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HomeMy WebLinkAboutA 8710221353� a , � � ,� ' , , , , _ - EXHIBIT 2 � . , . . � � • ', ` AGREEMENT AND EASEMENT FOR SIDEWALK, �� � r� TRAFFIC SIGNAL AND STREET LIGHTS �:=;� �:; fi X��~.-��-, +L. : J l� :�S THIS AGREEMENT made this /J/� day of - � �'1�38`7 �=� between PUGET��SOUND��POWER & LIGHT COMPANY, a Washington���= � � "' corporation ( Puget herein) , and CITY OF RENTON, a m��i,cipa�-, {n corporation ( "Grantee" herein) --�'=-� -- � ; .. x�- _ ~.� cao ,-�' WHEREAS, Puget is the owner of a parcel of land knta�vn as South Renton Substation; WHEREAS, such parcel of land is presently owned and occupied by Puget in connection with Puget' s electric utility operations, (said parcel being hereafter referred to as "Puget' s Property" ) ; and WHEREAS, Grantee desires an easement for sidewalk, traffic C'� signal and street lights and its appurtenances over, across, �N along, in, upon, and under Puget' s Property at a location more � specifically described herein below; � NOW THEREFORE, in consideration of Ten & 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 easement: A. A nonexclusive perpetual easement over, across, along, in, upon and under that portion of Puget' s Property described in the attached Exhibits •."2A" and "2B" for the purposes of operating, maintaining, removing, repairing, replacing and using a sidewalk as described in the attached Exhibit "2A" and traffic signal and street lights as described in the attached Exhibit "2B" (herein � the "Improvements" ) . The terms "Easement" and "Easement Area" in this instrument refer to the easement herein granted on Puget' s Property and as described on the attached Exhibits "2A" and "2B" . 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. Compliance with Laws and Rules. The Grantee shall maintain and use the Improvements in accordance with the requirements of Puget, and any statute, order, rule or regulation of any public authority having jurisdiction. 2. Use of the Property by Puget. Grantee' s rights herein shall at all tfines be subordinate to the rights of Puget as are necessary to preserve and maintain the capabilities of Puget' s Property 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 Property. Puget shall not be liable to Grantee or to Grantee' s employees, agents, or to any other party benefiting from said Improvements, for loss or injury resulting from any damage or destruction of the Improvements directly or indirectly caused by Puget' s existing or future use of Puget' s Property. 3. Required Prior Notice and Approval of Plans and �� Specifications. Prior to any installation, alteration, rxx,� :� replacement or removal of the Improvements or any other major �' � "'` �.�'� t:, !.� activity by Grantee on Puget' s Property, Grantee shall give Puge�. =' r� written notice thereof together with preliminary plans and r- �;�..:� 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, r revised or otherwise changed to the extent that the final plans �., and s ecifications therefor shall include provisions for the ;� �-£ �lLED �or Recorc�at Request oj � !-• � �: � c��� .a���na�.1 ���ISE T�le ��iT r�Fi�U�REDr� ;� Nam� �ng�.Recor�s�ivisicn ,�� F�.a Add� a v o �.► �'�-t ,c�id —.�. p ��� �i ����� �w+�r���rrw�r���� �1� p}I L �.��a � y✓1� �gQ�S� - - '6�P��2987'� _._._._,..�.- - t_........�...�......���-- , � ; ' � protection of Puget' s facilitie's, 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 Improvements, 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 ' Grantee' s construction is in conformance with the plans and specifications approved by Puget. 4. 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 utililty 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 maintain the Improvements and conduct any other of I � its activities on the Easement Area as may be communicated to � � Grantee by Puget for the purposes of protecting Puget' s � facilities, preventing hazardous conditions and minimizing � interruptions to Puget' s utility operations . � Q 5. Coordination of Activities. Grantee shall give at least �i 30 days advance written notice of the proposed dates of its � construction, repair and maintenance activities on Puget' s Property to Puget' s South Central Division 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 I, such action upon such notice to Puget as is reasonable under the circumstances . ' 6. Work Standards. All work to be performed by Grantee on the Easement Area 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 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 Property. 7. 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 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, -2- 2-DC-3269 092987 , , ` , � �� 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 expense of material and rental of equipment . 8. 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 for any future breach or default. 9. 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 . M 10. Release of Improvements 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 Improvements from Puget' s OProperty and restore the ground. � 11 . 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 the alternative, 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 . 12. 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 . 13. 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 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 bodily injury to persons or damage to property caused by or resulting from the sole negligence of Puget or Puget ' s agents or employees . � 14. Insurance. Prior to Grantee' s construction activities I 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 -3- 2-DC-3269 092987 _ . � � � general liability coverage ( including broad form contractual liability coverage) satisfactory to Puget with limits no less than the following: Bodily Injury Liability, including $1, 000,000 automobile bodily injury liability each occurrence Property Damage Liability, including $1, 000, 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; provided, Grantee may self-insure for bodily injury and property damage in such amounts as are consistent with good practice . 15 . 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. 16. Notices. Unless otherwise provided herein, notices required to b n writing under this Agreement shall be given as C� follows : Ln � 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 GD 200 Mill Avenue South Renton, WA 98055 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. ; 17. Assignment . 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 . 18. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. � 19. 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: � ', CITY OF RENTON PUGET SOUND POWER & LIGH NY I�' By: � gy; � --- I t S: (����,...� �Ju� -�u� �, �,�, /�/�/l�s � ` - � ' -4- 2-DC-3269 092987 �� � � AGREEMENT AND EASEMENT FOR SIDWALK, ' TRAFFIC SIGNAL AND STREET LIGHTS ' PUGET SOUND POWER & LIGHT COMPANY TO CITY OF RENTON STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this 2�� day of pC;� d�ti , 1987, before me, the undersigned, personally ,ppeared m,�cvy.✓ �. ��✓.�n/ to me known to be the .s�,e, y,'e�- Pl�.��'��o�nri of PUGET SOUND POWER & LIGHT COMPANY, the 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 purp ses 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. � Ps�wy' G,��rr,•� � , ' -y . . Notary Public in and for the�State of �,,' Washington, residing at ,����a�o � ^ tn � My commission expires 9- /�- �}"b � � � � � � � � � I -5- 2-DC-3269 092987 i . ' , S + . � � , ACREEMENT AND EASEMENT F4R SIDEwALK, , - • TRAFFIC SIGNAL rAND STREET LIGHTS � � ' PUGET SQUND POWER 4 LIGHT COMPANY T4 CITY OF RENTON i I EXHIBIT 2A � Ttut ttion of the �orthtsct � quarter ai Sectian 19, ?ormship 23 Narth, Range S Es�t, W.M., de�cribed ss follaWse Corru�encing at the southxest corner af the northeast quarttr of safd t►orthesst quarttr� thence N t1l°U4•08" � along LAe ve�t line ther�oi, a ltixtince of 244,�6 feet� theace S 88 SS'S2" �, a distanct of �0?.38 feet to � point on Lhe kesterly 11ne of 2an� descrlDed !n Quit C2aim DeeO !n Exh�Dit •'A", tecorded unaer King County Recording Ho. 82482�03SSt trence N �3 39'll•' E, a distance of 962.41 feet to the lntersectiaa of tne ea�terly mar�in of Talbot Rosd Extenaion xi.th tAe nortberly margin of Scutn Cr�►dy Way� saia inter�eciian Deing LAe TRUE P4Il�T QF b�GINHING; thence N �2°S2•23" li along taid taaterly margin, a diatance of 75.22 ieet to a pai�nt on a curve having a radiub of 31.Sp feet an� h�ving a xadial bearing af S 2�°l8'S6•' i�j tl�enre sautheasterly and lesvir►g said �acterly margin thraugh a �entral angle of S6°59'25", an arc di6tance of 31.33 feetj theace S �4 21•42•' E, • di�tance af 2.02 t'eet to a point on a cu�ve A:ving a sadius oi �994.80 feet and naving a radial Dearing � of S 34 22•43" �_ �hence northes6terly �►long ssid aurvr through a � ccntra�. ang,le of 2 43'3�`•� an arc distance af �80.91 feet to • point lt�. on th� nortRe=ly margin of saf� Sovth GraQy Nayj said point lyi�g on � a curve Aaving a xa�ius of 37J9.7I teet and having s rsdisl bearing � of S 99°39'20" Ef tt�ence Westexly �long said northerly margin ar�d said � curve tArough s central angle of 6 09'42", an arc distance of 40b.47' � teet to the TRUE PQINT 4F �EGINNING. � � GU I � I I � , • : �•�AGREEMENT AND EASEMENT FOR SIDEWALK, • � TRAiFIC SIGNAL AND STREET LIGHTS ' ' I � PUGET SOUND POWER & LIGHT COMPANY TO CITY OF RENTON EXHIBIT 2B �� That portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M. , described as follows: Commencing at the Southwest corner of t�ie Northeast quarter of said Northeast quarter; thence North O1 04'08" East alon� the West line thereof, a distance of 244.66 feet; thence South 88 55 ' 52" East, a distance of 402. 38 feet to a point hereinafter described _ , as Point "A" , said point lying on the Westerly line of land described in Quit Claim Deed in Exhibit "A" , recgrded under King County Recording No. 8208270355; thence North 32 27 '09" East , a distance of 972. 54 feet to the TRUE POINT OF BEGINNING; thence North 22°24 '07" East, a distance of 1. 71 feet; thence So�Zth 70°57 '21" East , a distance of 6.00 feet ; thence� North 87 45 ' 13" East, a distance of 9.97 feet; thence South 08 22 ' 19" East, a distance of 2. 08 feet to a point on a curve having a radius of . 31 . 50 feet and having a radial bearing of South 08°22 ' 20" East ; thence Northwesterly along said curve through a central angle of 30°46 '27" , an arc distance of 16.92 feet to the TRUE POINT OF BEGINNING; Together with that portion of land described as follows : � Commencing at the aforementioned Point "A" ; thence North ' 36°47'13" East, a distance of 1, 140.08 feet to the TRUE POINT OF � BEGINNING; then�e North 37�19'08" West, a distance of 5.00 feet; � th�nce North 54 27 ' S6" East, a distance of 4.88 feet; thence South C�2 37 19 '08" East, a distance 5.00 feet to a point on a curve having Oa �adius of 7, 994.00 feet and having a radial bearing of South � 35 33 '07" East; th�nce Southwesterly along said curve through a � central angle of 0 02 '06" , an arc distance of 4.88 feet to the �r TRUE POINT OF BEGINNING; Together with that portion of land described as follows: Commencing at the aforementioned Point "A" ; thence North 37°16 ' 13" East, a distanc� of 1, 171. 30 feet to the TRUE POINT OF BEGINNING; ' th�nce North 34 41 ' 08" West, a distance of 5.00 feet ; th�nce North � 54 13 '07" East, a distance of 8. 39 feet; thence South 34 41 '08" � East, a distance of 5.00 feet to a point on a curve having a radius of 7, 994.00 feet and having a radial bearing of South 35°48 '42" East ; th�nce Southwesterly along said curve through a central angle of 0 03 ' 36" , an arc distance of 8. 39 feet to the TRUE POINT OF BEGINNING; Together with that portion of land described as follows: Commencing at the aforementioned Point "A" ; thence North 39°44 '45" East, a distance of 1, 384. 19 feet to a point on the Northerly ' margin of South Grady Way;. said point being the TRUE POINT OF ' BEGINNING; then�e North 37�58'47" West, a distance of 5.00 feet ; th�nce North 49 48 ' 09" East, a distance of 4. 52 feet ; thence South 37 58'47" East, a distance of 5.00 feet to a point on the Northerly margin of said South Grady Way; said point lying on a curve havin� a radius of 3, 779. 71 feet and having a radial bearing � of South 40 13 ' 55" East; tl-ience Southwesterly alon� said Northerly margin and said curve through a central angle of 0 04' 07" , an arc distance of 4. 52 feet to the TRUE POINT OF BEGINNING; � Together with that portion of land described as follows: , Commencing at the aforementioned Point "A" ; thence North 39°48 ' S0" � East, a distance of 1, 393. 55 feet to a point on the Northerly i margin of South Grady Way; said point being the TRUE POINT OF BEGINNING; then�e North 38°09 '07" West, a distance of 5.00 feet ; '� thence North 49 39 ' 25" East , a distance of 4. 72 feet ; thence South -6- ' 2-DC-3269 092987 ' � i � , ' AGREEMENT AND EASEMEI�TT FOR S I DEWALK, TRAFFIC SIGNAL AND STREET LIGHTS PUGET SOUND POWER & LIGHT COMPANY TO CITY OF RENTON EXHIBIT 2B (Continued) 38�09 '07" East, a distance of 5.00 feet to a point on said Northerly margin ; said point lying on a curve having a radius of 3, 779.71 feet and having a radial bearing of South 40°22 '44" East; thence Southwesterly along said Northerly margin and said curve through a central angle of 00°04 ' 18" , an arc distance of 4.72 feet to the TRUE POINT OF BEGINNING. � � C7 � � C�2 O � � 00