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RENTaN MUNICIPALBt�i, AGREEMENT AND EASEMENT FOR SANITARY SEWER
?OQ MII�AiIE��.
fiEI�TON,WA�Q55
THIS AGREEMENT made this � � day of J �� , 1987,
between PUGET SOUND POWER & LI�HT COMPANY, a Washington
corporation ( "Puget" herein) , and THE CITY OF RENTON, a municipal
corporation of King County, State of Washington ( "Grantee"
herein) ; �
WHEREAS, Puget is the owner of a strip of land known as the
Puget Sound Electric (PSE) Railway Right of Way within Section 24,
Township 23 North, Range 4 East, WM, King County, Washington, AND
WHEREAS, such strip of land is presently owned and occupied by
Puget in connection with Puget ' s electric utility operations,
( said strip being hereafter referred to as "Puget' s Property" ) ;
AND
WHEREAS, Grantee desires an easement fifteen feet (15 ' ) in
width for sanitary sewer pipeline across 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
�j 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
� Exhibit "A" attached hereto and by this reference made a part
hereof for the purposes of installing, constructing, operating,
maintaining, removing, repairing, replacing and using one (1 )
eight inch (8" ) diameter sanitary sewer pipeline and appurtenances
thereto (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 Exhibit "A" .
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 . Cost of Construction and Maintenance. Grantee shall
bear and promptly pay all costs and expenses of construction and
maintenance of the Improvements .
2. Compliance with Laws and Rules. The Grantee shall
construct, maintain and use the Improvements in accordance with
the requirements of Puget, the National Electric Safety Code and
, any statute, order, rule or regulation of any public authority
having jurisdiction.
3 . Use of the Property 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
, 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 destructiori of the Improvements directly ,or
indirectly caused by Puget' s existing or future use of Puget ' s
Property.
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4. Required Prior Notice and ApProval of Plans and
Sepcifications. Prior to any installation, alteratian,
nt ar removal af the Im rovements or any ather major
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activity by Grantee on Puget' s Property, Grantee shall give Puget
written not�ice thereof tagether with preliminary plans and
specifications for the same prior to the scheduled commencement of ,
such activity. Puget shall have the right ta require that such i
plans and specifications be madified, revised or o�herwise changed
to the extent that the final plans and specifications therefor
shall include provisions for �he protection af Puget' s facilities,
the prevention of hazardous canditions and minimum interruption to
Puget' s utility operations . No such activity shal]. be cammenced
� without Puget' s prior written appraval of the plans and
I specificatians therefor and all changes or amendments thereto,
I which appraval shall not be unreasonably withheld.
Notwithstanding the foregoing, in the event of any emergency
� requiring immediate action by Grantee for pratection of the
Improvemen�s, persons or property, Grantee may take such actian
� upon such notice to Puget as is reasonable under the
� circumstances .
�I Nothing herein sha}.l be deemed to impase any duty ar
obligation on Puget to determine the adequacy ar suf�iciency of
� the Grantee' s plans and specifications, ar to ascertain whether
� Grantee' s constructian is in conformance with the plans and
� specifications appraved by Puget.
5. Grantee' s Use and Activities. Grantee shall exercise
II its rights under this Agreement sa as ta minimize and avoid,
� insofar as possible, interference with t7ie use by Puget of its
Property for electric utility purposes and shal2 at all times
� � conduct its activities on the Easement Area so a� not to interfere
� with, ob�truct or endanger Puget' s operatians or facila.ties.
� (� Gran�.ee shall install the Improvements and canduct any other af
� � its substantial activities on Puget` s praper�.y a� may be
� � communicated to Grantee by Puget for the purpose of protecting
� � Puget' s facilities, preventing hazardous canditions and minimizing
�` interzuptions ta Puget' s utility operations .
t�?
�' 6. Coordinatzon of Activities. Grantee shall give at least
30 days advance written notice of the propased dates of its
constructian, repair and maintenance activities an Puget' s
Praperty to Puget' s South Central Division o�fice (presently
headquartered at Renton, Washington) , or such ather division
� affice of Puget as Puget may from time to time designate. Gran�.ee
shall cooperate in the revisian of such dates andfor the
', caardina�.ion of its activities with thase of Puget' s if deemed �
� necessary by Puget to minimize conflicts, insure pratectiati to
each parties facilities, prevent hazardous canditions, or minimize
' terru tion of Pu et' s o eratians. Prdvided, however, that in
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the event af an emergency requiring immediate ac�ion by Grantee
for the protection af its Improvements or ather persons or.
praperty, Grantee may take such action upon such notice ta Puget
as is reasonable under �.he circumstances .
7 . Work Standards. All work to be performed by Grantee on I
Puge�.' � Property shall be designed and canstructed so as to II
withstand the cansequences of any shart circuit of any af Puget' s
elec�ric facilities naw or hereafter installed on the Property. I
All work to be perfaxmed by Grantee an Puget ' s Property sY�all also �
be in accordance with the plans and speczfications submitted �o
and apprcaved by Puget and shall be completed in a careful and
workmaniike manner to Puget' s satisfacticrn, free af claims or
liens; however, nothing herein shall be deemed to impose a duty ar
� obligation on Puc3et with respect to the suffica.ency thereof.
Wi�haut limitatian. to the foregoing, Grantee shall exercise the
utmost caution when ccrnducting its activities in the vicinity of
any af Puget" s energized power lines in order to prevent any
contact �herewith. Upon completinn af such work Grantee shall
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2-DC-5852 070787
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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 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,
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 .
9. 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
OD such right at any time shall not waive Puget' s right to terminate
� for any future breach or default.
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� 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
(�j terminate and revert to Puget.
11 . 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
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 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 .
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. '
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2-DC-5852 070787
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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
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.
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
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
h� 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
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.
18. Assignment. Grantee shall not assign its rights I�
hereunder . 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 . \��tl�/S
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2-DC-5852 070787
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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:
CITY OF RENTON PUGET SOUND POWER & LIGHT COMPANY
BY= ��3h.LtJ�.�+.�'RLr1,C)OGT/` BY=
Niayor Director Rea Estat
ATTEST:� �''_'f����yc��
City Clerk
Da t e 7!/rJ—ff�
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
On this _� � y
1 S! da of U �- , 1987, before me, the
undersigned, personally appeared � M. K. ARTHUR, to me known to be
� the Director Real Estate 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 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.
W n2,. �
Notary blic in and for the State of
" Washington, residing at j�� � � �� /�.
My commission expires U6USf lS. l y�L�
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2-DC-5852 070787
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AGREEMENT & EASEMENT FOR SANITARY SEWER �`�� 4� � �
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PUGET SOUND POWER & LIGHT COMPANY, Grantor �-`... .> w =
THE CITY OF RENTON, Grantee ��_�;,; '�° ��
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EXHIBIT "A"
That portion of the Southwest quarter of the Northeast quarter of
Section 24, Township 23 North, Range 4 East, W.M. , King County,
Washington described as follows :
Starting at the Southwest corner of said subdivision; thence North
00°51 ' 12" East 348. 27 feet along the easterly section line to the
southerly margin of Puget Sound Power & Light Company' s (Puget
Sound Electrical Railway) right of way; thence along said
southerly margin North 77°29 ' 12" East 448.60 feet more or less, to
a point referred to hereafter as Point "A" ; thence South 34°36 ' 06"
East 16. 19 feet to the True Point of Beginning; thence North
77°29 ' 12" East 110. 16 feet to a point on a curve to the right with
a radius of 691 .82 and whose delta angle is 07°07 ' 52" ; thence
along said curve to the right an arc length of 86.10 feet to a
point of tangency; thence South 77°29 ' 12" West 200. 98 feet more or
less to the aforementioned Point "A" ; thence south 34°36 '06" East
16. 19 feet to the True Point of Beginning.
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15 DC 5851 07/07/87
� � � MEMORANDUM
To _ /�_�l Me. VvGo� r ��� �I�r/��"' Date �.
F r o m T�� ��� `— �'7' w
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�i �- CITY OF RENTON I
� FINANCE DEPARTMENT
Barbara Y. Shinpoch, Mayor Maxine E. Motor, City Clerk
July 17, 1987
Mr. Waync Bressler
Puget Fower OBC-11N '
P. o. Box 97034
Be) levue, WA g8009-9734
Subject: Turf Motel Sanitary Sewer - Puget Power Easement
Dear Mr. Bressler:
Confirming our telephone conversation, enclosed are three Agreement/Ease-
ments signed by the City of Renton for sewer extension, hand carried
to your office by Mr. Chavez.
Ptease return one fully executed document to this office for recording
with Kina County Records and Elections, Seattle. A copy will be forwarded
for your records.
Yours truly,
CITY OF RENTON
. ,,.+�J� ���-�� .
Maxine E. Motor, CMC
Ci ty Clerk
�� �-
� 200 Mill Avenue South - Renton, Washington 98055 - (206) 235-2501
�� � CITY OF RENTON
Lawrence J. Warren, City Attorney
� Daniel Kellogg - David M. Dean-Mark E. Barber - Zanetta L. Fontes -Theodore R. Parry
Assistant City Attorneys ,
July 17, 1987
TO: Bob Bergstrom
FROM: Lawrence J. Warr�n, City Attorney
RE: Puget Power Easement - Turf Motel
Dear Boba
The Agreement and Easement for Sanitary Sewer in connection with
the above-referenced matter is approved as to legal form.
Ver��uly yours,
Lawrence J. W rren
LJW/jw
cc: Mayor Shinpoch
J8. 7: 49
Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678
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�� � ` � /�y� �� � � ISSUE DATE(MM/DD/YY)
� l-'�� 07 09 87
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
• � Associated Ins. Brokers, IriC. EXTEND ORUAT ER THE CO'VERAGE F ORDED YCT E'POLIC ES BELOyy AMEND,
� P.O. Box 9160
� Tacoma, WA 98409 COMPANIES AFFORDING COVERAGE
; (206) 475-3130 COMPANY p Ins. Co, of No. America
� LETTER
� ,
; COMPANY
� INSURED LETTER � ,
= Oropel & Company, Inc. connPaNv '
� 9021 Waller Road East LETTER C
� Tacoma, WA 98446 COMPANY �
� LETTER
COMPANY �
LETTER
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THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED.
s NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OFi OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY '
BE ISSUEQ OR AAAY PERTAIN,THE INSURANCE AFFORDED BY THE POlIC1ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES. ,
CO POLICY EFFECiIVE POLICY ExPIRATION LIABILITY LIMITS IN THOUSANDS
� LTR TYPE OF INSURANCE POUCY NUMBER pATE(MMIDD/YY) DA7E(MMIDOMI pCCURRENCE AGGREGATE II
� GENERAL LIABILITY eOD�Lv ',
� COMPREHENSIVE FORM MFC-D14240019 O��ZO�H6 0��31�8� ��URY $ $
3
r PREMISES/OPERATIONS PROPEHTY
� g UNDERGROUND DAMAGE � $
� ��tR�6t�€���i�
PRODUCTS/COMPLETED OPERATIONS
X CONTRACTUAL COMB NED $ 1�OOO� $1�OOO�
� INDEPENDENT CORTRACTORS j
� BROAD FORM PROPERTY DAMAGE I
X PERSONAL INJURY PERSONAL INJURY $1�OOO�
� AUTOfAOBILE LIABILITY ��Y
INJUAY
� A X ANY AUTO MFC-D14240019 07/10/86 07/31/87 ����"� $ '
ALL OWNED AUTOS(PRN. PASS.) BODI�Y
INJURY
� ALL OWNED AUTOS�OTHER THAN� (PEA ACqDENn � li
PRIV. PASS.
HIRED AUT0.S PROPERTY
� NON-0WNED AUTOS DAMAGE $
(J GARAGE LIABILIN
? COMB NED $1 OOO II
��
i EXCESS UABILITY
� UMBRELLA FORM Bi 8 PD
� COMBINED � � II
OTHER THAN UMBRELLA fORM
� WORKERS'COMPENSATION STnrurORv �I
� AND $ (EACH ACCIDENn i
`• EMPLOYERS'UABIUTY $ (DISEASE-POLICY LIMI� I
# $ (DISEASE-EACH EMPLOYEE) I
f OTHER I
;
i
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� DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES/SPECIAL ITEMS
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Puget Power SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATIO DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Puget Power BIClg. MAIL �O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Be l levue, WA 9 8009 ��,BUT F E TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY D ON THE COMP , ITS AGENTS OR REPRESENTA�IVES.
AUTHORI EPRESE AT
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