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Home My WebLink AboutE 20141224000328 _�� , . : 20141224000328 CITY OF RENTON EAS 78.00 PAGE-001 OF 007 12/24/2014 09:27 RETURN ADDRESS: KING COUNTY, WA CITY OF RENTON EXCISE fiAX N4"i �'�,Qt)`II�Ei) City Clerk Division I055 South Grady Way, Suite 728 Refer to pr�vious.A�:� �, '�' �! Renton, WA 98057 BY _, � .,_ � �� EASEMENT. REFERENCE#: GRANTOR: City of Renton, a Municipal Corporation GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of NE 1/4 of Sec. 18,Twp. 23 North, Rng.05 East,W.M. ASSESSOR'S PROPERTY TAX PARCEL: 072305-9007 For and in consideration of One Dollar($1.00)and other valuable consideration in hand paid, CITY OF RENTON, a Municipal Corporation ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein after referred to as "PSE"), for the purposes hereinafter set forth, a nonexclusive perpetual easement, unless abandoned as defined below and subject to limitations set out herein, over, under, along, across, and through the following described real property ("Property" herein) in King County, W ashington: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised only upon that portion of the Property("Easement Area"herein)described as follows: SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A DIAGRAM DEPICTING THE LOCATION OF THE EASEMENT AREA IS ATTACHED HERETO AS EXHIBIT"C"AND BY THIS REFERENCE MADE A PART HEREOF 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Overhead facilities. A sinqle pole no more than 65 feet in heiqht and other support structures with crossarms, �ases; guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for communications; transformers, �*�^^�,�; meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Underground facilities. Conduits, lines,cables,vaults, ��•^��and transformers for electricity;fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads,�T meters, flxtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. BOEING RENTON SECOND PRIMARY FEED OH&UG ELECTRIC WO#101073734/RW-081332 r � Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. In all cases, other than_emergencies, PSE shall qive Grantor reasonable prior notice of PSE's intent to exercise its access r�hts hereunder. In emerqencies, PSE shall notifv Grantor of its entrv upon the Propertv as soon as reasonablv possible. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush,trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of inerchantable timber(if any)cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair, extension, or Abandonment of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surFaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify and hold harmless Owner, its agents and officials from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Abandonment. The rights herein granted shall continue until such time as PSE ceases to use the easement area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Owner; provided, however,that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 8. Limitations. 8.1 Due to the proximity of the Easement Area to the Grantor's Compas Rose (with possible electromagnetic disturbances and negative impact on the Compas Rose). PSE shall not have unrestricted access to the Easement Area except in cases of emergencies. Any proposed change to the use or disturbance of the ground in the Easement Area shall only be accomplished with approval of the owner. Such approval will not be unreasonable withheld. 8.2 PSE, or its agents, shall within 10 minutes of notice, move any movable piece of equipment that affects the Compas Rose when requested by Airport staff. 8.3 Due to the proximity of the Easement Area to the US Army Corps of Engineers Section 205 Cedar River at Renton Flood Damage Reduction Project, PSE shall not have unrestricted use or access to any underground facilities except in cases of emergencies. Any proposed change to the use or other BOEING RENTON SECOND PRIMARY FEED OH&UG ELECTRIC WO#101073734/RW-081332 Page 2 of 7 r ' disturbance of the ground in the Easement Area shall only be accomplished following approval of the Owner and any state or federal agencies that have jurisdiction. 9. Compliance with Laws. PSE shall at all times exercise its rights herein in accordance with the requirements of any public authority having jurisdiction over Grantee or its operations, and all applicable statutes, orders, rules and regulations, including all applicable environmental laws, permit and approval requirements, and commercially reasonable construction and operation practices. 10. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and underthis easement. Without limiting the generality of the foregoing,the rights and obligations of the parties shall be binding upon their respective successors and assigns. DATED this��day of ,2014. GRANTOR: City of R ton, a Munici I Corporation ��u��N��u��//l,y� , ��'pF REIyT�,,�� r �� ti�'� BY: 3 � � � Denis La , Mayo �* �� *� ATTEST• - _ � ` •Jas n A. eth, City Clerk �� ,�;�� ,� �� ;~� STATE OF WASHINGTON ) f��`�'q� � � SS ��'lltntllC��,�,�n,o�`�``'. COUNTY OF��_ ) On this�day of � ��_,�`.�,r" , 2014, before me, the undersigned, a No Public in and for the State of Washington, duly commissioned and sworn, personally appeared ��v r,�`� l ��..AA.J , to me known to be the person(s) who signed as , of City of Renton, the unicipal Corporation that executed the within and foreg g instrument, and acknowledged said instrument to be�free and voluntary act and deed and the free and voluntary act and deed of said for the uses and purposes therein mentioned; and on oath stated that�Q_was authorized to execute the said instrument on behalf of said Municipal Corporation. IN WITNESS WHEREOF I have hereun set my hand an fficia al the day and yearfirst above written. � \`\��\\\�\11�� R.�soy ��, �� _��`��..�.�a�„��q �/� (Si natu Of No ) : 2:`g�pN EXpj�i��i, ��/ � � � �C?w g p�ARy F�4� � � u C%t_ G � -,� � � ,. . Z �,Drin or tamp name of Notary) � �O r i ;� �v r � � � �.,� AUt1��4�ti= C9 �OTAR7Y��RUBLIC in and fo the�State of Washington, residing �/��`tS��,,�y��$��,��.P��,�'�t ��.,� �-��..�"'` ly� �� My Appointment Expires: �)��I�,�� i �t�F�P� � �ii\1\\\\\�� Notary seat,teut and all notations must be inside 1"margins BOEING RENTON SECOND PRIMARY FEED OH&UG ELECTRIC WO#101073734/RW-081332 Page 3 of 7 EXHIBIT "A" PORTIONS OF SECTION 7 AND 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE INNER HARBOR LINE OF LAKE WASHINGTON AS SHOWN UPON SHEET#26 OF THE PLAT OF LAKE WASHINGTON SHORE LANDS SURVEY 1921, AS SAID PLAT WAS FILED WITH THE AUDITOR OF KING COUNTY, WASHINGTON, SEPTEMBER 19, 1921 UNDER RECORDING NUMBER 1552504 WHICH POINT BEARS NORTH 35° 00'WEST 92.62 FEET FROM THE ANGLE POINT IN SAID INNER HARBOR LINE DESCRIBED "862" ON SAID PLAT; THENCE SOUTH 35°00' 00" EAST ALONG SAID INNER HARBOR LINE, 92.62 FEET TO SAID ANGLE POINT; THENCE EAST ALONG SAID INNER HARBOR LINE 403.70 FEET; THENCE SOUTH 13° 53'28" EAST 924.67 FT; THENCE SOUTH 76° 06' 82"WEST 50.00 FEET; THENCE SOUTH 13° 53'28" EAST 318.15 FEET; THENCE SOUTH 14° 08'28" EAST 3,239.00 FEET; THENCE SOUTH 15° 12' 50" EAST 99.52 FEET; THENCE SOUTH 18° 16'25" EAST 100.01 FEET; THENCE SOUTH 21° 39'45" EAST 100.45 FEFT; THENCE SOUTH 24°31' 35" EAST 104.68 FEET; THENCE SOUTH 28° 13'20" FAST 100.79 FEET; THENCE SOUTH 31° 11'40" EAST 100.27 FEET; THENCE SOUTH 34' 18'30" EAST 100.02 FEET; THENCE SOUTH 37° 14' 05" EAST 104:05 FEET; THENCE SOUTH 40°03' 10" EAST 100.33 FEET; THENCE SOUTH 42° 53'30" EAST 100,87 FEET; THENCE SOUTH 45° 39' 20" EAST 101.62 FEET TO A POINT ON A LINE WHICH IS A PRODUCTION NORTHERLY OF THE EAST LINE OF LOT 23, BLOCK 4 RENTON REAL ESTATE CO.'S 1ST ADDITION TO RENTON; THENCE SOUTH 00° 31'47"WEST, ALONG SAID PRODUCED LINE AND THE EAST LINE OF LOTS 25 AND 18, BLOCK 4 OF SAID PLAT, 254.62 FEET TO THE INTERSECTION OF THE NORTH LINE OF DIXIE AVENUE AS NOW LOCATED AND ESTABLISHED WITHIN THE EAST LINE OF LOT 18, BLOGK 4 OF SAID ADDITION; THENCE ALONG THE NORTH LINE OF SAID DIXIE AVENUE, NORTH 88°34'43"WEST, 1,486.84 FEET TO THE WEST LINE OF LAKE STREET; THENCE NORTH 00°31'47' EAST, ALONG SAID WEST LINE, 10.00 FEET; THENCE NORTH 88° 34'43"WEST, ALONG THE NORTH LINE OF SAID DIXIE AVENUE, 225.49 FEET TO AN ANGLE POINT IN SAID LINE; THENCE NORTH 71°29' 12"WEST,ALONG SAID NORTH LINE, 152.58 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF PRIMARY STATE HIGHWAY#5 AS NOW FIXED AND ESTABLISHED; THENCE NORTHERLY, ALONG SAID RIGHT OF WAY LINE, FOLLOW THE TANGENT AND CURVING COURSES THEREOF TO AN INTERSECTION WITH A LINE WHICH IS 5 FEET SOUTH OF AND PARALLEL TO THE LINE BETWEEN LOTS 7 AND 8, BLOCK 18 OF THE PLAT OF BRYN MAWR, KING COUNTY,WASHINGTON, PRODUCED EASTERLY,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 58, IN KING COUNTY,WASHINGTON; THENCE SOUTH 88°27' 28" EAST, ALONG SAID PARALLEL LINE, 89.23 FEET TO A POINT WHICH IS 540,00 FEET WEST, MEASURED ALONG SAID PARALLEL LINE, FROM THE WEST LINE Exhibit"A" Continued BOEING RENTON SECOND PRIMARY FEED OH&UG ELECTRIC WO#101073734/RW-081332 Page 4 of 7 Exhibit"A" Continued OF BLACK RIVER WATERWAY AS SHOWN UPON SHEET#5 PREPARED BY UDO HESSE, COURT COMMISSIONER, AND FILED IN KING COUNTY SUPERIOR COURT CAUSE#156371; THENCE NORTH 05° 16' 51" EAST, 438.90 FEET TO AN INTERSECTION WITH A LINE WHICH IS 2 FEET SOUTH OF AND PARALLEL TO THE LINE BETWEEN LOTS 1 AND 2, BLOCK 17 OF SAID PLAT OF BRYN MAWR, PRODUCED EASTERLY, SAID POINT OF INTERSECTION BEING 520.00 FEET WEST, MEASURED ALONG SAID PARALLEL LINE OF THE WEST LINE OF SAID WATERWAY; THENCE NORTH 40° 09'47" EAST, 188.55 FEET; THENCE NORTH 60.00 FEET; THENCE NORTH 29°00'40"WEST, 197.07 FEET TO A POINT ON A LINE WHICH IS 300 FEET NORTH, MEASURED AT RIGHT ANGLES, THERETO, OF AND PARALLEL TO THE NORTH LINE OF BOWLING STREET(FORMERLY EMERSON AVENUE) PRODUCED EASTERLY; THENCE SOUTH 88°27'28" EAST, ALONG SAID PARALLEL LINE, 355.00 FEET TO THE POINT OF BEGINNING. ALSO THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 7,TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KINS COUNTY,WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON INNER HARBOR LINE OF LAKE WASHINGTON AT AN ANGLE POINT DESIGNATED "862"ON PAGE 26 OF LAKE WASHINGTON SHORE LANDS, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 19, 1921 UNDER RECORDING NUMBER 1552504, RECORDS OF KING COUNTY,WASHINGTON; THENCE NORTH 35°00' 00"WEST,ALONG SAID INNER HARBOR LINE, 92.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 35° 00' 00"WEST, ALONG SAID INNER HARBOR LINE, 49.79 FEET TO A POINT 40.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LINE OF A TRACT OF LAND DEEDED TO DEFENSE PLANT CORPORATION BY DEED RECORDED UNDER RECORDING NUMBER 3321579, RECORDS OF KING COUNTY,WASHINGTON; THENCE NORTH 88°27' 28"WEST, PARALLEL WITH SAID NORTHERLY LINE, 234.53 FEET, TO A POINT FROM WHICH THE INTERSECTION OF NORTHERLY LINE OF SAID DEEDED TRACT WITH WESTERLY LINE OF EXISTING INTERCEPTOR DITCH BEARS SOUTH 01°32'32"WEST; THENCE SOUTH 01°32' 32"WEST 40.00 FEET TO SAID INTERSECTION; THENCE SOUTH 88° 27'28" EAST, ALONG NORTHERLY LINE OF SAID DEEDED TRACT, 264.17 FEET TO THE TRUE POINT OF BEGINNING. ALSO BLOCKS A AND B, THIRD SUPPLEMENTAL MAP OF LAKE WASHINGTON SHORE LANDS,AS SHOWN ON THE OFFICIAL MAP THEREOF ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS AT OLYMPIA,WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. BOEING RENTON SECOND PRIMARY FEED OH&UG ELECTRIC WO#101073734/RW-081332 Page 5 of 7 EXHIBIT B UTILITY EASEMENT — LEGAL DESCRIPTION THE FOLLOWING DESCRIBED TRACT OF LAND, BEING A PORTION OF THE CITY OF RENTON AIRPORT PROPERTY, AS RECORDED IN VOLUME 136 OF SURVEYS PAGE 113, RECORDS OF KING COUNTY, WASHINGTON, AND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE BOEING COMPANY'S "WEST COMPASS ROSE LEASE AREA" LOCATED AT SAID AIRPORT PROPERTY; THENCE SOUTH 13'43'25" EAST, ALONG THE EAST LINE OF SAID LEASE A DISTANCE OF 77.08 FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 85'37'36" WEST, A DISTANCE OF 30.72 FEET; THENCE SOUTH 04'22'24" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 8537'36" EAST, A DISTANCE OF 35.44 FEET; THENCE SOUTH 13'25'30" EAST, A DISTANCE OF 15.71 FEET; THENCE NORTH 76'34'30" EAST, A DISTANCE OF 18.00 FEET; THENCE NORTH 13'25'30" WEST, A DISTANCE OF 13.04 FEET; THENCE SOUTH 89'44'45" EAST, A DISTANCE OF 57.84 TO THE INTERSECTION WITH THE EASTERLY LINE OF THE CITY OF RENTON AIRPORT PROPERTY BOUNDARY, THENCE NORTH 12'48'22" WEST, ALONG SAID EASTERLY LINE A DISTANCE OF 10.27 FEET; THENCE NORTH 89'44'45" WEST, A DISTANCE OF 49.31 FEET; THENCE NORTH 12'59'34" WEST, A DISTANCE OF 17.16 FEET; THENCE SOUTH 77'00'26" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 12'59'34" EAST, A DISTANCE OF 15.30 FEET; THENCE SOUTH 85'37'36" WEST, A DtSTANCE OF 19.64 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,525.24 SQUARE FEET, OR +/— 0.035 ACRES MORE OR LESS. �,g A.I�`�P � o* *�8 T N EASEMENT DESCRIPTION PREPARED BY: q;� °,+o�� . _ � ��36�98 � DUANE HARTMAN & ASSOCIATES, INC. �f��_� W DHA E Surveyors 16928 WOODINVILLE—REDMOND ROAD, B-107 (425) 483-5355 DRAWN BY DATE DAH 12.05.14 WOODINVILLE, WASHINGTON 98072 FAX (425) 483-4650 CH CK DATE s . ' � � NORTHEAST CORNER BOEING - WEST COMPASS ROSE LEASE AREA 1 �' EXHIBIT C � � , CITY OF RENTON � � W AIRPORT PROPERTY � w � cNr�. '� 1� 1� O � GRASS I �o � 1 � 1 J � -o � � o I o '� � I o� �, �, \ -i N � ,0�026,.W v i 1� t�"" POINT OF BEGINNING r;� �� y o Z � PSE EASEMENT 1 �w �N� y z z � o, -� � r� a \` �, P ,�� y � � � � r��+ `�7 30.72' „ � � � .6 gg" � N89'4 5"W 4 1' _ � y � S85'37'36 W 585' � � ,c r,� w _ T PP UG__OE --OE OE— ��OE� N � - �- J oN 1 - - - - N, I T. ,-- S89'4 5"E 57. � '-o `�' — N8537 36 E \ � y N 35.44' �z1 P� � 1 1 � r N13'25'3 ' � � 0 13.04' � x 1 VAULT M01 9 ° S13'25'30"E 1 N76'34'30"E � 15.71' � �pROPOSED 8'X8' `\ 18.00' y 1 � SE POWER VAULT \ y 1 6RASS p "� o x O \ � 1� � ` \ \ 1� 1� 1 � � � ^ , � � �� 1 �' �, POWER LINE EASEMENT 20 10 0 20 40 FOR: PUGET SOUND ENERGY & THE BOEING COMPANY SCALE IN FEET LO CATI 0 N: C ITY O F R E NTO N AI R P 0 RT ALL BEARINGS ARE REFERENCED TO THE WASHINGTON STATE PLANE R E NTO N, WAS H I N GTO N COORDINATE SYSTEM, NORTH ZONE NA083(91). Cs�5 A•N ,t •�s `�j, N EASEMENT DESCRIPTION PREPARED BY: q�� e��o�� DUANE HARTMAN & ASSOCIATES, INC. � ��79B �°� °�ars4 1�4L LAt� W DHA E Surveyors 16928 WOODINVILLE-REDMOND ROAD, B-107 (425) 483-5355 DRAWN BY DATE DAH 12.05.14 WOODINVILLE, WASHINGTON 98072 FAX (425) 483-4650 CH K DATE s