ana riipenses of construction
and maintenance of the Sewer Line.
2. Compliance with Laws and Rules. Thar Grantee shall con-
struct, tmintain an3_uie tWe-9Ww r- ne in accordance with the
requirenents of Puget, the National Electric Safety- Code and
any statute, order, rule or rr.iulation of any public authority
having jurisdiction.
3. Use of the Right of Way by PPudet. Grantee's rights
F.erein shel•I aG aTl Lias "sit:iordinate to such riohts of
Puget as are necessary to preserve and maintain the capabil-
ities of Puget's Right of Way to be used for electric utility
purposes, and nothing herein contained shall prevent or pre-
clude Puget from undertaking construction, installation and use
of any electric utility facilities within Puget's Right of Way.
Puget shall not, be liable to Grantee or to Granter's employees,
agents, or to any other party benefiting from said Sewer Line,
for loss or injury resulting from any damage or destruction of
the Sewer Id ne directly or indirectly caused by Puget's existing
or future uve of Puget's Right of tray.
1•
t. Required Prior Notice and Approval of Plans and
SSecifPations. ' to any :nsta ation, a teration,-replace-
Meg or iior removal of the Sewer Line facilities or any other major
activity by Grantee on Puget's Right of Way, Grantee shall give
Puget written notice thereof together with preliminary plans
and specifications for the same at least six (6) months prior
to the schedcled commencement of such activity. Puget shall
have the right to require that such plans •nd specifications
be modified, revised or otherwise changee to the extent that
the final plans and specifications therefor shall include pro-
visions for the protection of Puget's facilitieb, the pre-
vention of hazardous conditions and mini num int.erruptio- to
Puget's utility operations. No such activity shall bt commenced
without Puget's prior wr,.tten approval of the plans aed specifi-
cations therefor and all changes or amendments thereto, which
approval shall no: be unreasonably withlield. Notwithstanding
the foregoing, in the event of any emergency requiring imme-
Aiate action by Grantee for protection of the Sewer Line, per-
sons or property, Grantee may take sucn action upon such notice
to Puget as is reasonable wider the circumstances.
0` Nothing herein shall be deemed to impose any duty or
co oblige.tion on Puget to determine the adequacy or sufficiency
of the Granter's plans and specifications, or to ascertain
N whether Grantee's construction is in conformance with the
N plans and specifications approved by Puget.
t` S. As-Build Sury Upon Puget's request, Grantee shall
promptly prp-vide—Puget with as-built drawings and survey showing
the location and elevations of the Sewer Line facilities on
Puqet's Right of Way.
6. Grantee's Use and Activities. Granteo shall exercise
its rights un er t Ts ogreement so es to minimize and avoid,
insotar as possible, interference with the use by Puget of
its Right of Way for electric utility purposes and shall at
all times conduct its activities on the Easement Area io as not
to interfere with, obstruct or endanger Puget's operatic..s or
facilities. Grantee shall install the Sewer Line and conduct
any other of its substantial activities on Puget's Right of Way
as may be communicated to Granted by Puget for the purpose of
Protecting Puget's facilities, preventing hazardous conditions
and minimizing interruptions to Puget's utility operations.
7. Coordination of Activities. Grantee shall give at
least JO d-ays aTvanco written notice of the proposed dates of
.its construction, repair and maintenance activities on Puget's
Right of Way to Puget's South Central Division (presently
headquartered at Renton, ❑ashington) , or such other division
Of Puget as Puget pay fron time to time designate. Grantee
shall cooperate in the revision of such dates and/or the
coordination of its activities with those of Puget's if
deemed necessary by Puget to minimize conflicts, insure pro- '
tection to each party's facilities, prevent hazardous con-
ditions, or minimize interruption of Puget's operations.
Provided, however, that in the event of an emergency requir-
ing immediate action by Grantee for the protection of its
facilities or other persons or property. Grantee may take
such action upon such notice to Puget as is reasonable
under the circumstances.
0. Work Standards. All work to be performed by Grantee
on Puget's Right of`Way shall be designed and constructed so
as to withstand the conseiuences of any short circuit of any
of Puget's electric facilities now or hereafter installed on
the Right of Way. All work to be performed by Grantee on
Puget's Right of Way shall also be in accordance with the
plans and :pecificatlons submitted to and approved by Puget
and shall be completed in a careful and workmanlike manner to
Pu,;ct's satib:Jrtion, free of claims or liens; however,
nothing herein shall be deemed to impose a duty or obliga-
tion on Puget with respect to the sufficiency thereof. With-
out limitation to the rogOing, Grancee shall exercise the
utmost caution when .eructing its activities in the vicinity
of any of Puget's energized power lines in order to prevent
any contact 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 Puget all of Puget's
costs necessary to re-establish destroyed surrey references
ani hubs established by Puget in conjunction with any sur-ey
for new facilities on Puget's Right of Way.
9. Changes and r.airs to Puuget's�Facilities. Grantee
shall promptly pay to Puget the costet ony re o tion, alter-
ation, restoration and other changes or repairs to Pu:let's
facilities which Puget shall reasonably deem necessary by
reason of the construction, use and maintenance of tha Sower
Line or other activities of Grantee on Puget', property. With-
Iq out limitation to the foregoing, Grantee shall promptly pay
CDto Puget the cost of temporary raising of wires and the
p realignment or s' rengthening of power poles or towers made
N necessary by Grantee's activities pursuant to this Agreement.
N If Puget so requests, Grantee shall provide assurance of
Payment satisfactory to Puget prior to Puget's commencement
of such wcrk. Puget shall accomplish such changes or repairs,
subject to the availability of labor and materials. For the
Purpose of tit. paragraph, 'cost" shall be defined as all
direct or assignable costs of materials, labor and services
including overhead, in accordance with characs for trans-
portation of men, material, and equipment, storage expense of
material and rental of equipment.
10. Access. The Grantee shall design, constru,-t• maint,..n
and use its-9 wet Line in such fashion os to permit reasonable
and continuous access along Puget's Right of Way in all direc-
tions, and in such fashion as to accommodate and support
vehicular travel over and across the Sewer Line, inclining
travel by cranes and trucks with heavy loads. Grantee shall
at all times keep Puget's Right of Way fret and clear of all
obs`ructions and equipment. If requested by Puget, the
Grantee shall take provisions for continued access by Puget
along Puget's Right of Way during construction of the Sewer
Line.
11. Inspectors. Puget sh,�ll appoint une or several Puget
representatives who shall serve as inspectors to oversee all
work to be performed by Grantee on Puget's Right of Way. R
Grantee shall not carry on any work unless it 'ias given such f
notice to Puget as may bt reasonable in the ci -cumstances
so as to allow for the presence of such inspec.or or inspectors.
Grantee and Grantee's contractors shall promptly and i•illy
comply with all orders and directions Of Puget's inspectors,
including without limitation, cessation of work, and Grantee's
construction contracts shall so provide. Gran".ee shall
promptly pay Puget's charge for such inspectors.
12. Conflict with Future Irstallat:ions of Puget,. In the
event that'-it shuZa become necessary- fug Fu`gvc io install
additional elc,.cric utility facilities or otherwise use Puget's
Right ci Way and if, in the sole judgment of Puget, the loca-
tion, existence and use of the Sewer tine interferes with such
installation or use to the extent that .t is inpraat.icable or
substantially more expensive to accomplish such installation
or use, or that such installation or u6r may 1..>se a ha:,ard
.•.,:,se of the locatiOtt, exist o:::a ut use: eat the Sower Lino,
Grantee shall have the obligation to eit.'ier, in Grantee's sole
discretion, (a) protect, modify or relocate the Sewer Line
at the cost and expense of Grantee, so as to remove the inter-
ference cr hazard to Puget's satisfaction, or (b) to reimburse
Puget for its adJsd costs of design, construction and installa-
tion to avoid such interference or hazard. In the event Puget
intends to undertake any such construction, Puget shall give
Grantee reasonable advance written notice of such intention
together with preliminary plans and specifications for such
work, ideitifying the potential interference or hazard and all
desig•: irformation relating thereto. In no event shall such
notice aid plans be required to be given Pore th un six meeths
prior t.. the scheduled commencement of wr.' .
Within one wroth alter receiving such notice item Puget,
Grantee shall give written notice to Puget by which notice
Grantee will elect to (a) protect, modify or relocate the
Sewer Line, or (b) reimburse Puget for its said added costs.
If Grantee elects to protect, modify or relocate the Sewer
Line it shall co-.m nce work promptly and dili�jsn-.ly liose-
cute such work to completion prior to the scht-duied date of
commencement of Puget's construction. If Grantee elects to
v pay Puget's added costs, Grantee shall give Puget satisfactory
assurance of payment of such costs at the time such notice of
O election is given. If Grantee ...ies not so elect one of the
Nabove-described options by giving Puget the required notice,
N ^uget shall be catitled to make such an election on behalf of
r Grantee. Grantee agrees that this election shall be binding
upon Grantee and have the same effect as if tide by Grantee.
t` If Puget so elects option (a) described herein or if Grant.eo
elects option (a) and fails to commence and prosecute its work
as contemplated 'ivrein, Puget r„ay, at its option, undertake
such work on behalf of Grantee as Puget deems neeessary pur-
suant to option (a) and Granter shall Promptly Pay Punt for
all costs incuri,d by Puget in performing such work. Puq,•
costs reimbursable under this paragraph are defined as in
Paragraph 9 herein.
13. Termination for Breach. In the event Granter brvoch�
or fails of the t,,rms and condition_
herein, and fails to cute such breach or default within ninety
(90) days of Puget's giving Grantee written notice thereof, or
within such other Period of time as may be reasonable in the
circumstances, Puget may terminate Grantee's rignts under this
Agreement in addition to and not in limitation of any other
remedy of Puget at law or in equity, and the failure of Puget
to exercise such right at any tire shall not waive ruget's
tight to terminate for any future breach or default.
14. Termination for Cessation of Use. In the event Grantee
ceases to use the� wci Line' i a� perioil of five (5) successive
y Lars, this Agreement and all crantet's rights hereunder shall
terminate and revert to Puget.
15. Release of Sewer Line on Termination. No termination
of this Agreer�nt aFiall ie7.ease Grantee fi6:n any liability or
obligation with respect to any mat-er .ccuirirg prior to such
termination, nor shall such eermin,:,.ior. release Grantee from
its obligation and liability to re%ovc the Sewer Line faciltties
from Puget's Right of Way and restore the ground.
16. Removal of Sewer Line on Terminatton. Upon any to,
rination o "thas Agreemwnt, Giaritee sTiall promptly remove fr
the Easement area the Sewer Line facilities and restore, t.:-
ground to the condition now existing or, in the alternative,
take such other mutually agreeaole measures to minimize the
impact of the Sewer Line on Puget's Right of Way. Such work,
removal and restoration shall be done at the sole cyst and
expense of Grantee and in a. manner satisfactory to Puget.
In case of failure of Grantee to so remove the Sewer Line
facilities, restore the ground or take such other mutually
agreed upon measures, Puget may, after reasonable notice to
Grantee, remove the Sewer Line facilities, restore the ground
or take such measures at the expense of Grantee, and Puget
shall not be liable therefor.
17. Third Party Rights. Puget reserves all rights with
respect ti its property including, withuut limitation, the
right to grant easements, licenser and permits to other sub-
lect to the rights granted in this Agreement.
18. Release and Indemnity. Grantee does hereby release,
indernify and promise to defend and save harmless Puget from
and against any rind all liability, loss, cost, damage, expense,
actions aid clairs, including costs and reasonable attorney's
fees incurred by Puget in defense thereof, asserted or arising
directly or indirectly on account of or out of (1) acts or
er omissions of Grantee and Grantee's servants, agents, =mployees,
0'` and coatr,,ctnrs in the exercise of the rights granted herein,
or (2) ae_s and omissions of Puget in its use of the Right of
Way which affect Grantee's employees, agents, contractoa, and
N
N other par+.ies benefiti.nq from said Sewer Line; provided, how-
ever, this: paragraph doe, not purport to indemnify Puget against
liability for damaces arising out of tnidily injury to persons
or damage to property caased by or rtntilting from the sole
negligence of Puget or Paget's agents or employees.
19. Insurance, Prior to Grante,•':. construction activities
or other su6sCan[ial activit" Ott Pua,;t 's Right of Way under
the rights provided herein, Grantee sh.,11 submit to Pnget
evidence *hat Grantee or Granten's contractors has obtained
comprehensive general liability covviay,• (including bread
Corm c•ontiaetual liability coveray,) t;.,tisl.,ctory to Puget
with limits no loss than the fcilowin,I:
bodily Injury Liability, ltcluding $110001000
auturobile bodily injury liability each occtsrunce
P rOIA-rty llar.:age Liability, including $1 ,000,000
autoe.:bile property dmtetage liability t,,wh Occurrence
Said evi6 not, shall be subtritted on Pu+let's certificate of
Insurance st,ind ,rd form (which form Puget shall providee upon--
t. yuo'it} Or :u:h of her form as Pulet n,ay Crum time to time
approve.
Sala -o varage shall be maintained ly grantee Or Grantee's
contractor, during the period wh,zn such activities take place. '
20. Taxxes. Grantee i:hall promptly pay or reimburse Puget
fur any taxes levied as a result of this Agrer:, nt or rclatinrr
to the Grantee's improver•:nts constructed pursuant to this
Agreurant.
21. Title. The rights granted herein are subject to per-
mits. lea<is'li�enses and ease-onts, if any, h.retofore granted
by Pu7••t a`tectin; the nrar,et t.y :,abiect. to this Agrrcmv.,t., Pu.,ct.
dais rat w.,rraa tirla' to its pt'.�;>.rty a-:d s"i:,l { t,a bu li..rblO
ter a-f• ..t, thereto or Ia;lajt t;erunf.
22, t1:,t ices, 1't.l ess otherwise provided hutuin, notices
required tc� aritin • u,,der t?:.is Agt :e1rvnt. shall be ytven
as foliow�:
1`. to Puget . wor f. I.iyht Comq,any
:eel ?:'..•ate 7..ie'.i,ion
Y uq.•t Y, „er bce,drr,y
2;:Yltw_. . .,•„uxtt e.n �F0%y
5 -
If to Gran g e: City of Renton
Department of Public works
Notices shall be decmud effective, if mailed, upon the
second day following deposit thereof in the United States Anil,
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.
23. Assignment. Grantee shall not assign its rights
hereunder. No assignment of t` n privileges ♦nd hNref"^ aecro-
ing to Grantee herein, and o •Si,n� n of c ,e .,A i.l, ioi b of
liabilities of Grantee herd , .hetr �r by 0A.•ration c 1,4 cr
otherwise, shall be valif withiut t:.e pzior written consent of
Puget.
24. Successors. The rights and obligations of the parties
shall inure to chc benefit of and be binding upon their respec-
tive successors and ausinns.
25. Liabilit_. In the ..vent of any assignment of the rights
co hereunder, _the liability of Grantee and its . s4igneus shall be
OD )uint and several.
N
N EXCUTED as o the date hereinabove set. forth.
0p�
r
ACCEPTED:
CITY OF REN',ON PUGET SOUND POIPER 6 L:GYT COMPANY
L:;tau. rision
t.har le,s ty'Delaurent Mayu�r/.
Attest:2k2�4J, .0 7L�.epL
Maxine E Motor, Dernity City Clerk
.,:ATE OF wASAf`;GT O:'i)
) SS.
CO3NTY 01' KL`:C )
On this 1j� day of Ftb-4wr.f 194, before me, the
Lmdersigned, puisonally .:Ppejzc.l L.'S',AE A. DONNER, to me known
to be the Manager-Real F':.tate Division of PUGS^ SOUND POWER z
LIGHT COAIP.I.\Y, the corporatiun 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 rientioned, and on oath stated that he is
authorized to execute the said ir,strur-,•nt.
wl'i;7L55 :a hand and official seal tvrett affixed the day
.i .d .,r .i9 r,v.• written.
for MW Stag: of
hashiryton, residing at�yp wWpJ,�_,
STATE OF 1/ASNINGTON)
) SS.
COUNTY OF KING )
On this A day of �1 ..� �, 1978, before
me, the undersiyne personal y al ppea reS
to me Known to De the tea � ---
of the CITY OF RENTON, t�icipaY#coypordtion that executed
the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary acc and deed of said municipal
corporation, for the uses and purposes therein mentioned, and
on oath stated that he is authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day
and year first above written.
00 Notary FuF f
an and or the State of
0 Washington, residing atOD
M
0
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EXHIBIT "A"
A strip of land 3.0 feet wide lying 5 feet on each side of the
following described centerline:
Beginning said centerline at a point on the southeasterly mar-
gin of Bronson Way Northeast, said point being 5 feet north-
easterly from the southwesterly margin of Puget Sound Power
s Light Company'm 200 foot wide transmission line right of way;
thence southeasterly along a line drawn parallel and 5 feet
adjacent to the said southwesterly margin of Puget Sound
P 4er L Light Company's transmission line right of way to a
point on the northwesterly margin of Northeast 4th St.-.et
and the terminus of said centerline.
Except any portion lying within Windsor Way Northeast,
V
0% All lying within the south 450 feet of the Southeast 1/4 of
CO the Southeast 1/4 of Section 8, Township 23 North, Range 5
000 fast, W.M.
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CITY CLERK'S OFFICE
INTER-OFFICE MEMORANDUM
TO: MAYOR DATE: 12/21/78
� Sr
FROM: DEE
SUBJECT: VANTAGE POIN1 CONDOMINIUM SEWER EASEMENT
WE HAVE RErE;VED A TELEPHONE CALL FROM ALLEN SEWER (682-4771)
VANTAGE POINT CONDO CONTRACTOR THREATENING A LAWSUIT AGAINST
THE CITY UNLESS THE AGREEMENT IS SIGNED IMMEDIATELY.
DAVE TIHB'-TS IS GONE UNTIL TUESDAY DECEMBER 26TH
PLEASE READ CITY ATTORNEY'S LETTER AND ADVISE AC'::ON YOU WANT
TIiKEN
Cc PUBLIC WORKS DIRECTOR
1IBBITS/HOUGHTON
OF RF •
C' OFFICE OF THE CITY ATTORNEY, RENTON,WASHINGTON
T.,��..} W i'--qi aMO • R.,b...'rY..f,6 .. .. .,
LAWRENCE ; WARREN, DANIEL KELLOGC9,
c December 19, 1978
e
TO: Maxine Motor, Deputy City Clerk
FROM: Lawrence ). Warren, City Attorney
Re: Vantage Point Condom' win Sewer Easement
Dear Maxine:
Please be advised that 1 have reviewed the above referenced document as to legal
form. The following are my comments on that document:
I. Paragraph 2 whe„tn in requires the '.:ity to act in acc.rdance with the
requirements of Puget should be clarified by adding the wxds "contained herein" so
that no c requirements or later written requirements could be,ome part of this
document.
2. The second sentence of paragraph 8 is overly strenuous. 1 believe the words
"to Puget's satisfaction" contained on the last two lines on page 2 should be removed.
3. I believe paragraph 11 could be totally eliminated from this Agreement. If
not, I believe the paragraph is unacceptable since it would appear to turn over control
of the work totally to Puget Power.
a. Paragraph 13 should speak to breach by both parties rather than strictly a
breach by the r•ty. 1t is possible for Puget Power to breach this agreement as well
as the City. 1hese same romments would be apropos to paragraph 15.
5. In paragraph 19, Section 2, 1 believe all o1 the language thrrein can be
deleted. This language is overly strict and I am not sure that it is even ILgal. Under
our new comparative negligence laws, Puget Power would be able to escape liability
if the City was only 5% negligent and Puget Power was 95% negligent. That would
be inequitable.
6. In paragraph 19, the City should determine whether or not it has such
insurance in effect, and if it does not, what the cost of such insurance would be.
Why Puget Power would want automobile, bodily injury liability or automobile property
damage liability somewhat puzzles me.
I would suggest from now on, that copies of any such easement documents be submitted
to this office prior to their being signed by the Mayor. Likewise, 1 would prefer to
have copies of the document, forwarded to me instead of the originals as it makes
them much easier to review. normally write comments on the margins or underline
portions 1 wish to comment upon. I r.;rinnt do this \�+/�iginal documents.
Lawrence 3.4arren
LJW:nd
cc: Mayor
Council President
r
.r
89�
AGREEMTNT FOR F.ASF11ENT FOR SANITARY SEWER PIPELINE
'"HIS AGREEMENT made this-_2n1 h -day of Nnvemhar , 1978,
between PU;ET SOUND POWER 6 LIGHT COMPANY, a Washington corpora-
tion, ("Puget" herein) , and the CITY OF RENTON, a municipal
corporation of the State of Washington ("Grantee" herein) ;
WHEREAS, Puget is the owner of a strip of land two hun-
dred (200) feet in width running generally north and south
through the Southeast 1/4 of Section 8, Township 23 North,
Range 5 Fast, W.M. , Ring County, Washin-ton, which strip of
land is presently owned and occupied by Puget in connection
with Puget's electric utility operations, (said strip being
hereafter referred to as "Puget's Right of Way") ; and
WHEREAS, Grantee desires an easement for a sanitary sewer
pipeline across Puget's Right of way at a location more specifi-
cally described hereinbelcw;
NOW THEREFORE, in consideration of Ten and No/100 Dollars
($10.00) and ')ther good rnd valuable consideration in hand paid
receipt of which is hereby acknowledged, and in consideration
of the performance by Grantee of the covenants, terms and con-
ditions hereinafter set forth, Puget hereby grants, conveys
and quitclaims to Grantee the following easements:
A. A nonexclusive perpetual easement across, along, in,
upon and under that portion of PUQt L 's Right of Way described
in Exhibit "A" attached her.�to and by this reference made a
part hereof, for the purpose of installing, constructing,
operating, maintaining, removing, repairing, replacing and
using a sanitary sewer pipeline consisting of a concrete
pipe, not exceeding eight inches in diameter, with all con-
nections, manholes and underground appurtenances thereto
(herein the "Sewer Line") , together with the nonexclusive
right of ingress to and egress from said portion of Puget 's
Right of way for the foregoing purposes:
The tt rms "Easement" and "Easement Area" in this instru-
ment refer to the easement on the property described in Exhibit
A".
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 prompt y pay aI. coats an expenses of construction
and maintenance of the Sewer Line.
2. Comaliance with Laws and Rules. The ;rantee shall con-
struct, maintain and use the Sewer Line in accordance with the
requirements of Puget, the National Electric Safety Code and
any statute, order, rule or regulation of a ,y public authority
having 3urisdi�tion.
3. Use of the Right of Way Pu et. Grantee's rights
hereir. shall at all times e s er in
to such rights of
Puget as are necessary to preserve and maintain the capabil-
ities of Puget 's Right. of Way to be used for electric utility
purposes, and nothing herein contained shall prevent or pre-
clude Puget from undertaking construction, installation and use
of any electric utility facilities within Puget's Right of Way.
Puget shall not be liable to Grantee or to Grantee's employee- ,
agents, or to any other party benefiting from said Sewer Line
for loss or injury resulting fron. any damage or destruction of
the Sewer Line directly or indirectl� caused by Puget's existing
or future use of Puget's Right of era+.
4.
ecifica Keel IA red Prior N�ticTand Approval of Plana and
ment o�—• rlor to any 3nstaI ation,removal of the Sewer Line facilitiesaoreratron, replace-
activity by Grantee on Puget -. sight of ti --,Y other jor
Puget written wive
and s notice thereof together withy� Graft ee shall give
pescheduled ns for the same at Preliminary plans
to the scheduled commence least six (, months r'
have the right mans of such activity, prior
shall
be modified, revised orrequire
that such plans Puget
the final plans and s theivise ch+nged to the extent that
visions for the pecificatiuns t -,,-for shall include pro-
venti.on of hazardous eco Lon nditions Puget's
minimums interruption to
Puget 's unlit the pre-
without ut Puget 's operations. No such activity shall be co
cations therefor andrall ichan etten pprov'rl of the pecifid
ap roval s 4 s or a.nendments Plans
which foregoing, in theeventsofaany withhell. Notwithstandinq
diate action by Grantee for y emergency requiring
sons or protection of the i dome
Property, Grantee may take sic Sewer Line, par_
to Puget as is reasonable under the Circumstances 1p such notice
Nothing herein shall be deemed to impo � any duty ur
obligation cn Puget to determine the adequacy or sufficiency
whether
the Grantee's Plans and specifications, or to ascertain
whetAer Grantee's construction is in conformance with the
Plans and specifications approved by Puget.
S. As-Build Surve .. Upon Puget's request, Grantee shall
promptly prove a uget with as-built drawings and surve •
the location and elevations of the Sewer Line facilities on
Puget's Right of Way, } showing
6. Grantee's Use and Activities. Grantee s
its rights un er t rs Agreement so hall exercise
insofar as Possible, as to minimize and avoic,
its Right interference with the use by Puget of
9 of Way for electric utility purposes and shall f
all times or
its activities on the Easement Area shall
at
to interfere with, obstruct or endanger Puget's Operationsso ce lit ies. Grantee shall install the Sewer Line and as not
an of and or
asyma hez of its substr ,tial activities on Puget'sconduct
protect bin cpun icated to Grantee by Puget for the Right of Way
y uget's facilities, preventing hazardous conditions
rpvse of
and mi.nimixing interruptions to Puget's utility operations.
�• C.>ordination of Activities. Grantee shall give at
least 30 days a vaI written notice of
its construction,
repair and ma' the proposed dates of
Right of Way to Pu maintenance activities on Pu e
headquartered at Renton, Washington) ,
Central Division (presentlyg is
Of Puget as Puget en Washington) , or such other division
shall coo Y from time to time designate. Grantee
coordination aof its t he revision of such dates and/or the
deemed necessa activities with those of Puget's if
t ection to eacA by Puget to minimize conflicts, insure
ditions, Parcy•a facilities, prevent hazardous conro-
or minimize interruption of Puget's operations.
Provided, however,
in i tAat in the event of an emergency requir-
g mme drat@ action by Grantee for the protection of its
facilities or other pe•sons or Property, Grantee may take
sucA action upon such notice
z the circ nces. to Puget as is reasonable
m,Jeumsta
S. Work Standards. All work to be perform@d by Grantee
on toPuget -
with
ig t o Way shall be designed and constructed so
as to withstand the consequences of any short circuit of any
othe f Puget' of s electric ay facilities now or hereafter installed on
Puget's hRight wof WaAll work to be Performed by Grantee on
Plana and a Y shall also be in accordance with the
anti shall specifications submitted tc. and approved by Puget
Pu et's @ completed in a care[ul and workmanlike manner to
d satisfaction, free of claims or liens; however,
nothing herein shall be deemed to
Lion on Puget with respect me thfore e sufficiency
out ].imitation to impose a duty o caution when going, C an er obliga-
f.
With-
uctin
all
shalloremoovea erewithogd2 nP9werslictsvinhe=dIn ercisc ny Of
o ener
nearl
comm, Possible eto i the eo estzoetthe ground Suchsuzfa cGrantee
of sucA work, n in which it wa as
co nseZ monuments which wetland shall replace a s at the
truction. Grantee disturbed nY property
COS ts neces �, to shall or destro
and hubs sa re-establ . also pa to Pu et Yed during
estrO
for n9w fscrub]ie9eonbPugetQssRidconlunWa�snrwithraferenny ces 's
iliti
Chan ght of
shall pz-ompflae aand Repairs to
ati on, Y Pay
to Puget' he°oC Los encilities. Grantee
zest ration and other ch
facilities which Puget Y re ocatio
reason o get shall an`Je5 or repairs n• alter-
f the construe reasonably deem t° Puget's
Line or other act i Lion, necessary b
out limitation vittes of Granted mee o aintenance Y
thz cost the foregoing, Grantee
Property the SewWi`h-
reato lignment temporar of y a shall
Ifcess Pugetys byCerantee,,pact,?iti�Powergpoles tors prom
P9he Pay
9 ues tee Pursuant tower ode
Payment satisfacto ' Grantee shall provide to this Agreement.
of such work, rY to Puget Prior to p ass
subjEct to Puget shall urance ,,
accomplish ogecha commencement
Purpose of LhI availability of labor such than
.lirect his Paragra and ls or repairs,
includinging assignable ph, "cost" shall materials. For the
ned as all
Portation Ofemen, in oaccordance sts 01 ewitlz,blabor�and services
Overhead,
material material, and h charges and rental of equipment.equipment storage expense of
for trans-
10. Access. The and use its Granted shall design, construct,and continuous a Line in suchgftssiRn as
[ions, and - access aloe to permit maintain
vehicular `n such fashion gasp a fight of w reasonable
travel b travel over ant acro to aCCpmmOdate and su all direc-
port
b slut ti ons snes and anuget'ta es �s kAi witho heavy loads Line,
Gr including
obstt P P
shall
Grantee 4htiS R kP gpco is ons forif econtinuedya p clear of ccget, theugetl
a;on9 Pu e
ing
Line. 9ht o
actiess b
on of the Sewer
work ees Performedno sball Puget shall
las ai�rpectoroint e or several Puget
e
Grantee Performednot as crry on Grantee on
Pun less s to oversee all
notice to Pu Right of
so as to aliov may be reasonable :n th it has giv
Gran for the presence a cite en such
tee and grantee's of such omstances
`com'lY wiU contractors inspector
i ncludin all orders and dig shall prompil °r 1°ape`[ors
9 without limits ections of Y and fully
construction contracts Lion, Puget's inspectors,
promptly pay P❑ et' shall so ep rovi on of work, and Crantee•,,
9 s cha rqe for de• Grantee shall
lY such inspectors.
event th at nitls°ouwith Future Installati additional ons of Fu et.
ecome necessa
Right of tJa ell ctn c utility fac;li ry °z Puget to install In the
} and if, t ties Lion, existence and in the sole or otherwise use p
installation or use of lodgment of Puget the uget 's
substantially ca reeeX° the extent�thater iit ne is terfe res with nsuch
bc.- °r that such expensive CO It
such . tacable or
use of the locatinn, Ilatiln
existence nor use ins
the Sewerhazard
Of
Grantee shall have the obligation to either, in Grantee's sole
discretion, (a) protect, modify or relocate the .fewer Line
at the cost and expense of Grantee, so as to remove the inter-
ference or hazard to Puget's satisfaction, or (b) to reimburse
Puget for its added costs of design, construction and installa-
tion to avoid such interference or hazard. in the event Puget
intends to undertake any such construction, Puget shall give
Grantee reasonable advance written notice of such irtention
together with preliminary plans and specifications for such
work, identifying the potential interference or hazard and all
design information relating thereto. In no _vent shall such
notice and plans be required to be given more than six months
n,.ior to the scheduled commencement of work.
Within one month after receiving such notice from Puget,
Grantee shall give written notice to Puget by which notice
Grantee will elect to (a) protect, modify or relocate the
Sewer Line, or (b) reimburse Puget for its said added costs.
If Grantee elects to protect, modify or relocate the Sewer
Line it shall commence work promptly and diligently prose-
cute such work to completion prior to the scheduled date of
commencement of Puget's construction. If Grantee elects to
pay Puget's added costs, Grantee shall give Puget satisfactory
assurance of payment of such costs at the time such notice cf
election is given. If Grantee does not so elect one of the
above-described options by giving Puget the required notice,
Puget shall be entitled to make such an election on behalf of
Grantee, Grantee agrees that this election shall be binding
upon Grantee and have the same effect as if made by Grantee.
If Puget so elects option (a) Described herein or if Grantee
elects option (a) and fails to commence and prosecute its won
as contemplated herein, Puget may, at its option, undertake
such work on behalf of Grantee as Puget deems necessary pur-
suant to option (a) and Grantee shall promptly pay Puget for
all costs incurred by Puget in performing such work. Puget's
costs reimbursable under this paragraph are defined as in
Paragraph 9 herein.
13. Termination for Breach. In the event Grantee breaches
or fails to perform or observe any of the terms and conditions
herein, and fails to cure such breach or default within ninety
(90) days of Puget's giving Grantee written notice thereof, or
within such other period of time as may be reasonable in the
ci.rcumstances, Puget may terminate Grantee's rights under this
Agreement in addition to and not in limitation of any other
remedy of Puget at law or in equity, and the failure of Puget
to exercise such right at any time shall not waive Puget's
right to terminate for any future breach or default.
14. Termination for Cessation of Use. In the event Grantee
ceases to use the Sewer Line for a period of fi -e (5) successive
years, this Agreement and all Grantee's rights hereunder shall
terminate and revert to Puget.
15. Release of Sewer Line on Termination. No termination
of thin Agreement shall release antee rom any liability or
obligation with respect to any matter occurring prior to such
termination, nor shall suet. termination release Grantee from
its obligation and liability to remove tte Sewer Line facilities
from Puget's Right of Way and restore the ground.
16. Removal of Sewer Line on Termination. Upon any ter-
mination of this Agreement, Grantee shal mptly remove from
the Easement Area the Sewer Line facilities 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 Sewer Line on Puget's Right of way. Such work,
removal and restoration shall be done at the sole cost and
expense of Grantee and in a manner satisfactory to Puget.
In case of failure of Grantee to so remove the Sewer Line
facilities, ref -ire the ground or take such other mutually
agreed upon measures, ?uget may, after reasonable notice to
Grantee, remove the Sewer Line �aciiitres, restore the ground
or take such measures at the expense of Grantee, and Puget
shall not be iiable therefor.
17. Tnird Pa rc Ri hta. Puget reserves all rights with
respect to to psroperty a. Puget
without limitation, the
right to grant easements, licenses and permits to other sub-
ject to the rights granted in this Agreement.
18. Release and Indemnity. Grantee does hereby release,
indemnify an prd os se tome rend and save harsiess Puget from
and against any and all liability, loss, cost, iamage, expense,
actions and claims, including costs and reasonable attorney's
fees incurred by Puget 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 riqhts granted herein.,
or (2) acts and omissions of Puget in its use of the Right of
Way which affect Grantee's employees, agents, contractors, and
other parties benefiting from said Sewer Line; provided, how-
ever, this paragraph does not purport to indemnifv Puget against
liability for damages arising out -f bodily injury to persons
or damage to property caused by or resulting from the sole
negligence of Puget or Puget's agents or employees.
19. Insurance. Prior to Grantee's construction activities
or other s sou tantial activities on Puget's Right of Way under
the rights provided herein, Grantee shall submit to Puget
evidence that Grantee or Grantee's contractors has obtained
comprehensive genera, liability coverage (i.-.cIudinq broad
form contractual liability cov,,raye) satisfactory to Puget
with limits no less than the following:
Bodily Injury Liability, including $1,000,000
automobile bodily injury liability each occurrence
Property Damage Liability, including $1,000,000
automobile property damage liability each occurrence
Said evidence shall be submitted on Pugel `s Certificate of
Insurance_ standard form (which form Puget shall prov e a upon
request or such other form as Puget may from tim- to time
approve.
Said coverage shall be maintained by Grantee or Grantee's
contractors during the period when such activities take place.
20. Taxes. Grantee shall promptly pay or reimburse Puget
for any taxes levied as a result of this Agreement or relating
to the Grantee's improvements constructed pursuant to this
Agreement.
21. Title. The rights granted herein are subject to per-
mits, leases licenses and easements, if any, heretofore granted
by Puget affecting the property subject to this Agreement. Puget
does not warrant title to its property and shall fist be liable
for defects thereto or failure thereof.
22. Notices. Unless other�ise provided herein, notices
required to be in writing under this Agreement shall be given
as follows:
If to Puget : Puget Sound Power i Licht Company
Real Estate Division
Puget Power Building
Bellevue, Washington 98009
If to Grantee; City of Renton
Department of Public Works
Notices shall be deered effective, if mailed, upon the
second day foll-wing deposit therof 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.
23. Assignment. Grantee shall riot assign its rights
hereunder. No assignment of the privileges and -enefits accra-
ing 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
Puget.
24. Successors. The rights and obligations of the parties
shall inure—to— EE-e enefit of and be binding upon their respec-
tiv� successors and assigns.
25. Liability In the event of any assignment of thu ri..::•...-
hereunder, t;-F�iabZlity of Grantee and its assignees shall be
joint and several
EXCUTED as of the date hereinabove set forth.
ACCEPTED:
CITY OF RENTON
3Y
Charles i. )e aurenti, Mayor
Attest;
Maxine E. Motor, Deputy City Clerk
STATE OF WASHINGTON)
) SS.
COUNTY OF KING )
01 this day of , 1978, before me, the
undersigned, p_rsonally appear�LESLfE A. DONNER, to me known
to be the Manager-Real Estate Division of PUGET SOUND POWER 6
LIGHT COMPANY, the corporation that executed the foregoing
instrument, and acknowiedged 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 the day
and year above written.
Notary y Publir in an or the State of
Washington, residing at
STATE OF !IF.SHINGTON)
COUNTY OF KING ) SS.
1
On this ��
me, the undersigne day of
, Personal ppea re
y a e w \ 1978, before
to me nown e t • 0 ' r.,1 ,..�
of the to
e
toe foregoing Fiostzumen� a municipa� cn po ation be the free and ackledg that executed
corporation, for the° un tary act and deed d°fhe said instrument
nn oath stated uses and purposes therei said municipal
that he is authorized n mentioned,
WITNESS m tO execute said instz aument.
and year first MY
writtenand 1Cj al seal hereto affixed the day
Notary ' \ ,�\--, -�
IC in an or t /j t+t °
Na sh in gt o n, residing at _ Y _�
EXHIBIT "A"
A stri,� of land 10 feet wide lying 5 feet on each side of the
following described centerline:
Beginning said centerline at a point on the southeasterly mar-
qin of Bronson way Northeast, said point bring 5 feet north-
easterly from the southwesterly margin of Puget Sound Power
6 Light Company's 200 foot wide transmission line right of way;
thence southeasterly along a line drawn parallel and 5 feet
adjacent to the said southwesterly margin of Puget Sound
Power i Light Company's transmission line right of way to a
point on the northwesterly margin of Northeast 4th Street
and the terminus of said centerline.
Except any portion lying within Windsor Way Northeast.
All lying within the south 450 feet of the Southeast 1/4 of
the Southeast 1/4 of Section 8, Township 23 North, Range 5
East, W.M.
• Renton City Council
11/20/78 Page 2
Old Business Continued
Right-of-May SECOND CLYMER, COUNCIL CONCUR IN REPORT. Upon inquiry by Council-
Turnback woman Thorpe, Public Works Director Gonnason explained that upon
turnback the City would be responsible for maintenance and if not
maintained, the State would deduct costs from gas tax funds.
Councilman Stredicke noted the City would then have guarantee of
open space. MOTION CARRIED.
Utilities The Utilities Committee report recommended Council concur with the
t;emn�_ Public Works Department and accept the easement from Puget Power
ant—ageToint which is needed to provide sewer service to Vantage Point Condo-
Condominiums miniums by installation of sewer main from NE Sth and Bronson Way
Sewer Service to approximately NE 4th and Lakeview Ave. NE. The new sewer would
be built within Puget Power's Shuffleton right- .f-way and require
the easement. The report also recommended that the Mayor and City_
Clerk be authorized to sign the easement. MOVED BY PERRY, SECOND
SHTiNE, COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED.
ORDINANCES AND RESOLUTIONS
Ways and Means Ways and Means Committee Chairman Stredicke presented committee
Committee Report report recommending second and final readings of the following
ordinances which had been on first readings 11/13/78:
Ordinance 03262 An ordinance was read extending time for Hearing Examiner's
Hearing Examiner decision from date of hearing 14 days to 30 days in event of
Time Extension unusual circumstances. MOVED BY STREDICKE, SECOND PERRY, COUNCIL
ADOPT THE ORDINANCE AS READ. ROLL CALL: 4-AYE: CLYMER, STREDICKE,
THORPE, PERRY; ONE NO: SHANE. MOTION CARRIES.
Ordinance r3263 An or,44• nre ray read changing the zoning classification of property
enti?on Hal-(—teion> from R-, to R-1 located on the west side of Cedar Ave. S. between
Phase 11 R-218-78 S. 6th St. and S. 7th St. Councilman Clymer left the .:hambers
and took no part in any discussion or any action regarding this
matter due to conflict of interest. MOVED BY PERRY, SECOND THORPE,
COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES: SHANE,
STREDICKE, THORPE AND PERRY. CARRIED. (Clymer returned to Chambers.)
Ordinance 03264 An ordinance was read changing the zoning classification from G to
itney Rezone Trailer Park T for property located south of NE 4th St. adjacent
R-179-78 to Union Ave. SE and the existing Leisure Estates Mobile Home
Park. Committee Chairman Stredicke noted signed restrictive coven-
ants were received. MOVED BY STREDICKE, SECOND SHANE, ADOPT THE
ORDINANCE AS READ. ROLL CALL: 5-AYE: CLYMER, SHANE, STREDICKE,
THORPE AND PERRY. CARRIED.
Ordinance #3265 The Ways and Means Committee recommended readinq and adootion of an
9/9j— Amendatory ordinance amendinq the 1979 Budget Ordinance (&3259) which increases
Budget Ordinance amount of taxation from $3.372 to S3.472 per $1,000 and sets the
maximum 1979 Levy (based on 106' calculations as required by law)
$3,260,727.21. Following first reading, MOVED BY STREDICKE, SECOND
THORPE, SUSPEND RULES AND ADVANCE ORDINANCE TO SECOND AND FINAL
READINGS. CARRIED. Following readings, MOVED BY STREDICKE, SECOND
CLYMER, ADOPT THE ORDINANCE AS READ. ROLL CALL: 4-AYE: CLYMER,
STREDICKE, THORPE, PERRY; ONE NO: SHANE. MOTION CARRIED.
MOVED BY STREDICKE. SECOND THORPE, THAT THE MATTER OF THE $89,960.21
GRANTED BY THIS COUNCIL ACTION BE REFERRED TO THE COMMITTEE Of THE
WHOLE FOR BUDGET DELIBERATIONS. CARRIED.
Street Vacation The Ways and Means Committee recommended first reading of an
South 7th St, ordinance vacating a portion of S. 7th St. (VAC 3-78) having width
Near Burnett S. of 30 ft. westerly of S. Grady Way near Milmanco, vacation fee of
$7,948.10 paid by Puget Power. MOVED BY STREDICKE, SECOND CLYMER
REFER ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED.
lnterties with Chairman Stredicke called attention to resolution authorizing
Cities of Kent agreement re interties with the Cities of rent and Tukwila
and Tukwila to provide additional water flow which resolution was referred
to the Utilities r^mmittee on 11/6/78. MOVED lY PERRY, SECOND
SHANE, IF THE W IS NOT REPORTED BY THE UTILITIES COMMITTEE
BY 11/27/78, THE n.,I$ AND MEANS COMMITTEE BE INSTRUCTED TO REPORT.
CARRIED.
Or
1 ..._. rug i(i._-..c. . •-....��n.... .. � _ ._.
l000
=iF
s
�.. T,-C, / I r rV
TOTAL � '1 IZs. ..
OF RF • •
y z PUBLIC WORKS D
;p DESIGN/UTILITv EP�RTMENT
'S1,ay ENG'NE • 231
e MUNICIPAL BUILDING lUp NiLI
AVCS
�tED SE Pt E Q' AVQ.SO. NEN TON,WAS".eBo56
Wh1b
CHARLES J. DELAURENTI
MAYOR
"dY 1F. A- 79
"unicf polity of Seattle Netan
82: 21d Avenue ropol;c
Seattle, WA
Centiemen:
We are enclosing one coectPY of sanitary sever f.•st (e ,
of cha FollovfnR Proj :
atilt, t r our r. ,"'-d
Vantage Point Off—Slto
��'t'}' truly •,�a r..,
Riunard L,
q:,htuu
JuperV lad('
1H:p{p Daalgn/1it11il.Loa 1-0.414rr.;R
Enclosure
t+^
�irY t,�a/Taw! 7
SANITARY SEWN
SYSTEM LOW PRESS AIR TEST
PROJECT ".c, g P.�r DLi�N-�SpE/rt—
DATE 4 25-79T `�i+rroe'v
LOCATION LENGTH K C I T MIipirN r__ES')LT
7,0
17
�Mi 3L. .cs?s,ig9
Grp _ 4 Q Z S-7Q
7fl
79
-.zk_
_L —sueI i)�rr
PV i rjySfC. 4fZ. r1
+ a Sd`'•
7-1
ITf/ 7 inL ! f.•I/4/
v-1�.......—_ L ��
r �
CITY CI.ERK'S OFFICE
INTER-JFFICK MEMORANDUM
TO, TIHBETf1HOUGHTON DATE: 12/21/78
FROM: DEE
SUBJECT- VANTAGE POINT CONDOMINIUM SEWER EASEMENT
WE HAVE RECEIVED A TELEPHONE CALL FROM ALLEN SEMER (682-4771)
VANTAGE POINT CONDO CONTRACTOR THREATENING A LAWSUIT AGAINST
THE CITY UNLESS THE AGREEMENT IS SIGNED IMMEDIATELY.
PLEASE READ CITY ATTORNEY'S LETTER AND ADVISF ACTION YOU
WANT TAKEN
cc Public Works Director
May or
by Precision Sealing
) V/N a gIro arnq
Sl'1(f R]ti bnru. Wydanpon)IOb3
(a0Q Fd!-8a i3.Renton R•
(dead asa,as n. su•m o.
T. V. INSPECTION and GROUT REPORT
OB NO, CLIENT
L-L DATE
I IPE CLEANED BY
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L (.uE
LOCATION OF LINE `
Direction of Flow -----�'� .-
Planhple ^� •
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T. V. INSPECTION and ROUT REPORT
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L, I C Q-4
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Direction of Measurement(;**—From Center of Manhole Iti�% Bottom
T. V. I N 5 P E C T L 0 N G R 0 U T I N G
Footae Remarks Date Repaired Remarks
A.L �`, m Silk 44 _10
r l
_-
LINE CONDITION LEGEND
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OO NU. CLIENT -_ --- -'—�---- DATE
PIPE CLEANEO 8y AATHER I SF y -._
OCATION OF LINE
\'
Direction of Flow (7� ♦ op •
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T. V. I N S P E C T I o N G H 0 T I N G
Footage Remarks Jate Repaired Remarks
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rt �.
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LINE COND T ON LEGENC _
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` of
Z OFFICE OF THE CITY ATTORNEY• AENTON,WASHINGTON
_ •.^f*Yr.Q Wr flf •OC 1p rf�c(•,aldr! • KniOn.vrW.G'On 1Wff ]ff.NM
g LAWRENCE 'WARREN ri•uiawt+ DANIEL KELL.OGG. sfuu.. o+•.vo•n•r
b
P
rFp December 26. 1978
TO. 'Warren Gonnason, Public Works Director
FROM: Lawrence J. Warren, City Attorney
Re. Sewer Easement for Bryn Mawr-Lakeridge Sewer District
In reviewing the above referenced document. I h, a several
minor problems. Initially, the City of Renton i., a Washington
Corporation, but a Washington Municipal Corporation. The Laws
governing these two types of legal entities are quite different.
Next, there is no section in the easement noting that the City
reserves to itself the right to go upon the land. Nor is there
an indemnity agreement nor clause that would have the easement
revert to the City if it were abandoned for a period of time.
All of those points should be covered in the easement document,
I am enclosing herewith a copy of a page from an easement utilized
by Fuget Power when daaling with municipalities. The various points
I have discussed are covered in this document.
If you have anv furthar questions, please feel free to contact me.
Lawrence .;. Warren
LJW:nd
Encl
cc: Mayor
Council President
2. Acc,-sA Grantee shall have the 'Pht of access to the
Right of !lay ove and across the Property o enable Grantee to
exercise its rights hereunder, provided, that Grantee shall com-
pensate Grantor for any damage to the Property caused by the
exercise of said right of access and provided that such access
shall be limited to existing Puget :mower and DPA power line
naintenance roads wherever practicable.
3. Cutting of Trees. Grantee shall have :he right to cut
or trim any zn a us es or trees ai-- ding or growing upon
the Right of way at the time said Right of way is initially
cleared. Upon giving Grantor reasona" It' ,otice of Grantee's
plans to exercise the following addit' . right, and upon
Grantor's concurrence in said plans, Grantee shall have the
right to _ut or trim any trees upon the adjacent lands of
Grantor which could, in Grantee's reasonable judgment, be a
hazard to Grantee's facilities. with respect to subsequent
cutting and trimming activities, Grantea shall give such
notice and obtain such concurrence whether or not the brush and
trees lie within the Grantee's Right of way or adjacent to the
Right of Way.
The foregoing notwithstanding, Grantee shall have the
right to take all steps Grantee deers necessary to protect
life or property without notice Lo Grantor in the event of
of life or property endangering
any emergency or the existence
conditions.
4. Grantor's Use of Right of 17�1. Grantor reserves to
itself all rights except those specifically conveyed hereunder
and expressly reserves the right to use the Right of way for
any purpose not inconsistent with the rights herein granted,
provided that Grantor shall not construct or main, An any
building or other structure on the Right of way and Grantor
shall not plant any trees or shrubs within the Right of Way
%.hich would normally exceed a height of 15 `eet at maturity.
5. Indemnity. By accepting and recording this easement
Grantee agrees to indemnify and hold harmless Grantor from maybe
ny
and all claims for damages suffered b an p=
caused by Crantee's exercise of the rights 'ierein grantee,
provided, that Grantee shall not be responsible to Grantor for
any damages resulting from injuries to any person caused by
acts or ozis�ions of Grantor.
6. Abandonmant. The rights herein shall continue until
such time zs Grantee ceases to use the Right of way for a
period of five (5) successive years, in which went this
all rights hereunder shall revert
easement shall terminate and
to Grantor, provided that no abandonment shall be deemed to
have occurred by reason of Grantee's failure to initially
install its facilities on the Right of way within any periof
of tir..: from t',e date hereof.
7. successors and Assigns. The rights and obligaticns
of the parties tea s sl----1 inure to the benefit of and be binding
upon their respective successors and assigns.
DATED this day of -
1978.
��
/�V4-
SANITARY SEWER SYSTEM LOW PRESSURE AIR TLST
PROJECT]�z
OAT 2 / �T It SPECTORcr
LOCATION LENGTH 1 C RESULT
All
D � T
ZO.
' 2es+/ OfQ
TL �! O fen /2• � .�
2 3 nM/
6 _ o
AL' ,— -- - — _ 3
a
INTER-OFFICE MEMO
TO: Honorable Charles . . Delaurenti, Mayor DATE: 71/30/7R
FROM; Del r,e atl, Clty Clerk
R t,: VANTAGE POINT CONDOMINIUMS SEWER SERVICE: AGREEMENT FOR EASEMENT
The attached documents, have been approved by the City Attorney
and are now ready for execution. Please sign and return to the
!'+ty Clerk's office for further piocessSnq.
RECEIVED
NOV a:l 1976
CITY OF RhE�JiON
MAYOR'S OrFICE
'Renton City Council • • n'-'"�' `—
11/20/78 Page 2
Dld Business Continued
Right-of-Way SECOND CLYMER, COUNCIL CONCUR IN REPORT. Upon inquiry by Council-
Turnback woman Thorpe, Public Works Director Gonnason explained that upon
turnback the City would be responsible for maintenance and if not
maintained, the State would deduct costs from gas tax funds,
Councilman Stredicke noted the City would then have guarantee of
open space. MOTION CARRIED.
Utilities The utilities Committee report recommended Council concur with the
omm ttee Public Works Department and accept the easement from Du^et Power
Vant�Oint which is needed to provide sewer Service to Vantage Point Condo-
Condominiums miniums by installation of sewer main from NE 5th and Bronson Way
Sewer Service to approximately NE 4th and Lakeview Ave. NE. The new sewer would
be built within Puget Power's Shuffleton right-of-way and require
the easement. The report also recommended that the Mayor and City
Clerk be authorized to sign the easement. MOVED BY PERRY, SECOND
SHANE, COUNCIL CONCUR IN COW117TEE REPORT. CARRIED. '
ORDINANCES AND RESOLUTIONS
Ways and Means Ways and Means Committee Chairman Stredicke presented committee
Committee Report report recommending second and final readings of the following
ordinances which had been on first readings 11113!78:
Ordinance 03262 An ordinance was read extending time for Hearing Examiner's
Hearing Examiner decision from date of hearing 14 days to 30 days in event of
Time Extension unusual circums, -ces. MOVED BY STREDICKE, SECOND PERRY, COUNCIL
ADOPT THE ORDINANCE AS READ. ROLL CALL.: 4-AYE: CLYMER, STREDICKE,
THORPE, PERRY, ONE NO: SHANE. MOTION CARRIED.
Ordinance #3263 An ordinance was read changing the zoning classification of property
?Fenton HTTT Rezon: from R-3 to R-1 located on the west side of Cedar Ave. S. between
Phase 11 R-218-78 S. 6th S.. and S. 7th St. Councilman rlymer left the Chambers
and took no part in any discussion or any action regarding this
matter due to conflict of interest. MOVED BY PERRY, SECOND THORPE,
COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYFS: SHAME,
STREDICKE, THORPr AND PERRY. CARRIED_ (Clymer returned to Charbers.)
Ordinance e3264 Ar. 1rdinance was read changing the zoning classification from G. to
i tn� ey Rezone Trailer Park T for property located south of NE 4th St. adjacent
R-179-78 to Union Ave. SE and the existing Leisure Estates Mobile Nome
Park. Committee Chairman Stredicke noted signed restrictive coven-
ants were received. MOVED BY STREDICKE, SECOND SHANE, ADOPT THi
ORDINANCE AS READ. ROLL CALL: 5-AYF: CLYMER, SHANE, S'FCDICKE,
THORPE AND PERRY. CARRIED.
Ordinance *3265 The Ways and Means Committee recommended readine and -'lotion of an
91T-9 Amendatory ord nonce amending the 1979 Budget Ordinance (+325 ch increxses
Budget Ordinance amount of taxation from $3.372 to S3.4i2 per $1.000 . d sets the
maximum 1979 Levy (based on 106" calculations as required by law?
$3,260.727.21. Following first reading, MOVED BY STRECICKE, SECOND
THORPE, SUSPEND RULES AND ADVANCE ORDINANCE TO SECOND AND FINAL
READINGS. CARRIED. Following readings, MOVED BY STREDICKE, SECOND
CLYMER, ADOPT THE ORDINANCE AS READ. ROLL CALL: 4-AYE: CLYMER,
STREDICKE, THCRPE, PERRY; ONE NO: SHANE. MOTION CARRIED.
MOVED BY STREDICKE, SECOND THORPE. THAT THE MATTER Or THE S89.a60.21
GRANTED BY THIS COUNCIL ACTION BE REFERRED TO THE COMMITTEE OF THE
WHOLE FOR BUDGET DELIBFRAT'ONS. CARRIED.
Street :'ecation The Ways and Means Committee recommended first reading of an
ordinance vacating a portion of S. 7th St. (VAC 3-78) having width
OF Rt
C
.2 OFFICE OF THE CITY ATTORNEY AENTON.WASHINGTON
_ roar o.n¢w.sn w +..e re.wt•urns • tw.,y. ..w.«arrn +was asa.Kn
LAWRENCE I WARREN. o+.wnow.a. DANIEL KELLOGG. •susr.w o..wnar-
b"
November i , 1978
1 rEC %P'6-
MEMORANDUM
TO: DAVE R. TIBBOT, Utilities Engineering
FROM, LAWRENCE J. WARREN, City Attorney
REi Easement from Puget Power for sewer main to serve
Vantage Point condominium
I have reviewed the proposed easement and find the same to
be in acceptable legal form. As mentioned previously, the
City's responsibilities under the easement are numerous and
fairly burdensome. The City should keep close account of
its activities under the terms of this easement so as not to
breach he easement
i
Lawrence J. Warren
LJW:ds
cc: Mike Smith, Plaining Deportment , Mavor, Council Pres.
RENTON CITY COUNCIL Novorber 2, 1978
UtILITIES COMMITTEE REPORT
St. JECT. •VANTAGE POINT CONDO'S SEWER EASEMENT FROM PUGET POWER
It is the recommendation of the utilities Committee that the City Council
Concur in the attached report of the Public Works Department and accept
the e:nement from Puget Power and authorize the Mayor and City Clerk to
sign for the City.
Charles Shane, Chairman
lhcrnas Tr imv
Georye Perry
P mP
'L. Public Works Director
%•t tact'lent
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F JBLIC WC Wc� DtPAR MENT
J \7 •}
q � y NM RE C GC NNA$' N, E. • DIRECTOR
P b MUNICI►ALBJILL'NG 20OKULL A E 5• RENTON.IN • 98055 - 206 235 2569
0S �
PtC�
CHAR!.' '.ELAURENTI NL• •mbe.r 2. 1 -78
•a YOR
Honorable Clarles C+laure. .i , Mayor
Members of .he City Ceunc
Subjetl. `_intage P-c^t C dt+nirtums
Dear Mayor )elaurent' in; ;ounce' Membe-se
To provide sewer serv: :e ) this prupe' 'y t c developt s must
install a ewer nWin ` 'on. approx mala:l NE ,th and Brr son Way
to appronin.ately NE 4tw : a Lake. 'ew k hk as shown ,n the
attached ava. A port4m 4 [him iew st r ill be I' !• t within
Puget Power 's Shuffle or ight-of-way , td t erefore uires an
ease,"en t.
Puget Power is agreeable , -i,inling at eas .ment to City of
Renirn and the developer �ae secured a Iran' easement it no cost
I,, the Cie .
It i, the uconmendat.on f tht uublic ork Deporrme I that this
sewer is a rati ,nal .udit on to ee Ci .ewer sys:t i and that
the ea,eme, t be accep 'd 'Id toe Mayor Inc i:y Cle"k ae authori Seo
to sign it
'y my yours
sI .. Gunres i, P.E.
I dtsrks DI• .for
DT:r,p
En�i.
71
PURLIC WORKS DEPARTMENT
r
W^.i;REN t CANNA SON, P.E. OIRECTOR
�, MUNI(;lygt nn�l Dlm�. 1^a Mttt 1\! tiU Xf NfUN WA 98n55 706 133.7309
�44'' l'tt�o U. tuhrr {U, lgl8
•'HARLE'. AL.vUREN71
Ab, '1N
th'. l''t
1 , .• � � Ihv dvvc lope r'S Oust
.i u.� ly lit Slh and eroncon May
NC as all+3.n on the
built within
relnry requires an
•• .-npnt U' thv City OI
tn. ru': i �. .-,�k•. Pvpm lr,nt that this
—ewal nd that
he a++ F 'el 1', na.'•i ..d City Llcik hr aulhoriled
t,,.Iy yuur� ,
+ n C. GOnn.t.on, P.F .
n. Wurkti lhrcl '
ENDING
OF FILE
FILE TITLE 5 - 250
- t
Vantage Point Condos - CIE 3rd S Aberdeen S-250
-�.--v G�"71
BEGINNING
OF FILE
1
FILE TITLE 2
A- `l G Y1CJ O S
2 PROJECT S _ TAKEN INTO PLANT IN 1992
�---
FEe'l� Wool v.2Sc
r
�t CnKOtO �C RECOR"
AGREEMENT FOR EASEMF.NT !OR SANITARY SEWER PIPELINE
THIS AGREEMENT made th's 20•}h__.day of_Novnmh,,r
between PUGET FOUND POWER i LENT COMPANY, a Washington corpora-
tion, ("Puget" herein) , and the CITY OF RENTON, a municipal
corporation of the State Of Washington ("Grantee" herein) ,
WHEREAS, Puget is the owner of a strip of land two hun- �` •1
`. wh
■ tMJhNtN nt1170NA1 i\�
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Cwn4 el ,Intl ..- .................
- Io w n rauM.u.re N b. wr N One and no�1QD------ Dryer
inN b ee.a P• Tnt Ltty Of Menton
u.tul rwo..a W llen,•Sbtw N A.r."o.b tAK'
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i"S
peYte.ppnnq to Caid �.onitry W,"' rd thartt�n� t
y, thfoutet *I under %el lert
herein.
Tt) 114eE AND m HOLD b. no+ to W o..i wM r .t tY rate• Pak Ilk brtl 4110"WIS'
Ir 1ty
N W •Nt WM. book
.Amiibue et. and Awe tena.t Att• meta Pa,, r • Ammond Port, Its
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.III a .P•a� •1tN."ote tat tetd Pe.I, nodia a.'e a P.R `t\ r b
rld e.tb.t W tlW 1M W•r�1 _� ve.elpte.r,eetAlly aNw
wwwra ne.o.ttn...p pee.tyN M}Ir1 AN W wrr P�••
deft W M: •W
IN Mt1Tl[l{wNIP".lu ad Ie'e N h.N ten �• boom"r `
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iy tW Yt arso••0i mormome We..r. W
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RtCo 0E0 KG 0.ECOR0S
AGREEMENT FOR EAS£.MV.NT MR SANITARY SEWER PIPELINE
THIS AGREEMENT made this 2Qth' day of So���nTr..r _. 1978,
between PUGET SOUND POWER G LIGHT COMPANY, a Washington corpora-
tion, ("Puget" herein) , and the CITY OF RENTON, a municipal
corporation of the State of Washington ("Grantee" herein) .
WHEREAS. Pug?t is the owner of a strip of land two hun-
dred (200) feet in width running generally north and south
through t),e Southeast 1/4 of Section 8, Townahip 23 North,
Range 5 East, W.M. , King County, Washington, which strip of
land is presently owned and occupied by Puget to connection
with Puget's electric utility operations, (said strip being
V hereafter reterre3 to as "Puget's Right of Way") ; and
O,
co
WHEREAS, Grantee desires an casement for a sanitary sewe_
co pipeline across Paget's Right of Way at a location more spocifi-
y cally described h_reinbelow;
r NOW 9'HERF.FOR , in considcration- of Ton and No/100 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 con-
ditions hereinafter set forth, Puget hereby grants, conveys
and quitclaims to Grantee the following easements:
A. A nonexclusive perpetual easement across, along, in,
upon and under that portion of Puget' s Right
of A rencedescribed
iu Exhibit. "A attached hereto and by i
art hereof, for the purpose of installing, constructing,
operating, maintaining, removing, repairing, replacing and
using a sanitary sewer pipeline consisting of a concrete
pipe, not exceeding eight inches in diameter, with all con-
nections, manholes and underground appurtenances thereto
(herein the "Sewer Line") , together with the nonexclusive
right of ingress to and egress from said portion of Puget's
Right of Way for the foregoing purposes;
The terms "Easement" and "Easement Area`sin this cribedin Exhibit.
ment refer to the easement on the property
•A".
This easement is granted subject to and conditioned upon
the following terms, conditions and covenants which Grantee
hereby promises tc faithfully and fully observe and perform.
I. Cost of Construction and Maintenance. Grantee shall
boar and promj�Cly sy jl casks nn rxpensca of construction
and maintenance of the Sewer Line.
2. Co liance with Laws and Rules. The Grantee shall con-
struct, me ntain and use t-We--Sewer ine in accordance with the
requirements of Puget, the National Electric Satcty code and
any statute, order, rule or regulation of any public authority
having jurisdiction.
3. use of the Right of Way by Puget. Grantee's rights
herein sh�1T+t a17�timc`as`subardanate to such rights of
Puget as are necessary to preserve and maintain the capabil-
ities of Puget's Right of Way to be used for electric utility
purposes. and nothing herein contained shall prevent or pre-
clude Puget from undertaking construction, installation and use
of any electric utility facilities within Puget's Right to ay-
puget shall not be liable to Grantee or to Grantee's emp y
agents, or to any other party benefiting r or er r Line#
for fuss jr injury resulting tram any
n Of
the ,".ewer Line directly or indirectly caused t,y Puget':. existing
or future use of Puget's Right of Nay.
1
t`e
r
1, Reciuired Prior Notice and Approval of Plans and
S1 ecificaCaons. prior io any in'AaIlat on, a tciation,replace-
ment or removal of the Sewer Line facilities or any other major
activity by Grantee on Puget's Right of Way, Grantee shall give
Puget written notice thereof together with preliminary plans
and specifications for the same at least six (6) months prior
to the scheduled commencement of such activity. Puget shall
have the right to require that such plans and specifications
be modified, revised or otherwise changed to the extent that M
the final plans and specifications therefor shall include pro-
visions for the protection of Puget's facilities, the pre-
vention of hazardous conditions and minimum interruption to
Puctet's utility o;:)erations. No such activity !.hall b, commenced
without Puget's prior written approval of the i- ens and specifi-
-ations therefor and all changes or amendments thereto, which
approval shall not be unreasonably withheld. Notwithstanding
the foregoing, in the event of any emergency requirinc, imme-
diate action by Grantee for protection of the Sewer Line, per-
sons or property, Grantee may take: such action upon such notice
to Puget as is reasonable under the ciacumstance.s.
Nothing herein shall be dee�ad to impose any duty or
Co obligation on Puget to determine the adequacy or sufficiency
mof the Grantee's plans and specifications, or to ascertain
whether Grantee's construction is in conformance with the
N
plans and specifications approved by Puget.
C
C^ 5, Ar-Build Survey. Upon Puget's request, Grantee shall
t" promptly provide Puget with as-built drawings and survey showing
the location and elevations of the Sewer Line facilities on
Pugct's Right of Way.
o, 3rantee's Use and Activities, Grantee shall ^xercise
er this Agreement s by Puget Of
o As to minimize ve,
its rights und
insofar as possible, interference with the
use and shall at
its Right of Way for electric utility Purposes
all times conduct its activities on the Easement Area so as not
to interfere with, obstruct or endanger Puget's operations or
facilities. Grantee shall install the sewer Line and conduct
any other of its substan-ial activities on Puget's Right of Way
as may be communicated to Granted by Puget for the purpose of
protecting Puget's facilities, preventing hazardous conditions
and minimizing interruptions to ,Uget,s utility operations.
7. Coordination of Activities. Grantee shall give at
least 30 3ays advance writ notice of the proposed fates of
its construction, repair and maintenance activities on Puget's
Right of Way to Puget's South Central Division (p nt
headquartered at Renton, Uashington) , or such other division
of Puget as Puget nay from time to time &Isignate. Grantee
shall cooperate in the revision of such dateu and/or the
coordination of its activities with those of Puaet's if
insure pro-
deemed necessary by Puget to minimize conflicts,
tection to each party's facilities, prevent hazardous con-
ditions, r minimise interruption of Puget's operations.
oProvided, however, that in the event of an emergency requir-
ing immediate action by Grantee for the protection of its
facilities or other persons or property, Grantee awy take
such action upon such notice to Puget as is reasonable
under the circumstances-
S. Work Standards. All work t.o be performed by Grantee
on Puget's Right of`itay shall be designed and constructed so
as to withstand the consequences of any short circuit of any
Of Puget's electric facilities now or hereafteron
the Right of Way. All work to be performed
e on
puget's Right of Way %hall also be in accordance with the
plans and specifications submitted to and approved by Puget
and shall ba completed in a careful and workmanlike manner to
holdover.
Pu7st's satisfaction. free of claims ar "Onst
- 2 -
nothing herein shall be deemed to impose a duty or obliga-
tion on Puget with respect to the sufficiency tl.ereof. With-
out limitation to the foregoing, Grantee shall exercise the
utmost caution when conducting its activities in the vicinity
of any of Puget's energized power lines in order to prevent
any contact 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
commencer:,ent of ;uch work, and shall replace 4ny property
corner monuments which were disturbed or destroyed during
construction. Grantee shall also pay to Puget all of tu(Nt's
cost_: necessary to re-establibh destroyed survey references
and hubs established by Puget in conjunction eith any survey
for new facilities on Puget's Right of Way.
9 . Chanices and Repairs to Poet's Facilities. Grantee
shall promptly pay to Puget the cost of any relocation, alter-
ation, restoration and other changes or repairs to Pu:let's
facilities which Puget shall reasonably deem necessary by
reason of the construction, use and mainter.acce of the Sewer
Lone or other activities of Grantee cn Puget's property.
With-
C' out limitation to the foregoing, Grantee shall promptly pay
cy� to Puget the cost of temporary raising of wires and the
realignment or strengthening of power poles or towers made
necessary; by Grantee's activities pursuant to this Agreement.
N If Puget so requests, Grantee shall provide assurance of
CV payment satisfactory to Puget prior to Puget's commencement
C
0 of such wor{. Puget shall accomplish such changes or repairs,
subject to tY:a 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 4
including overhead, in accordance with charges for trans-
portation of men, material, and equipment, storage expense of l±
material and rental of equipment.
, Q. Access. The Grantee shall design, construct, maintain
and use its Sewer Line in such fashion as to permit reasonable
and continuous access along Puget's Right of Way in all direc-
tions, and in such fashion as to accommodate and support
vehicular travel over and across the Sewer Line, including
travel by cranes a trucks
kRighthofeavy Way freesandGcleareofhal).
all
at all times keep Puget's
obstructions and equip:rwnt. If requested by Puget, thpuQet
Grantee shall make provisions for continue ac
tion ofsthe Puget
by
along Puget' s Right of Way during construc
Line.
11. Inspectors. Puget stall appoint one or several Puget
representatives who shall serve as inspectors to oversee all
work to be performed by Grantee on Puget's Rigt,t of Way.
Grantee shall not carry on any work unless it has given such
notice to Puget as may be reasonable in the circumstances
so as to allow for the presen,_e of such inspector or inspectors.
Grantee and Grantee's contractors shall promptly and fully
and directions of Puget s inspectors,
comply with all orders
including without limitation, cessation of work, and Grantee's
construction contracts shall
large fso suchia e 'ball
n:>pectorse. `
promptly pay 9
12. Conflict with Future Irstalldtions of Puget.. In the
event thatit shoiija-become necessary � or Puget to install
additional electric utility facilities or otherwise use Puget's
Right o: Way and if, in the sole judgment of Puget, the h such
tfon, existence and use of the Sewer Line interferes with such
installation or use to the extent that ,t is impracticable oz
substantially more expensive to accomplish such installation
or use, or that such installation or use may pose
because of the location, existence or use of the Sewer Line,
4
1
Grantee shall have the obligation to either, in Grantee's sole
discretion, (a) protect, modify or relocate the Sewer Line
at the cost and expense of Grantee, so as to remove the inter-
ference cr hazard to Puget's satisfaction, or (b) to reimburse
Puget for its added costs of design, construction and installa-
tion to avoid such interference or hazard, in the event Puget
intends to undertake any such construction, Puget shall give
a Grantee reasonable advance written notice of such intention ,
together with preliminary plans and specifications for such
work, identifying the potential interference or hazard and all
design information relating thereto. In no event shall such
notice and plans be required to be given more than six months
prior to the scheduled commencement of work.
Within one month alter receiving such notice from Puget.
Grantee shall give written notice to Puget by which notice
Grantee will elect to (a) protect, modify or relocate the
Sewer Line, or (a) reimburse Puget for its said added costs.
Sewer
If Grantee elects to proract, modify andor rdiliaentlyte ®pr se-
Line it shall ^ounce work promptly g
cute such work to completion prior to the scheduled date of
If Grantee elects to
commencement of Puget's construction. give Fuget satisfactory
f
v pay Puget's added costs, Grantee shall
CD assurance of payment of such costs at the time such notice of
CD election is given. If Grantee does not so elect one of the
Nabove-describe half of d options by giving Puget the required notice,
N Puget shall be eititled to make such an election on be
Grantee, Grantee agrees that this election shall bo binding
Q` upon Grantee and have the same effect as if made by Grantee.
r so elects option (a
If Puget ) described herein or if Grantee
elects option (a) and fails to commence and prose kite its work
as contemplated `herein, Puget may, at its option, undertake
such work on behalf of Grantee as Puget deems necessary pur-
for
ptly pay puget.
suant to option (a) and Grantee eshall msuch work. Puget's
all costs incurr_d by Puget in performing
costs reimbursable under this paragraph are defined ds in
Paragraph 9 herein.
13. Termination for Breach_. In the event Grantee breaches
or fails to peifor'm or cbserve any of the term: and conditions
herein, and fails to cure such breach or default within ninety
(90) days of Puget's giving Grantee written notice
reasonable inthe
or
within such other period to time as may
circumstances, Puget may terminate Grantee's rights under this
Agreement in addition to and not in lanateh�° a°lureyeftPuget
remedy of Puget at law or in e' luitY,hall not waive Puget's
to exercise such right at any
time right to terminate for any future breach or default.
14. Termi.na_ion for Cessation of Use. in the event Grantee
ceases to use thu Sewer Line for a perioil of five i5) successive
under ::hall
years, this Agreement and all Grantee's rights here
terminate and revert to Puget.
is Release of Sewer Line on Termination. liality Or
No termination
of this Ag i*ec+ent sFiall relGasn G�kneYe� �i=iryypriublto such
obligation with respect to any
termination, nor shall
and liabilcty tto remove r release Grantee
suh these%crhinefacilities
its obligation
from Puget's Right of we, ad restore the ground.
er-
16. Removal of Sewer tin: on Termination. tl removetfrom
urination -tFiLs ngre mcnt, Gran:oe ga l p ' p Y
the Easement Area the Sewer Line facilities 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 Sewer Line on Puget's Right of Way- Snclt work,
expense restortion r toP""t'
r�•
4.
In case of failure of Grantee to so remove the Sewer Line
facilities, restore the ground or take such other mutually
agreed upon measures, Puget may, after reasonable notice to
Grantee, remove the Sewer Line facilities, restore the grourd
or take such measures at the expense of Grantee, and Puget
shall not be liable therefor.
17. Third Party_Rii hts. Puget reserves all rights with
4 respect to its property including, without limitation, the
right to grant easements, license, and permits to other sub-
ject to the rights granted in thi . Agreement.
18. Release and Indemni�. Grantee does hereby release,
indemnify and pro am se co defend and sa, c harmless Puget from
and against any and all liability, loss, cost, damage, expense,
actions a.ad claims, including trouts and reasonable attorney's
fees incurred by Puget in defense thereof, asserted or arising
directly or indirectly on account of or out of (1) acts or
V omissions of Grantee and Grantee's servants, agents, jmployees,
c, and contractors in the exercise of the rights granted herein.
CO or (2) ac,s and omissions of Puget in its use of the Right of
noWay which affect Grantee's employees, agents, contractors, and
Nother parties benefiting from said Sewer Line; provided, how-
CD ever, this paragraph does not purport to indemnity rug n�et agai .t
p. liability for damages arising out of bodily injury to persons
r or damage to property caused by or resulting from the sole
negligence of Puget or Paget's agents or employees.
19. Insurance. Prior to Grantee's construction activities
or other sulstantial activities on Puget's Right of Way under
the rights provided herein, Grantee shall submit to Puget
evidence that Grantee or Grantee's contractors has obtained
comprehensive general liability coverage (including broad
form contractual liability coverage) satisfactory to ruget
with limits no less than the following:
Bodily Injury Liability, including $1,000,000 )
automobile bodily injury liability each occurrence
j Property Damage Liability, including $1.000,000
automobile property damage liability each occurrence
Said evidence shall be submitted on Puget's Certificate of
Insurance standard form (which form Puget shall provide upon
request) or such other form as Puget may from time to time
approve.
Said coverage shall be maintained by Grantee or Grantee's
contractors during the period when such activities take place.
1
20. Taxes. Grantee shall promptly pay or reimburse Puget
for any taxes: levied as a result of this Agrees, nt or relating
to the Grantee's improvements constructed pursuant to this
Agreement.
21. Title. The rights granted herein are subject to per-
icenses and casements, if any, heretofore granted
mits, lease_, l
by Puget affecting the property subject to this Agreement. Puget
does not warrant title to its property and shall not be liable
for defects thereto or failure thereof.
22. notices. Unless otherwise provided herein, notices
required co niin writing under this Agreement hhall be given
as follows:
If to Puget: Puget Sound Power 6 Liyht Company
Real Estate nivision
Puget Power Building
Bellevue, Washington 98009
7
r�
City of Renton
If to Grantee: Department of Public Works
Notices shall be decmod effective, if mailed, upon the
Mail-
second day following deposit thereof re the UnitOtStates eiptl'
postage Prepaid, certified or registered mail, given. Either
requested, or upon delivery thereof if otherwise 9be given by
party may change the addstowhich notices may
giving notice as above provided.
23, A+ai�7nment• Grantee sl'alrivileggn
esi and ibenefits ts saccru-
ar.d no assignment of the obligations or
hereunder. No assignment of i p o oration of law or
ing to Grantee herein,
liabilities of Grantee herein, whether by F
otherwise, shall be valir without the Prior written ccnsent of
Puget. parties
24. Successors. The rights and obligations of the P
shall inure to the benefit of and be b
inding upon their respec-
tive successors and assigns. assignment of the Lights
`3 2i, Liability. In the event of any
the %ability of Grantee and its as
shall be
m hereunder,
joint and several.
D the date hereinabove set forth.
(V ETCUTED as o:
C
d
r
ACCEPTED:
PUGk:T SOUND POWER 6 LIGHT COMPANY
CITY OF RENTON
r k��a state . vision
H}, - 1 L•.
Charle% Delauren-t.�� Mayor
,,C
Attest.:—29LlE=-e-.--`
Maxine E Motor, Deputy City Clerk
STATE OF WASHINGTON)) SS
COUNTY OF t"%'(. , the
t� day of__F�_b ,..4r
197Q, before me.
On this _I�,___
a x.ar.•l I.:SL1L A. DONNER, to me known
undersigned, personally (tF
to be the Manage E°TaLiuntate ptvat3uxecutedG the Sforegoing
OUND R
ad saiu instruaa:nt to be the free and
LIG1a COP`.r'tiNa the corp ,
instrument, and acknowlof oration, for the uses and
voluntary act and deed of said carp
purposes the r,entianed, and on Bath stated that he is
purposes
to execute the said instrun,enc•
l ti.etu affixed the day
WITNESS my hand an(! official sea
and ya.,r above written.
d
Not.izy7..l�i i'ar t)w Mate u
i•7ashin`�ton•
- h -
a
STATE. OF WASHINGTON)
) 5S.
COUNTY OF RING )
,� i���.�� ' _...•
1978, before
day of \jNt.
On this a eared-\: '
me, the undersign��Personally Pp __c. �- -� i
to me Vnow6 aCaan that executed
of the CITY OF RF.NTON,the munrc.pa co po instr
_
the foregoing instru�m nt, and actkaanalticed ofhsaidl ,said
nt
to be the free and voluntary
corporation, for the uses and purposes therein trend red, and
on oath stated that he is authorized to execute said instrument.
WITNESS my hand and official seal hereto af'ixed the day
and year first above written.
Notary public in and-Yor the State Of
Cy- Washington, residing at
C3
00
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£XHIBIT "A"
n
A strip of. land 10 feet wide lying 5 feet on each side of the
41 following described centerline:
con
y Beginning said centerline at a point
ointtbeing u5hfeet north--r
ain of Bronson Way Northeast, said p
easterly from the 200 fwoottwide traerly �nsmissiongline right of way;
6 Light Company'
thence southeasterly along a line drawn
marginparallel
PugetnSouud ct
adjacent to the ::aid southwesterly
Power 6 Light Company's transmission on Northea9 ne tt4th Street a
ii
point on the northwesterly } ,
and the terminus of said centerline.
Except any portion lying within Windsor Way Northeast.
0 All lying within the south 450 feet of the Southeast 1/4 of
Co the Southeast 1/4 of section B, Township 23 North, 1zin4'0 5
CC)
East, W.M. }
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OFFICE OF THE CE I'Y ATTORNEY* RENTON,WASHII M.:)N
1� rose Or^[�•o.sz. o• a..•eamw•uworc • r•. ;•..rw.w,•rp, Moss 1.1 MT
• g LAWRENCF ' WARREN, UAN(EL KELI.OGoG, •srs+w,+ nrr♦•raw/r
n� P December 19, 1979
�rEo �PtEs�'
TO: Maxine Motor, Deputy City Clerk
FROM: Lawrence ). Warr". :^itw ♦•,�. ,.
CITY CLERK'S OFFICE
INTEROFFICE MP""
DATE : 12/21/78
T O: M.
FRON: D n { Iv-,
SUBJECTt r 0 r 7
E, �� G /a SEMER (682-4771)
WE �^ LAWSUIT AGAINST
VANT
)IATELY.
THE :
5TH
DAVE
ACTION YOU WANT
PLEAS
TAKEN
C
cc
T A!
cl�
i
nE kE 1
� 1T
C' OFFICE OF THE CITY ATTORNEY* RENTON.WASHINOTON
_ •'Q\'Oi\b•O.lM •L iV ti'i M/•1F1{aF{. • 4FItT.M1\i,��1(`I !•p!! i\lMi•
LAWRENC . f WARREN, - ulowr•• DAN1E1. rELL0GG, us,slw.r alr
91 a Ciecember 19, 1979
e
4*1Fp SEott•o
TO: Maxine Motor, Deputy City Clerk
FROM: Lawrence J. Warren. i'iry Ai...—mm
1ITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE : 1 ,./21/78
TO: MAYOR
FROM: DEE
SUBJECT: VANTAGE POINT CONDOMINIUM SEWER EASEMENT
i
1
WE HAVE RECEIVED A TELEPHONE CALL FROM ALLEN SEMER (082-47i1)
VANTAGE POINT CONDO CONTRACTOR THREATENING A LAWSUIT AGAINST
THE CITY UNLESS THE AGREEMENT IS SIGNED IMMEDIATELY.
DAVE TIRB."PS IS GONE. UNTIL TUESDAY DECEMBER 26TH
PLEASE f:t;AL' CITY ATTORNEY'S LETTER AFD ADVISE ACTION YOU WANT
F
TAKEN
Cr PUBLIC WORKS DIRECTOR
TIBBITS/HOUGHTON
r i
J�Of,\
r
of Re
O OFFICE OF THE CITY ATTORNEY RENTON,WASHINCiPON
.O\r� W.IMI Im :..1.1M4 Md • W"rpr.. �1. 1141lY11f I" MN
`o g LAWRENtE 1 WARREN, rl+...,o""r. DANIEL KMUDGG. "*&IMT n•r•Trowv
9 e- December 19, 1978
rfn stvyssyd"
TO: Maxine Motor, Deputy City Clerk
FROM: Lawrence J. Warren, City Attorney
Re: vantage Point Condominium Sewer Easement
Dear Maxine:
Please be advised that I have reviewed the above referenced document as to legal
form. The following are my comments on that document:
1. Paragraph 2 wherein in requires the City to act in accordance with the
requirements of Puget should be clarified by adding the words "contained herein" so
that no oral requirements or later written requirements could become part of this
document
2. 1'he second sentence of paragraph 8 i> overly strenuous. 1 believe the words
"to Puget's satisfaction" contained on the last two lines on page 2 should to removed.
). 1 believe paragraph 11 coule be totally eliminated from this Agreement. If
not, I believe the paragraph is unacceptable since it would appear to turn over control
of the work totally to Puget Power.
0. Paragraph 17 should speak to breach by both parties rather than strictly a
breach by the City. It is passitile for Puget Power to breach this agreement as well
&s the City. These same comments would be .propos to paragraph 13.
S. In paragraph 18, Section 2, 1 believe all ct the language therein can be
deleted. This t. nguage is overly strict and I am not ,L:t that it is even legal. Under
our new comparative negligence laws, Puget Power would be able to escape liability
it the City \-w only ;% negligent and Puge' Power was 95% negligent. That would
be inequitable.
6. In paragraph 19, the City should determine whether or not it has such
trsurance in effect, and if it does not, what the cost of such insurance would be.
Why Puget Power would want automoble, bodily i.thury liability or automoode property
damage liability somewhat puzzles me.
1 would suggest from now on, that copies of any such easement documents be submitted
to this office prior to their being signed by the Mayor. Likewise, I world prefer to
have copies of the documents forwarded to me instead of the origirLIs as it makes
them much easier to review. I normally write comments on the mare..ns or underline
I.orttons I wish to comment orlon. I cnmmot a ,thA iwr%�...Asriginel documents.
Lawrence 7.(1.6.aJ rrcn
LJW:nd
cc: Mayor
Council President
AGREE!T NT FOR EASEMENT FOR SANITARY SEWER PIPELINE
THIS AGREEMENT made this 20t-h day of M.vxmher 1978,
between PUGET SOUND POWER G LIGHT COMPANY, a Washington corpora-
tion, ("Puget" herein) , and the CITY OF RENTON, a municipal
corporation of the State of Washington ("Grantee" herein) ;
WHEREAS, Puget is the owner of a strip of land two hun-
dred (200) feet in width running generally north and south
through the Southeast 1/4 of Section 8, Township 23 North,
Range 5 East, IN.M. , King County, Washington, which strip of
land is presently owned and occupied by Puget in connection
with Puget's electric utility operations, (said strip being
hereafter referred to as "Puget' s Right of Way") ; and
WHEREAS, Grantee desires an easement for a sanitary sewer
pipeline across Puget's Right of Way at a location more specifi-
cally described hereinbelow;
NOW THEREFORE, in consideration. of Ten and No/100 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 con-
ditions hereinafter set forth, Puget hereby grants, conveys
and quitclaims to Grantee the following easements:
A. A nonexclusive perpetual easement across, along, in,
upon and under that portion oc Puget 's Right of Way described
in Exhibit "A" attached hereto and by this reference made a
part hereof, for the purpose of installing, constructing,
operating, maintaining, removing, repairing, replacing and
using a sanitary sewer pipeline consisting of a concrete
pipe, not exceeding eight inches in diameter, with all con-
nections, manholes and underground appurtenances thereto
(herein the "Sewer Line") , together with the nonexclusive
right of ingress to and egress from said portion of Puget's
Right of Way for the foregoirg purposes;
The terms "Easement." and "Easement Area" in this inst •u-
mant refer to the easement on the property described in E„nibit
"A"
This easement is granted subject to and conditioned upon
the fol_ ding 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 TI costs an expenses of construction
and maintenance of the Sewer Line.
2. Comnliance with Laws and Rules. The Grantee shall con-
struct, malnein an3-use'the ewer L ;i ;e in accordance with the
requirements of Puget, the National Electric safety Code and
any statute, order, rule or regulation of any public authority
having jurisdiction.
3. Use of the Riih.5 of Way hy_Puget. Grantee's rights
herein sha=aC aTI times e s or nit , to such rights of
Puget as are necessary to preserve and maintain the capabil-
ities of Puget's Right of Way to be used for electric utility
purposes, and nothing herein contained shall prevent or pre-
clode Puget from undertaking construction, installation and use
of any electric utility facilities within Puget's Right of Way.
Puget shall not be liable to Grantee or to Grantee's employees,
agents, or to any other party benefiting from said sewer Line,
for loss or injury resulting from any damage or destruction of
the Sewer Lint directly or indirectly caused by Puget's existing
or future use of Puget 's Right of Way.
i
{. Rewired Prior Notice and Approval of Plans and
_elment ications, r}r tpr tv any insta Tat on, a teration, replace-
ment or removal of the Sewer Line facilities or any other major
activity by Grantee on Puget 's Right of Way, Grantee shall give
Puget written notice thereof together with preliminary plans
and specifications for the same at least six (6) months prior
*o the scheduled commencement of such activity. Puget shall
have the right to require that such plans an specifications
be modified, revised or otherwise changed to the extent that
the final plans and specifications therefor shall include pro-
visions for the protection of Puget's facilities, the prc-
vention of hazardous conditions and minimum interruption to
Puget 's utility operations. No such activity shall b. commenced
without 'uget 's prior written approval of the plans and specifi-
cations therefor and all changes or amendments thereto, which
approval shill not be unreasonably withheld. Notwithstanding
the foregoing, in the event of any emergency requiring imme-
diate action by Grantee for protection of the Sewer Line, per-
sons or property, Grantee may take such action upon such notice
to Pu.,et as is reasonable under the circumstances.
Nothing heroin shall be deemed to impose any duty or
obligation on Puc ,c 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 Puget.
5. As-Build Survey. Upon Puget's request, Grantee shall
promptly prove a Puget with as-built drawings and survey showing
the location and elevations of the Sewer Line facilities on
Puget 's Right of Way.
6. Grantee's Use and Activities. Grantee shall exercise
its rights un er t -is Agreement so as to minimize and avoid,
insofar as possible, interference with the use by Puget of
its Right of Way for electric utility purposes and shall at
all times conduct its activities on the Easement Area so as not
to interfere with, obstruct or endanger Puget's operations or
facilities Grantee shall install the Sewer Line and conduct
any other of its substantial activities on Puget's Right of Way
as may be communicated to Grantee by Puget for the purpose of
rotecting Puget's facilities, preventing hazardous conditions
and minimizing interruptions to Puget's utility operations.
7. Coordination of Activities. Grantee shall give at
least 30 3iys a va3 nCe written notice of the proposed dates or
its construction, repair and maintenance activities on Puget's
Right of Way to Puget's South Central Division (presently
headquartered at Renton, Washington) , or such other division
of Puget at Puget may from time to time designate. Grantee
shall cooperate in the revision of s,.ch dates and/or the
coordination of its activities with those of Puget's if
deemed necessary by Puget to minimize conflicts, insure pro-
tectior to each party's facilities, prevent hazardous con-
ditions, or minimize interruption of Puget's operations.
Provided, however, that in the event of an emergency requir -
ing immediate action by Grantee for the protection of its
facilities or other persons or property, Grantee may take
such action upo;, such notice to Puget as is reasonable
under the circumstances.
B. Work Standards. All work to be performed by Grantee
on Puget 's Rag t okay shall be designed and constructed so
as to withstand the consequences of any short circuit of any
of Puget's electric facilities now or hereafter installed on
the Right of Way. All work to be performed by Grantee on
Puget 's Right of Way shall also be in Accordance with the
plans and specifications submitted to and approved by Puget ,
and shall be completed in a careful and workmanlike manner to
Puget's satisfaction, free of claims or liens, however,
lr"
nothing herein shall he deemed to impose a duty or obliga-
tion on Puget with respect to the sufficiency thereof. With-
out limitation to the foregoing, Grantee shall exercise the
utmost caution when conducting ico activities in the vicinity
r of any of Puget's energized power lines in order to prevent
any contact therewith. upon completion of such work Grantee
shall remove all debris and restore the ground surface as
nearly as possible to t' • condition in which it was at the
commencement of such wo and shall replace any property
corner monuments which u : disturbed or destroyed during
construction. Grantee shall also pay to Puget all of Puget's
costs necessary to re-establish destroyed survey references
and hubs established by Puget in conjunction with any survey
for new facilities on Puget' s Right of Way.
9. Changes and Repairs to Pu�_e.t�s Facilities. Grantee
shall promptly pay to Puget the cost of any relocation, alter-
ation, restoration and other changes or repairs to Puget 's
facilities which Puget shall reasonably deem necessary by
reason of the construction, use and maintenance of the Seweith-
Line or other activities of Grantee on Puget's property.
out limitation to the foregoing, Grantee shall promptly pay
to Puget the cost of temporary raising of wires and the
realignment or strengthening of power poles or towers made
necessary by crantee's activities pursuant to this Agreement.
If Puget so requests, Grantee shall provide assurance of
payment satisfactory to Puget prior to Puget 's commencement
of such work. Puget 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 trans-
portation of men, material, and equipment, storage expense of
material and rental of equipment.
10. Access. The Grantee shall design, construct, maintain
and use its Sewer Line in such fashion as to permit reasonable
and continuo*,s access along Puget's Right of Way in all direc-
tions, and in such fashion as to accommodate and support
vehicular travel over and across the Sewer Line, including
travel by cranes and trucks with heavy loads. Grantee
oshall
at all times keep Puget' s Right of way
free and clearobstructions and equipment. If requested by Puget, the
Grantee shall make provisions for continued access by Puget
along Puget's Right of way during construction of the Sewer
1.ine.
11. Ins ctors. Puget shall appoint one or several Puget
representatives who shall serve as inspectors to oversee all
work to be performed by Grantee won Puget's Right o givenf Way. such
Grantee shall not carry on any
notice to Puget as may be presence ofle ir, the such inspector orainspectors.
Grantee
as to allow for tic
Grantee and Grantee's contractors shall promptly and fully
comply with all orders and directions of Pua.)t's inspector.:,
including without limitation, cessation of work, and Grantee's
construction contracts shall so provide. crantee shall
promptly pay Puget's charge for such inspe
rs-
12. Conflict with Future Installations of Puget. In the
event that it
shoTd become necessary
or Puget to nstall
facilities or otherwise use Puget's
additional electric utility
Right of Way and if, in the sole judgment of Puget, the loca-
t1on, existent.: and use of the Sewer Line interferes with such
installation �r use to the extent that it is impracticable or
substantially more expensive to accomplish such
nat hazard
on
or use, or that such installation or use may Pose
sewer Line ,
because of the locntian, existence or ust of the '
t
Grantee shall have the obligation to either, .a Grantee's sole
discretion, (a) protect, modify or relocate the Sewer Line
at the cost and expense of Grantee, so as to remove the inter-
ference or hazard to Puget's satisfaction, or (b) to reimburse
Puget for its added costs of design, construction and installa-
tion to avoid such interference or hazard. In the event Puget
intends to undertake any such construction, Puget shall give
Grantee reasonable advance written notice of such intention
together with preliminary plans and specifications for such
work, identifying the potential interference or hazard and all
design information relating thereto. 'n no event shall such
notice and plans be required to be given more than six months
prior to the scheduled commencement of work.
Within one month after receiving such notice from Pu(;et,
Grantee shall give written notice to Puget by which notice
Grantee will elect to ia) protect, modify or relocate the
Sewer Line, or (b) reimburse Puget for its said added costs.
If Grantee elects to protect, modify or relocate the Sewer
Line it shall commence work promptly and diligently prose-
cute such work to completion prior to the scheduled date of
commencement of Puget 's construction. If Grantee elects to
pay Puget's added costs, Grantee shall give Puget satisfactory
assurance of payment, of such costs at the time such notice of
election is given. If Grantee does not sv elect one of the
above-described options by giving Puget the required notice,
Puget shall be entitled to make such an election on behalf of
Grantee, Grantee agrees that this election shall be binding
upon Grantee and have the same effect as if made by Grantee.
If Puget so elects option (a) described herein or if Grantee
erects option (a) and fails to commence and prose.:ute its work
as contemplated herein, Puget may, at its option, undertake
such work on behalf of Grantee as Puget deems nece %yurpur-
for
su. t to option (a) and Grantee shall promptly pay get
all costs incurred by Puget in *performing such work. Puget 's
costs reimbursable under this paragraph are defined as in
Paragraph 9 he, ,in.
13. Termination for Breach. In the event Grantee breaches
or fails to per orm or o serve any of the terms .:nd corditions
herein, and fails to cure such breach or default within ninety
(90) days of Puget' s giving Grantee written nrcice thereof, or
within such other period of time as may be reasonable in the
circumstances, Puget may terminate Grantee's rights '.ender this
Agreement in adeition to and not in limitation of any other
remedy of Puget at law or in equity, and the failure of Puget
tG exrcise such
any shall
ortdefauluget's
tY
14. Termination for Cessation of Use. In the event Grantee
ceases to use Lie-3ewer ine for a Perio�C of five (5) successive
years, this Agreement and all Grantee' s rights hereunder shall
terminate end revert to Puget.
is Release of Sewer Line on Termination. No termination
o_ this agreement s-na re ease to
rancee rom any prioliabr
y or
termination,obligation with respect to any matter occurring p
termination, nor shall such termination release Grantee from
its obligation and from Puget's Right ofa way rand ty trestore theo remove e Sewer Line facilities
ground,
16. Removal of Sewer Line on Termination. Upon any ter-
mination o thisAgreement ,Grant a-- s af�Promptly remove from
the ta5ement Area the Sewer Line facilities and s the restalteore the,
Ground to the condtdail now
agreeablenmeasures to minimize the
take such other m rt sally ay
impact of the Sower Line on Puget's Right of Way-
removal Such work,
ne
expense ofd Grantee aand intion hA maneerall b osatasfe.ctoryt te lto ost and
Pugc
In case of failure of Grantee to to remove the Sewer Line
facilities, restore the ground or take
suchrcas othernable mutually
auice to
agreed upon measures, Puqet may , after
Grantee, remave the Sewer Line facilities, restore the ground
or take suc'i measures at the expense of Grantee, and Puget
' shall not be liable thereto) .
1
1.1. Third Part Rai ht �. Puget reserves all rights with
� espcct to is property tncluding, withi n limitation, the
sight to grant easements, licenses and permits to other sub-
ject to the rights granted in this Agreement.
is. Release and Indemnity. Grantee does hereby release,
indemnify an3prostis�fend and save harmless Puget from
and against any and all liability. loss , cost, damage'
actions and claims, including costs and reasonable attorney s
fees incurred by Puget in defense thereof, asserted o: arising
directly or indirectly on account of or out of (1) actAployees,
or
omissions of Grantee and Grantee's servants, age
and contractors in the exercise - f tee rights granted herein,
or (2) acts and omissions of Puget in its we of the Right of
Way which affect Grantee's employees, agents. cortractorshtwnd
other parties benefiting from said Sewer Line: Pu t against
ever, this paragraph does not purport to indemnii ge ragas
liability for damages arising out of bodily injury to pe
or damage to property caused uy or resulting from the sole
negligence of Puget or Puget' s agents or employs**-
19 . Insurance. Prior to Grantee' s constructi.on ac�lvlties
or other a atant al activities on Puget's Right of Way under
the rights provided herein, Grauiee •hall submit to Puget
evidence that Grantee or Grantee covecageactors has(incit.ding broad obtained
comprehensive general liability
form contractual liability coverage) satis[actory co Puget
wl' . limits no less than the following:
Bodily Injury Liability, including $1,000,000 ence
automobile bodily injury liability
each occProperty Damage Liability, including $1,000,000
automobile property damage liability each occurrence
Said evidence shall be submitted on Puget 's Certificate f r
Insurance_ standard form (which form Pugit�zomlCi Co tuns n
requ--estj or such other form as Puget may
approve.
Said coverage shall be maintained by Grantee or Grantee's
contractors during the period when such activities take place.
Grantee shall promptly pay or reimburse Puget
20 . Taxes. ment
tortheyGrannttee'svimprovementsuconstructerApuNM nt to this or t�nq
Agreement.
21 . Title. The rights granted herein are subject to par-
m�te , leasas,�licenses and easements, if any, heretofore granted
by Puget affecting the property subisct to this Agreement. Puget
title to its property and shall not be liable
does not warrant
for defects thereto or failure thereof.
w
unless otherise provided herein, n.)tice
22. Notices. this Agresmant shall be given
reyuired Lomb Cn wrl.ting under
as follows-
If to Puget : Puget Sound Power a Light Company .
Reel Estate Division
Puget Power Building
Bellavul, Washington 98009
- 5
If to Grantee; City of Renton
Department of Public Works
Notices shall be deemed effective, if mailed, upon the
second day foil-wing deposit therof in the United State5 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.
23. Assignment. Grantee shall not assig- its rights
hereunder. No assignment of the privileges and l,enefits accru-
ing to Grantee herein, and no assignment of the obligations or
liabili _es of Grantee herein, whether by operation of law or
otherwise, shall be valid without the 1"ior written consent of
R Puget.
24. Succesaors. The rights and obligations of the parties
shall inure to the Tenefit of and be binding upon Choir respec-
tive successors and assigns.
25. Liabiiit Y.
In the event of any assignment of the rights
hereunder, tic 110 iity of Grantee and its assignees shall be
joint and several
EXCUTED as of the date hereinabove set forth.
ACCEPTED:
CITY OF RENTON
8Y
ar es J. De aurenti, Mayor
Attest;
Maxine E. Motor, Deputy City Clerk
STATE OF WASHINGTON)
) SS.
COUNTY OF KING )
O-; this day of , 1978, before me, the
undersigned, personally appearc.r LEA A. mNNER, to me known
to be the Manager-Real Estate Division of PUGET SOUND POWER 6
LIGHT COMPANY, + ,e 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 the day
and year above written.
Notary P1101 is in an or the State o
Washington, residing ate___
STATE OF WASHINGTON) SS.
COUNTY OF KING 1
� \ r �J, 197�+. before
On this day of
me, the undersign- ed—Personal y a—p:p r-
_�.
to me sown to`6e t e_F•,t anon Mat exec---u—te3�-
of the CITY OF RENTON, t e munlclpa co po
the foregoing instrument, andactkandldeeddofhsaidlmunicipl instrument
Go be the free and voluntary oses therein mentioned, and
corporation, for the uses and Pure �.o execute said instrument.
on oath stated that he is authorized
WITNESS my hand and official seal hereto a`fixed the day
and year first above written.
Notary Puoilc to an or �th �artrK o0
Washington, residing at
i
I
r
5.
EXHIBIT
A strip of land 10 feet wide lying 5 feet on each side of the
following described centerline:
Beginning said centerline at a point on the southeasterly mar-
Beginning of Bronson Way Northeast, said point being 5 feet north-
easterly from the 200tf�ttWide transmissiong line et oright und oofrway;
6 Light Company a line drawn para
thence llel and 5 feet
southeasterly along
nt to the said southwesterly margin of Puget Sound
adjace
Power A. Light Company'n transmission line right of way to a
point on the northwesterly margin of Northeast 4th Street
and the terminus of said centerline.
Except any portion lying within Windsor Way Northeast-
All lying within the south 450 feet of the Southeast 1/4 of
23 North, Range 5
the Southeast 1/4 of Section B, Township 41
East, W.M.
I
yy _ �
11/20/78itPageu2cil
Old Bvsiness Continued
Right-of-Way SECOND CLYMFR. COUNCIL CONCUR IN REPORT. Upon inquiry by Ciuncil-
Turnback woman Thorpe, Public Works Director Gonnason explained that upon
turnback the City would be responsible for maintenance and if not
maintained, the State would deduct costs from gas tax funds.
Councilman Stredicke noted the City would than have quarantee of
open space. MOTIUN CARRIED.
�— —'
Utilities The utilities Committee report recommended Council concur with the
ommittee Public Works Department and accept the easement from Puget Power
antege point which is needed to provide sewer aervice to Vantage Point. Condo-
Condominiums miniums by installation
Of and Lakev
iewmain from
STheth anewnd 8soewerni'ould
Sewer Service be approximately E
4thbe built within Puget Power's Shuffleton right-of-way and and re
the easement. The report also recommended that the Mavor and Cit
Clerk be authorized to sign the easement. MOVED BY PERRY, SEC tIDJ
H�T1NE. COUNCIL CONCUR IN COMMITTEE REPORT. `CARRIED.
ORDINANCES AND RESOLUTIONS
edicke
Committee Means
Report IrePortnaecomnendi g Means isecondttee h and mfinal an rreadings rOfethe folllowing
r ordinances which had been on first readings 11/13t78.
Ordinance 03262 An ordinance was read extending time for Hearing Examiner's
Hearin-- 9 Examiner decision from date of hearing 14 days to 30 days in event of
By
E SECOND PERRY, COUNCIL
Time Extension unusual circumstances,RDINANCE AS READ MOVED ROLL CALL: AYE: CLYNER. STREDICKE,
THORPE, PERRY; ONE NO: SHANE. MOTION CARRIED.
Ordinance M3263 An ordinance was read changing the zoning cless`fication of property
de of
edar Ave. S.
the
PhasenlliR Rez78- fro R SttoandiS1o7the5t n CouncelmaniClymer Cleft the Chambers en
and took no part in any discussio t.n or any action regarding this
CmatterOUNCILND THORPE,
dADOPT THEflict ORDINANCEnes ASrREAD. MROLDL CALL: ALL
BY PERRY, SAYES: SHANE,
CARRIED. (Clpmer returned to Chambers.)
STREDICKE. THORPE AND PERRY.
Ordinance i3P64 An ordinance was read changing the zoning c assification from G to
tney Rezone Trailer Park T for property located south of NE 4th St. adjacent
R-119-78 to Union Ave. SE and the existing Leisure Estates Mobile Home
ants weCommittere vedhaiMOVEDrman SBYeSTREDiCKE dicke nod
SECONDdSHANE,iADOPT THE coven
AS PERRY. CARRIED.CALL: 5-AYE: CLVMER, SHANE, STREDICKE,
THORPE
Ordinance 03265 The Ways and Means Committee recommended •eadin3 and adoption of ae
979 Amendatory ordinance amending the 1979 Budget Ordinance$3.472 per $I,o0O) which increases
Budget Ordinance amount of taxation basedbon3106tocalculationsSasOrequiredeby law)
maximum 1979 Levy ( MOVED BY STREDICKE, SECOND
E3,260.727.21. Followi•,g first reading,
THORPE. SUSPEND RULES AND ADVANCE ORDINAiCE TO SECOND AND FINAL
CLYMERGSADOPTRTHE ORDREDICKE, SECOND
INANCEiAS READ. RCLng readings, 1LrCALL: 4VED By TAYE: CLYMER,
STREDICKE, THORPE, PERRY; ONE NO: SHANE MOTION CARRIED.
GORANTTED BVTTHIISCCOUNCiLOAOCTIONRk, THAT BE REFERtEDETo THERCOrMITTEE80F96HEZ1
WHOLE FOR BUDGET DELIBERATIONS. CARRIED,
having width
ing of an
Street Vacation The Ways and Means Committee recommended first r3a78) t vi fee of
South 7th St. ordinance vacating a portion of Ma nearS. 7th SMilmenco3 va
Near Burnett S. of 30 ft. westerly of S. Grady y
$7948.10 PaNCEND CLY
6BACK9T0 THE WAYr. SMANDDMFANSTCOMMITTEESECOARRIED E
Interties with ChairmmaantSreedicke t alies ledatwith ter, Cities ofition to s Kent iand on aTukwila
ing
rred
Cities of Kent to SECOND
and Tukwila to thevide UtilitiesiCn�itteer n111 6/78. rMOYEDT CITIES COM was IT
SHANE, IF THE MATTER IS NOT REPORTED B` THE UTILITIES COMMITTEE
BY 11/27178. THE WAYS AND MEANS COMMIT EE BE INSTRUCTED TO REPORT.
CARRIED.
1
RENTON CITY CGUNCIL
Regular Meeting
Municipal Building
November 20. 1978 Council Chambers
Monday. 8: 00 P.M. M_1, N_ U T ES.
CALL TO O DER flagrandarles calleJ the Rentoni let the City Council meeting Allegiance
to order.to the
ROLL CALL OF EARL CLYMER, Council President; 'ARLES F. SHANE, RICHARD M.
COUNCIL STREDICKE, PATRICIA M. SEYMOUR-ThJRPE AND GEORGE J. PERRY, MOVED
BY CLYMER, SECOND SHANE, -XCUSS ABSENT COUNCIL MEMBERS BARBARA
Y. SHINPOCH AND THOMAS W. 'RIMM. CARRIED.
CITY OFFICIALS C. J. DELAURENTI, Mayor; DEL MEnt City Clerk; LAWRENCE WARREN,
IN ATTENDANCE City Attorney; WARREN GONNASON, P,.olic Works Director; W. E.
BENNETT. Deputy Finance Director; RiCHARD GEISSLER, Fire Chief;
MIKE SMITH. Planning Representative; CAPT. JOHN BUFF, Police Rep.
PRESS
GREG ANDERSON, Renton Record Chronicle.
MINUTE APPROVAL MOVEMBER 13 BY YM1978SECOND
AS THORPE,SENTED. COUNCCARRIL
APPROVE MINUTES Of
LLD BUSINESS Council President Clymer oresented Committ of the Whole, Budget
Camr,ittee of Whole Committee report recommending purchase of new typewriter for the
Buffet Committee Legislative Department using funds from Legislative Travel and
Conference for 1978; also recommending the Fire Department ty?e
writer which will be replaced by the LegislattcE 'ypewriter, be
used for trade-in. MOVED BY CLYMER, SECOND THORPE, CONCUR IN
RECOWENDATION AND REFER THE MATTER TO THE WAYS AND MEANS COMMITTEE
FOR RESOLUTION. CARRIED.
Building Division The report of the Budget Committee recommended that the clatter of
Reorganization the Building Department reorganization be referred to the Committee
of the While and the Plannin and Develo ment Committee for review.
itpV" Epp . '-V'1ER, SECOND THORPE, COUNC L CONCUR mil REffiiIENCATI01.
Upon inquiry by Councilman Shane, Councilman Perry notes a recom-
endation had been made to committee fur one-stop Permit fee.
MOTION CARRIED. Councilman Shane requested his ne vt : be recorded.
Salary Study The Budget Committee report recommended that all salary adjustments
Adjustments included in the 1979 Budget as presented to Council members be
referred to the Wks and Means Committee for study along with the
salary study SECOND CLYMERm,ade CONCURtiN RECOMMENDATION. CARRIED.
MOVED BY PERRY,
1
City Attorney The Budget Committee recommended that the Ways and means Committee i
conduct a study to determine fdr the 1980 Budget whether the City
should obtain the services of a full-time City Attorney or continue
with part-time services. MOVED BY PERRY, SECOND CLYMER, COLNCIL
CONCUR IN RECOMMENDATION. CARRIED.
Unemployment The Budget Committee recommended that the Ways and Means Committee
Compensation establish
reserve for
mdCL ent SL
nd �eare thenecessaryordinance. MOVEDBYYMER- SECOND PERRY
CONCUR AND REFER MATTER TO WAYS AND MEANS FOR ORDINANCE. CARRIED.
Councilman Shane Councilman Shane made the followinentere motions
in which
hefailed
for Alack
of a second and requested they
be tax be placed on wagering at Longacrea. The ! itv grant ur tc ctn
tax reduction to Senior Citizens who own and live in that home.
The City establish standards and advertise tur Lm 4 Att.n ney.
i�ransooeeecion pertainingitoTransportaiontuornbackCmmitteofrState highway right-of-way to tneeport noted view f ' ap and eCiitty.
Ijm explaining the right-of-way was secured by the State in the Kenny-
ale eree for FAI 405. The committee recommendedMOVEDhBYMayor and
STREDICKE
City Clerk be authorized to sign agreements.
ave
jht. of
cess to
1 2, Acczss Crantcr shall Property
to Lnnbleccrantee toe
Right of !lay aver and across the
rovided,ythat Grantee ,.hall llo=om-
exercise its rights hereunder, P caused by
pensatc Grantor for any damage to the Property
Puget Pow
and nPn power line
crercise Of said right of access and pet
that uch acces..
shall be limited to exiser practicable.
taaintenance roads wherever P
3, Cut_tinq of Trees. Grantee shall
or trim an%'
r
Z.
j if w:. h . h0._.
.?) (r" U.Z. ,;;. '.+ rie. I{4, :. ..•I I i..C.,>.� � _ '>LJP
TOTAL
i
i
.r
i
y, Accoss Grantee shall have the � Iht of access to the
Right of '.7aY over and across the Property to enable Grantee to
exercise its rights hereunder, provided, that Grantee ha the
ll com-
pensate Grantor for :ny damage to the Ppythat+suched yaccess
Puget
power and ➢PA power line
exercise o: said right of access and provided
shall be linited to existingopracticablc.
maintenance roads wherever p
3, Cuttinq of Trees. Grantee shall hall
or trim any and
A. of eF1 o PUBLIC WORKS DEPARTMENT
DESIGN/U l " ll Y ENGINEERING tll 1.35-2631
�i
= ! lUQ MI'�L AVE.Sb. NLNTON,WASH,96i86
MUNICIPAL BUILDING
O,fl +o
P
a A�TEU sk PtE Ct,iy li , l.'74 � �
CHARLES J. DELAURENTI
MAYOR
� 1
r'
Municiy!ality of Metropolitan Seattle
S21 2ad Avenue
Seattle, WA
Gentlemen: our t,�Ov '
We are enclosing one copy o[ sanitary sewer t"gt results for Y
of the following proioct:
Vantage Point Uff-Site
very truly yours.
Richard C. P.eughtou
Supervisor meet
Dcaiga/Utiliticy Eng
AH:p�P
tnclosure
y, Accass grantee shall have the : iht of access to tha: ` ht of accv:.0 to the
oert to enable Grantee to Z, Accass Granted ^hall have the i
Right of !lay ov+:r and across thprovided,ythat Grantee shall cnm- -
Property to unable Grantee to
uy,�rcise its rights hereunder, F cauaud by the Right of t7ay over and acroFs therovidcd,ythat Grantee sby hall thecom-
damage to the Property eyercise its rights hereunder, F
pensate Grantor for any i provided that such access pensate Grantor f'r any damage to the Property caused h
� provided that such ace'"ss
exercise o: said right of access
and BP:+ Folder lino Fugct Power and BPA Power liry
shall be limited to uxistingraccicable. e,.ercise Of said right of access and P
shall be limited to existingracticablu.
maintenance roads whuruver F .� . V maintenance roads wherever F
3, Cutting of Trees. Grantee shall h: +"
3, Cutting of Trees. Granteu shall h:
or trim any antis ^"
or trim an]'
and
nai i nm
1
_r
b�
SANITARY SEWER SYSTEM LOW PRESSUr E AIR TEST ,7A.
��15.� ryG6"^Sir Z_ —�
PROJECT 4 �r- tst� I 0,4*,o r '
DATE 4 25- �r RESULT LOCATION LENGTH K CITY CLERK'S OFFICE
ww,,.� // C J I MF k 'p
!'T.. - / - —`. -- W , — ICE MEMO R7INUUM
�j ?D_._ --_ -
�! -. _—.._ —__ O ��1_� _ .—_ INTER-OFFICE
DATE: 12/21/78
4'L,rS a_ Tot TIRBiTi/HOUGHTON
_ 1
C ter►
FROM: DEE
� • .SK• E .S.. T '
I d- '�'S•,n, , R EASEMENT
.�.D — C, _ _ �� - = SUBJECT : VANTAGE POINT CONDOMZNIUM SEWER
nial .. � _
. � F-- "-- WE HAVE RECEIVED A TELEPHONE CALL FROM ALL
EN S£MER 1682-47'.1.
WSUIT
-~_ - -_ ,ljr1✓�_,- y=��!'- q -- - VANTAGE POINT CONDO CONTRACTOR THREATENING A SP+TELY. AGAINST
-8 SIGNED 7DL'+ttEDIAT£LY.
�. ,elo THE CITY UNLESS THE AGREEMENT
PLF.AGE READ CITY ATTORNEY'S LETTER ANU ADVISE ACTIDN YOU
�._.----
.. - �/,Ll/e� 1._ �• WANT TAKEN
— -23?
cc Public Works Director
. •�.1 pvG ._. .1_ May Or i
RVC. __--�.- _. u mil��-yOf•'YS_
7-0
�fdi lot,
127 ) aE rase ar...r -
'- P.nron. Wonmyron .a05e
rt,( I t r„ i sea:1119 [zoal 115 e475 P.nwn W
SVS IC M.S fs021 JSJ-3377. s-um 0.
p a R C C T!
r• r, n7 Rve
T. b. INSPECTION iot2d GROUT REPORTDATE "ti nW0P
-08 NG. CLIENT ' QL 2 t`a Jl$ ~ W n O N
L L 8tac rthJL INSPECTOR
'IPE CLEANED BY vE ATMER '> 7f Pf ra Po
j
., . r•rn G fr ,IR
n n�rr a t�KIR
n W.N 0 f,
Ui.ATI N OF LINE O rt a ri
0 K O
,p G Ar D. 7 n r
♦y �T cJC i r1w.lA4y- T 'r�+c la MLL�L O
� �1 'k' *F � of £ p v.n tt :, Cl
Direction of Plow anhole Tpp-? y p p 7 n 7
Nar�hoie Joint Length Pipe Type Joint Type 11► ST•1 eft Righ rr
pipe Size p ,r c. Z„ ;. .k�rr 'rlr' SB �0 O'^ n
•1z 22-"Io Bottom n o
23 �" From Center df Manhole K �• a a 0
Direction of ,gasuremenf�
GROUT I + G ^Ja � �� �
T. V. I N S P E C T I O N v
Remarks irate f(epairea
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LI -Leak Infiltration R -Roots t
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l+aw -Picture No. U -tJnpassahle
c}Ys,r. TECNAICIPN
Grade 7.
A W
rzni se ieei�o weoy5
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(106) 255- 6475
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-Broken Pipe N -hoots
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p' _�Pe -picture Hu.
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ndition ruo �
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Ron, WtaS/npron pS03S
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.. 1) 303-3377 St4m,0" 01 Q 'I M 19
T. V. INSPECTION and GROUT REPORT r• G _ � �
BB F, 7 1 :_LIENT I n n .~••n w c0 rt N
DATE ..r•w rD �'•K r'
to O
N
PI L -LE;NLO dY t. WEATHER CT
G 7 t0 0
INSPECTOR n n r.0 n r• _j+y
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1 t W.
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ate Repairer Remarks to
- KGr G nW UI C 'i
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t FT .`. ctU.._x t..,. _ _ �• W 0 r 0
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Pipe Condition r B -Broken Pipe pT -Protrutlinq Tap m 0 0 0 0 :
LI -Leak Infiltration R -.quota rr
r?ennoio Condition i LE {oak Lxfiltration -Service Lateral
_— P -Picture Na. '�
Grade U -Unpa:.sahle
7ECNI,.1Gt9N
F __
t �
rllt] S E Itiem Srceer
bnlon. Wunm9ron Y6055
(105) 255-8e" 1
eenron.
(503) I03-3i)� Serem.M.
4 . r ono ; mowavJ
GROUT REPORT DATE .a�
C7lON _d— .,,e In K � .. , ar7
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Manhole pi as Size Joint Length
h, nnole G K ,'^U' 3 0 G
+J G cCarterC R C U T I N L N G K 1,t'A
+,o. Fzom of a t11 ✓ P v m r n U 3 a
'j-%A measuremen�T _ _�- G O 0 ;'\ wJ ,, 0 G O U ?
direct ion of F.emarka J.C.
(J ;7 r n r U
N S p E C T : U Jate Hepaired [, r G ro G 0 • 7 r
T. rn
RenacKs Nl Vt K'L1 n ti
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_P rotruoin9 Tap 9 N 7 O m p 0 f 7 i
LINE CJN0LT101: 9 ••pruken pipe R _eloata
ion t.,c„� LI -Leek infiltration _Service Lateral
n
pipe =�nd�t '�— LE _Leak Fxfiltrstion U -urpassable TLLH;;C1Ah
p
Mannole Lomit ion s--1 -picture
Trade
I
f
i
I
i
r.
y, Accass Grantee rhall have theht of access to tto
he
Right . U y aver and across the Property to enable Grantea co
hts hereunder, provided, that Grantee shall cnm-
nyercise its rig
damage to the property caused by the
pensate Grantor for any , Provided that such access
ncj Puget Power and DPA power line
exercise o: said right of access ape.
shall be linited to exi:rer practicable.
maintenance roads wherever p o cut
3, Cutting of Trees. Grantee shall have thLow. grightupon
—'n a'Il�ush-ees or trees standin9i1 is in
or trim any at the time saifl Right o_ y
the Right of Nay
cleared. Gpoa giving 3rantor rcasonab' notice of Grantee's
plans to^exercise nthe fnlloid pirns,tGranteelshallahavend pthe
r ryyp�yy�
s:V Syc
OF RF
+A
2 OFFICE OF THE CITY ATTORNhY0 RE'1TnN.' 'ASHiNGTON
_ ros.orra•o.saa goo :tea wenu[•unox.G • •sn.on.,wenr,G*or. •••ss ,ss"nn
LAWRENCE 1 WARREN, c�tr•rto•ntr D.ANIEL KLI LCXaG. ss�s.u,' nry,,..a•ae.
■
e
4 49 December 26, 1S78
�rFD SEot`'�
TO: Warren Gonnason, Public Works Director
FROM: Lawrence J. Warren, Citv Attorney
Re: Sewer Easement for Bryn Mawr-Lakeridge Sewer District
In reviewing the above referenced document , I have found several
minor problems . Initially, the City of Renton is not a Washington
Corporation, but a Washington Muricipal Corporation. The laws
es of Legal entities are quite different
governing these two typ .
Next , there is no section in the easemen upon thnoting
that
the
Cit these
reserves to itself the right to g
an indemnity agreement nor clause that would have the easement
revert to the City if it were abandoned for a period of time.
All of those points should be covered in the easement document.
I am enclosing herewith a copy of a page from an easement utili'zed
by Puget
Power when dealing covered i wththis document .
The various points
I have
If you have any further questions , please feel free to contact me.
Lawrence J. Warren
LJW:nd
Encl .
cr: Mayor
Council President
1 2. Acc.ass-"% Grantee shall have the a•yht of access to the
Right of !ley over and across the provided,y to that Grantee
enable
Grantee
shall com-
crcrci.:e its rights hereunder,
pensate Grantor for any damage to the Property caused by the
exercise of said ight of access and provided that power h access
line
maintenanceitcd
shall be m t
roadsw existing
wherever practicable.
and 15PA
z. Cutting of Trees. Grantee shall have the right to cut
andia7f or trees standing or growing u2on
or trim an
the Right Of oWayiat the
Grantor✓reasonatrltime Rirlhte n ticelof1GranteeYs
olans to erc
cleared. lc giving
the following additional right, and upon
Grantor's concurrence in saidsplans,tGrantee
shall
ent lahav ofthe
righ .o Cut or trim r y #
Granter which ceuld, i Grantee's reasonable judgment, be a g
hazard to Crantee's facilities. faith respect t. subsequent `
cutting and trimming activities, Grantee shall give such
notice and obtain sues concurrence whether or not
thentbrush
ta tand
trees lie within the Grantee s Right of Way
A Right of Way. a
The foregoing notwithstanding, Grantee shall haroot Ct
F
right to take all steps Grantee deems necessary to p
life or property without notice to Grantor in the event of
tence of life or property endangering
any emergency or the exis
conditions. f
q. G rantor's Use of Right of Y1a] . Grantor reserves to
nd F
andeexUressl 9 CACCPtose Rightlly yor ed hereunder
yeforer
any purpose not inconsistent with the rights herein granted,
t Grantor shall not construct or maintain any
or
building or othrx structure
eir nhrhWsR�c thin ht fthe yRight and GofnWay -
shall not plant any
t.hich would normally exceed a height of 15 feet at maturity.
Y
accepting and recording this easement
5. Indemnit - R
Grantee agrees to indemnify and hold yharmlessprsonnwhichrmay abe
and all claims for damages suffered by Y p ranted,
caused by Crantee's exercise of the r e to
Grantor for
ights herein 9
provided, that Grantee shall not be responsibcaused by
any damages resulting from injuries to any person
acts or o:issions of Grantor.
6. lSandonment. The rights h^_rein shall continue until
such time as Grantee ceases to use
Right of which event this
for a
period of five (5) ay
. ate
years,
easement shall tentinate and all rights hereunder shall revert
nu abandonment
eemea
to Grantor, provided that failure to d initiallyto _
have occurred by mason of Grantee's ay within any periof
install its facilities on the Right of Way ,
time from the date hereof.
7. Successors and Annigns. The rights and obligations
T
of the parries shaf> inure to the ben:.tit of and be binding
upon their respective successors and assigns. 1978.
DATFD this day of-,—__-- --'
1
.. ..p•� I It �.
src
SEWER SYS7 M LAW PRESSU'RE l Z p*4 5T
SANITARY r
PROJECT RE SULT
DAT'- 0-/ K C
LOCATION LENGTH _ - -- _
2 7
MAw, '
10,
I -�_-'-'._�
1
� � P
'Renton City Council
11/20/78 Page 2
Old Business Continued
on inquiry by Council- '
SECOND CLYMER, COUNCIL CONCUR IN REPORT. Up laine" that upon
Right-of-Way womr,n Thorpe.. Public Works D,Spc,toible"faromaintenance and +f not
Turnback turnback thr. City would be *rom gas tax funds.
would Lh@n have guarantee •+f y ,
maintained. the State would deduct costs
Councilman Stredicke noted the City
over suaca_. M0 CARR_1L0 .�-----
- The
Utilities Con) ittee report rec::mnended Council concur with v e
Utilities_ ride sewer servile to Vantage Point Condo
-
Public Public Works Department and rccept the easement flan Puget owe
entage oint which is needed to p'
miichns by installation of sewer +vain rcm NE 5Th andBronson
sewer
woy and ue
4 Condominiums to itpnS b Insate, NL 4th and Lakeview Ave. HE. The new sewer would 6
t Sewer Service the MA or and City
be guilt within The report also�hecolnmeeded)MOVED BYaPER v, SECO'iJ
I the easement. r the easement.
i C'erk be authorized to sig
INANE, COUNCIL CONCUR IN COMMITTEE REPORT. CARkI'_
ORDINANCES AND RESOLUTIONS
committee
and Means Committee Chairman Stredicke presented
ways and Means Way' s 11/13/78:
_Y wr report recoaxnending second and final readings of the following
Cxamincr's
Cortmttte_e__Re or,, ordina+,ces which had been on f .rst Hearing rang in event of
An ordinance vies read extendingttimesf0o 30 days
Ordinance xT 1 decision from date of hearingSEE ;i. $TPED:CKi
Hearing Exam +er unusual circumstances. MOVED 6Y STREDSCKE. ONO PERRY.
COUNCIL
Time Extension NCE_AS READ• ROLL CAL'-; a AYE:
ADOPT THE .0R41IU1
n
j INTER-')FFI CE MEM•
UATE : Q�)j
!
n MaYaz
TO:
Hcnora3le Charles
t
1` rk T'JR
FROM: Uel .Mnrd=-_C_.Y'�-- gGREEMENT EASEMENT
VANTAGE poiNT CONDOMINIUMS SEWER SERVICE:
C1'.y Attor"e1'
have t: •n approved byyn de return w the
The attached r' 11
doeumentlexet.utrcj , Please .LQn
and are r w retf'..fofor further {,rncesaf.ng• RCC�iYIC.D
! c,,ty a R
NCIV n 1818
C'.;1' Of R1:ilt)il
Ri n,ngS C� iLE
n
Y
n
'Denton City Council
11120/78 Page 2 Council- CC.
on inquiry by
Old Business Continued explained that upon
SECOND CLYMER• COUNCIL CONCUR IN REPORT. UV
Right-of-Way woman Thorpe, Bible for maintenance r d if not
Pub Works Dire for Gonnason
' Tcrnback tu,nback the City would be reedLc
would then hove guarantee of
maintained. the State wou1J deduct costs from gas tax un _.
Councilman StredickeCARRIEDted ihe ity
open space. M0T_.l0ti ,._ . .., . _ .� r with the 1
report recommended CouncfYn'°�u9et power
"y The Utilities Committee r-P the easement x
Uti_ 1 ?5- Public Works Department and accept and Bronson Way
Ca Point which is needed to prev ide sewer service to Vantage Point ion r
van age
m ;nium% by installation of sewer mein from E >th requir'
Condominium mately NE 4th and Lakeview Ave. NE. The ney an w sewer woul°
to aPPr —' _ CECE O%
Sewer Se`'v`Ce T a report also recommended that the Ma or and Cit}
ffl
be built. wit, Puget report
a the eas.met:totriMOVED BYaPERRY',
the easement. t e ea
COUNCIL CONCUR IN COMHI REnGRT• CARRIED.
Clerk be authorized to si9
resented L°mmittee
ORDiNANCCS ANO RESOLUTIONS f the followinc
Wks and Means Ways and Means Committee Chairman Strre�din s 13,78i
Committee Re ort report recommending second and fine fo He ring Examiner's
ordinances which had readbextendingrtt readings / in event of
An ordinance was •,4 days to 30 days
(rdi___nance p3262 decision from date of hearing ;-AVE: CLYMER, STREC.-
Hearirg Exam Der unusual circmrstances. MOVED ROLLTCAl1ekE; SECOND PERRY, COUNCIL
Time Extensian ONE N0: SHANE. MOTION CARRIED•
pp0pT THE ORDINANCE A5 REAC.
THORPE, PERRY; 0
the zoning classificati°� obetween
Ordinance_ 03263 An ordinance was read changing left the Chambers
_ l located on the west side of CedarAve,
PIOATth St. Councilman Clymeact on regarding this
phase and
S.°6th Sttoand 5. discussion or any SHANE.
end took co part in any ROLL rAIL: ALL AYE5: h tubers.
READ. 'Clymer returned to C .a
Matter due
THrflicORD of
Yest MOVED BY PERRY• SECOND THAN
Ci ;nRRIED. ,
STREOICKE, THORPE AND PERRY.
the zoning clasC 4tha't. adJ�Entto
read charming Guth of NE Mobile Home
Ordinance d32..4 An ordinance was L inure Estates
Trailer P, T for property locate _
�tneY�PZone to Union Ave. `_E end the existing ADOPT THE
Park. icke n KE, SECOND SHANE.,IREDICKE,
R-119-78 Committee Chairman Stredicke noEC E signeSMA'4Etrictise cov
ants were received. MOVED BY S
ORDNANCE AS READ. ROl1 CALL:
5 AYE: i ,n of a..
lmot" E AND PFRRY. CAPRIED.
The Ways and Means Committee
recommended readi��25gd ahoD
Ordinance k3265 372 to $3,172 Per 51,000 air en w1
' 197g Amendatory ordinance amendinu the 1om $3. Budget Ordilaan onsias revu r SECOND
amount of taxation bn edEon 106 call u NAVED BY STREDI,KE,
Budget Ordinance first reading, SECOND AND r1NAt
maximum 191411eYFcllow{ng SECOND
b3,260,727.2 AND ADVANCE ORDINANCEV�p BV S�REDICKF,
THORPE, SUSPEND RULES
rollowinq readings• 4-AYE: CLYMER.
CAPRIED• NANCE AS READ. POLL CALL :
READING-AppPT THE. OPERRY; A ,. MOTION CAPRIED.
CLYMER, ONF N0: 5r F THE $gg+460.21
SIYM(a CKE, HORPE, PERRY
THOF.PE • THA' THE MATT R 0 IT, OF THE.
MOV!'.D CK STREDI(KE, - IO THE COMt!,•... ---
GRANTED BY THIS COUNCIL ACTION 6LCRARRIEDED
WHOLE. rOR RUDGEI 0 LiBERAT10N5.
.� 78) t.aving wid'.
ended first reeding of an
wrtion of S. 7th St. (VAC 3-
Street Vocation The Nays end Means Committee rpCtlmm
South 1th St. ordinance vacating a I
• Y
T
F
OF RE;t.
O
OFFICE OF THE CITY ATTORNEY RENTON ,VASHINGTON
V � � WLf a{�a {]i IOO lM { wlMiOt,wl.SnWti1GX
tr•nwXs• CANIEL KELLOGC], •ess*{+]+ aiv •Ha,X{v
s ji LAWRENCE J,WARREN. a ■
0 a November 7 , 1976 i!
(P h
�q�TEo sEP` MEMORANDUM
G
E
T0:
DAVE R. TIBBOT, Utilities Engineering
FROM: LAWRENCE J . W.,RREN, City Attorney
RE:
Easement from Puget Power for sewer main to serve
Vantage Point condominium
i
to
'•
I have revie: ed the proposed casement and find
reviouslymethe
be in acceptable legal form. As mentioned p
close account of
City+ s responsibilities under the easement are numerous an
fairly burdensor.:e. The Citv should '<eep
its activities under the terms of this easement so as not to
breach the easement.
Lawrence J . Warren
1
4 LJW`ds Planning Department Mayor , Council Pres.
cc Mike Smith,
... .. .. . » ,•i.f ut � , ,. _ �._ Lam.
I y-
lY
Nov.tuber 2. 1978
• 2ENTON CITY COUNCIL REPORT
iMITIES COMnITTEE
;U+.J ECi: VANTAGE POINT CONDO'
SEWER EASEMENT PROM PUGET
POWER
r
nittee that the Curl Council
Works tep'rtment and accept
of the Utilities Can Clerk to
re conmenda U o°eport of the Public the Mayor and City
it is the authorize
he attached Power acd
concur in t fran Puget
the easemehte City
sign for
Charles Shane, Chairman
mmmm
7 hom�� i
Ge a Per, j,
pmp Director
c. �
c Public Works
A ttach�nent
1
Ut nH '• ly • I I ! '
� ,t f t• D 11,. 1. • r� :i
• 1 L, • � i, • .f. t• S „
Y..� , M q N . Ia • • • t• •
• Y'• • � • if 1 Y_.
r i
!
• • t y Htli f t •`. a r 1 _
uuq , ' 1 ! a • H 1. ';fit 9 ' 1
a• • r � _ o • _A y • a • y » ti
f•
n • n ! i • ;
• a\ 1
\ :F y,t ` ) •,• n nr_. e) ttl Li W» t ' �•!• r 'r'L
i 1 • • - ,•e r 'L �
1L t • • uu „� ,. 1 � �i.t. .•�• L) • R •
1 •t 1 ! ♦ f �-- L � w �
M1 • a '
\
N
\ $TA7E SHOPS
M1 " ' vkl V A
♦� FZ�'
L t JBLIC WC iKs DEPAR MENl
DIRE:TOR
WA RE C (;GNNASr'N• E
Nw.� ggo5S 206 235 2569
_ 0 200 MI L1 RENTON
MUNICIPAL BJILC LNG
n
p b
O,P4rED SE Oil, Nc •rv.ber 2. I 8
CHARLES .I DELAURENTI
MA` JR
Honorable Chat Je} Dye GCunCI LI mayor
Nembe, of zhe
C dulnir�ums
SubjeCt: `.anlage Port ,
=ounci ? Nembe•s:
Dear H:yur )elaurent' Inc
servi :e rC er Y t e levelOpk Br( s must
this P e NE +th and Br( , t May
To provide sewer ,..-�,, approx.matel• >n the
�awor swain Nc as shov.��
install a NE 4t^ J Lake\ 'ew A
roxi,,ataly port, .f Lhiy •Iew Sear ill be b�' t within
w aPP . IJ t erelore - wires an
attached nI:'>. A P i hVul-way
Puget Power 's Shaft le ur g
easement. �.� City of
_e granting a' eas.-ment font at no cost
Puget Poa Ir is agreeable ;raf ease+ne
Renton and the
develOPer .Is secured a
to the CIV L Departnw' I that this
,f he uubl is -<�r , and that
It is the ecunxnendat•oa , .ewer %Yslc
is a rational .ddit un to to C ,ni itY Clerk oe authori,ced
sewer acceP• ed �d the mayor
the easement be
to sign it .y my yours
Gonros, I, P.E.
.1 Jurks Di` .tor
DT:PmP
Em
i
d
v
pv;,f_fC �','i7RKS DEPARTMENT
i r DIRECTOR
�i)NNA gc1N, 18055 206 1J5-2569
\`I W;.t+tlrN RE NT 014 WA
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