HomeMy WebLinkAboutSP-Exceptions 085_2006081700070020060817000700.LL
4'
RETURNADDRESS.
Puget Sound Energy, Inc.
Attn: ROW Department, EST-06W
PO Box 90868
Bellevue, WA 98009-9734
ATTN: K. MCGILL
ORIGINAL EASEMENT
REFERENCE #:
GRANTOR: THE BOEING COMPANY
LONGACRES PARK, INC.
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: TRACT E, BOEING LONGACRES PROPERTY
ASSESSOR'S PROPERTY TAX PARCEL:0866700400
For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid,
THE BOEING COMPANY, a Delaware corporation and Longacres Park, Inc., a Washington
corporation, (together, the "Grantor" herein), hereby conveys and warrants to PUGET SOUND
ENERGY, INC., a Washington corporation, ("Grantee" herein), for the purposes hereinafter set
forth, a nonexclusive perpetual easement over, under, along across and through the following
described real property ("Property" herein) in King County, Washington:
TRACT E, BOEING LONGACRES PROPERTY, AS RECORDED UNDER
KING COUNTY RECORDING NO. 20040108000164, RECORDS OF KING
COUNTY, WASHINGTON.
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:
THE NORTH 35 FEET OF THE EAST 25 FEET OF THE ABOVE DESCRIBED
REAL PROPERTY, LESS ANY PORTION OF THE ABOVE DESCRIBED
PROPERTY LYING WITHIN THAT CERTAIN EASEMENT RECORDED UNDER
KING COUNTY RECORDING NO. 20020301000547, RECORDS OF KING
COUNTY, WASHINGTON.
PROVIDED, that the foregoing conveyance is subject to all liens, encumbrances, leases,
easements, and right of others of record with respect to said Property and said Easement Area.
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.
UG Electric 1Ili 998
WO# 105037045/ OFN 56486
KCM
Page 1 of 7
200608170007nn_
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.
Grantee shall have the right of access to the Easement Area over and across the Property to
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.
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.
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
easement 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
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
shall, at its own expense, determine if the material is hazardous, as determined by applicable law.
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
UG Electric 11/1998
WO# 105037045 / OFN 56486
KC M
Page 2 of 7
200608170007nn_
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
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
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
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
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,
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.
UG Electric 11/1998
WO# 105037045/ OFN 56486
KCM
Page 3 of 7
20060817000700.==
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
provide for thirty (30) days advance written notice to Grantor in the event of cancellation. The
insurance provisions in this Section 8.2 may be substituted with self-insurance by the original
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: The Boeing Company
P.O. Box 3707, M/C 6R6-10
Seattle, WA. 98124-2207
Attn: Development Manager
Phone: 425-373-2100
With a Copy To: Gerald Bresslour
The Law Department
The Boeing Company
P.O. Box 3707, MIC 11-XT
Seattle, WA 98124-2207
Phone: 206-655-2405
To Grantee: Puget Sound Energy, Inc.
ROW Department, EST-06W
PO Box 90868
Bellevue, WA 98009-9734
Attn: Jennifer Mai
Phone: (425) 462-3054
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
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.
12. Covenants Running with the Land; Successors and Assigns. The terms and
conditions of this Easement shall be covenants running with the land, and shall burden and
benefit the Grantor, the Grantee, and their respective successors and assigns in interest as
owners of the Property (in the case of the Grantor and its successors and assigns) or as
grantees of the rights hereunder (in the case of the Grantee'and its successors and assigns).
Upon transfer of title to the Property by Grantor or assignment of its rights hereunder as
UG Electric 11/1998
WO# 105037045/ OFN 56486
KCM
Page 4 of 7
200608170007nn_ _- __-
grantee by Grantee, the benefits and burdens of this Agreement shall pass to the transferee,
and the transferor shall be liable only for those matters that arose during the period of such
transferor's ownership of the Property or of the rights of the Grantee, as the case may be, and
the rights and obligations of the parties shall inure to the benefit of and be binding upon their
respective successors and assigns.
DATED this day of /-\.,v Ij (&.S -� 2006.
GRANTOR:
THE BOEING COMPANY.
Stephen I Barker
TITLE: Vice President
LONGACRES PARK, INC.
M
Stephen J. Barker
TITLE: Authorized Signatory
UG Electric 11/1998
WO# 105037045/ OFN 56486
KCM
Page 5 of 7
GRANTEE:
PUGET SOUND ENERGY, INC.
B
TITLE:>(
200608170007nn_ _ _--
State of California )
�n
County of ORAHC-t- ) SS
)
On 4yWC- 167{ 2&to before me, ol"J1 S
personally appeared _ \m_P#e-4j eAAJ�f ey�'
® personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his
authorized capacities, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted,
executed the instrument.
TONI RAM WITNESS my hand and official seal.
+ COMM. # 1605622 z
•� Notary Public • Calitomia o
Orange County
M Comm. Expires Se P. 10, 2009�
(Signature of No ary Pub Vc
Notary seal, text and all notations trust be inside 1" margins
State of California )
County of Of_A-N Ge, SS _ 1
On.CuST_�<?r'loe(, before me, ?mil RG�LY�GrS'
personally appeared -_�epge-tJ� ►��>�
® personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his
authorized capacities, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted,
executed the instrument.
TOM RAAGAS WITNESS my hand and official seal.
COMM. #1605622 z
a s Notary Public - California o
Z '" Orange County
Mx Comm. Expires Sep, 10, 2009
(Signature of Notary Public)
Notary seal, text and all notations must be inside 3" margins
UG Electric 1111998
WOO 105037045 / OFN 56486
KCM
Page 6 of 7
200608170007nn_=,-•
STATE OF WASHINGTON)
) SS
COUNTY OF 40l4j }
On this IA
! }V day of 2006, before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared MQ�LIggZ MAI , to me known to be
the person who signed as &,A L- �,q.{{F. qgg* ,,��,Ft�f Puget Sound Energy, Inc., the corporation that executed
the within and foregoing instrument, and acknowledged' 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 1 she was
authorized to execute the said instrument on behalf of said Puget Sound Energy, Inc.
1N WITNESS WHEREOF I have hereunto set my hand and official se e day and year first above written.
Il
+�,� G• �'�C#i11 e of Notary)
s
!• 01 A.�iy1 {Print or stamp name of Notary}
ZZ so
o % NOTARY PUBLIC in and for the State
~ _� of f-Fta� ?J , residing at
��i��►�_�'ayp 4°�?�`.� My Appointment expires{
UG Electric 11/1998
WO# 105037045/ OFN 56486
KCM
Page 7 of 7