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� AGREEP�tENT FOR EAS�b2ENT FOR t9�TER PIPELINE � ►
VI
�1� THIS AGREEMENT made this ,2�� �'' aay of , /vt,��,�J , 1980 ().)
between PUGET SOUND PO�Y�R & LIGI�T COMPANY, a �Uashington corporation, � �,
�`� ( "Pu;et" herein) , and the CITY OF RENTON, a municipal corporation '
=� of� the State o:f �Ya,shington . ( "Grantee" herein} '
---s �VHEREAS, Puget is the owner of a :strip of land three hundred
`�' fifty (350) feet in width running generally north and south through
� a the Southwest 1/4 of Section 20, To�vnship 23 North, Range 5 East,
'-� W.It4. , King County, tiYashington, which strip of land is presently owned
- anci occupied by Puget in connection with Puget 's and Bonneville 's
� electric utility operations, (saicl strip being hereafter referred to
v'� as "Puget ' s Ra.ght of jYay" ) ; and
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�-+ �YHEREAS, Grantee desires an easement for a. water .pipeline across
�� Puget 's Right of Nay at a location more specifically describect here-
� in below; -
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NOW THEREFORE, in consideration of Ten and No/100 Dollars
� ($10.00) and other good and valuable. consideration in hand paid
-' receipt of tivhich is hereby acknowledged, and in consideration of the
�! performance by Grantee of the covenants, terms and conditions he�ein-
� after set forth, Puget hereby grants, � conveys and quitclaims to
Grantee the following easement :
A. A nonexclusive perpetual easement across, along, in, upon
and under that portion of Puget 's Right of Z9ay described� in Exhibit
� "A" attached hereto and by this reference made a part hereof, for
the purpose of installing, constructing, operating, maintaining,
removing, repairing, replacing and using a water pipeline consisting
of a cement lined ductile iron pipe, not exceeding eight inches in
-- c�i�ameter, with all connections and undergroun d appurtenances thereto
'� (herein the "j9ater Line") , together with the nonexclusive right of -
,�0 ingress to and egress from said portion of Puget `s Right of �Pay for
-�O the �ore�.ing purp�ses;
p ' The terms "Easement" and "Easement Area" in this instrument refer
� to the easement on the property described in Exhibit "A" .
� This easement is granted subject to and conditioned upon the
�ollo�ving terms, conditions and covenants �vhich Grantee hereby
promises to faithfully and fully observe and per�orm.
1•. Cost of Construction and lt4aintenance. Grantee shall bear ,
and promptly pay all eosts and e�penses of construction and mainten.ance ,
of .the YZater Line.
2. Compliance with Laws ana Rules . The Grantee shaZl construct,
maintain and use the tiVater Line in accordance with the requirements
of Pubet, the National Electric Safety Code and any statute, order, `
rule or regulation of any public authority having jurisdiction.
3. Use of the Right of �Vay 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 capa.bil.ities of Puge� 's Right
of �9ay to be used for electric utility purposes, and nothing herein
contained shall prevent or preclude Puget from undertaking construc-
tion, installation and use of any electric utility facilities tvithin
Puget 's Right of j4ay. Puget shall not be liable to Grantee or to
Grantee 's employees, agents, or to any other party benefitin� .from
said �Yater Line, for loss or injury resulting from any dama;e or
destruction of the titiater Line directly or indirectly caused by Puget 's
existing or future �use of Puget 's Right of jVay.
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9 . Required Prior Notice and Approval of Plans and (
S�ecifications. Prior to any instaliation, a�.teration, replace-
ment or remaval of the TnTater Line facilities vr any other r,lajor �
activity by Grantee on Puget's Right of Way, Grantee shall give r ,,
Puget written notice thereof together with prelirninary plans
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and specifications for the same at least six (6) months priar (�
� to the scheduled commencement of such activity. Puyet shall
have the right to require that such plans and specifications
be modified, revised or othercaise changed to the eytent that
the final plans and specifications therefor shall. include pro-
visions for the protection of Puget' s facilities, the pre-
vention of hazardous conditions and minimum interruption to
Puget `s utility operations. No such activity shall be comrnenced
• :aithout Puget 's prior written approval of the plans �and speci�5.-
cations therefor and all changes or amendments thereto, which
� approval shall not be unreasonably withheld.' Notwithstanding
� the foregoing, in the event o� any emergency requiring imme-
,t�-� diate action by Grantee for protection af �the Water Line, per-
� sons or pro.perty,_. Grantee..may..take ..such . action-:upon -such :notice- �-�-:------. --
� to Puget as is reasonable under the circumstances.
�. Nothing herein sha11 be deemed to impose any duty or
obligation on Puget to determine the adequacy or sufficiency
- of the Grantee's plans and specificati.ans, ox- to ascertain �
whether Grantee's construction is in conformance with the
plans and sp�cifi.cations approved by Puget.
5. As-Build Survey. Upon Puget's request, Grantee shall
promptly provide Puget ��ith as-built drawings and survey showin�
the location and elevations of the Water Line facilities on .
Puget's Right of T�Tay. �
6. Grantee' s Use and Actzvities. 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 �tight of �9ay for electric utility purposes and shall at�
._.. all times conduct its activities an the Easement Area so as not
to interfere wi.th, obstruc� or endanger Puget' s operations or
faciZi.ties. Gzantee shall install the P�ater Line and conduct
any other of its substantial activities on �Puget's Right of j�ay �
as may be conmunicated to Grantee by Puget for the purpose of
protecting Pu�ret's facil5.ties, preventing hazardous condi.tions
and minimizing . interruptions to Puget's utility operations.
7. Coordination of Activities. Grantee shall give at
least 3Q days advance written notice of the proposed dates of
its construction, . repair and maintenance activities on Puget`s .
Right of ti�lay to Puget's South Central Division (presently
headquartered at Renton, T�Tas�ington)�, or such other division �
of Puget as Puget may- from time to time designate. Grantee
shall cooperate in the x-evision of such dates and/or the
coordination of its activa.ties with those of Puget' s if
deemed necessary by Puget to minir,zize conflicts, insure pro-
tection to each party's facilities, prevent hazardous con-
� ditions, or minimize interruption of Puget`s operati,ons. !
Pr_ovided, hot•rever, 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 upan such notice to. Puget as is reasonable
under the circumstances.
8. Work Standards. A1.1 work to be performed by Grantee
on Puget's Rignt of �day shall be desi.gned and constructed so
� as to �va_thstand the consequences of any short circuit of any
of_ Puget' s electric facilities no�•� or hereafter installed on
the Right of I•]ay. Al1 work to be performed by Grantee on
Puget 's Righ� o� ti�1ay shall also be in accordance with the
til.ans and specifications submitted to and approved by Puget
and shall be completec� in a careful and �•rorkmanlike manner to
� Yuget' s satisfac�ion, free of claims or Iiens; ho;oever,
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' � , , , nothing herein ahall be deemed to xr�pose u duty or obliga- �
� 'tion on Puget with respect to the sufficiency thereof. t•]ith- �
out limitation to the foregoing, Grantee shall exercise the �
. u�most caution when conducting its activi.ties in the vicinity �
of any of Puget's energized power lines in order to pr_event �
any contact therewith. Upon com�Ietion of such �•�orY. Grantee
� shall remove all debris and restore the ground surface as
� nearly as possibl.e to the conditian in �rhich it ���as at the
commencement of such ��ork, and shall replace any property -
corner monurients which ��ere disturbed or destroyed duriny
construction. Grantee shall also pay to Puget a13. 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 Right of Way. .
9 . Changes and Repairs to Puyet' s Facilities . Grantee
shall promptly pay to Puget the cost of any relocat�on, alter-
ation, restoration and other changes or repairs to Puget.'s .
facilities which Puget shall reasonably deem necessary by
� reason� of the construction, use and- maintenance af-the TrTater' - -�� ' �� -� -��
Line or other activities of Grantee on Puget's property. With-�
� out limitation to the foregoing, Grantee shall promptly pay
eg- to Puget the cost of temporary raisi.ng of wires. and the
� realignin�nt or strengthening of pawer poles or towers made .
� necessary by Grantee's activities pursuant to this Agreement.
QIf Puget so requests, Grantee shal.l provide assurance of
� �payment satisfactory to Puget prior t� Puget's comm�ncement
of such work. Puget shall accomplish such changes or repairs,
subject to the availability of Iabor and materials. For the
purpose of this paragraph, "cost" shall be deiined as all. �
direct or assignable costs of materials, labor and services
including overhead, in accordance with charges fox trans- _
portation of inen, materiaT, and equipment, storage expense of -
material and rental of equipment. '_
10. Access. The Grantee shall design, construct, maintain
' -= and use its Water Line in such fashion as to permit reasonable
' -� and continuous access a?ong Puaet's Right of 1r7ay in all direc- -
tions, and in such fashion as to accammoda�e � and su�port
vehicular travel over and across the Sewer Line, including
travel by cranes an� trucks �rith heavy loads. Grantee shall.
at all times keep Puget's Right of jaay free and clear of all . -
obstructions and equipment. If� requested by Puget, the
Grantee shall make provisions for continued access by Puget
along Puget's Right of 6�ay during construction of the Water .
Line.
I1. Inspec�ors. Puget shall appoint one or several Puget
representatives who shall serve as inspectars to oversee all
work to be performed .by Grantee on Puget's Right of Way. �- �
Grantee shall not carry on any work un2ess it has given such
notice to Puget as may be reasonable in the circumstances
so as to allow for the presence of such inspector or inspectors.
Grantee and �rantee 's contractors shall promptly and fu11y .
comply with all orders anci directions of Puget 's inspectors,
including withvut limitatian, cessation of work, and Grantee 's '
construction contracts shall so provide. Grantee shall
pramptly pay Puget's charge for such inspectors. -
12. Conflict with Future Installations of Puget. In the
event that it should become necessary for Puget to install
additional electric utility facilities or other�•�ise use Puget 's
Right of t�lay and if, in the sole judqment of Puge�, the loca-
tion, existence and use of the taater Line interferes ��ith such
installation or use to th e extent that it is impracticable or
substantiallX more expensive to _accomplish stich installation
� or use, o r •that such installation or use may pose a hazard
because of th e �.ocation, existence or use of the Water Line,
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Grantee shall have the obligation to either, in Grantee' s sole �
discretion, (a) protect, modify or reloc�te the Water Line / ,.,
at the cost and expense of Grantee, so as �o remove the inter- U �
ference ar hazard to Puqet 's satisfaction, or {b) to reir�urse �
. Puget for its added costs of design, construction and installa-
tion to avoid such interference or hazarcl_ In the event Puget �
intends to undertake any such construction, Puget shall give
Grantee� reasonable. advance written notice of such intention
together with preliminary plans and specifications for suc,h
work, identifying the potential interference or hazarc� and alI
design inforrreation relating thereto. In no event shall such
notice and plans be r�quired to be given more than six months
prior to the scheduled commencem�nt of work. -
Zaithin one month after receiving such notice frorn Puget,
Grantee shall give wri.tten notice to Pug�t by which notice
Grantee wi31 elect to (a) protect, . modify or rel.ocate the
_. Water Line, or (b) reimburse Puget for its said added costs.
� If Gxantee elects to �protect, modify -or reiocate �the� Water---°�°� -- �--�� � �� ---�-
Q Line it shall comm�nce work promptly and diligently prose-
�- cute such t��ork,to completion prior to the scheduled date of _
� commencement of Puget's construction. If Grantee elects to
� pay Puget's added costs, Grantee shall give Puget satisfactor� . .
� assurance of payment of such costs at the tim� such notice of
election is gi.ven. If Grantee does not so .elect one of the
above-described op�ions by giving Puget the rec�uired notice, .
Puget shall be entitled to make such an election on behalf of
Grantee, Grantee agrees that this election shall be binding
unon Grantee and have the same effect as if made by Grantee.
If Puget so elects option (a) described herein or if Grantee
elects option (a) and fails to commence and prosecute its work
. as contemplated herein, Puget may, at its option, undertake
such work on behalf of Grantee as Puget deems necessa�y pur-
� suant to option (a) and Grantee shall prom�tly pay Puget for
all costs incurred by Puget in performing such woxk. Puget's
costs �reimbursable under this paragraph are defined as iri
- Paragraph 9 h erein.
13. 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
caithin such other p�r:iod of time as may be reasona?�le in the
ciscumstances, Puget may terminate Grantee's rights under this
Agreement in addition to and not in limitatian of any other
remedy of Puget at lau� or in equity, and the faiiure of Puget
to exercise such right at any time shall not waive Puget's
right to terminate for any future breach or default.
14. Termination for Cessation of Use. In the event Grantee
ceases to use the Water Line .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 Water' Line on Termination. No term�.nation
of this Agreement shall release Grantee from any liability or
obligation with respect ta any matter occurring prior to such
termination, nor_ shall such termination release Grantee from
its obligation and liability to remove the Water Line facilities
from Puget's Right of Way and restore the ground.
16 . Removal of Water Line on Termination. Upon any ter-
mination of this Agreement, Grantee shall promptly remove from
the. Easement Area the i�Tater Line facilities and restore the
ground to the conditian now existing ar, in the alternative,
take sucYi other mutually agreeable measures to minimize the
irnpact of •the Water Line on Puget°s Right of r�Ta�. Such work,
removal and restora�ion shall be done at the sole cost and
expense of Grantee and an a manner satisfactory to Puget.
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' In' case of failure of" Grantee to so remove the Water Line �
facilities, restore the gzound or take such other mutually �
agreed upon measures, Fuget may, after reasonable notice to . (�.� �
Grantee, remove the Water. Line facilities, restore the ground �,}
or take such measures at the expense of Grantee, and Puget
shall not be iiable therefor.
17. Third Partv Rights. Puget reserves alI xights �rith
respect to its property Xncluding, without limitation, the
right to grant easements, licenses and permits to other sub-
ject to the riahts granted in this Agreement.
18. Release and Indemnity_ Grantee does hereby. release,
_, � indemni.fy and promise to defend and save harmless Puget £rom
� and against any and all liability, loss, cost, damage, expense,
.� actions and cl.aims, including costs and reasonable attorney's
O fees incurred by Puget in defense thereof, asserted or arising
0 directly or indirectly on account of or out of (1) acts or
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Q or�ssions of Grantee� arid �Grantee's servants� � agerif"s; employees,
� and contractors in the exercise of the rights granted herein,
p� . or (2) acts and omissions of Puget in its use of the Right of
T�Tay whi�h affe.ct Grantee's employees, agents, contractors, and �
other parties benefiting from said Water Line; provided, how- � . .
� . ever, thi.s paragraph does not purport to indemnify Puqet ac�ainst
liability for damages arising out of boc�ily injury to persons
or damage to property. caused by or resulting from the sole
� ne�gligence of Puget or Puget's agents � or employees.
19 . Insurance. Prior to Grantee' s ccsnstruction activities
. or ot�er substantial activities on Puget's Right of T�Jay under
the ri.gh ts provided herein, Grantee shall submit ta 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 follo��ing: -:
-.µ Bodily Injury Liability, including $1,Q00,000
. automobile � bodily i.njury liability each accurrence
Property Damage Liability, including $1,OOO,Q00
automobile prop erty damage liability each occurrence
Said evidence shall be submitted on Puget's Certificate of
Insurance standard form (which form Puget shall pravide 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 th e period when such activities take place.
2Q. Taxes. Grantee shall promptly pay or reimburse Puget
for any taxes levied as a result of this Agreement or relating
to the Grantee`s i.mprovements constructed pursuant to this
Agreement. .
21. Title. The rights granted herein .are subject to per-
mits, leases, licenses and easements, i£ any, heretofore granted
by. Puget affecting the property subject to this Agreement. Puget
. does not ��arrant titl.e to its property and shall not be liable .
for defects thereto or failure thereof.
22. Notices. Unless otherwi.se provided herein, notices
required to be in writinU under this Agreement shall be given
as follows:
- If to Puqet : Puget Sound Power & Light. Company
Real Estate Divisian
Puget Po�•�er Building
Bellevue, tdashington 98009
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If to Grantee: City of Renton �
Department of Public tiVorks
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Notices shall be deemed effective, if mailed, upon the seconcl U,}
day followi_ng deposit thereof in the United State R4ail , postage pre-
paid, certified or registered mail , return receipt requestecl, or upon
delivery thereof if otherwise �iven. Either �arty may change the
a.dclress to which notices may be given by giving notice as above provided.
23. 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 liabilities of
.,p Grantee herein, whether by operation of law or otherwise, shall be
Qvalid without the prior written consent of Puget . .
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Q 24. Successors. The rights and obligations o� the parties
� shall inure to the benefit of and be binding upon their respective
� successors and assigns.
25. Liability. Tn 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 POjNER & LIGI�T COMPANY
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. Ly�CUtY/Wtc�� pt.�.. gy ` .
Director Real state
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� A�test o� ' ,,y��,
STAT� OF �YASH I NGTON)
) SS.
COUNTY OF KING )
On this �4� day of S'� N E , 1980� before me, the
undersigned, personally appeared WM. - .K. ARTHUR , to me known to
be the DIRECTOR- REA°L ESTATE of PUGET SOUND POtiUER & LIGHT
CO;ti�PANY, the corporation that executed the foregoing instrument , and
acknowledged 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 .
�UITNESS my hand and official seal hereto a�fixed the day and
year above. written. .
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Notary ?ublic in and or the State of
. Wa�hington, residing at L��n v�w��c9
'%''�'.; , '�v - ^ ' 'i���Li it� ��'�1.��� �t �l.L`�..`3t �;'
C T'Y CLERK
RENTON MUNICIPAL BL�,
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RENTON, WASH. 98055
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STATE OF I�JASHINGTON) r �,
) SS. ��'
COWi TY OF KING ) U`�
. On this o?/� day of__�i3�'7 , 19:��F before �
me, t e undersi ned, ersonally appea d
�r6sc� �,�t ' oC � c�r�s Q , . .
to me known to b the �- �
of the CITY OF RENTON, th mu cipa corpor tion that executed
the foregoing instrument, and acknowledged the saicl instrument
to be the_ free and voluntary act and deed of said municipal
corporation, for the uses and purposes ther�in mentioned, and
� on oath stated that he is authorized to execute said instrument.
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OTnIITNESS my harid and officiaT seal hereto atfixed the day
� and year first above written. ,���- _ ,
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Notary Public in and for t �t e of
' Washington, residing at "
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EXHIBIT "A" '
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LEGAL DESCRIPTION - WATER LINE EASEMENT �
A STRIP OF LAND 15 FEET IN WIDTH BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 20,
TOWNSHIP 23 NORTH, RANGE 5 EAST, IN KING COUNTY, WASHINGTON. SAID STRiP �IES 5 FEET
NORTHERLY AND 10 FEET SOUTHERLY OF THE FOLLOWING DESCRIBED U NE: �
COMMENCING AT THE SUUTH QUARTER CORNER OF SAID SECTION, THENCE S87°09' 18"W A DISTRNCE OF
162.44 FEET TO A POINT ON THE SOUTHWESTERIY MARGIN OF PllGET POWER RIGHT OF WAY; THENCE
N42°36' T2"W A DISTANCE OF 47.50 FEET TO THE TRUE POINT OF BEGINNING, THENCE N86°57'40"E
A DISTANCE OF 28.89 FfET, THENCE N64°07' 12"E A DIS7ANCE OF 271.00 FEET; THENCE N49°10'00"E
A aIS7ANCE OF 95.00 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY MARGIN OF THE
PUGET POWER RtGHT OF WAY AND THE TERMINUS OF SAfD LINE.
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�� �r 1 . ALTERNATE P I PE. A�L.L WATER MA I N P I PE 70 BE CEMENT L I NED DUCT I LE I RON P I PE ��j"�i �/�
i CONFORMING TO ASA SPEC 'S A21-6-1 9 7 0 A N D/O R A 2 1 -8-1 9 7 0� C L A S S 2 2� (P I P E) ; \ �
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� A21-1 (PIPE STRENGTH) ; AND A21-A 1964 (LINING AND SEALING) . THE PIPE WILL \ �b,��i � ,
. \ \�/�/ BE PUSH-ON OR MECHANICAL JOINT. BEDDING TO BE CLASS C. �
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� 2. ALL FITTINGS TO BE CAST IRON, CLASS 250, CONFORMING TO ASA SPEC. A-21-10-1977, ���/
� � FITTING JOINTS TO BE FLANGED OR MECHANICAL .101NTS. \ ' �.�---�--
�/ �A- 7-�`14
,� � CDf1�1EGr ���N �
�. ALL 8" WATER MAIN MUST MAINTAIN'�36" MINIMUM COVER TO FINISHED GRADE. A1�t— \ �� O ��� ,y.
\ 12 WATER MAII� WILL MAtNTAIN S4 MINIMUM COVER, WHERE UTILITY COtdFLICT �AUTIDI I ' � `� � T
' OCCUR, WATER MAINS WILL BE LOWERED TO CLEARANCE REQUIRED,
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4. ALL WATER MAINS SHALL BE PRESSURE TESTED AND OISINFECTED IN ACCORDANCE WITH � � � '� � �
� THE SPECIFICATIONS OF THE CITY OF RENTON ,AND THE WASHINGTON STATE HEALTH /� � � �� `��� `
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\ DEPARTMENT. ALL PRESSURE TESTING SHALL BE'�,DONE IN THE PRESENCE OF A j� /�`} ,� \
� REPRE`SENTATIVE OF THE CITY OF RENTON, ALL 1�1AINS TO BE STERILIZED PRIOR TO
I . ' PLACING LINES INTO SERVICE. ALL 8" MAINS WIL1� BE PRESSURE TESTED TO 300 � �
I ' \ PSI ; 12" MAINS WILL BE TESTED TO 250 PSI . �/ �t� -���`--7t-.U�
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