HomeMy WebLinkAboutA 8710221353� a
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_ - EXHIBIT 2 �
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', ` AGREEMENT AND EASEMENT FOR SIDEWALK, �� � r�
TRAFFIC SIGNAL AND STREET LIGHTS �:=;� �:; fi
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THIS AGREEMENT made this /J/� day of - � �'1�38`7 �=�
between PUGET��SOUND��POWER & LIGHT COMPANY, a Washington���= � � "'
corporation ( Puget herein) , and CITY OF RENTON, a m��i,cipa�-, {n
corporation ( "Grantee" herein) --�'=-� -- �
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WHEREAS, Puget is the owner of a parcel of land knta�vn as
South Renton Substation;
WHEREAS, such parcel of land is presently owned and occupied
by Puget in connection with Puget' s electric utility operations,
(said parcel being hereafter referred to as "Puget' s Property" ) ;
and
WHEREAS, Grantee desires an easement for sidewalk, traffic
C'� signal and street lights and its appurtenances over, across,
�N along, in, upon, and under Puget' s Property at a location more
� specifically described herein below;
� NOW THEREFORE, in consideration of Ten & 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 conditions
� hereinafter set forth, Puget hereby grants, conveys and quitclaims
to Grantee the following easement:
A. A nonexclusive perpetual easement over, across, along,
in, upon and under that portion of Puget' s Property described in
the attached Exhibits •."2A" and "2B" for the purposes of operating,
maintaining, removing, repairing, replacing and using a sidewalk
as described in the attached Exhibit "2A" and traffic signal and
street lights as described in the attached Exhibit "2B" (herein �
the "Improvements" ) .
The terms "Easement" and "Easement Area" in this instrument
refer to the easement herein granted on Puget' s Property and as
described on the attached Exhibits "2A" and "2B" .
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. Compliance with Laws and Rules. The Grantee shall
maintain and use the Improvements in accordance with the
requirements of Puget, and any statute, order, rule or regulation
of any public authority having jurisdiction.
2. Use of the Property by Puget. Grantee' s rights herein
shall at all tfines be subordinate to the rights of Puget as are
necessary to preserve and maintain the capabilities of Puget' s
Property 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 Property. Puget shall not be liable to
Grantee or to Grantee' s employees, agents, or to any other party
benefiting from said Improvements, for loss or injury resulting
from any damage or destruction of the Improvements directly or
indirectly caused by Puget' s existing or future use of Puget' s
Property.
3. Required Prior Notice and Approval of Plans and ��
Specifications. Prior to any installation, alteration, rxx,� :�
replacement or removal of the Improvements or any other major �' � "'`
�.�'� t:, !.�
activity by Grantee on Puget' s Property, Grantee shall give Puge�. =' r�
written notice thereof together with preliminary plans and r- �;�..:�
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, r
revised or otherwise changed to the extent that the final plans �.,
and s ecifications therefor shall include provisions for the ;� �-£
�lLED �or Recorc�at Request oj �
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, � ; ' � protection of Puget' s facilitie's, the prevention of hazardous ' �
' • conditions and minimum interruption to Puget' s utility 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 Puget 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.
4. 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 utililty 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 maintain the Improvements and conduct any other of
I � its activities on the Easement Area as may be communicated to
� � Grantee by Puget for the purposes of protecting Puget' s
� facilities, preventing hazardous conditions and minimizing
� interruptions to Puget' s utility operations .
�
Q 5. Coordination of Activities. Grantee shall give at least
�i 30 days advance written notice of the proposed dates of its
� construction, repair and maintenance activities on Puget' s
Property to Puget' s South Central Division 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 I,
such action upon such notice to Puget as is reasonable under the
circumstances . '
6. Work Standards. All work to be performed by Grantee on
the Easement Area 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 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 survey
references and hubs established by Puget in conjunction with any
survey for new facilities on Puget' s Property.
7. Changes and Repairs to Puget' 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,
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�� 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
expense of material and rental of equipment .
8. 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
circumstances, 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.
9. 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 .
M 10. Release of Improvements on Termination. No termination
� 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
OProperty and restore the ground.
� 11 . 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 the alternative, 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 .
12. 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 .
13. 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
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 bodily injury to persons or damage to
property caused by or resulting from the sole negligence of Puget
or Puget ' s agents or employees .
�
14. Insurance. Prior to Grantee' s construction activities I
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
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2-DC-3269 092987
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� � � general liability coverage ( including broad form contractual
liability coverage) 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 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;
provided, Grantee may self-insure for bodily injury and property
damage in such amounts as are consistent with good practice .
15 . 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.
16. Notices. Unless otherwise provided herein, notices
required to b n writing under this Agreement shall be given as
C� follows :
Ln
� 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
GD 200 Mill Avenue South
Renton, WA 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 upon delivery thereof if otherwise given. Either party may
change the address to which notices may be given by giving notice
as above provided.
; 17. Assignment . No assignment of the privileges and
, benefits accruing 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 .
18. Successors. The rights and obligations of the parties
shall inure to the benefit of and be binding upon their respective
successors and assigns.
� 19. 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: � ',
CITY OF RENTON PUGET SOUND POWER & LIGH NY I�'
By: � gy; � ---
I t S: (����,...� �Ju� -�u� �, �,�, /�/�/l�s � ` -
� '
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2-DC-3269 092987
�� � � AGREEMENT AND EASEMENT FOR SIDWALK, '
TRAFFIC SIGNAL AND STREET LIGHTS '
PUGET SOUND POWER & LIGHT COMPANY TO CITY OF RENTON
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
On this 2�� day of pC;� d�ti , 1987, before me, the
undersigned, personally ,ppeared m,�cvy.✓ �. ��✓.�n/ to me
known to be the .s�,e, y,'e�- Pl�.��'��o�nri of PUGET SOUND POWER &
LIGHT COMPANY, the 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
purp ses 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.
�
Ps�wy' G,��rr,•� � , ' -y . .
Notary Public in and for the�State of
�,,' Washington, residing at ,����a�o � ^
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� My commission expires 9- /�- �}"b �
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� � , ACREEMENT AND EASEMENT F4R SIDEwALK,
, - • TRAFFIC SIGNAL rAND STREET LIGHTS �
� ' PUGET SQUND POWER 4 LIGHT COMPANY T4 CITY OF RENTON i
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EXHIBIT 2A
� Ttut ttion of the �orthtsct
� quarter ai Sectian 19, ?ormship 23 Narth,
Range S Es�t, W.M., de�cribed ss follaWse
Corru�encing at the southxest corner af the northeast quarttr of safd
t►orthesst quarttr� thence N t1l°U4•08" � along LAe ve�t line ther�oi,
a ltixtince of 244,�6 feet� theace S 88 SS'S2" �, a distanct of �0?.38
feet to � point on Lhe kesterly 11ne of 2an� descrlDed !n Quit C2aim
DeeO !n Exh�Dit •'A", tecorded unaer King County Recording Ho. 82482�03SSt
trence N �3 39'll•' E, a distance of 962.41 feet to the lntersectiaa of
tne ea�terly mar�in of Talbot Rosd Extenaion xi.th tAe nortberly margin
of Scutn Cr�►dy Way� saia inter�eciian Deing LAe TRUE P4Il�T QF b�GINHING;
thence N �2°S2•23" li along taid taaterly margin, a diatance of 75.22
ieet to a pai�nt on a curve having a radiub of 31.Sp feet an� h�ving a
xadial bearing af S 2�°l8'S6•' i�j tl�enre sautheasterly and lesvir►g said
�acterly margin thraugh a �entral angle of S6°59'25", an arc di6tance
of 31.33 feetj theace S �4 21•42•' E, • di�tance af 2.02 t'eet to a point
on a cu�ve A:ving a sadius oi �994.80 feet and naving a radial Dearing
� of S 34 22•43" �_ �hence northes6terly �►long ssid aurvr through a
� ccntra�. ang,le of 2 43'3�`•� an arc distance af �80.91 feet to • point
lt�. on th� nortRe=ly margin of saf� Sovth GraQy Nayj said point lyi�g on
� a curve Aaving a xa�ius of 37J9.7I teet and having s rsdisl bearing
� of S 99°39'20" Ef tt�ence Westexly �long said northerly margin ar�d said
� curve tArough s central angle of 6 09'42", an arc distance of 40b.47'
� teet to the TRUE PQINT 4F �EGINNING.
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� , • : �•�AGREEMENT AND EASEMENT FOR SIDEWALK,
• � TRAiFIC SIGNAL AND STREET LIGHTS ' '
I � PUGET SOUND POWER & LIGHT COMPANY TO CITY OF RENTON
EXHIBIT 2B ��
That portion of the Northeast quarter of Section 19, Township 23
North, Range 5 East, W.M. , described as follows:
Commencing at the Southwest corner of t�ie Northeast quarter of
said Northeast quarter; thence North O1 04'08" East alon� the West
line thereof, a distance of 244.66 feet; thence South 88 55 ' 52"
East, a distance of 402. 38 feet to a point hereinafter described _
, as Point "A" , said point lying on the Westerly line of land
described in Quit Claim Deed in Exhibit "A" , recgrded under King
County Recording No. 8208270355; thence North 32 27 '09" East , a
distance of 972. 54 feet to the TRUE POINT OF BEGINNING; thence
North 22°24 '07" East, a distance of 1. 71 feet; thence So�Zth
70°57 '21" East , a distance of 6.00 feet ; thence� North 87 45 ' 13"
East, a distance of 9.97 feet; thence South 08 22 ' 19" East, a
distance of 2. 08 feet to a point on a curve having a radius of
. 31 . 50 feet and having a radial bearing of South 08°22 ' 20" East ;
thence Northwesterly along said curve through a central angle of
30°46 '27" , an arc distance of 16.92 feet to the TRUE POINT OF
BEGINNING;
Together with that portion of land described as follows :
� Commencing at the aforementioned Point "A" ; thence North '
36°47'13" East, a distance of 1, 140.08 feet to the TRUE POINT OF
� BEGINNING; then�e North 37�19'08" West, a distance of 5.00 feet;
� th�nce North 54 27 ' S6" East, a distance of 4.88 feet; thence South
C�2 37 19 '08" East, a distance 5.00 feet to a point on a curve having
Oa �adius of 7, 994.00 feet and having a radial bearing of South
� 35 33 '07" East; th�nce Southwesterly along said curve through a
� central angle of 0 02 '06" , an arc distance of 4.88 feet to the
�r TRUE POINT OF BEGINNING;
Together with that portion of land described as follows:
Commencing at the aforementioned Point "A" ; thence North 37°16 ' 13"
East, a distanc� of 1, 171. 30 feet to the TRUE POINT OF BEGINNING; '
th�nce North 34 41 ' 08" West, a distance of 5.00 feet ; th�nce North �
54 13 '07" East, a distance of 8. 39 feet; thence South 34 41 '08"
� East, a distance of 5.00 feet to a point on a curve having a
radius of 7, 994.00 feet and having a radial bearing of South
35°48 '42" East ; th�nce Southwesterly along said curve through a
central angle of 0 03 ' 36" , an arc distance of 8. 39 feet to the
TRUE POINT OF BEGINNING;
Together with that portion of land described as follows:
Commencing at the aforementioned Point "A" ; thence North 39°44 '45"
East, a distance of 1, 384. 19 feet to a point on the Northerly '
margin of South Grady Way;. said point being the TRUE POINT OF '
BEGINNING; then�e North 37�58'47" West, a distance of 5.00 feet ;
th�nce North 49 48 ' 09" East, a distance of 4. 52 feet ; thence South
37 58'47" East, a distance of 5.00 feet to a point on the
Northerly margin of said South Grady Way; said point lying on a
curve havin� a radius of 3, 779. 71 feet and having a radial bearing �
of South 40 13 ' 55" East; tl-ience Southwesterly alon� said Northerly
margin and said curve through a central angle of 0 04' 07" , an arc
distance of 4. 52 feet to the TRUE POINT OF BEGINNING;
� Together with that portion of land described as follows: ,
Commencing at the aforementioned Point "A" ; thence North 39°48 ' S0" �
East, a distance of 1, 393. 55 feet to a point on the Northerly i
margin of South Grady Way; said point being the TRUE POINT OF
BEGINNING; then�e North 38°09 '07" West, a distance of 5.00 feet ; '�
thence North 49 39 ' 25" East , a distance of 4. 72 feet ; thence South
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2-DC-3269 092987 '
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� , ' AGREEMENT AND EASEMEI�TT FOR S I DEWALK,
TRAFFIC SIGNAL AND STREET LIGHTS
PUGET SOUND POWER & LIGHT COMPANY TO CITY OF RENTON
EXHIBIT 2B (Continued)
38�09 '07" East, a distance of 5.00 feet to a point on said
Northerly margin ; said point lying on a curve having a radius of
3, 779.71 feet and having a radial bearing of South 40°22 '44" East;
thence Southwesterly along said Northerly margin and said curve
through a central angle of 00°04 ' 18" , an arc distance of 4.72 feet
to the TRUE POINT OF BEGINNING.
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