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' - AGREEMEN'TJ AND EASEMENT FOR WATER P�:�_-�LINE
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�-� � • THIS AGREEMENT made:.th.i.s �� � day of Fr b-��� ��,,_. 1988, �
� between PUGET SOUND POWER & LIGHT COMPANY, a Was �ngton I
; corporation ( "Puget" herein) , � and CITY OF RENTON, a municipal '
: corporatian ( "Grantee" 'herein} ; ,
� WHEREAS, Puget is the owner of a parcel af lan8 in the West
half of the Northeast quarter of Section 20, Township 23 North,
'�: Range 5 East, W.M. , King County, Washington, and
�� WHEREAS, such parcel of land is presently owned and occupied
by Puget in connection with Puget' s e7.ectric utility operations,
I� (said parcel being hereafter referred to as "Puget ' s Property" } ;
and
I,
WHEREAS, Grantee aesires an easement for water pipeline
� purposes z�cross Fuget' s Property at a Iocation mare specifica2ly
! described herein belaw;
I
� � NOW THEREF4RE, in consideration of Ten & Noj100 Dollars
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� ($1U.00) and other good and valuable consideratian in hand paid
�� lf� receipt of which is hereby aeknowledged, and in consideration of
I � the perfoxmance by Grantee of the covenants, terms and conditions
I N hereinafter set forth, Puget hereby conveys and quitclaims to
�N Grantee the follawing easement:
I � e etual easement over, across, along,
� �p A. A nonexclusive p rp
in, upon ana under that portion o£ Puget' s Property described in
II Exhibit "A" attached hereta and by this reference made a part
hereof for the purposes of installing, constructing, operating,
� maintaining, removing, repairing, replacing and using a twelve
� (12" � inch diameter water pipeline and apputtenances thereta
(hezein the "Improvements" � .
The terms "Easement" and "Easement Area" in this instrument
refer to the easement herein granted on Puget' s Property anc� as
II: �i t!
described on the attached Exhibit A .
, This Easement is granted subject to and conditioned upon the
,, following terms, conditions and covenants which Grantee hereby
� promises to faithfully and fu12y observe and perform.
1. Cost of Construction ancl Maintenance. Grantee shall
'�, bear and promptly gay all casts and expenses of construction anc3
� maintenance of the Improvements, including a wat�r pipeline stub
to serve Puget 's aajacent property known as Tax Lot 152, in
Section 20, Township 23 North, Range 5 East, W.M. , in King
County, Washingtan.
2. Com Iiance with Laws and Rules. The Grantee shall
construct, maintain an use the Improvements in accordance with
the requixements of Puget, the National Electr�c Safety Code and
any statute, order, rule or regulation of any public autharity
having jurisaiction.
3. Use of the Pro�ert� by Puget . Grantee' s rights herein
shall at all times be subardinate to such rights of Puget as are
necessary to preserve and maintain the capabilities af puget' s
, Pxoperty to be used for electric uti2ity purposes, and nathing
herein contained shall prevent or preclude Puget fram undertaking
construction, installation and use of any electric utility
facilities within Puget' s Property. Puget sha11 not be liable to
Grantee or to Grantee' s employees, agents, or to any ather party
benefiting from said Improvements, far lass ar injury resulting
from any damage or destruction of the Improvements directly or
indirectly caused by Puget' s existing or future use oE Puget ` s
Property. �gr02�'2q #'-�"�1�� q
RE�:C� F 1�►.���
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FlLED FOR R��aRD �n„ R�QES��i �»: ��
PUGET POJ'JEC EX�i�� T.��{ I��'��` R�(���RED
REAL ESTA7E D1Vi51�N �';y CQ.F�UCi�rCi�Divis�on �ttieis
�u�Er Qow�a a�nc. . . ..,�. _
8�l1EVUE. WASHlN4Tt�N 8800g .. : � ` , Deputy iY"
ATTENTION DAVI� A. YASLTD�i �1� 13-AC-3271 t312888
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� � � 4. = Required Pr�ior Natice and Approval ai��-�lans and �
r� ' S�cifications. Prioz ta any installatian, alteration�
�, replacement ar removal af the Improvements or any other majar I
activity by Gran�ee on Puget `s Property, Gzantee shall give Puget I
written notice thereof togethez with preliminary plans and
. specifications foz the same prior to the scheduled commencement of
, such activity. Puget shall have the right ta require that such
. plans and specifications be moaified, revised or otherwise changed
. to the extent that the fina2 p2ans and specifications therefor
� shall inc2ude 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 priar written approval of the plans and
specifications therefor and all changes ar amendments thereto,
which appraval shall not be unreasonably withheld.
Notwithstanding the foregaing, in the event of any emergency
requiring immediate action by Grantee for protection of t�e
Im ravements ersons or ra ezt , Grantee ma take such actian
P , P P P Y Y
upon such notfce ta Puget as is reasonable unaer the
circumstances.
Nothing herein shall be deemed to impose any duty or
'� obligation on Puget ta 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.
5. Grantee' s Use anci Activities. Grantee shall exercise
, � its rights under th�.s Agreement so as to minimize and avaid,
� insofar as possible, interference with the use by Puget of its
Q Property for eleetric utility purpases and shall at all times
conduct its activities on the Easement Area so as not to interfere
Nwith, abstruct or endanger Puget's operations or facilities.
� Grantee sha1Z install the Improvements and conduct any other of
its substantial activities on Puget` s praperty as may be
�,�p communicated to Grantee by Puget for the purpose of protecting
Puget's facilities, preventing hazardous conditions and mxnimizing
interruptions to Puget' s utility operatians.
6. Caordination of Activities. Grantee shali give at least
30 days advance wr�tten not�.ce of the proposed dates of its
construction, repair and maintenance activities on Puget' s
Property ta Puget ' s South Central Division office (presently
headquartered at Renton, Washington) , ar such other division
office of Puget as Puget may from time ta time designate. Grantee
sha12 coaperate in the revision of such dates and/or the
coordinatian of its activities with thase of Puget` s if deemed
necessary by Puget to minimize conflicts, insure pratection to
each parties faciiities, prevent hazardous conditians, or minimize
interruption of Puget's operations. Pravided, however, that in
� the event of an emergency reguiring immediate action by Grantee
for the protection of its Improvements or other persons or
property, Grantee may take such actian upon such notice to Puget
as is reasonable under the circumstances.
7. Woa�k StanBards. All work to be performed by Grantee on
Puget' s Property shall. be designed and canstructed so as to
withstand the consequences of any short circuit of any of Puget' s
� electric facilities now or hereafter installed on the Pzoperty.
All work to be performed by Grantee an Puget' s Property sha12 also
be in accordance with the plans and speci.ficatians 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 c3eemed to impose a duty or
obligation on Puget with respect to the sufficiency thereof.
� Withaut Iimitation to the foregoing, Grantee shall exercise the
utmost caution when conducting its activities in the vicinity of
any af Puget' s energized power lines in arder ta prevent any
� contact therewith. Upan completion of such wark Grantee shali
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13-DC-3271 t?2288$
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• remave �11 c�ebris a�ria� resLc�ze the gzound surfac.�' d5 near2y as A
` � ' possible to the condition in which it was at Lhe commencemeni of
such work, and sh�►11 replace any property corner monuments which I
were disturbed or destroyed during constructian. Grantee shall
' also pay. to Puget all of Fuget' s costs necessary to re-establish
destroyed survey references and hubs established by Puget in
� conjunction with any survey for new facilities on Purget`s
� � � Praperty.
,
� 8. Changes and Repairs ta Pu,�et'�s.,Facilities. Grantee
shall promptly pay to Puget the cost of any xelocatian,
alteration, restora�ion and ather changes or repairs ta Puget' s
facil�.ties which Puget shall reasonably deem necessary by reason
of the constructian, 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 �owers made necessary by Grantee' s
activities pursuant ta this Agreement. If Fuget ao 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 ta the availability of
laboz and materials. For the purpose of this garagraph, "cost"
shall be defined as all direct or assignable costs of materials,
labor and services including overheaa, in accordance with charges
for transportation of inen, material, and equipment, storage
� expense of material and rental of eguipment .
9. Terminatian for Breach. In the event Grantee bzeaches
or fails to per orm or observe any of the terms and conditions
II Q herein, and fails to cure such bzeach or �efault within ninety
i � (90} days of Puget's giving Grantee written natice thereof, ar
: p within such other period of time as may be reasonable in the
I � circumstances, Puget may terminate Gzantee' s rights under this
N Agzeement in additian to and not in limitation of any other remedy
IO of Puget at law or in equity, and the failure of Fuget to exercise
�3 such right at any time shall nat waive Puget' s right to terminate
I � for any future breach oar default.
10. Termination for Cessatian of Use. In the event Grantee
� ceases to use the Impravements for a perioci of five {5) successive
years, this Agreement and all Grantee' s rights hereunder shall
terminate and revert to Puget. �
11. Release of Improvements an Termination. No termination
of this Agreement shall release Grantee from any liability or
; abligation with respect to any matter occurring prior to such
termination, nor shall such termination ze2ease Grantee from its
ob2igation and 2iability ta remove the Improvements from Puget.' s
Property and restore the ground.
12. Removal of Impravements 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 naw existing or, in the alternative, take such other
mutually agreeable measures to minimize the impact af the
Improvements an Puget' s Property. Such work, removal and
restoratian shall be done at the sole cost and expense of Grantee
and in a manner satisfactary to Puget. In case of failure of
Grantee to so remove its Zmpravements, 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, ar�d Fuget shall not be liable therefor.
i
I3. Third Party Rights. Puget reserves all rights with
respect to its property including, without limitation, the right
to grant easements, iicenses and permits to others subject to the
; rights granted in this Agzeement.
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I3-DC-3271 Oi2888
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� 14`. Release aria` Indemnity. Grantee daes�.:ereby release,
inaemnify anct promise to de end and save harmless Puget from and
against any and all liability, loss, cost, dc-am+�ger expense,
actians and claims+ including costs and reasonable attorney' s fees
' incurred by Fuget in defense thereof, asserted or arising directly
� or indirectly on accoUnt of or out of (1 ) acts or omissions of
' Grantee ana Grantee' s servants, agents, employees, ana contractors
in the exercise of the rights grantea herein, or {2} acts and
omissions of Puget in its use of Puget' s Property which affect
Grantee' s emplayees, agents, contractors, ana other parties
�;= benefiting fxom said Improvements; provided, however, this
paragraph does not purport ta indemnify Fuget against liability
for damages arising out of bodi2y injury to persons or damage to
property caused by or resulting fram the sole negligence of Puget
or Puget' s agents or employees.
I
�: 15. Title. The rig'hts granted herein are sub3ect 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
�I liable for defects thereto or failure Lhereof.
16. Natices. Unless otherwise provided herein, notices
required to b n writing under this Agreement shall be given as
' follows :
If to Puget: P�get Souna Power & Light Company
, Real Estate Department OBC-11N
P.O. Box 9�034
', Bellevue, WA 98009-97'34
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� If to GranLee: City af Renton
O
200 Mill Avenue South
. � Renton, WA $8Q55
ONotices shall be deemed effective, if mailed, upon the second
� day follawing 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 adaress to which notices may be given by giving notice
as above provided.
1?. Assignment. Grantee shall rlat 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 ogeratican of law or
atherwise, shall be valid withaut the priar written consent of
Puget.
18. Successars. The rights and obligations of the parties
shail 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 shal]. be
joint and several.
iEXECUTED as of the date hereinabove set forth.
ACCEPTED:
CITY OF RENTON PUGET SOUND POWER & LIGHT COMPANY
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13-DC-3 2'T 1 012888
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, . • .AGR�:EMEN'�" AND EASEMENI��FOR WATER PIPELINE �'�--�`
PUGFT SOUND FOWER & LIGHT CQMPANY
, CITY OF RENTON
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• STATE C1F WASHINGTi�N ) j�'�'
} SS.
COUNTY UF KING }
On this _r�.` day of Y�a�(t�xlt{ , 1988, before me, the
�—"`—' to me known to be the
� a eared R. B. BOYD,
undersigned, personally pp
Manager Real Estate of PU
GET SOUND POWER & LIGHT COMPANY, the
corporation that executed the foregoing instrument, and
acknowle ed said instrument to be the free ana voluntary act and
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` deed of said corporation, for the uses ana purposes therein
mentianed, and on oath statea that he is authorized to execute the
said instrument.
� WITNESS my hand and afficial seal hereto affixed the day and
year above written.
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� Notafy Public and for ��vtate o
�*,,,�„i Washington, re i ing at
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� AGREEMENT AND EASEMENT FOR WATER PIPELINE �
PUGET SOUND POWER & LICHT TO CITY OF RENTON I
' Exhibit "A"
, That portion of a 15 foot wide strip of land having ?=54 feet of
such width measured perpendicular to both sides: situated in the
West half of the Northeast quarter of Section 20, Township 23
� Narth, . Range 5 East, W.M. , King County, Was'hington, lyi.ng westerly
� of the City of Sea�tle Cedar River Pipeline right-af--way and
j Southerly of the Sautherly boundary of the City af Renton' s Arnaid
� Park., said strip being described as follows:
Commenci.ng at the point of intersection of the centerline of Grant
Ave. S. , with the South line of the Fuget Saund Power � Light
Company Zntermauntain Power Line No. 2 from wh�ch a point of
curvature an said Gra$L Ave, S. bears Sauth 44 Q2 ' 35" East 489.55
feet; thence North 86 00' 15" East, along said South line, a
distance of 382.�2 feet; thence Sauth 09°11 '09" East a distance of
25.. 57 feet, to �he True Paint of Beginning of said centerline;
thence North 8p 48` 51" East, along said centerline, a distance of
� 143.84 feet; thence N$rth 60°14"45" East a distance of 799.�8
� � feet; thence Narth 70 22 ' 24" East, along the extension of and
i North line of the Puget Power Shuff2eton 2 and 2 right-of-way, a
i � distance of 338.69 feet; th�nce North 19°3? ' 36" West a distance of
C} 14.?9 feet, the$ce North 29 45' 15" West a distance of 45.00 feet;
� thence Nozth 60 14 '45" East a distance of 73.?9 feet, to the East
CV line af City of Seattle Cedar River Pipe Line Eaaement and the
� terminus of said centerline.
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19-DC-32�8 122487
RC ,
�i �— CITY OF RENTON
� PUBLIC WORKS DEPARTMENT
Earl Clymer, Mayor Richard C. Houghton, Director
MEMORANDUM February 12, �9ss
T0: Maxine Motor, City Clerk
FROM: Bob Bergstrom, Public Works
SUBJECT: Parker PUD Water Easements from Puget Power
Please find 4 copies of the Puget Power Easements for execution. The City
Attorney's review and resolution of his concerns is complete.
Please return the 4 copies to me for transmittal to Puget Power.
� � __
i Robert E. Bergstrom
2D. 15.6.02/REB:ckd
Attachment
��
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CRY t1� R�NTO
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�I CITY CLEPK'S OFfICE '
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200 Mill Avenue South - Renton, Washington 98055 - (206) 235-2569
•� CITY OF RENTON
�� �
Lawrence J. Warren, City Attorney
� Daniel Kellogg - David M. Dean-Mark E. Barber -Zanetta L. Fontes -Theodore R. Parry
Assistant City Attorneys
February 10, 1988 ,
T0: Bob BergstroM, Engineering Supervisor
FROM : Lawrence J. Warren, City Attorney
RE: Parker PUD - Easements for Water/Sewer Across
Puget Power Property - Revision #2
Dear Bob:
Subject to the points of interest raised in my January 8, 1988
memo, these documents are approved as to legal form.
•.,...
Lawrence . Warren
LJVv':nd
cc: Mayor
N8. 18: 58
D ����
r-�Q 11 �98�
CITY OF RENTON
Engineering D�pt.
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Post Office Box 626 - I00 S 2nd Street - Renton, Wash.ington 98457.= (.206) 255-8678
� .• l • • • C ' � �
�� �-: CITY OF REIeTTON
"'LL PUBLIC WORKS DEPARTMENT
Earl Clymer, Mayor Design/Utility Engineering
February 3, 1988
MEMORANDUM
T0: Larry Warren, City Attorney
FROM: Bob Bergstrom, Engineering Surpervisor
SUBJECT: Parker PUD - Easements for Water/Sewer Across
Puget Power Property - Revision #2
After your January 8th memo reviewing Puget's easements, we have had Puget make
revisions.
Please review this second revision, your opinion is appreciated.
Robert E. Bergstrom
2D.5.27/REB:ckd
Attachments
�
200 Mill Avenue South - Renton, Washington 98055 - (206) 235-2631
�
�
February 1, 1988
Mr. Bob Borgstrom
City of Renton
200 Mill Avenue So.
Renton, Washington 98055
� Re: Shuffleton No. 1 & 2 Property
Water Pipeline Easement
Sec. 20, Twp. 23 North, Rge. 5 East, W.M.
Dear Mr. Borgstrom:
Enclosed are four (4) copies of a proposed revised easement
incorporating the changes noted in your January 21, 1988 letter.
Please have the proper City of Renton official sign, initial all
pages in the space provided, and return to Puget in the enclosed
self-addressed envelope, three (3 ) copies of the easement. Also
enclose a check, payable to Puget Sound Power & Light Company in
the amount of $1, 215.00, which will be applied as consideration if
the easement is approved.
Upon receipt of the signed easement, we will be in a position to
recommend execution by Puget Power.
If you should have any questions, feel free to contact me in
Bellevue at 462-3001 .
ery truly yours,
�
� �
�
David A. Y su a
Real Estat D partment
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Enclosures
cc: Mr. A. Richard Gaetaniello
The Ener Starts Here I!
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4 DC 5864 I
Puget Sound Power&Light Company P.O. Box 97034 Bellevue,WA 98009-9734 (206)454-6363
r ._. . . - , � �� . . , �
� � �
.► CITY OF RENTON
�� �
Lawrence J. Warren, City Attorney
� Daniel Kellogg - David M. Dean-Mark E. Barber -Zanetta L. Fontes -Theodore R. Parry
Assistant City Attorneys
� /�/��
January 8, 1988 ������
Ptl�t..�� �i'�/��IC$ DEP�t'.
T0: Dick Houghton, Public Works Director ��� C3f REIVp04�
FROM: Lawrence J. Warren, City Attorney
RE: Parker PUD/Puget Power Easements
Dear Dick:
I have reviewed the easement that you have forwarded to me and
have the following comments:
1. In paragraph 1 of the Agreement, Pug et will be ..allowed to
connect to the improvements at no cost to the City. This
requires the City to waive the special utility connection
charge in this area. We need to define specifically the
extent of the property that is to be connected and get City
Council approval for the waiver. WP also need to account on
our books for the benefit derived from this easement and show
that the benefit is equal to or greater than the connection
charge.
, 2. Paragraphs 4 and 6 require prior notice and approval of the
plans and specifications and at least thirty days advanced
written notice before construction is undertaken.
Additionally, paragraph No. 7 requires that any facilities
installed be done so as to withstand the consequences of any
short circuit of any of Puget' s electrical facilities. While
there are no legal problems with those paragraphs, it is
important to note the obligations imposed on the City.
3. Paragraph 9 contains a termination for breach clause that
permits Puget to cancel the easement if the City fails to
cure a breach within ninety days of written notice thereof.
4. Paragraph 14, subsection 2, insulates Puget Power from
property damage and personal injury unless caused by the sole
negli�ence of Puget. This is a rather restrictive section
and the City should be aware that it exists. Once again,
there is nothing illegal about that section but it imposes a
substantial obligation on the City.
5. Finally, there is an insurance requirement in paragraph 15
that the City cannot meet unless we obtain outside insurance.
Since the City has been self-insured for quite some time, I
think paragraph 15 will have to be eliminated.
Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678
'� ..
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�. . . . . . . . '
Dick Houghton
January 8, 1988�
Pag e 2
The easement from Puget is one-sided in its benefit. I suppose
that is not surprising. If there is another way to proceed that
is very close in benefit to the City, then that alternative should
be considered to see if the City �ssumes less risk. If this
improvement is truly necessary and in the benefit of the City then
I would presume that the extra risk is merited and the City should
sig n the agreement with the elimination of paragraph 15 and the
documentation that I have suggested.
awrence J. Warren
LJW:nd
cc: Mayor
N8.17: 20