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Home My WebLink AboutE 8505290676 , �, . � AGREEMENT AND EASEMENT FOR DRAINAGE CHANNEL 3,5.:��j�.�� C�F�F:, C� REC.C:� F r.;:�t�t THIS AGREEMENT made this � day of i�-{SH��L , 1985 **�*�•�� between PUGET SOUND POWER & LIGHT COMPANY, a Wash ngton S� corporation ( "Puget" herein) , and CITY OF RENTON, ( "Grantee" herein) ; WHEREAS, Puget is the owne� of a strip of land seventy-f ive (75 ) feet in width running generally East and West through the N.E. 1/4 of Section 24 , Township 23 North, Range 4 East, W.M. , King County, Washington, which 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 c.� Right of Way" ) ; and � �`� WHEREAS, Grantee desires an easement for a drainage channel across Puget' s Right of Way at a location more specifically � described herein below; � G7 � NOW THEREFORE, in consideration of Ten Dollars ($10 .00) and � othe� 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 quit- claims to Grantee the following easement: . A. A nonexclusive perpetual easement across, along, in, upon and under that portion of Puget' s Right of Way 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 drainage channel with all connections and underground appurtenances thereto (herein the "drainage channel" ) , together with the nonexclusive right of ingress to and egress from said portion of Puget' s Right of Way for the foregoing purposes; 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 following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. l . Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction and maintenance of the drainage channel . 2 . Compliance with Laws and Rules. The Grantee shall construct, maintain and use the drainage channel 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 Right of Way by Puget. Grantee' s rights herein shall at all times be subordinate to such rights of Puget as are necessary to preserve and maintai�n the capabilities of Puget' s Right of Way to be used for electric utility purposes, and nothing herein contained shall prevent or preclude Puget from undertaking construction, installation a�nd use of any electric utility facilities within Puget' s Right of Way . Puget shall not be liable to Grantee or to Grantee' s employees, agents, or to any other party benefiting from said drainage channel , for loss or injury resulting from any damage or destruction of the drainage channel directly or indirectly caused b}� Puget' s existing or future use of Puget' s Right of Way. 4 . Required Prior Notice and Approva�� o€ Plans and Specifications. Prior to any installati:on, alteration, replace- ment or removal of the drainage channel or any other major ' activity by Grantee on Puget' s Right of Way, Grantee shall give Puget written notice thereof together with preliminary plans and �� '�ft ��,�� :�� RE��ST �F ��t�a,s :4 AM-6023 32185 OffICE OF THE G�1(''`�!'K ; . G��U��,� p FIT,�r•� ��aif+�f � � [ � . 1l��.,. k��.".)�%. �i1 _ LQQ F��4`i')��. i��. � a. t,,..;u sncrz nnttc[ ,• , � , _ , specifications for the same at least six ( 6 ) weeks prior to the scheduled ccnmencement 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 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 drainage channel , 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 � Gran�ee' s construction is in conformance with the plans and � specifications approved by Puget. G� G*� 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 � Right of Way for electric utility purposes and shall at all times conduct its activities on the Easement Area so as not to inter- fere with, obstruct or endanger Puget' s operations or facilities. Grantee shall install the drainage channel 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 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 Right of Way to Puget' s South Central Division ( presently headquartered at Renton, Washington) , 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 minimize conflicts, insure protection to each party' s 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 facilities or other persons or property, Grantee may take such action upon such notice to Puget as is reasonable under the circumstances. 7 . Work Standards. All work to be performed by Grantee on P�get's Right of Way 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. 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 �� , F� *' '; �� r.t � �'(�- . - i�t�ti�:��#1JE —2— �� c� � � � � AM-6023 3-21-85 � \�itia/s ��t Sl�11 Q3A�3�'a91i facilities which Puget shall reasonably deem necessary by reason of the construction, use and maintenance of the drainage channel 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. 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 circums�ances, 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. � � 10 . Termination for Cessation of Use. In the event Grantee � ceases to use the drainage channel 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 Drainage Channel 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 fram its obligation and liability to remove the drainage channel facilities from Puget' s Right of Way and restore the ground. 12. Removal of Drainage Channel on Termination. Upon any termination of this Agreement, Grantee shall promptly remove from the Easement Area the drainage channel facilities and restore the ground to the conditions now existing or, in, the alternative, take such other mutually agreeable measures to minimize the impact of the drainage channel 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. In case of failure of Grantee to so remove the drainage channel facilities, restore the ground or take such other mutually agreed upon measures, Puget may , after reasonable notice to Grantee, remove the drainage channel facilities, 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. Grantor does not warrant title to its property, and shall not be liable for defects thereto or failure thereof. 14. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harm�ess 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 -3- AM-6023 32185 \n�t�a/S (2 ) acts and omissions of Puget in its use of the Right of Way which affect Grantee' s employees, agents, contractors, and other parties benefiting from said drainage channel; 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 Right of Way 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 51 ,000 ,000 automobile bodily injury liability each occurrence Prope_rty Damage Liability, including $1 ,000 ,000 � automobile property damage liability each occurrence � Said evidence shall be submitted on Puget' s Certificate of ¢3 Insurance standard form (which form Puget shall provide upon � request) or such other form as Puget may from time to time �,-�r 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 thereaf . 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 Puget Power Building Bellevue, WA 98009-9734 If to Grantee: City of Renton 200 Mill Avenue South Renton, WA 98055 Attn: Director Public Works 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 here- under. No assignment of the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabil- ities of Grantee herein, whether by operation of law or other- wise, shall be valid without the prior written consent of Puget. 19. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. -4- AM-6023 32185 �nitia/s . � ' • " .' , ' , 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. ACC EPTE D: CITY OF RENTON PUGET SOUND POWER & LIGHT COMPANY B y: u-1�,�.,,,�� ,�,,.,_ g y; Director Real Esta e C� , � `� STATE OF WASHINGTON ) d � ) SS . � COUNTY OF KING � ) 4 i �j � On this �Ir� day of 1"\�l , 1985 , before me, the undersigned, personally appeared WM. 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 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. WITNESS my hand and official seal hereto affixed the day and year above written. � � �t Notary public i and for �he� tate of Washington, res ' ing at `�, �;; - _ � �:' . •� ' - . ' � "� - ----- . _ - � , -- � � �- � i - �� . � '� ; � � � � � � ; F 1 -5- � F AM-6023 32185 T i i � � f '' . '� . - ' . ', • . P-1 DRAINAGE EASEMENT PUGET SOUND POWER & LIGHT CITY OF RENTON EXHIBIT "A" Legal for Permanent Drainage Easement - Puget Sound Power & Light (Tax Parcels 107 and 108) . A rectangular shaped parcel of land situate in Section 24, Township 23 North, ftange 4 East , W.M. , said parcel more particularly described as follows: Beginning at ' the Southwest corner of the Plat of Washington Technical Center as recorded in Volume 122 of Plats, pages 98 to 102. records of King County, Washington; thence along the � southerly bonndary of said plat North ??°27' 30" East a distance � of 75.21 feet to a point on the easterly line of an easement �j for proposed P-1 channel as shown on said plat ; thence southeasterly � at right angle to said line a distance of 75 feet , thence south- � westerly on a line parallel with and 75 feet southeasterly of � as measured at right angle to the southerly boundary of said � plat a distance of 193.26 feet , thence northwesterly at right angle to saicl line a distance of 75 feet ; thence North 77°27 ' 30" East a distance of 118.05 feet to the Southwest corner of said plat and the Point of Beginning. � i � �niti�/S