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HomeMy WebLinkAboutSP-Exceptions 080_20020301000547RET URN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department, OBC-11N PO Box 97034 Bellevue, WA 98009-9734 KING COUNTY, WA 2002 30100 547 PUGET SOUN EN AS is 00 PAGE 001 OF 008 EASEMENT REFERENCE # GRANTOR LONGACRES PARK, INC. �— GRANTEE PUGET SOUND ENERGY, INC. SHORT LEGAL NE Section 25-23N-04E, W.M. ASSESSOR'S PROPERTY TAX PARCEL:252304-9002-09 ® For and in consideration of One Dollar ($1 00) and other valuable consideration in hand paid, c LONGACRES PARK, INC., a Washington corporation, ("Grantor" herein), hereby conveys C%, and warrants to PUGET SOUND ENERGY, INC., a Washington corporation, ("Grantee" � herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, 6" along across and through the following described real property ("Property" herein) in King County, Washington SEE EXHIBIT `A' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows A 12 foot by 30 foot parcel lying northerly and easterly within a portion of the property described in and attached as Exhibit `A'; said parcel being easterly and South of a line which is parallel with and distant 49 +/- feet from the centerline of SW 271h Street and West of a line which is parallel with and distant 46 +/- feet from the centerline of Oakesdale Avenue. Except any portion lying within the rights of way of SW 27'h Street and Oakesdale Avenue, upon extension of said roadways for public use. UG Efectnc 1111998 WO# 101005434 / OFN 28419 ses Longacres Park, Inc WO# 101005434 1 OFN 28419 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge and use the easement area for one or more underground utility systems for purposes of transmission, distribution and sale of electricity Such systems may include, but are not limited to Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity, fiber optic cable and other lines, cables and facilities for �— communications, semi -buried or ground -mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional underground facilities as it may require for such systems c�x Grantee shall have the right of access to the Easement Area over and across the Property to V11V enable Grantee to exercise its rights hereunder Grantee shall compensate Grantor for any � damage to the Property caused by the exercise of such right of access by Grantee VW 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent 4. Relocation. In the event that Grantor requires use of the Easement Area for development of permanent structure(s), within 120 days of Grantor's written notice, Grantee agrees to relocate or reconfigure Grantee's facilities to accommodate Grantor's requested use of the Easement Area, provided that Grantor agrees to pay all actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the Washington Utilities and Transportation Commission in its uniform system of accounts The Easement Area will be amended to provide the rights for the relocated or reconfigured facilities and the Amendment will be signed by both Grantor and Grantee prior to the commencement of any work Any relocation of Grantee's facilities must be compatible with Grantee's system requirements and standards 2 Longacres Park, Inc WO# 101005434 / OFN 28419 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this casement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its underground systems on the Easement Area within any period of time from the date hereof 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise r� transfer any or all of its rights, benefits, privileges and interests arising in and under this easement Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns 7. Removal of Fill Material. In the event that Grantee encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in Paragraph 1, Grantee shall cease all operations and notify Grantor If the encountered or suspected hazardous substances are not the result of the acts or omissions of Grantee, Grantor CZ shall, at its own expense, determine if the material is hazardous, as determined by applicable law C%J If the material should prove to be hazardous, then the Grantor shall, at its own expense, remove, dispose, or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, or reroute the Easement Area, if possible If hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for Grantee to use in its operation, if necessary Should the encountered or suspected material prove not to be hazardous, Grantee shall proceed with the operations at its own cost, with no recourse against the Grantor for the cost of schedule delays incurred due to the delay in operation If the encountered or suspected hazardous substances are the result of the acts or omissions of Grantee, Grantor's characterization of the substances involved and any removal, disposal or other handling costs incurred in connection with the removal, disposal or handling of the hazardous substances will be at Grantee's expense, and Grantee shall have no recourse against Grantor for the cost of schedule delays incurred due to the delay in operation Any environmental mitigation requirements imposed as a result of the exercise of any right or obligation of Grantee hereunder shall be the sole responsibility and expense of Grantee 8. Indemnity and Insurance. 8 1 Grantee agrees to release, indemnify and hold harmless Grantor, The Boeing Company (the parent corporation of Grantor), their respective corporate affiliates, and Grantor's successors or assigns in title to the Property, and their respective directors, officers, employees, agents, servants and representatives, (the "Indemnified Parties") from any and all actions, liabilities, demands, claims, suits, judgments, liens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claims"), including claims for injury to or death 3 Longacres Park, Inc WO# 101005434/ OFN 28419 of any person, loss of or damage to any property, -and costs, expenses and reasonable attorneys' fees incurred by Grantor in connection therewith (including costs in connection with establishing the right to indemnification hereunder), asserted or arising directly or indirectly from, on account of, or in connection with operation, maintenance, use, or control of the Easement Area (and improvements thereon) or presence on the Property in connection therewith of Grantee, or any agent, employee of Grantee or any contractor providing goods or services to Grantee ("Contractor") or any Contractor's personnel The foregoing is not intended to require the Grantee to indemnify the Indemnified Parties with respect to any Claim to the extent that it was caused by the active negligence or willful misconduct of the Indemnified Parties or any U-7 party other than Grantee, its employees, agents, and contractors With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW CM 4 24 115, such obligation shall apply only to the maximum extent permitted by RCW 4 24 115 Grantee expressly waives any immunity under industrial insurance whether arising from any statute or other source, to the extent of the indemnity set forth in this paragraph Provided however, that this provision is intended to be applicable to the parties to this agreement and is c� not intended to grant any rights as a third party beneficiary to any employee of Grantee and shall not be interpreted to allow an employee of Grantee to have a claim or cause of action against Grantee In the event that Grantee is successful in proving that the foregoing indemnity is limited by applicable law, Grantee shall defend, indemnify and hold harmless the Indemnitees to the full extent allowed by applicable law In no event shall Grantee's obligations hereunder be limited to the extent of any insurance available to or provided by Grantee 8 2 Grantee shall carry and maintain, and shall ensure that any Contractor carries and maintains, Commercial General liability insurance with available limits of not less than One Million Dollars ($1,000,000 00) per occurrence for bodily injury, including death, and property damage combined, One Million Dollars ($1,000,000 00) general aggregate Such insurance shall be in a form and with insurers acceptable to Grantor and shall contain coverage for all premises and operations, broad form property damage and contractual liability (including without limitation, that specifically assumed herein) Any policy which provides the insurance required under this paragraph shall (a) be endorsed to name "Longacres Park, Inc , The Boeing Company and its subsidiaries and their respective directors, officers, employees, agents, attorneys and assigns" as additional insureds (hereinafter "Additional Insured") with respect to any liability arising out of Grantee's presence on the Property (or such Contractor's presence as the case may be), (b) be endorsed to be primary to any insurance maintained by The Boeing Company or Longacres Park, Inc , (c) contain a severability of interest provision in favor of the Additional Insured and (d) contain a waiver of any rights of subrogation against the Additional Insured If licensed vehicles will be used in connection with this Easement, Grantee shall carry and maintain, and shall ensure that any Contractor who uses licensed vehicles in connection with this Easement carries and maintains, Automobile Liability insurance covering all vehicles, 4 Longacres Park, Inc WO# 1010054341 OFN 28419 whether owned, hired, rented, borrowed or otherwise, with limits of liability of not less than One Million Dollars ($1,000,000 00) per occurrence combined single limit for bodily injury and property damage Grantee shall cover or maintain, and shall ensure that any Contractor covers or maintains, insurance in accordance with the applicable laws relating to workers' compensation, with respect to all of their respective employees working on or about the Property, regardless of whether such coverage of insurance is mandatory or merely elective under the law Grantee shall not access the Property unless Grantee shall have first provided for Grantor's review and approval, a certificate of insurance reflecting full compliance with the requirements set forth herein Such certificate shall list Longacres Park, Inc as certificate holder � and shall be kept current and in compliance throughout the period of this Easement and shall for thirty (30) days advance written notice to Grantor in the event of cancellation The aprovide insurance provisions in this Section 8 2 may be substituted with self-insurance by the original �s Grantee and, with the agreement of Grantor, by any assignee or grantee of Puget Sound Energy 9. Notices. Notices required to be in writing under this Easement shall be personally served or sent by U S mail Any notice given by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U S mail, postage prepaid, address as follows To Grantor Boeing Realty Corporation P O Box 3707, M/C 1F-58 Seattle, WA 98124-2207 Attn Vice President, Development Phone 206-662-1275 With a Copy To Gerald Bresslour The Law Department The Boeing Company P 0 Box 3707, MIC 13-08 Seattle, WA 98124-2207 Phone 206-655-2405 To Grantee Puget Sound Energy, Inc ROW Department, OBC-11N PO Box 97034 Bellevue, WA 98009-9734 Attn Steve Botts Phone (425) 456-2255 5 Longacres Park, Inc WO# 1010054341 OFN 28419 Either party may change the address to which notices may be given by giving notice as above provided 10. Choice of Law. This Easement shall be governed by the laws of the Sate of Washington, exclusive of its choice of law rules 11. Complete Agreement. This Easement contains the entire agreement of the parties a_ with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein This Easement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Grantor and Grantee This Easement includes Exhibit A, which by this reference is incorporated into this Easement � DATED this day of f:W'rQ0AA 92002 CZ GRANTOR TIT C GRANTEE PUGET SOUND ENERGY, INC BY �� --I' . ? 6o J 9 r TITLE f&,, I r s fin le /Zo Longacres Park, Inc WO# 101005434 / OF 28419 STATE OF WASHINGTON) ) SS COUNTY OF On this day of� 2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commis oned an"worn, p raonally a nearedA to me known to be the person who signed as 1 Longacres ark, Inc , the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of r� Longacres Park, Inc , for the uses and purposes therein mentioned, and on oath stated that he / she was authorized to execute the said instrument on behalf of said Longacres Park, Inc s� CM IN WITN BkEOF I have hereunto set my hand and offs I seal the day and year first above written Cza r::3 CV-3. (SVe_�ne' re of Notary t cr (Print or stamp name of Notary) o NOTARY PUBLIC in and for the State c� of t A' , residing at "nv � p�pg �.4 My Appointment expires Notary seal tut an ft8f&m9nnss inuust be msidc 1 margins STATE OF WASHINGTON) ) SS COUNTY OF K t q G ) On this day of F&-b+r u-apI , 2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned andsworn, personally appeared J e--1cl i B '56T T5 , to me known to be the person who signed as Rea l -Is of Puget Sound Energy, Inc , the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Puget Sound Energy, Inc , for the uses and purposes therein mentioned, and on oath stated that he / she was authorized to execute the said instrument on behalf of said Puget Sound Energy, Inc IN WITNESS JA4KR�CW�t have hereunto set my hand and official seal the day and year first above written ON E t® S t ® g ® ! (Signature of Notary) PUBLIC (Print or stamp name of Notary) �101 tp�+' _ NOTARY PUBLIC in and for the State d 22 �•° p +t residing at lt)'454j"c ro4 %ii\ My Appointment expires q - �� a Notarysul, text and all no(Mons must be inside 1 nmrgmti 7 Longacres Park, Inc WO# 101005434 / OFN 28419 EXHIBIT A Attached to and made a part of Easement dated VgWijour l 25 , 2002, by and between r.. Longacres Park, Inc , as Grantor and Puget Sound Energy, Inc , as Grantee c=k i-, All those portions of Government Lots 10, 11, Southwest Quarter of the Northeast Quarter and the Southeast Quarter of the Northwest Quarter of Section 25, Township 23 North, Range 4 East, W M , in King County, Washington, lying north of a line parallel and 545 6 feet north, measured along the east line of said Southwest Quarter Northeast Quarter and the intersection of the East — West Quarter line of said section with the East Line of the Southwest Quarter Northeast Quarter and cast of the following described ® line Beginning at a point on the East-West Quarter Line of said Section, 60 feet east measured at right angles from the east line of Burlington Northern right of way, thence northerly 1100 feet parallel to said east right of way line of Burlington Northern to a point, thence northwesterly to a point on said east right of way line distant 289 12 feet south along said east right of way line from intersection of the Henry Meader Donation Land Claim and the said east right of way line of Burlington Northern, and end of description Except that portion thereof described as follows Beginning at the intersection of the south line of Henry Meader Donation Land Claim No 46 and the cast line of Government Lot 10, thence southerly along the said east line a distance of 255 38 feet, thence westerly on a straight line to a point on the east line of Northern Pacific Railway Company right to way 289 12 feet southerly, as measured along said right of way line from the intersection of said right of way line and the south line of said land claim, thence northerly along said east line of Northern Pacific Railway Company right of way to the south line of said land claim, thence easterly along said south lane to the point of beginning and the end of this description RE Tax Parcel No 252304-9002-09 NE 25-23N-04E, W M PSE No 101005434 / OFN 28419