HomeMy WebLinkAboutSP-Exceptions 080_20020301000547RET URN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department, OBC-11N
PO Box 97034
Bellevue, WA 98009-9734
KING COUNTY, WA
2002 30100 547
PUGET SOUN EN AS is 00
PAGE 001 OF 008
EASEMENT
REFERENCE #
GRANTOR LONGACRES PARK, INC.
�— GRANTEE PUGET SOUND ENERGY, INC.
SHORT LEGAL NE Section 25-23N-04E, W.M.
ASSESSOR'S PROPERTY TAX PARCEL:252304-9002-09
® For and in consideration of One Dollar ($1 00) and other valuable consideration in hand paid,
c LONGACRES PARK, INC., a Washington corporation, ("Grantor" herein), hereby conveys
C%, and warrants to PUGET SOUND ENERGY, INC., a Washington corporation, ("Grantee"
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herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under,
6" along across and through the following described real property ("Property" herein) in King
County, Washington
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 upon that portion
of the Property ("Easement Area" herein) described as follows
A 12 foot by 30 foot parcel lying northerly and easterly within a portion of the
property described in and attached as Exhibit `A'; said parcel being easterly and
South of a line which is parallel with and distant 49 +/- feet from the centerline of SW
271h Street and West of a line which is parallel with and distant 46 +/- feet from the
centerline of Oakesdale Avenue.
Except any portion lying within the rights of way of SW 27'h Street and Oakesdale
Avenue, upon extension of said roadways for public use.
UG Efectnc 1111998
WO# 101005434 / OFN 28419
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Longacres Park, Inc
WO# 101005434 1 OFN 28419
1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace,
improve, remove, enlarge and use the easement area for one or more underground utility systems
for purposes of transmission, distribution and sale of electricity Such systems may include, but
are not limited to
Underground facilities. Conduits, lines, cables, vaults, switches and transformers
for electricity, fiber optic cable and other lines, cables and facilities for
�— communications, semi -buried or ground -mounted facilities and pads, manholes,
meters, fixtures, attachments and any and all other facilities or appurtenances
necessary or convenient to any or all of the foregoing
Following the initial construction of all or a portion of its systems, Grantee may, from time
to time, construct such additional underground facilities as it may require for such systems
c�x Grantee shall have the right of access to the Easement Area over and across the Property to
V11V enable Grantee to exercise its rights hereunder Grantee shall compensate Grantor for any
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damage to the Property caused by the exercise of such right of access by Grantee
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2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut,
remove and dispose of any and all brush, trees or other vegetation in the Easement Area
Grantee shall also have the right 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. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement
Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor
shall not construct or maintain any buildings, structures or other objects on the Easement Area
and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior
written consent
4. Relocation. In the event that Grantor requires use of the Easement Area for
development of permanent structure(s), within 120 days of Grantor's written notice, Grantee
agrees to relocate or reconfigure Grantee's facilities to accommodate Grantor's requested use of
the Easement Area, provided that Grantor agrees to pay all actual direct and related indirect costs
accumulated in accordance with a work order accounting procedure prescribed by the
Washington Utilities and Transportation Commission in its uniform system of accounts The
Easement Area will be amended to provide the rights for the relocated or reconfigured facilities
and the Amendment will be signed by both Grantor and Grantee prior to the commencement of
any work Any relocation of Grantee's facilities must be compatible with Grantee's system
requirements and standards
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5. Abandonment. The rights herein granted shall continue until such time as Grantee
ceases to use the Easement Area for a period of five (5) successive years, in which event, this
casement shall terminate and all rights hereunder, and any improvements remaining in the
Easement Area, shall revert to or otherwise become the property of Grantor, provided, however,
that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially
install its underground systems on the Easement Area within any period of time from the date
hereof
6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise
r� transfer any or all of its rights, benefits, privileges and interests arising in and under this
easement Without limiting the generality of the foregoing, the rights and obligations of the
parties shall inure to the benefit of and be binding upon their respective successors and assigns
7. Removal of Fill Material. In the event that Grantee encounters, or suspects that it
has encountered any hazardous substances in the Easement Area in furtherance of its rights set
forth in Paragraph 1, Grantee shall cease all operations and notify Grantor If the encountered or
suspected hazardous substances are not the result of the acts or omissions of Grantee, Grantor
CZ shall, at its own expense, determine if the material is hazardous, as determined by applicable law
C%J If the material should prove to be hazardous, then the Grantor shall, at its own expense, remove,
dispose, or otherwise handle such hazardous substances, as necessary, in accordance with
applicable law, or reroute the Easement Area, if possible If hazardous substances are removed,
Grantor also shall provide substitute nonhazardous material to replace the removed material for
Grantee to use in its operation, if necessary Should the encountered or suspected material prove
not to be hazardous, Grantee shall proceed with the operations at its own cost, with no recourse
against the Grantor for the cost of schedule delays incurred due to the delay in operation If the
encountered or suspected hazardous substances are the result of the acts or omissions of Grantee,
Grantor's characterization of the substances involved and any removal, disposal or other
handling costs incurred in connection with the removal, disposal or handling of the hazardous
substances will be at Grantee's expense, and Grantee shall have no recourse against Grantor for
the cost of schedule delays incurred due to the delay in operation Any environmental mitigation
requirements imposed as a result of the exercise of any right or obligation of Grantee hereunder
shall be the sole responsibility and expense of Grantee
8. Indemnity and Insurance.
8 1 Grantee agrees to release, indemnify and hold harmless Grantor, The
Boeing Company (the parent corporation of Grantor), their respective corporate affiliates, and
Grantor's successors or assigns in title to the Property, and their respective directors, officers,
employees, agents, servants and representatives, (the "Indemnified Parties") from any and all
actions, liabilities, demands, claims, suits, judgments, liens, awards, and damages of any kind or
character whatsoever (hereinafter referred to as "Claims"), including claims for injury to or death
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of any person, loss of or damage to any property, -and costs, expenses and reasonable attorneys'
fees incurred by Grantor in connection therewith (including costs in connection with
establishing the right to indemnification hereunder), asserted or arising directly or indirectly
from, on account of, or in connection with operation, maintenance, use, or control of the
Easement Area (and improvements thereon) or presence on the Property in connection therewith
of Grantee, or any agent, employee of Grantee or any contractor providing goods or services to
Grantee ("Contractor") or any Contractor's personnel The foregoing is not intended to require
the Grantee to indemnify the Indemnified Parties with respect to any Claim to the extent that it
was caused by the active negligence or willful misconduct of the Indemnified Parties or any
U-7 party other than Grantee, its employees, agents, and contractors With respect to all or any
portion of the foregoing obligation which may be held to be within the purview of RCW
CM 4 24 115, such obligation shall apply only to the maximum extent permitted by RCW 4 24 115
Grantee expressly waives any immunity under industrial insurance whether arising from any
statute or other source, to the extent of the indemnity set forth in this paragraph Provided
however, that this provision is intended to be applicable to the parties to this agreement and is
c� not intended to grant any rights as a third party beneficiary to any employee of Grantee and shall
not be interpreted to allow an employee of Grantee to have a claim or cause of action against
Grantee In the event that Grantee is successful in proving that the foregoing indemnity is
limited by applicable law, Grantee shall defend, indemnify and hold harmless the Indemnitees to
the full extent allowed by applicable law In no event shall Grantee's obligations hereunder be
limited to the extent of any insurance available to or provided by Grantee
8 2 Grantee shall carry and maintain, and shall ensure that any Contractor carries
and maintains, Commercial General liability insurance with available limits of not less than One
Million Dollars ($1,000,000 00) per occurrence for bodily injury, including death, and property
damage combined, One Million Dollars ($1,000,000 00) general aggregate Such insurance shall
be in a form and with insurers acceptable to Grantor and shall contain coverage for all premises
and operations, broad form property damage and contractual liability (including without
limitation, that specifically assumed herein) Any policy which provides the insurance required
under this paragraph shall (a) be endorsed to name "Longacres Park, Inc , The Boeing
Company and its subsidiaries and their respective directors, officers, employees, agents,
attorneys and assigns" as additional insureds (hereinafter "Additional Insured") with respect to
any liability arising out of Grantee's presence on the Property (or such Contractor's presence as
the case may be), (b) be endorsed to be primary to any insurance maintained by The Boeing
Company or Longacres Park, Inc , (c) contain a severability of interest provision in favor of the
Additional Insured and (d) contain a waiver of any rights of subrogation against the Additional
Insured
If licensed vehicles will be used in connection with this Easement, Grantee shall carry
and maintain, and shall ensure that any Contractor who uses licensed vehicles in connection with
this Easement carries and maintains, Automobile Liability insurance covering all vehicles,
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whether owned, hired, rented, borrowed or otherwise, with limits of liability of not less than One
Million Dollars ($1,000,000 00) per occurrence combined single limit for bodily injury and
property damage
Grantee shall cover or maintain, and shall ensure that any Contractor covers or maintains,
insurance in accordance with the applicable laws relating to workers' compensation, with respect
to all of their respective employees working on or about the Property, regardless of whether such
coverage of insurance is mandatory or merely elective under the law
Grantee shall not access the Property unless Grantee shall have first provided for
Grantor's review and approval, a certificate of insurance reflecting full compliance with the
requirements set forth herein Such certificate shall list Longacres Park, Inc as certificate holder
� and shall be kept current and in compliance throughout the period of this Easement and shall
for thirty (30) days advance written notice to Grantor in the event of cancellation The
aprovide
insurance provisions in this Section 8 2 may be substituted with self-insurance by the original
�s Grantee and, with the agreement of Grantor, by any assignee or grantee of Puget Sound Energy
9. Notices. Notices required to be in writing under this Easement shall be personally
served or sent by U S mail Any notice given by mail shall be deemed to have been received
when three days have elapsed from the time such notice was deposited in the U S mail, postage
prepaid, address as follows
To Grantor Boeing Realty Corporation
P O Box 3707, M/C 1F-58
Seattle, WA 98124-2207
Attn Vice President, Development
Phone 206-662-1275
With a Copy To
Gerald Bresslour
The Law Department
The Boeing Company
P 0 Box 3707, MIC 13-08
Seattle, WA 98124-2207
Phone 206-655-2405
To Grantee Puget Sound Energy, Inc
ROW Department, OBC-11N
PO Box 97034
Bellevue, WA 98009-9734
Attn Steve Botts
Phone (425) 456-2255
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Longacres Park, Inc
WO# 1010054341 OFN 28419
Either party may change the address to which notices may be given by giving notice as above
provided
10. Choice of Law. This Easement shall be governed by the laws of the Sate of
Washington, exclusive of its choice of law rules
11. Complete Agreement. This Easement contains the entire agreement of the parties
a_ with respect to this subject matter and supersedes all prior or contemporaneous writings or
discussions relating to the easement provided for herein This Easement may not be amended
except by a written document executed after the date hereof by the duly authorized
representatives of Grantor and Grantee This Easement includes Exhibit A, which by this
reference is incorporated into this Easement
� DATED this day of f:W'rQ0AA 92002
CZ
GRANTOR
TIT
C
GRANTEE
PUGET SOUND ENERGY, INC
BY �� --I'
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TITLE f&,, I r s fin le /Zo
Longacres Park, Inc
WO# 101005434 / OF 28419
STATE OF WASHINGTON)
) SS
COUNTY OF
On this day of� 2002, before me, the undersigned, a Notary Public in and for the State of
Washington, duly commis oned an"worn, p raonally a nearedA to me known to be
the person who signed as 1 Longacres ark, Inc , the corporation that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of
r� Longacres Park, Inc , for the uses and purposes therein mentioned, and on oath stated that he / she was authorized to
execute the said instrument on behalf of said Longacres Park, Inc
s�
CM IN WITN BkEOF I have hereunto set my hand and offs I seal the day and year first above written
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re of Notary t
cr (Print or stamp name of Notary)
o NOTARY PUBLIC in and for the State
c� of t A' , residing at "nv
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p�pg �.4 My Appointment expires
Notary seal tut an ft8f&m9nnss inuust be msidc 1 margins
STATE OF WASHINGTON)
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COUNTY OF K t q G )
On this day of F&-b+r u-apI , 2002, before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned andsworn, personally appeared J e--1cl i B '56T T5 , to me known to be
the person who signed as Rea l -Is of Puget Sound Energy, Inc , the corporation that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of
Puget Sound Energy, Inc , for the uses and purposes therein mentioned, and on oath stated that he / she was
authorized to execute the said instrument on behalf of said Puget Sound Energy, Inc
IN WITNESS JA4KR�CW�t have hereunto set my hand and official seal the day and year first above written
ON E t® S t
® g ® ! (Signature of Notary)
PUBLIC (Print or stamp name of Notary)
�101 tp�+' _ NOTARY PUBLIC in and for the State
d 22 �•° p +t residing at lt)'454j"c ro4
%ii\ My Appointment expires q - �� a
Notarysul, text and all no(Mons must be inside 1 nmrgmti
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Longacres Park, Inc
WO# 101005434 / OFN 28419
EXHIBIT A
Attached to and made a part of Easement dated VgWijour l 25 , 2002, by and between
r.. Longacres Park, Inc , as Grantor and
Puget Sound Energy, Inc , as Grantee
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All those portions of Government Lots 10, 11, Southwest Quarter of the Northeast Quarter and the
Southeast Quarter of the Northwest Quarter of Section 25, Township 23 North, Range 4 East, W M , in
King County, Washington, lying north of a line parallel and 545 6 feet north, measured along the east line
of said Southwest Quarter Northeast Quarter and the intersection of the East — West Quarter line of said
section with the East Line of the Southwest Quarter Northeast Quarter and cast of the following described
® line
Beginning at a point on the East-West Quarter Line of said Section, 60 feet east measured at right angles
from the east line of Burlington Northern right of way, thence northerly 1100 feet parallel to said east
right of way line of Burlington Northern to a point, thence northwesterly to a point on said east right of
way line distant 289 12 feet south along said east right of way line from intersection of the Henry Meader
Donation Land Claim and the said east right of way line of Burlington Northern, and end of description
Except that portion thereof described as follows
Beginning at the intersection of the south line of Henry Meader Donation Land Claim No 46 and the cast
line of Government Lot 10, thence southerly along the said east line a distance of 255 38 feet, thence
westerly on a straight line to a point on the east line of Northern Pacific Railway Company right to way
289 12 feet southerly, as measured along said right of way line from the intersection of said right of way
line and the south line of said land claim, thence northerly along said east line of Northern Pacific
Railway Company right of way to the south line of said land claim, thence easterly along said south lane
to the point of beginning and the end of this description
RE Tax Parcel No 252304-9002-09
NE 25-23N-04E, W M
PSE No 101005434 / OFN 28419