HomeMy WebLinkAboutLA 7512190486 •
i
AGREEMENT AND EASEMENT FOR SANITARY SEWER PIPELINE
THIS AGREEMENT made this 15134day of OECer1BeR , 1975,
between PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation, ("Puget"
herein) , and the CITY OF RENTON, a municipal corporation of the State of
Washington ("Grantee" herein) ;
WHEREAS, Puget is the owner of a strip of land 100 feet in width running
north and south through the Northwest 1/4 of Section 25, Township 33 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
00 operations (said strip being hereafter referred to as "Puget's Right of Way") ; and
O
U" WHEREAS, Grantee desires an easement for a sanitary sewer pipeline across
N Puget's Right of Way at a location more specifically'described hereinbelow; -
Ln NOW THEREFORE, in consideration of Ten and 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
easements:
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, con-
structing, operating, maintaining, removing, repairing, replacing and using
a sanitary sewer pipeline consisting of a concrete pipe, not exceeding 8 inches
in diameter, with all connections, manholes and underground appurtenances thereto
(herein the "Sewer Line") , 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.
1. Cost of Construction and Maintenance. Grantee shall bear and promptly
pay all costs and expenses of construction and maintenance of the Sewer Line.
2. Compliance with Laws and Rules. The Grantee shall construct, maintain
and use the Sewer Line 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
maintain 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 and 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 Sewer Line, for
loss or injury resulting from any damage or destruction of the Sewer Line directly
or indirectly caused by Puget's.existing or future use sof Puget's Right of Way.
4. Required Prior Notice and Approval of Plans and Specifications. Prior to
any installation, alteration, replacement or removal of the Sewer Line facilities
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 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, 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.
•
w J
• '
Notwithstanding the foregoing, in the event of any emergency requiring immediate
action by Grantee for the protection of the Sewer Line, 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 specifica-
tions, or to ascertain whether Grantee's construction is in conformance with
the plans and specifications approved by Puget.
5. As-Built 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 Way.
6. Grantee's Use and Activities. Grantee shall exercise its rights under
OD
this Agreement so as to minimize and avoid, insofar as possible, interference
O 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
N 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 in accordance with such additional or other specific
and reasonable requirements, conditions and specifications applicable to
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.
7. 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.
8. Work Standards. All work to be performed by Grantee on Puget's Right
of Way 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 Right of Way. All work to be performed by Grantee on Puget'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. 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 Right of Way.
9. 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 Sewer Line 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, subj,ect. 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 men, material,
and equipment, storage expense of material and rental of equipment.
- 2 -
•
f
10. Access. The Grantee shall design, construct, maintain and use its
Sewer Line in such fashion as to permit reasonable and continuous access along
Puget's Right of Way in all directions, and in such fashion as to accommodate
and support vehicular travel over and across the Sewer Line, including travel
by cranes and trucks with heavy loads. Grantee shall at all times keep Puget's
Right of Way 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 Way during construction of the Sewer Line.
11. Inspectors. Puget shall appoint one or several Puget representatives
who shall serve as inspectors to oversee all work to be performed by Grantee
on Puget's Right of Way. Grantee shall not carry on any work unless 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 Grantee's
contractors shall promptly and fully comply with all orders and directions of
•.D Puget's inspectors, including without limitation, cessation of work, and Grantee's
ODv. construction contracts shall so provide. Grantee shall promptly pay Puget's
O charge for such inspectors.
101
N 12. Conflict with Future 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 Way and if, in the sole judgment of Puget, the
location, existence and use of the Sewer Line interferes with such installation
or use to the extent that it is impracticable or substantially more expensive to
accomplish such installation or use, or that such installation or use may pose a
hazard because of the location, existence or use of the Sewer Line, 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 Grantee, so as to remove
the interference or hazard to Puget's satisfaction, or (b) to reimburse Puget
for its added costs of design, construction and installation to avoid such
interference or hazard. 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 such work,
identifying the potential interference or hazard and all design information
relating thereto. In no event shall such notice and plans be required to be
required to be given more than six months prior to the scheduled conunencement
of work.
Within one month after receiving such notice from Puget, Grantee shall give
written notice to Puget by which notice Grantee will elect to (a) protect, modify
or relocate the Sewer Line, or (b) reimburse Puget for its said added costs. If
Grantee elects to protect, modify or relocate the Sewer Line it shall commence
work promptly and diligently prosecute such work 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 satisfactory assurance of
payment of such costs at the time such notice of election is given. If Grantee
does not so elect one of the above-described options by giving Puget the required
notice, Puget shall be entitled to make such an election on behalf of Grantee,
Grantee agrees that this election shall be binding upon 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 necessary pursuant to option (a) and Grantee shall promptly
pay Puget for all costs incurred by Puget in performing such work. Puget's
costs reimbursable under this paragraph are defined as in Paragraph 9 herein.
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 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 fur any future breach or default.
14. Termination for Cessation of Use. In the event Grantee ceases to use
the Sewer Line for a period of five (5) successive years, this Agreement and
all Grantee's rights hereunder shall terminate and revert to Puget.
- 3 -
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 termination of this
Agreement, Grantee shall promptly remove from the Easement Area the Sewer Line
facilities and restore the ground to the condition now existing or, in the alter-
native, 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 satis-
factory to Puget. In case of failure of Grantee so to remove the Sewer Line
facilities, restore the ground or take such other mutually agreed upon measures,
Puget may, after reasonable notice to Grantee, remove the Sewer Line facilities,
restore the ground or take such measures at the expense of Grantee, and Puget
shall not be liable therefor.
op
Nr
C717. Third Party Rights. Puget reserves all rights with respect to its
property including, without limitation, the right to grant easements, licenses
N and permits to others subject to the rights granted in this Agreement.
lll 18. 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
the Right of Way which affect Grantee's employees, agents, contractors, and
other parties benefiting from said Sewer Line; 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.
19. 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 $500,000
automobile bodily injury liability each occurrence
Property Damage Liability, including $500,000
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.
20. Taxes. Grantee shall promptly pay or reimburse Puget for any taxes
levied as a result of this Agreement or relating to the Grantee's improvements
constructed pursuant to this Agreement.
21. 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.
22. 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 Division
P. 0. Box 868
Bellevue, Washington 98009
If to Grantee: City of Renton
Department of Public Works
- 4 -
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.
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 Grantee herein, whether by
operation of law or otherwise, shall be valid without the prior written consent
of Puget.
24. Successors. The rights and obligations of the parties shall inure to
the benefit of and be binding upon their respective successors and assigns.
25. Liability. In the event of any assignment of the rights hereunder,
the liability of Grantee and its assignees shall be joint and several.
04000 EXECUTED as of the date hereinabove set forth.
CD
Cr, ACCEPTED:
CV
In CITY OF RENTON PUGET SOUND POWER F LIGHT COMPANY
By
/�
anag Real Estate D ision
Title //e. ��i ./.7-r-e70-t----•
STATE OF WASHINGTON )
) SS.
COUNTY OF KING
On this /6 )1 day of Qcptj-e/Z , 19 7f, before ni -
the undersigned, personally appeared LESLIE A. DONNER, to me known to be the '
Manager, Real Estate Division, of PUGET SOUND POWER $ LIGHT COMPANY, the corporaUpn ;.
that executed the foregoing instrument, and acknowledged said instrument to Ui/! '
the free and voluntary act and deed of said corporation, for the uses and rpcsos -,%
therein mentioned, and on oath stated that he is authorized to execute the- 4a .'v -
ins trument. a Jf Ign ,; °'
WITNESS my hand and official seal hereto affixed the day and year *v 'C/' 0
written. 4'%s;,.4#`°
Y11
*(4Pie
Notary Public in and of r le State of Washing tori;'
residing at de,pie1,,,,em(
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
On this day of , 19 , before me, the under-
signed, personally appeared , to me
known to be the , of the CITY OF RENTON, the municipal
corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said municipal corporation,
for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
Notary Public in and for the State of Washington,
residing at
- 5 -
•..' E)ck ; 6;4- •A• •
IVIIURRAY-MicCiaiTifilCK, INC. '!
in 44-
ENGINEERING • PLANNING • LAND SURVEYS
Job No. 05-447-02
Sewer Easement Description June 18, 1975
That portion of the N.W. 1/4, Sec. 25, Township 23 North, Range 5 East, W.M. ,
King County Washington, lying 5.00 feet perpendicularly distant northwesterly
and 10.00 feet perpendicularly distant southeasterly from the following
described centerline and its production thereof.
Beginning at the intersection of the south boundary of the city of
OD Seattle's Bow Lake pipeline right-of-way and the west boundary of a Puget
CD Sound Power and Light right-of-way as recorded under King County Auditor's
CY File Nos. 2629432 and 2644020; thence S1°13'24"E and following the west
CU boundary of said right-of-way 3.70 feet to the true POINT OF BEGINNING; thence
N62°46'18"E 1.07.00 feet more or less to the east boundary of said Puget Power
In right-of way. •
•
1309-114TH AVENUE,B.E.. SUITE 318/BELLEVUE. WASHINGTON 98004/20B-455-7552
• ' - Job No.
.,
, ..
D
. .
Survey for •
.67?ZeL/4/6 r..)N 4/4P77/E-4:74/
i NJ
. •ae ..0 _,..,.."
-- .
.-- &----- --------,-----
:
. ,
_
. .AJ SCALE /"=20'
lk .
Legal Description:
..•4,,,,,:,.•'
/1a,-.-heo/ .5heeit
I
, —
,,.
-. • ; .
I 1 .
\k
\
.i
i ‘
t •
t , \
,,,• D
• cr-, N .
I
\\\\
\
I
, k ,
.. ,
, -
: . \- ....
Vi O\1 \
1 -
1 \ cr.\ )i
-•
• ; :: ,,‘ --A 1
:, ..
\
*../..177A,7,7,7\• 4(..- .t::, ; \
.4e :), # ' N cz>\
. t•-.t,
/ ,p7fk::-_/ 9 i s...."
\
/ of r,- 1 cic:'1,•-•
i
)
,-•
_......„", ,
_
I
.8•afria,ee'• !<!---.5.67
ecier:-
I 1%,behi7e tr)
Field THE MURRAY-McCORMICK MN
ENVIRONMENTAL GROUP elig
Office A2A-0.
ECOSYSTEMS ANALYSIS•PLANNING•LANO SURVEYS ENGINEERING .
Checked 1309 114th Ave. S.E. , Suite 316
•
Property Bellevue, WA 98004.
Corners 5206-4557852
.' Date a/1.4/,:r 7.0
• .
.. .._ - . ..000111MIIIMIIMIIIIIMIIIIMs... .=;
-7.1111111111111.111M.M.11111111----+ -
k
RECORDED
k.)r
......F.EOU
1915 un 19 1$1 44
•
elLED for Record at Request al
t) REcTo.‘
„„oerzlea,4144/...._ ELECTI°
c_D REGORDS
G cCUNt?,
OFFICE OF THE TY CLERK
98055
rt
.REATITAZILAUgagQ-UajoiRa.,„mosimove•
200 MILL AVE. SOUTH
(\,2
spepowa,"4441114riaLI.0,
.r •
•
• , _