Loading...
HomeMy WebLinkAboutWTR2700644(1) W-644 Addition BEGINNING OF FILE OF R"' 4 t o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 n L g BARBARA Y. SHINPOCH, MAYOR • DELORES A. MEAD 0A e CITY CLERK • (206) 235-2500 %%�rEC StPtE0.Q q December 1, 1981 Puget Sound Power b Light Company Puget Power Building Bellevue, WA 98009 ATTNt Mr. Ted Thompson RE: Easement 20-21-5 Renton Hillside Property Dear Mr. Thompson: Pursuant to your letter dated November 3, 1981, we forward three copies of the above-referenced easement signed by City of Renton Officials. Please return one fully-executed copy for our records. Thank you for your courtesies in this matter. Very truly yours, CITY OF RENTON Delores A. Mead, C.M.C. City Clerk DAM:db ENC: 3 OF RF 1 OFFICE OF THE CITY ATTORNEY • RENTON.WASHINGTON U T �Os�OciCC p,aaa �W ia aC«ya ew�wrvf, • x«*C«.wasw«GO« 9•oss xs9-•V• n LAW PENCE I WARREN, L-1. •11u«a• DANIEL KELLOGG, ssaian* m1 an owns. P� November 16, 1981 SUSAN R IRWIN. .sysan, oi..i+ww• 11�e SEPS EMO� TO: Ron Olsen, Utility Engineer FROM: Lawrence J . Warren, City Attorney RE: Puget Power Agreemert for Easement for Water ; 1peline Dear Ron: I have reviewed the agreement as presented to me. Typically, Puget Power has written an agreement that is so over- whelmingly one-sided that I recommend rejection of the agreement unless it is absolutely necessary for the City to obtain this easement . Throughout the document is scattered references to requirements of Puget, which Puget shall reasonably deem necessary, at the discretion of Puget, etc. What this means , is that we will be at the whim of Puget Power in a number of instances . You should also be aware that the document provides that we give Puget at least six months prior notice to any scheduled corstruction activity under this easement and that we give thirty days advance written notice if we intend to do any repair or maintenance activities. Those are very long time lines . I also find it objectionable that under paragraph 10, Puget is going to try and charge the City for inspectors for work being done on layir.g a simple water pipeline. This wouli be like writing a blank check. Also, paragraph 11 starts off without a full sentence , but if I read the paragraph as it was intended, I bel-_eve it states that the City is obligating itself to potential further relocation of lines , or expense. Finally, Puget, through paragraph 16, seeks to protect itself from its own acts and omissions that affects City, s employees or contractors That paragrapt, also appears to be over-reaching. To summarize, if you really have to have this easement, and you are willing to accept it under almost Any conditions, then this document may be acceptable. If there is another way we can go without greater expense and trouble, then we should not accept this document . If you have any further questions, please feel free to contact me. n Lawrence J. Warren LJW:nd CC: Mayor i I N T E R OF F I L E C 0 H R E S P 0 N D E .N C E Date November 20, 1981 TO: City Clerks Office FROM: Ronald L. Olsen, Utility SUBJECT: Easement Enclosed please find water pipeline ensements. Please execute and forward to Mayors Office. /�UGET POAVAER November 3, 1981 Ron L. Olsen Public Water Department City of Renton Municipal Building 200 Mill Avenue So. Renton, Washington 98055 Dear Mr. Olsen: EASEMENT 20-23-5 RENTON HILLSIDE ?ROPERTY Enclosed are four (d) copies of a proposed easement requested by you. If fully executed and approved by Puget, the easement will allow you to utilize the property noted above for an existing water line. Please sign and return to Puget, in the enclosed self-addressed envelope, three (3) copies of the signed easement. Very truly yours, ,-/ JL.r+.— Ted Thompson Real Estate Department lw Enclosures Duq" Saind kN r&Lgnt Cm o/ agct kn Budd ng Belkwe.V9ynrgtp r8000 (400 454 O} R� ., aT t 7 PUBLIC WORKS DEPARTMENT Q ' s" RICHARD C HCUGHTON 4 DIRECTOR 0 R� MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 °oq �v-' 206 235-2569 9TEn SEP1FM0 BARBARA Y. SHINPOCH November 20, 1981 MAYOR � N TO: Mayor Sninpoch FROM: Richard Houghton t UBJECT: Memo Larry Warren-dSTed November 16, 1981 Puget Power Easement in the Thunderhill Apartment Area This particular easement is to cover a water main that was installed in 1968. This main was just recently turned over to complete a looped water system in this area. It was supposed to be all on , gate property, but when the as-built drawings were completed it was found to be partially located on Puget's property. It was decided to have it covered by easement. Most of the terms of the easement will not affect us. We have to live with the rest this time. RLO: 1 pUGET AROAKFAV AGREEMENT FOR EASEMENT FOR WATER PIPELINE THIS AGREEMENT made this day of , 1981 between PUGET SOUND POWER a LIGHT COMPANY, a'Washington corpora- tion, ("Puget" herein) , and the CITY OF RENTON, a municipality ( "Grantee" herein). WHEREAS, Puget is the owner of a strip of land three hundred and fifty (350) feet in width and running generally Northwesterly and Southwesterly through the Northwest 1/4 of the Southwest 1/4 of Section 20, Township 23 North, Range 5 East, W.M. , King County, Washington; which is operating property for transmission line right of way. WHEREAS, Grantee desires an easement for a water pipeline across Puget's Right of Way at a location more specifically des- cribed herein below; NOW THEREFORE, in consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, Puget hereby grants, conveys and quitclaims to Grantee i.he following easement: A. A nonexclusive perpetual easement across, along, in, upon and under that portioci of 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 water pipeline, with all connections and underground appurtenances thereto (herein the "Water 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" in this instrument refer to the easement on the property described in Exhibit "A" . This eas-ment is granted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. 1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses for maintenance of the Water Line. 2. Compliance With Laws and Rules. The Grantee shall maintain and use the Water Line in accordance with the require- ments of Puget, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. 3. Use of the Right of W ay by Puget. Grantee' s rights herein shall at all times be subordinate to such rights of Puget as are necessary to preserve and maintain the capabilities of Puget's Right of Way to be used for electric utility purposes, and nothing herein contained shall prevent or preclude 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 Water Line, for loss or injury resulting from any damage or destruction of the water Line m directly or indirectly caused by Puget' s existing or future use of Puget's Right of Way. 4, Required Prior No[ice and A royal of Plans and P S ecifica[ions. Prior to any a teration, replacement or removal or the Water 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 the final plans and specifications therefor shall include provisions for the protection of Puget' s facilities, the prevention of hazardous conditions and minimum interruption to Puget's utility opera- tions. No such ,.:tivity shall be commenced without Puget' s prior written approval of the plans and specifications therefor and all changes or amendments thereto, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, in the event of any emergency requiring immediate action by Grantee for protection of the Water Line, persons or property, Grantee may take such action upon such notice to Puget as is reasonable under the circumstances. Nothing herein shall be deemed to impose any duty of obliga- tion on Puget 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 spe- cifications approved by Puget. 5. Grantee's Use and Activities. Grantee shall exercise its rights under thas 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 inter- fere with, obstruct or endanger Puget' s operations or facilitief Grantee shall conduct any of its substantial activities on Puget' s Right of Way as may be communicated to Grantee by Puget for the purpose of protecting Puget's facilities, preventing hazardous conditions and minimizing interruptions to Puget's utility operations. 6. Coordination of Activities. Grantee .hall give at least 30 days advancewritten notice of the proposed dales of its 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 as Puget may from time to time designate. Grantee shall cooperate in the revision of such dates and/or the coordination of its activities with those of Puget' s if deemed necessary by Puget to minimize conflicts, insure protection to each party,,- facilities, prevent hazardous conditions, or minimize interruption of Puget' s opera- tions. Provided, however, that in the event of an emergency requiring 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 !.s reasonable under the circumstances. 7. Work Standards. All work to be performed by Grantee on Puget' s Rig�Ft o way 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, nothing herein shall be deemed to impose a duty or obligation on Puget with respect to the suffici- ency thereof. Without 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 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 -2- ce-establish destroyed survey references and hubs established by Puget in conjunction with any survey for new facilities on Puget' s Right of Way. B. Changes and Repair too Put et Facilities. Grantee shall prompt y pay to Puget the cs of any relocation, altera- tion, restoration and other changes or repairs to Puget' s facili- ties which Puget shall reasonably deem necessary by reason of the use and maintenance of the Water Line or other activities of Grantee on Puget's property. Without limitation to the foregoing , Grantee shall promptly pay to Puget the cost of temporary raising of wires and the realignment or strengtheninn of power poles or towers made necessary by Grantee' 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 tran- sportation of men, material , and equipment, storage expense of material and rental of equipment. 9. Access. The Grantee shall maintain and use its Water Line in suc shion as to permit reasonable and continuous access along Puget's Right of Way in all directions, and in such fashion as to accommodate and support vehicular travel over and across the Water Line, including travel by cranes and trucks with heavy loads. Grantee shall at all times keep Puget' s Right of Way free and clear of all obstructions and equipment. 1" Inspectors. Puget shall appoint one or several Puget representatives who shall serve as inspectors to oversee all work to be performed by Grantee on Puget's Right 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 presence of such inspector or inspectors. Grantee and Grantee' s contractors shall promptly and fully comply with all orders and directions of Puget' s inspectors, including without limitation, cessation of work, and Grantee's construction con- tracts shall so provide. Grantee shall promptly pay Puget' s charge for such inspectors. 11. Conflict With Future Installations of Puget. In the event that it soul become necessary or Puget to install vidi- tional electric utility facilities or otherwise use Puget's Right of Way and if, in the sole judgment of Puget, the location, ex- istence and use of the Water Line interferes with such instal- lation or use to the extent that it is impracticable or substan- tially more expensive to accomplish such installation or use, or that such installation or use may pose a hazard because of the location, existence or use of the Water Line. Grantee shall have the obligation to either, in Grantee' s sole discretion, ( a) pro- tect, modify or relocate the Water Line at the cost and expense of Grantee, so as to remove the interference or hazard to Puget' s satisfaction, or (b) to reimburse Puget for its added costs of design, construction and installation 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 interfer- ence 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 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 Water -3- Line, or (b) reimburse Puget for its said added ts. If Grantee elects to protect, modify or relocate the Water Line it shall commence work promptly and diligently prosecute 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 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 work as contemplated herein, Puget may, at its option, undertake such work on behalf of Grantee as Puget deems necessary pursuant 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 8 herein. 12. Termination for Breach. In the event Grange breaches or fails to perform or observe any of the terms and conditi-ins 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 circumstances, Puget may terminate Grantee' s rights under this Agreement in addition to and not in limitation of eny 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. 13. Termination for Cessation of Use. In the event Grantee ceases to use the Water Line for a perio3of five (5) successive years, this Agreement and all Grantee' s rights hereundc , shall terminate and revert to Puget. 16. Release of Water Line on Termination. No termination of this Agreement shall release Grantee rom any liability or obligation with respect to any matter occurring prior to such termination. 15. Third Pa h�ts. Puget reserves all rights with respect to I'ts rope— rty�uding , witnoat limitation, the right to grant Easemio•s, licenses and permits to other subject to the rights granted in this Agreement. 16. Release and Indemni . Grantee does hereby release , indemnify and promise to defen and save harmless Puget frosa and 1 against any and all liabV itv, loss, cost, damage, 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 rights granted herein, or (2) acts and emissions of Puget in its use of the Right of Way which will affect Grantee' s employees, agents, contractors, and other parties benefiting from said Water Line; provided , however, this paragraph does not purport to indemnify Puget against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Puget or Puget' s agents or f -iployees. 17. Insurance. Prior to Grantee' s substantial activities on Puget's Riglit Z Way under the rights provided herein, Grantee shall submit to Puget evidence that Grantee or Grantee' s contractors has ootained comprehensive general liability coverrje ( including broad form contractual liability coverage) satisfac- tory to Puget with limits no less than the following. -4- 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 Puget' s Certificate of Insurance standard form (which form Puget shall provid— a 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. 18. Taxes. Grantee shall promptly pay or reimburse Puget for any ta7x_es_1evied as a result of this Agreement or relating to the Grantee' s improvements constructed pursuant to this Agree- ment. 19. Title. The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Puget affecting the property subject to this agreeoent. Puget does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 20. Notices. Unless otherwise provided herein, notices required to Fe in writing under this Agreement shall be given as follows: If to Puget: Puget Sound Power 6 Light Company Real Estate Division Puget Power Building Bellevue, Washington 98009 If to Grantee: City of Renton Public Works Department Municipal Building 200 Mill Avenue South Renton, Washington 98055 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States Mail, postage prepaid , certified or registered mail , return receipt requested, or upor. delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 21. Assignment. Grantee shall not assign its rights hereunder. No assignment of the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or lia- bilities of Grantee herein, whether by operation of law or otherwise, shall be valid without the prior written consent of P Puget. 22. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 23. Lia_bil�ity. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. 24. Existing Underground Line. Grantee is made aware of an existing 12.5 kV underground power line which lies close to the existing water line. -5- EXFCUTED as of the date hereinabove set forth. ACCEPTED: CITYY OF RENTON PUGET SOUND POWER 6 LIGHT COMPANY ' By UX64.RWj_. By Mavor Director Rea Estate Attest:�jl�ie Z� 1 � City Clerk STATE OF WASHINGTON ) SS. COUNTY OF KING ) On this day of 1981, before me, the undersigned, personally appearedd WILLIAM K. ARTHUR, to me known to be the DIRECTOR REAL ESTATE of PUGET SOUND POWER S LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and vo.'.untary 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. f f Notary Public in and fo, the State of Washington, residing at STATE OF WASHINGTON ) SS. COUNTY OF KING ) On this +nth day of November , 1981, before me, the undersigned , personally appeare ar ra Y. shinpoch and :x;Lores A. Mcad , to me known to be the Mayor and City Clerk of City o Renton the corporation that executed the foregoing in- strument, 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. i WITNESS my hand and official seal hereto affixed the day and year ,above written. \ Notary Pub c n and for the Sta e k of Washington, residing at King County -6- Pn9� I of 1 EXHIBIT "A" Legal Description An easement on and under that portion of the Puget Sound Power & Light Company fee-owned right of way that is 7-1/2 feet on both sides of the three following described lines: Beginning at the Northwest corner of the Southwest quarter of Section 20, Township 23 North, Range 5 East, W.V. ; thence North 89*10120" East along the North line thereof a distance of 344.88 feet to a point on the northeasterly margin of : 3nson Road. Thence South 16*16156" East along the northeasterly margin of said road a distance of 489.37 feet to a point on the southwesterly margin of Bonneville Power Administration 's right-of-way as recorded under Auditor's File No. 3292927 and No. 3241106; thence South 42035'54" East along said margin a distance of 795.12 feet to the True Point of Beginning, herein referred to as point "R". 1. Thence North 59°3215f East a distance of 9.57 feet to Point "W"; thence North 87008'04" East a distance of 20.85 feet to Point "X"; thence North 87008104" East a distance of 18.00 feet to Point "Y"; thence South 14*01141" East a distance of 69.81 feet to Point "Z thence South 14000117" East a distance of 13.22 feet to Point "T"; which is a point on the above described southwesterly margin of Puget Sound Power & Light Company fee-owned right-of-Hay which bears South 42035154" East a distance of 98.38 feet from the T.P.O.B. 2. Together with the following described: Beginning at the above described Point "X"; thence North 15°26'56" West a distance of 17.12 feet to Point "X1" and end. 3. Together with the following described: Beginning at the above described Point "Z"; thence South 75°56'40" West a distance of 7.21 feet, more or less, to Point "S: which is a point on the southwesterly margin of the Puget Sound Power & Light Company fee-owned right-of-way which bears South 42035'54" East a distance of 83.83 feet from T.P.O.B. • LAH1817 A P.fc 2.x 0 ly �►,o WATER LINE EASEMENT—THUNDERHILLS APTS . l •3�� g _. - N. l �, 89\p� 2pn l m � f• T EAST �l V 1j4 rpRNfR' / N.1/4 CORNER OF ,(! SECT. 20. TOWN- SHIP 23 N.. RANGE , S E.M.M. ( IN CITY OF RENTON SINS CO. WN.) e F+ 01 0% O� a m B.P.A. R.O.N. m s , m y U+ 2 s � No 17.12' _ lop W N.59•32139•E.9.57' N.t7•UB'04•E. H y� z18.00* F xl 4 'I LOCATION OF ESMT. 7,51.i. CONTAINING EXISTING .14001141•E. 6• CAST IRON WATER LINE.' n ,,1 59.81' S.7$• 56140• N. 7.21' -4 I P i Oy` � •� t �S• 3.14.00'17•E. ' 13.?2' 0` ? � TNUNDERHILIb APTS. SITE T � O 79is C '� PARCEL 140 7 .rF�, R�CiSILa� SJ�p �phAl LAH�g/� SCALE+ 10 . 40' PROPERTY LINES. ' PREPARED BYs YUML AND ASSOCIATES. M. I.. !6. s WATER LINE L ESAIT. LOCATION DETERMINE F'RON SURVEY SURFACE EVIDENT LOCATION 0 VALVES L HYDRANT TOGETWER WITH LOCATION bF BURIED LINE SUPPLIED BY OTHER JP{JARE� ENDING OF FILE FILE TITLE w4mm aaaalo �,