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AGREEMENT AND EA�EMENT FOR ROADWAY, SIDEWALK & UTILITIES
THIS AGREEMENT made this ���-.�t day of ����„ , 19$6 ,
between PUGET SOUND POWER & LIGHT COMPANY, a Washington
carporation C"Puget" herein) , and CITY OF RENTON, a municipal
corporation ("Grantee" herein) ;
WHEREAS, Puget is the owner of a strip of land twa hundred fifty
{ 250) feet in width situated in the Nar�heast quarter and
Southeast quarter of Section 19 and the Northwest quarter and
Southwest quarter of Section 20 , Township 23 North, Range 5 East,
W.M. , Ring Caunty, Washington, and
WE3EREAS, such strip af land is presently awned and occupied by
Puget in connection with Puget' s electric utility operations,
tsaid strip being hereafter referred ta as "Puget' s Property" ) ;
� and
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-- WHEREAS, Grantee desires an easement for sidewalk and utility
Q` purposes acrass Puget' s Property at a location more specifically
�,p described herein belaw;
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'� NOW THEREFORE, in consideration af Two Hundred & NO/100
� Dollars t$200.00) and other good and valuable cansideration in
hand paid receipt of which is hereby acknowledged, and in
consideratian af the performance by Grantee af the covenants,
terms and canditions hereinafter se� forthi Puget hereb_y grants,
conveys and quitclaims to Grantee the following easement:
A. A nonexclusive perpetual easement over, across, along,
in, upon and under that portian of Fuget' s Property described in
Exhibit "A" attached hereto and by this reference made a �part
hereof far the purposes af a_nstalling, constrvctinq , operatingr
maintaining, remaving, repairing , replacing and using roadway,
sidewalk and utili�ies and appurtenances thereto (herein the
��Impravements" ) .
The terms "Easement" and "Easement Area" in this instrument
refer to the easement herein granted an Puget' s Property and as
described an the attached Exhibit "A" .
This Easement is granted subject to and conditianed upon the
following terms, conditions and covenants which Grantee hereby
pramises to faith€ully and fully observe and per�orm.
l, Cost of Construction and Maintenance, Grantee shall
bear and promptly pay all cas�s and expenses of construction and
maintenance of the Improvements.
2. Compliance with Laws and Rules. The Grantee shall
construc� , maintain and use the Improvements in accordance with
the requi.rements af Puget, the National Electric Safety Code and
any statute, order, rule or regulation of any public authority
havirtg jurisdiction.
3. Use of the Property by :Puget. Grantee" s rights herein
shall at a11 times be subardinate ta such righ�s of Puget as are
necessary to preserve and maintain the capabilities of Puget' s
Froperty ta be used for e2ectric utility purposes, and nothing
herein ecan�ained shall prevent or preciude Puget frflm undertaking
construction, insta2lation and use of any e3ec�ric utility
facilities within Puget" s Property, Puget shall not be liable ta
Grantee ar to Grantee' s employees, agents, or to any other party
benefi�ing from said Impravements, far loss ar injury resulting �
�rom any damage or destruction of the Impravements directly or
indirectly caused by Puget' s existing or future use of Puget' s
Property.
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��9�E�f'�G4�!CL�n:
RFNiON MUNICIPAL BLDG. ,
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4. Required Prior Notice and A proval of Plans and
Sepcifications. Prior to any installation, alteration,
replacement or removal of the Improvements or any other major
activity by Grantee on Puget' s Property, Grantee shall give Puget
� written notice thereof together with preliminary plans and
specifications for the same at least six (6) weeks 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 i:�terr�ption ta Puge*' s �!�ility operations.
No such activity 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 Improvements, persons or property, Grantee may take such
action upon such notice to Puqet as is reasonable under the
circumstances.
� Nothing herein shall be deemed to impose any duty or
� obligation 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
� specifications approved by Puget.
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� 5. Grantee' s Use and Activities. Grantee shall exercise
its rights under this Agreement so as to minimize and avoid,
insofar as possible, interference with the use by Puget of its
Property 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 Improvements and conduct any other of
its substantial activities on Puget' s property 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 shall give at least
30 days advance written notice of the proposed dates of its
construction, repair and maintenance activities on Puget' s I
Property to Puget' s South Central Divis�on office (presently
headquartered at Renton, Washington) , or such other division
office 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 parties facilities, prevent hazardous conditions, or minimize
interruption of Puget' s operations. Provided, however, that in
the event of an emergency requiring immediate action by Grantee
for the protection of its Improvements or other persons or
property, Grantee may take such action upon such notice to Puget
as is reasonable under the circu�mstances.
7. Work Standards. Al1 work to be performed by Grantee on
Puget' s Property 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 Property.
All work to be performed by Grantee on Puget' s Property 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 sufficiency 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 �ri�tla/S
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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 survey references and hubs established by Puget in
conjunction with any survey for new facilities on Puget' s
Property.
8. Changes and Repairs to Pu et's Facilities. Grantee
shall promptly pay to Puget the cost of any relocation,
alteration, 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 Improvements 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
. strengthening 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 transportation of inen, material , and equipment , storage '
0 expense of material and rental of equipment.
� 9. Termination for Breach. In the event Grantee breaches
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or fails to perform or observe any of the terms and conditions
p herein, and fails to cure such breach or default within ninety I
I � (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 Lerminate Grantee' s rights ur�der 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.
10. Termination for Cessation of Use. In the event Grantee
ceases to use the Improvements for a period of five ( 5) successive
years, this Agreement and all Grantee' s rights hereunder shall
terminate and revert to Puget.
11. Release of Improvements on Termination. No termination
�ii of this Agreement shall release Grantee from any liability or
' obligation with respect to any matter occurring prior to such
termination, nor shall such termination release Grantee from its
obligation and liability to remove the Improvements from Puget' s
Property and restore the ground.
12. Removal of Improvements on Termination. Upon any
termination of this Agreement , Grantee shall promptly remove from
the Easement Area its Improvements and restore the ground to the
condition now existing or, in t;�e alternativz, take such other
mutually agreeable measures to minimize the impact of the �
Improvements on Puget' s Property. 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 its Improvements, restore the ground or take
such other mutually agreed upon measures, Puget may, after
reasonable notice to Grantee, remove Grantee' s Improvements,
restore the ground or take such measures at the expense of
Grantee, and Puget shall not be liable therefor.
13. Third Party Rights. Puget reserves all rights with
respect to its property including, without limitation, the right
to grant easements, licenses and permits to others subject to the
rights granted in this Agreement. `r`t+a�s
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14. Release and Indemnity. Grantee does hereby release,
indemnify and promise to defend and save harmless Puget from and
against any and all liability, loss, cost, damage, expense,
actions and claims, including costs and reasonable attorney' s fees
incurred by Puget in defense thereof, asserted or arising directly
i 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
' omissions of Puget in its use of Puget' s Property which affect
Grantee' s employees, agents, contractors, and other parties
benefiting from said Improvements; provided, however, this
paragraph does not purport to indemnify Puget against liability
for damages arising out of bo��?y injury to persons or damage to
property caused by or resulting from the sole negligence of Puget
or Puget' s agents or employees.
15. Insurance. Prior to Grantee' s construction activities
or other substantial activities on Puget' s Property 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 Puget with limits no less than
ap the following:
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� Bodily Injury Liability, including $1 ,000,000
— automobile bodily injury liability each occurrence
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� � Property Damage Liability, including $1 ,000 ,000
� automobile property damage liability each occurrence
aid v' '
I S e idence shall be submitted on Puget s Certificate of
Insurance standard form (which form Puget shal.l 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;
provided, Grantee may self-insure for bodily injury and property
damage in such amounts as are consistent with good practice.
16. 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 Agreement.
Puget does not warrant title to its property and shall not be
liable for defects thereto or failure thereof. ,
17. Notices. Unless otherwise provided herein, notices
� required to be in writing under this Agreement shall be given as
follows:
If to Puget: Puget Sound Power & Light Company
Real Estate Department OBC-11N '
P.O. Box 97034
Bellevue, WA 98009-9734
If to Grantee: City of Renton ,
200 Mill Avenue South �
Renton, WA 98055
'I 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 upon delivery thereof if otherwise given. Either party may
change the address to which notices may be given by givin_q notice
as above provided.
18 . 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 �ri�tia/s
liabilities of Grantee herein, whether by operation of law or �
otherwise, shall be valid without the prior written consent of
� Puget.
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19. Successors. The rights and obligations of the parties
shall inure to the benefit of and be binding upon their respective
successors and assigns.
� 20. Liability. In the event of any assignment of the rights
'� hereunder, the liability of Grantee and its assignees shall be
joint and several.
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
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CITY OF RENTON PUGET SOUND POWER & LIGHT COMPANY
BY= _y���� ��+zti�,�i-� BY: -
Director Real Est e
I t s: }����,_ (�o�.,rs�re.rzr
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0 STATE OF WASHINGTON ) �, �,,, � `�. ;: _
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� COUNTY OF KING ) �` ,.�' �'•.�'�. ,.,,,
On this 30'� day of � �c:� , 1986 , before me, the'<��'���E•�`'•A��°��-�'.'
,,,��. �f .. . ��, �,'3r�'� �.
undersigned, personally appeared WM. K. ARTHUR, to me known�'�.o°�„�����`�' ,���'
��,Aa����ds�5�t .
the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, th�����,�
corporation that executed the foregoing instrument, and
acknowleged 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 Public in nd for, the Stat� of
Washington, residing at �y.n.r.v�r�
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AGREEMENT AND EASEMENT FOR ROADWAY, SIDEWALK AND UTILITIES
PUGET SOUND POWER & LIGHT COMPANY TO
CITY OF RENTON
EXHIBIT "A"
A parcel of land situated in Sections 19 and 20, Township 23 �
North, Range S East, W.M. more particularly described as follows:
Beginning at the intersection of the northeasterly right-of-way
line of Puget Drive South and the easterly right-of-way line of
Talbot Road South.
Thence North 2°53' 17" East along the easterly right-of-way line of
said Talbot Road South, a distance of 38 . 16 feet;
Thence southeasterly along a curve to the left with a radius of
40.00 feet, a distance of 70. 53 feet;
� Thence along a curve to the right with a radius of 470.�82 feet , a I'
� distance of 342.80 feet, said curve being 4 feet distance from,
measured radially, to the northerly right-of-way line of said
Q` Puget Drive South; •
p Thence South 55°37 ' 18" West 4 .00 feet radially to the northerly
� right-of-way line of Puget Drive South;
Thence northwesterly along said margin 371.89 feet more or less to
the True Point of Beginning.
Situated in King County, Washington.
Containing 1 ,712.92 square feet.
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. OF R��
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� ,y � o PUBLIC WORKS DEPARTMENT
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DESIGN/UTILITY ENGINEERING � 235-2631
p � � MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055
9,0 �•
o9�TF� SEP���O�P
BARBARA Y. SHINPOCH June 5, 1986
MAYOR
MEMORANDUM
T0: Maxine Motor �
FROM: Don Monaghan
SUBJECT: Puget/�Talbot/�Benson Right Turn Easement
Would you please arrange for the recording of the attached document and �
charge to the following account # 317/089/015.541 .20.67.39. ,
Thank you.
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Don
:ckd
Attachment
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