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HomeMy WebLinkAboutA 8606191088 �s t � r _� ' ' • �:3r.?'�ti�,.��.'� ���.£'1�`�' �� t 't ` � � � ti . ..�?�#M�;t, � �.�a��# - .. . . ,.�,.>,...�;���"�"f�r�. �.�}�r���.�#� AGREEMENT AND EA�EMENT FOR ROADWAY, SIDEWALK & UTILITIES THIS AGREEMENT made this ���-.�t day of ����„ , 19$6 , between PUGET SOUND POWER & LIGHT COMPANY, a Washington carporation C"Puget" herein) , and CITY OF RENTON, a municipal corporation ("Grantee" herein) ; WHEREAS, Puget is the owner of a strip of land twa hundred fifty { 250) feet in width situated in the Nar�heast quarter and Southeast quarter of Section 19 and the Northwest quarter and Southwest quarter of Section 20 , Township 23 North, Range 5 East, W.M. , Ring Caunty, Washington, and WE3EREAS, such strip af land is presently awned and occupied by Puget in connection with Puget' s electric utility operations, tsaid strip being hereafter referred ta as "Puget' s Property" ) ; � and O -- WHEREAS, Grantee desires an easement for sidewalk and utility Q` purposes acrass Puget' s Property at a location more specifically �,p described herein belaw; O '� NOW THEREFORE, in consideration af Two Hundred & NO/100 � Dollars t$200.00) and other good and valuable cansideration in hand paid receipt of which is hereby acknowledged, and in consideratian af the performance by Grantee af the covenants, terms and canditions hereinafter se� forthi Puget hereb_y grants, conveys and quitclaims to Grantee the following easement: A. A nonexclusive perpetual easement over, across, along, in, upon and under that portian of Fuget' s Property described in Exhibit "A" attached hereto and by this reference made a �part hereof far the purposes af a_nstalling, constrvctinq , operatingr maintaining, remaving, repairing , replacing and using roadway, sidewalk and utili�ies and appurtenances thereto (herein the ��Impravements" ) . The terms "Easement" and "Easement Area" in this instrument refer to the easement herein granted an Puget' s Property and as described an the attached Exhibit "A" . This Easement is granted subject to and conditianed upon the following terms, conditions and covenants which Grantee hereby pramises to faith€ully and fully observe and per�orm. l, Cost of Construction and Maintenance, Grantee shall bear and promptly pay all cas�s and expenses of construction and maintenance of the Improvements. 2. Compliance with Laws and Rules. The Grantee shall construc� , maintain and use the Improvements in accordance with the requi.rements af Puget, the National Electric Safety Code and any statute, order, rule or regulation of any public authority havirtg jurisdiction. 3. Use of the Property by :Puget. Grantee" s rights herein shall at a11 times be subardinate ta such righ�s of Puget as are necessary to preserve and maintain the capabilities of Puget' s Froperty ta be used for e2ectric utility purposes, and nothing herein ecan�ained shall prevent or preciude Puget frflm undertaking construction, insta2lation and use of any e3ec�ric utility facilities within Puget" s Property, Puget shall not be liable ta Grantee ar to Grantee' s employees, agents, or to any other party benefi�ing from said Impravements, far loss ar injury resulting � �rom any damage or destruction of the Impravements directly or indirectly caused by Puget' s existing or future use of Puget' s Property. ����� �1DR �c���RD �� �,i��i�i �� � �ti��s <I ��9�E�f'�G4�!CL�n: RFNiON MUNICIPAL BLDG. , . �Q�Wa� _1� 13-DC-3271 031986 ,� , � , , . � , ` r . � � , . . � . •• r• 4. Required Prior Notice and A proval of Plans and Sepcifications. Prior to any installation, alteration, replacement or removal of the Improvements or any other major activity by Grantee on Puget' s Property, Grantee shall give Puget � written notice thereof together with preliminary plans and specifications for the same at least six (6) weeks 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 i:�terr�ption ta Puge*' s �!�ility 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 Improvements, persons or property, Grantee may take such action upon such notice to Puqet 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 � Grantee' s construction is in conformance with the plans and � specifications approved by Puget. O � 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 Property for electric utility purposes and shall at all times conduct its activities on the Easement Area so as not to interfere with, obstruct or endanger Puget' s operations or facilities. Grantee shall install the Improvements and conduct any other of its substantial activities on Puget' s property 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 I Property to Puget' s South Central Divis�on office (presently headquartered at Renton, Washington) , or such other division office 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 parties 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 Improvements or other persons or property, Grantee may take such action upon such notice to Puget as is reasonable under the circu�mstances. 7. Work Standards. Al1 work to be performed by Grantee on Puget' s Property 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 Property. All work to be performed by Grantee on Puget' s Property 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 �ri�tla/S -2- 13-DC-3271 031986 � ' r ,' � , , . °� , a . ' _ , , .. , I 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 Property. 8. Changes and Repairs to Pu et'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 Improvements 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, 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 ' 0 expense of material and rental of equipment. � 9. Termination for Breach. In the event Grantee breaches �D or fails to perform or observe any of the terms and conditions p herein, and fails to cure such breach or default within ninety I I � (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 Lerminate Grantee' s rights ur�der 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 Improvements 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 Improvements on Termination. No termination �ii 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 Improvements from Puget' s Property and restore the ground. 12. Removal of Improvements on Termination. Upon any termination of this Agreement , Grantee shall promptly remove from the Easement Area its Improvements and restore the ground to the condition now existing or, in t;�e alternativz, take such other mutually agreeable measures to minimize the impact of the � Improvements on Puget' s Property. 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 its Improvements, restore the ground or take such other mutually agreed upon measures, Puget may, after reasonable notice to Grantee, remove Grantee' s Improvements, 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. `r`t+a�s -3- 13-DC-3271 031986 � . , , , 14. 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 i 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 Puget' s Property which affect Grantee' s employees, agents, contractors, and other parties benefiting from said Improvements; provided, however, this paragraph does not purport to indemnify Puget against liability for damages arising out of bo��?y 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 Property 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 ap the following: O � Bodily Injury Liability, including $1 ,000,000 — automobile bodily injury liability each occurrence �D � � Property Damage Liability, including $1 ,000 ,000 � automobile property damage liability each occurrence aid v' ' I S e idence shall be submitted on Puget s Certificate of Insurance standard form (which form Puget shal.l 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; 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 thereof. , 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 OBC-11N ' P.O. Box 97034 Bellevue, WA 98009-9734 If to Grantee: City of Renton , 200 Mill Avenue South � Renton, WA 98055 'I 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 givin_q notice as above provided. 18 . 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 �ri�tia/s liabilities of Grantee herein, whether by operation of law or � otherwise, shall be valid without the prior written consent of � Puget. -4- ' ; 13-DC-3271 031986 . � , , .. ,u . .� tl , � . . . . ,` 19. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. � 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. ACCEPTED: I CITY OF RENTON PUGET SOUND POWER & LIGHT COMPANY BY= _y���� ��+zti�,�i-� BY: - Director Real Est e I t s: }����,_ (�o�.,rs�re.rzr � � � O "�'�i p ,. ib��1.+J I �I _ r� n.R4';4 f r �' � '. l ,�'� ' �q rt��j'p xj,'� �y � •5 i� _ i,�� ^.;, 0 STATE OF WASHINGTON ) �, �,,, � `�. ;: _ � / ��7• �(�5 fy.v p,.c.� yF. � COUNTY OF KING ) �` ,.�' �'•.�'�. ,.,,, On this 30'� day of � �c:� , 1986 , before me, the'<��'���E•�`'•A��°��-�'.' ,,,��. �f .. . ��, �,'3r�'� �. undersigned, personally appeared WM. K. ARTHUR, to me known�'�.o°�„�����`�' ,���' ��,Aa����ds�5�t . the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, th�����,� corporation that executed the foregoing instrument, and acknowleged 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. � � � Notary Public in nd for, the Stat� of Washington, residing at �y.n.r.v�r� � -5- 13-DC-3271 031986 r • . ,. Ey ' r • •, � . q • ` n r �� � � '� � b AGREEMENT AND EASEMENT FOR ROADWAY, SIDEWALK AND UTILITIES PUGET SOUND POWER & LIGHT COMPANY TO CITY OF RENTON EXHIBIT "A" A parcel of land situated in Sections 19 and 20, Township 23 � North, Range S East, W.M. more particularly described as follows: Beginning at the intersection of the northeasterly right-of-way line of Puget Drive South and the easterly right-of-way line of Talbot Road South. Thence North 2°53' 17" East along the easterly right-of-way line of said Talbot Road South, a distance of 38 . 16 feet; Thence southeasterly along a curve to the left with a radius of 40.00 feet, a distance of 70. 53 feet; � Thence along a curve to the right with a radius of 470.�82 feet , a I' � distance of 342.80 feet, said curve being 4 feet distance from, measured radially, to the northerly right-of-way line of said Q` Puget Drive South; • p Thence South 55°37 ' 18" West 4 .00 feet radially to the northerly � right-of-way line of Puget Drive South; Thence northwesterly along said margin 371.89 feet more or less to the True Point of Beginning. Situated in King County, Washington. Containing 1 ,712.92 square feet. . ,.-. !�...� Q am' �_., `� ..�._ �� - �n ...� . ¢,,,, - ...�_ :_.. ...s - .- � � � y ts :� v:u L:J�-�.. U � ```=Y' tes ''�' � oC � ?-�-�? � �� I � \tic��s -6- 13-DC-3271 031986 f' • �i � .. - . . . . OF R�� � � ,y � o PUBLIC WORKS DEPARTMENT �r , z DESIGN/UTILITY ENGINEERING � 235-2631 p � � MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 9,0 �• o9�TF� SEP���O�P BARBARA Y. SHINPOCH June 5, 1986 MAYOR MEMORANDUM T0: Maxine Motor � FROM: Don Monaghan SUBJECT: Puget/�Talbot/�Benson Right Turn Easement Would you please arrange for the recording of the attached document and � charge to the following account # 317/089/015.541 .20.67.39. , Thank you. ' U �'�------ Don :ckd Attachment �