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� � .-��� .'�' �,'"... AGREEMENT �'OR EASEiMENT FOR SANITARY SEW�R PIPELINE
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��" "� Jo� �° � THIS AGREEMENT made this���� day of N�vPmhPr • l��g�
``t � � �,�� ween PUGET SOUND PO�aER & LIGHT CONlPANY, a Washinc�ton corpara- I
��rP����Z�;����, on, ("Puget" herein) , and the CITY OF RENTON, a mtanicipal
� , corporation of the State o� t�lashingtan ("Grantee" h�rein) ;
' t�1I�iEREAS, Puget is the owner of a strip c�f land two hun-
I dred {200} feet in width running generally nc�rth and, south
�hrough the 5outheast 1/4 of Section 8, Town��hip 23 North,
Ftange 5 East, t9e M. , King Caunty, Washingtan, which strip of
' land is presently owned and occugied by Puget; in connection
with Puget's el�ctric utility operations, (s�iid strip being
� hereafter refer�ed to a� "Puget's Right of W�y") ; .and -
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� 17HEREAS, G�`antee d'esires an easement for a sanitary sewer
� pipeline across Puget's Right of Way at a loc:ati.on �.ore specifi-
� ca12y described hereinhelow;
� NOW THEREFORE, in consideration• of Ten �nd Noj100 Dc�llars
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($1Q.04� and ather good and valuable consider.atian in hand paid
receipt of which is hereby acknow�edged, and in cansideratian
of the performance by Grantee of the covenants, terms and con- �
ditians hereinafter set forth, Puget h�reby c�rants, conveys
and quitciaims to Grantee the foll.owing easements:
� A, A nonexc2usive perpetual easement ac,ross, along, i.n,
upon and urider that partion of Fuget' s Right of Way described
II a.�i Exhibit "A" attached Y�ereto and by this r�fereiice �r�ade a
part hereof, for the purpose af installing, constructing,
operatirig, maintaining, removing, repairing, replaci.z�g and
j using a sanitary sewer pipeline cpnsisting of a concrete
pipe, no� exceeding eight ir�ches in diameter, with all con-
nections, manhoies and underground appurtenances th�;reto '�
� {herein •whe "Secaer Line"} , together with the nonexclusive
right of ingres:� to and egr�ss from said portion af �uget's
Righ�. of Way for the foregc��.ng purposes;
The terms "Easement" a�d "Easement Area" in this instru-
' rment refer to the easement on the property described in E�ibit
��A��. ,
This easement is grant�d sub�ect �.o and conditiorted upon
the follawi.ng terms, condita�ons arid covenants which Grantee
hereby promises to faithful2y and fully abserve and perform.
� l. Cost of Constr�c�.ion and l�iaintenance. Grantee shall
bear and prompt?y pay a 1 costs and exr�enses 'af construction
and main�enance of the :�ewer Line:
2. Cam�liance wit''� Laws and Rule:s. The Grantee shall con-
StTUGt� ma�nta�.n an us� the SE�wer Lin� in accordance with the
� requirements of Puget, the k1at��ona1 El�ctric Safety Cade and
any statute, order, rule ar� ree�ulation of any public authority
having jurisdiction. .
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3. Use of the Right of �r7ay by Puget. Grar�tee 's rights
herein shall at all ts.mes be subordinate ta such rights of
Puget as are necessary to pzeserve and maintain the capabil-
ities af Puget's Right af Way to be used for electric utility
purposes, and nothing herein contained shall prevent or pre- I
clude Puget from undertaking construction, installation and use �
of any eleetric utility facilities within Puget's Right of Way.
Puget shall nat be 3iable to Grantee ar to Grantee's emplayees, ,
agents�, or to any other par�y ,benefiting from said Sewer Line, �
for loss or i�a�ur�. r�-su3.ting fram any damage or destruc�ion of
the Sewer Line directly or indirectly caused by Puget's existing '
or future use of Puget' s Right af I•Jay.
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4 . Required Prior Notice and Approval of Plans and
' Specifica�ions. Prior to any insta ation, alteratian, replace-
� � ment or removal of the Sewer Line facilities or any other major
activity by Gran�ee on Puget's Right o� Way, Grantee shall give
Puget wri�ten notice thereof together with preliminary plans
and specificatioiis for the same at least six (6) months prior
to the scheduled commencement of such activity. Puget shall
have the �ight to require that such plans and specifications
be modifi�d, revised or otherwise changed to the extent that
the final plans and specifications therefor shall include pro-
visions fc�r the protection of Puget's facilities, the pre- :
vention o:� hazardous conditions and minimum interruption to
Puget 's utility operations. No such activity shall be commenced
without Puget 's prior written approval �f the plans and specifi-
� cations tl�erefor and all changes or amendments thereto, which
� approval :;hall not be unreasonably withheld. Notwithstanding
the foregc�ing, in the event of any emergency requiring imme-
diate act}.on by Grantee for protection ��f the Sewer Line, per-
sons or pxoperty, Grantee may take such action upon such notice
to Puget �s is reasonable under the circumstances.
� Nothi.ng 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 ascextain
N whether Grantee s construction is in conformance with the
� plans and specifications approved by Puget.
�. 5. As-Build_ Survey. Upon Puget's request, Grantee shall
promptly provide Puget with as-built drawings and survey showing
the location and elevations of the Sewer Line facilities on
Puget 's Right of �aay. �
6. Grantee' s Use and Activities. Grantee shall exercise
its rights under this Agreement so as to minimize and avoid,
insofar as possible, interferenc�e with the use by Puget of
its Right of �9ay for electrie ut.ility 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 Sewer Line and conduct
any other of its substantial activities on Puget 's Right of Way
as may be communicated to Grantee by Puget for the purpose of
�rotecting Puget's facilities, preventing hazardous conditions �
and minimizing interruptions to Puget's utility operations.
• 7. Coordination of Activities. Grantee shall give at
least 30 days a vance written notice of the proposed dates of
its construction, repair and maintenance activities on Puget's
Right of Way to Puget's South, Central Division (presently
headquartered at Renton, T.aashington) , or such other division
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 ininimize conflicts, insure pro-
tection to each party's facil�.ties, prevent hazardous con-
ditions, or minimize interruption o� Puget's operations. -
Provided, however, that in the event of an emergency requir-
ing immediate action by Grantee for �the protection of its
facilities or other persons or property, Grantee may take
such action upon such notice to Puget as is reasonable
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under the circumstances.
8. Work Standards. All work to be performed by Grantee
on Puget's Right of t�ay shall be designed and constructed so
as to withstand the consequences of any short circuit of any
of Puget' s electric facilitie� now or hereafter installed on
the Right of taay. AI1 work tq be performed by Grantee on
Puget's Right of Way shall also be in accordance with the
plans and s�ecifications subm�.tted 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,
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� nothing herein shall be deemed to impose a d�ty or obliga-
tion on Puget with respect to the sufficiency thereof. With-
out limitation to the foregoing, Grantee shall exercise the
utmost caution when conduct�ng its : activities in the vicinity
of any of Puget's energized power lines in order to �revent
any contact therewith. Upon completion of such work Grantee
shall remove al� debris and restote the ground surface as
nearly as possible to the conditipn in which it was �t the
commencement of such work, �nd sh�ll replace any pro�erty -
corner monurient� which ��ere; disturbed or destroyed d�ring
construc{:ion. C7rantee shall also pay to Puget all of. Puget 's
costs necessary to re-establish destroyed survey refarences
and hubs establi.shed by Puget in conjunction with an� survey
for new �acilitr.es on Puge�' s Right of Way.
9. Changes and Repairs to Puget' s Facilities. Grantee
shall promptly pay to Puget the cost of any relocati�n, a2ter-
ation, restoration and �ther ch anges or repairs to Puget's
f acilities whicr Puget shall reasona.bly deem necessary by
reason ob the c�nstruction, use ar�d maintenance of the Sewer
Line or other a�tivities of Grantee on Puget's prope�ty. With-
� out limitation to the foregoing, Grantee shall promp�ly pay
to Puget the co�t of tempor�ry raising of wires and �he
prealignmen� or �trengthening of power poles or towers made
00 ' , o his A reement.
necessary by Grantee s activities ,pursuant t t g
N If Puget so req�ests, Grantee sha�l provide assuranc� of
Cpayment satisfac:tory to Puget prior to Puget's commencement
� of such work. Fuget shall accomp�.ish such changes or repairs,
subject �to the a.vailability ' of la}aor and materials. For the
purpose of this paragraph, "'cost° shall be defined a� all
direct or assigr�able costs of materials, labor and s�rvices
including overhead, in accordance `with charges for trans-
portation of inen, material, . and equipment, st�orage expense of
material and rental of equipment: ` ,
- 10. Access. The Grantee shall design, c��nstruct, maintain
and use its Sewer Line in such fashion as to �aermit reasonable
and continuous access along Pugetrs Right ot �nTay in all direc- �
' tions, and in such fashion as to accomanodate ,�nd support
vehicular travel over and across the Sewer Line, incZuding '
travel by cranes and trucks with heavy loads. Grantee shall
at all times keep Puget' s R�.ght o� Way free ar�d clear of all
obstructions an d equipment. ' If requested by :Puget, the
Grantee shall make provisior�s for 'continued access by Puget
• along Puget' s Right of Way c�uring -construction of the Sewer
. Zine.
11. Inspectors. Puget shall appo.int one or several Puget
representatives who shall serve as inspectors to oversee all
work to be performed by Grar�tee on Puget 's Right of Way.
Grantee shal�l not carry on �ny work unless it has given such
notice to Puget as may be reasonable in the circumstances
so as to allow for the presence o£ such inspector or inspectors.
Grantee and Grantee 's contractors shall promptly and fully
comply with all orders and clirections of Puget 's inspectors,
including without limitaLior�, cessation of work, and Grantee 's
construction contracts shal�; so provide. Grantee shall
promptly pay Puget's charge fo r such inspectors.
12. Conflict with Futuze Installations of Puget. In the
� � event that it should become `necessary for Puget to install
additional electric utility facilities or otherwise use Puget 's
Right of taay and if, in the sole judgment of Puget, the loca-
tion, existence and use of �he Sewer Line interferes with such
installation or use to the �xtent that it is �impracticable or
substantially more expensiv� to a�complish such installation
or use, or that such instal�.ation ;or use may pose a hazard
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because of the location, existence or use of the Sewer Line,
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Grantee shall have the obligation to either, in Grantee's sole
; discretion, (a) protect, modify or relocate the Sewer Line
at the cost and expense of �rantee, so as to remove the inter-
ference or hazard to Puget `s satisfaction, or (b) to reimburse
Puget for its a�ded costs of design, construc�ion and installa-
tion to avoid sUch interfer�nce or hazard. I� the e��ent Puget
intends to undertake any su�h construction, Puget shall give
Grantee reasonable advance written notice of such intention
together with prelimina�y p�ans and specifica�ions f�r such
work, idFntifying the po�ent�al interference o� hazard and all
design information rela�ing thereto. In no ev�nt sh�ll such
notice and plans be reg°aired to be given more than six months
prior to the scheduled commencement of work.
ZaitPiin one month after receiving such no�ice from Puget,
Grantee shall give writ�en notice to Puget by which notice
Grantee will elect to (a) protect, modify or �elocat� the
� Sewer Li�e, or (b) reimburse Puget for its said added costs.
' If Grantee elects to protec�, mod'ify or relocate the Sewer
Line it �hall cQmmence ��ork 'promptly and diligently prose-
cute suc� work to compl�tion prior to the scheduled date of
commencement of Puget's construct'ion. If Grantee elects to
� � pay Puget's added costsp Grantee shall give Puget satisfactory
ap assurance of payment of such costs at the time such r�otice of
�O election is given. If Grantee does not so elect one of the
N above-de�cribed options by �iving Puget the required notice,
� N Puget sh�ll be entitled to make such an election on hehalf of
� Grantee, Grantee agrees tha� this election shall be �inding
r, u�on Grantee and have the same effect as if made by �rantee.
�f Puget �o el�cts option (a) des�ribed her�in or if Grantee
�le�ts option (a) and fails °to commence and prosecut� its work
as contemplated herein, Puget may, at its option, unc.ertake
such work on behalf of Grantee as Puget deems necessary pur-
suant to option (a) and Grantee s�all promptly pay PL�get for
� all costs incurred by Puget `in performing such work. Puget 's
costs reimbursable under th�s paragraph are defined a.s in
Paragraph 9 herein. -
13. Termination for Br�ach. In the event Grant�e breaches
or fails to perform or obsexve any of the terms and �onditions
herein, an d fails to cure such breach or default within. ninety
(90) days of Puget's giving �Grantee written notice thereof, or
within such other pe�iod of time as may be reasonable in the
, circumstances, Puget may te�r►inate 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 exe rcise such right at a�y time sha].1 not waive Puget's
right to terminate for any future brearh or default.
14. Termination for Cessation of Use. In the event Grantee
ceases to use the Sewer Lin� for a period of five (5) successive
years, this Agreement and all Grantee' s rights hereunder shall
terminate and revert to Puget.
15. Release of Sewer Line 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 Sewer Line facilities
' from Puget's Right of Way and restore the ground.
16. Removal of Sewer Line on Termination. Upon any ter-
mination of this Agreement, Grantee shall promptly remove from
the Easement Area the Sewer Line facilities and restore the
ground to the condition now existi�g or, in the alternative,
take such other mutually agreeable measures to minimize the �
impact of the Sewer Line on Puget's Right of Way. Such work,
removal and restoration shall be done at the sole cost and
expense of Grantee and in a manner satisfactory to Puget.
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In case of fail�re of Grantee to so remove the 5ewer Line
facilities, restore the graund or take such other mutually
; agreed upon measures, Puget�may, aft�r reasonable notice ta
Grantee, remove the Sewer L�ne fa�ilities, restare the ground
or take such measures at th� expense af Grantee, and Puget
shall not be liable therefax. �
17. Third Party Rights. Puget reserves a11 rigrits with
respect to its proper�y including, without limitation, the
righ� to grant easements, licenses and permits to other sub-
ject ta the rights gran�ed �n this Agreement. I
18. Re3ease and Indemnity. Grantee daes" hereby release,
indemnify and promise ta defend and sa�e harmless Puget fram
and against any and all liability, �os� , cost, damage, expense,
actions and claims, including costs and reasonab3e attorney's
fees incurred by Puget in defense thereof, asserted ar arising
directly or indirectly on account of or out .of (1) acts or
.� omissions of Grantee and Grantee's servants, agents, employees,
� and cantractors in the exercise of the rights granted herein,
� or {2) acts and omissions of Pu�et in its use of the Right of
�p Way which affect Grantea 's empl�yees, agents, contractors, and
tNv other parties benefiting from s�id Sewer Line; provided, how-
� ever, this paragraph does no� purport to indem�nify Puget against
�. liability �or damages arising out of bodily injury to persons
t�'• or damage to property caused by ar� resulting fram the sole
ne�gligence of Puget or Puge�'s �gents or employees.
19 . Insurance. Prior to Grantee' s construction ac�ivities
or ather substantial activities on ;Puget's Right of '�ay under
the rights pravided herein, Grantee shall submit to Puget
evidence that Grantee or Grantee 's contractors has obtained
comprehensive general liabil�ty coverage {including braad
form contractual liabiZity coverage) satisfactory to Puget
with limits no less than the following:
Bodily Injury Liability, �including $1, 00� ,Q00 -
automobile bodily injury liability each occurrence
Property Damage Liabili�y, inc3uding � $1,00Q,Od0
automobile p.roperty damage liability each occurrence
Said evidenc�s sha13 be s�zbmitted an Puget's Certificate of
Insurance standar� farrn (whi�h form Puget shall provide upon
, request) or such o�her form as Puge� may from time to time
app rove.
� Said coverage shall be maintained by Grantee ar Grantee 's
�I contrac�ors during the periad when such activities take place.
20. Taxes. Grantee shall promptly pay or reimburse Puget
far any taxes levied as a result of: this Agreement or re2ating
ta the Grantee's improvements constr�cted pursuant to this
I Agreement.
s
, 21. Ti�.le. The rights granted herein are subject ta per- �
znits , 2eases, licenses and ea�ements , if any, heretofore granted
by Puget affecting the property subject to this Agreement. Puget
does nat warrant title ta its, property and shall nat be liable
� for defec�s thereta or failure ther�o�. .
- 22. No�ices. Unless atherwise provided herein, notices
required to be in writing und�r this Agreement shall be given 'I
as follows: , .
�� If to Fuget : Puget Sound Power & Light Company
Real �EstatQ Divisian
I Puge� Power• Building
Bellevue, Washin ton 98a0g
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If to Grantee: City of Renton
. Department of Public �Vorks
I Notices shall be deemed effective, if mailed, upon the I,
second day following deposit thereof in the United States Mail,
postage prepaid , �ertified or registered mail, return receipt •
requested, or upon delivc�ry thereof if otherwise given. EithPr
. party may change the addYess to which notices may be given by
giving notice as above provided.
23. Assignment. Grantee shall not assign its rights
hereunder. No assignmen� of the privileges and� benefits accru-
ing to Grantee herein, and no as�signment of the oblig,�tions or
liabilities of Grantee h��rein, whether by operation o;E law or
otherwise, shall be vali�3 without the prior written c�nsent of
Puget. -
24. Successors. Th� righ ts and obligations of t�e parties
shall inure to the benefit of and be binding upon their respec-
tive successors and assigns.
�7'�
� 25. Liability. In �he event of any assignment of the rights
� hereunder, the liability of Grantee and its assignees shall be
� joint and several.
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N EXCUTED as of the date hereinabove set forth.
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ACCEPTED:
CITY OF RENTON PUGET SOUND P06VER & �,IGHT CO:�I.PANY
� -� �� %� � , •
By� ! �'LL�G -C�'���-�-�:. _ B
anag r-Real Estate vision
Charles Delaurent' Mayor
At te s t: ���%.�-��Q ��L:e-�-�
Maxine �E Motor, Deputy City Clerk
STATE OF �9ASHINGTON)
) SS.
COUNTY OF KING )
� On this ���" day of FebYv.ar.� , 197�, before me, the
undersigned, personally appeared LESL�E A. DONNER, to me known
to be the Manager-Real Estate Division of PUGET SOUND POWER &
LIGHT COr��,1VY, the corporation that executed the foregoing
instrument, and acknowledged' sai� 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 ins�.rument .
�aITNESS my hand and off�.cial seal hereto affir,ed the day
and year above written.
. /��'G-� �� L�'O�l�U
Notary Public in an for the State of
taashington, residing at Lyrhw�� �Q
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STATE OF �i7ASHINGTON)
) SS.
COUNTY OF KING )
On this ' %i�� day of_ \�)S�C p�rn��•� � , 1978, before
� me, the undersigne , personally appeared �G�,,�P<, -, . �;.\,a.�t�•r,� � �>ra
l-1ax�V�V. �^ r ..� ` .
to me known to be the M�. �,, ' r�, �,, ,�' �, � �� k
of the CITY OF RENTON, the municipal co_po ati��n that executed
the foregoing instrument, anc� acknowledged the said ir.strument
to be the free and voluntary act and deed of s�id municipal
corporation, for the uses and purposes therein mentior.;ed, and
on oath stated that he is authorized to execut�� said instrument.
Tn1ITNESS my hand and official seal hereto ��ffixed the day
and year first above written.
� � ���L�� � Ir� ���Jl..(;��1 .
� Nqtary Public in ancl for the Stat� of
pW�shingtan, residinc� at �•��.�s�
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EXHIBIT "A"
A strip �f land 1Q feet wide lying 5 feet on �ach siae of the
following described centerline�
Beginning said centerline at a point an the southeasterly mar- I
gin r�f Bronson Way Northeast, said poin� being 5 feet north- I
easterly �rom the southwesterly margin of Puget Sounc�. Power I
& Light Caznpany's 200 foot wide transmission line right of way; i
thence southeasterly along a line drawn paral].el and 5 feet
adjacent to the said southwesterly margi.n of Puget Sound
Power & Light Company's transmission line right af way to a
point on the northwesterly marcin of Northeas� 4th Street
and the terrninus of said centex'line.
Except any portion lying within. Windsar Way Nartheast.
b'
tJ� Al2 lying within the sou�.h 450 feet af the �outheast 1J4 of
Q the Southeast I/4 of. Section 8, Township 23 North, Range 5
��p East, rn1.M.
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