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HomeMy WebLinkAboutE 7902280894 ►�31 � i�, . .;F _ � � - �E��$ �✓��� r: , . . _ r 7 � ' � =250. .I rvr'.A{�' e ` � + ` • ' a: `•� 1. , � , ° R�COROEO KC RECORE� � i . �¢qlfi i?l�1��7 � ��, . t�r F � � .-��� .'�' �,'"... AGREEMENT �'OR EASEiMENT FOR SANITARY SEW�R PIPELINE n. ;� . .�,�» _, r�� � `'�.' ;`J�,`�� • � .` � �,�,� ����., � ��" "� Jo� �° � THIS AGREEMENT made this���� day of N�vPmhPr • l��g� ``t � � �,�� ween PUGET SOUND PO�aER & LIGHT CONlPANY, a Washinc�ton corpara- I ��rP����Z�;����, on, ("Puget" herein) , and the CITY OF RENTON, a mtanicipal � , corporation of the State o� t�lashingtan ("Grantee" h�rein) ; ' t�1I�iEREAS, Puget is the owner of a strip c�f land two hun- I dred {200} feet in width running generally nc�rth and, south �hrough the 5outheast 1/4 of Section 8, Town��hip 23 North, Ftange 5 East, t9e M. , King Caunty, Washingtan, which strip of ' land is presently owned and occugied by Puget; in connection with Puget's el�ctric utility operations, (s�iid strip being � hereafter refer�ed to a� "Puget's Right of W�y") ; .and - . (� � 17HEREAS, G�`antee d'esires an easement for a sanitary sewer � pipeline across Puget's Right of Way at a loc:ati.on �.ore specifi- � ca12y described hereinhelow; � NOW THEREFORE, in consideration• of Ten �nd Noj100 Dc�llars . N ($1Q.04� and ather good and valuable consider.atian in hand paid receipt of which is hereby acknow�edged, and in cansideratian of the performance by Grantee of the covenants, terms and con- � ditians hereinafter set forth, Puget h�reby c�rants, conveys and quitciaims to Grantee the foll.owing easements: � A, A nonexc2usive perpetual easement ac,ross, along, i.n, upon and urider that partion of Fuget' s Right of Way described II a.�i Exhibit "A" attached Y�ereto and by this r�fereiice �r�ade a part hereof, for the purpose af installing, constructing, operatirig, maintaining, removing, repairing, replaci.z�g and j using a sanitary sewer pipeline cpnsisting of a concrete pipe, no� exceeding eight ir�ches in diameter, with all con- nections, manhoies and underground appurtenances th�;reto '� � {herein •whe "Secaer Line"} , together with the nonexclusive right of ingres:� to and egr�ss from said portion af �uget's Righ�. of Way for the foregc��.ng purposes; The terms "Easement" a�d "Easement Area" in this instru- ' rment refer to the easement on the property described in E�ibit ��A��. , This easement is grant�d sub�ect �.o and conditiorted upon the follawi.ng terms, condita�ons arid covenants which Grantee hereby promises to faithful2y and fully abserve and perform. � l. Cost of Constr�c�.ion and l�iaintenance. Grantee shall bear and prompt?y pay a 1 costs and exr�enses 'af construction and main�enance of the :�ewer Line: 2. Cam�liance wit''� Laws and Rule:s. The Grantee shall con- StTUGt� ma�nta�.n an us� the SE�wer Lin� in accordance with the � requirements of Puget, the k1at��ona1 El�ctric Safety Cade and any statute, order, rule ar� ree�ulation of any public authority having jurisdiction. . � i 3. Use of the Right of �r7ay by Puget. Grar�tee 's rights herein shall at all ts.mes be subordinate ta such rights of Puget as are necessary to pzeserve and maintain the capabil- ities af Puget's Right af Way to be used for electric utility purposes, and nothing herein contained shall prevent or pre- I clude Puget from undertaking construction, installation and use � of any eleetric utility facilities within Puget's Right of Way. Puget shall nat be 3iable to Grantee ar to Grantee's emplayees, , agents�, or to any other par�y ,benefiting from said Sewer Line, � for loss or i�a�ur�. r�-su3.ting fram any damage or destruc�ion of the Sewer Line directly or indirectly caused by Puget's existing ' or future use of Puget' s Right af I•Jay. �� �:.\'.. . � - -r� 1. ..,.'.'$ r',--.-..�;�.-,i � , F .f� y' _ . . 3 ��. ��.�... .t��i , ��,.. ��r . � � .: .___ _....... . .............. . _. , ..�.•. .� � , ,_ - : , � , - � . / • � � � 4 . Required Prior Notice and Approval of Plans and ' Specifica�ions. Prior to any insta ation, alteratian, replace- � � ment or removal of the Sewer Line facilities or any other major activity by Gran�ee on Puget's Right o� Way, Grantee shall give Puget wri�ten notice thereof together with preliminary plans and specificatioiis for the same at least six (6) months prior to the scheduled commencement of such activity. Puget shall have the �ight to require that such plans and specifications be modifi�d, revised or otherwise changed to the extent that the final plans and specifications therefor shall include pro- visions fc�r the protection of Puget's facilities, the pre- : vention o:� hazardous conditions and minimum interruption to Puget 's utility operations. No such activity shall be commenced without Puget 's prior written approval �f the plans and specifi- � cations tl�erefor and all changes or amendments thereto, which � approval :;hall not be unreasonably withheld. Notwithstanding the foregc�ing, in the event of any emergency requiring imme- diate act}.on by Grantee for protection ��f the Sewer Line, per- sons or pxoperty, Grantee may take such action upon such notice to Puget �s is reasonable under the circumstances. � Nothi.ng 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 ascextain N whether Grantee s construction is in conformance with the � plans and specifications approved by Puget. �. 5. As-Build_ Survey. Upon Puget's request, Grantee shall promptly provide Puget with as-built drawings and survey showing the location and elevations of the Sewer Line facilities on Puget 's Right of �aay. � 6. Grantee' s Use and Activities. Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible, interferenc�e with the use by Puget of its Right of �9ay for electrie ut.ility 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 Sewer Line and conduct any other of its substantial activities on Puget 's Right of Way as may be communicated to Grantee by Puget for the purpose of �rotecting Puget's facilities, preventing hazardous conditions � and minimizing interruptions to Puget's utility operations. • 7. Coordination of Activities. Grantee shall give at least 30 days a vance written notice of the proposed dates of its construction, repair and maintenance activities on Puget's Right of Way to Puget's South, Central Division (presently headquartered at Renton, T.aashington) , or such other division 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 ininimize conflicts, insure pro- tection to each party's facil�.ties, prevent hazardous con- ditions, or minimize interruption o� Puget's operations. - Provided, however, that in the event of an emergency requir- ing immediate action by Grantee for �the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Puget as is reasonable , under the circumstances. 8. Work Standards. All work to be performed by Grantee on Puget's Right of t�ay shall be designed and constructed so as to withstand the consequences of any short circuit of any of Puget' s electric facilitie� now or hereafter installed on the Right of taay. AI1 work tq be performed by Grantee on Puget's Right of Way shall also be in accordance with the plans and s�ecifications subm�.tted 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, - 2 - . � , � nothing herein shall be deemed to impose a d�ty or obliga- tion on Puget with respect to the sufficiency thereof. With- out limitation to the foregoing, Grantee shall exercise the utmost caution when conduct�ng its : activities in the vicinity of any of Puget's energized power lines in order to �revent any contact therewith. Upon completion of such work Grantee shall remove al� debris and restote the ground surface as nearly as possible to the conditipn in which it was �t the commencement of such work, �nd sh�ll replace any pro�erty - corner monurient� which ��ere; disturbed or destroyed d�ring construc{:ion. C7rantee shall also pay to Puget all of. Puget 's costs necessary to re-establish destroyed survey refarences and hubs establi.shed by Puget in conjunction with an� survey for new �acilitr.es on Puge�' s Right of Way. 9. Changes and Repairs to Puget' s Facilities. Grantee shall promptly pay to Puget the cost of any relocati�n, a2ter- ation, restoration and �ther ch anges or repairs to Puget's f acilities whicr Puget shall reasona.bly deem necessary by reason ob the c�nstruction, use ar�d maintenance of the Sewer Line or other a�tivities of Grantee on Puget's prope�ty. With- � out limitation to the foregoing, Grantee shall promp�ly pay to Puget the co�t of tempor�ry raising of wires and �he prealignmen� or �trengthening of power poles or towers made 00 ' , o his A reement. necessary by Grantee s activities ,pursuant t t g N If Puget so req�ests, Grantee sha�l provide assuranc� of Cpayment satisfac:tory to Puget prior to Puget's commencement � of such work. Fuget shall accomp�.ish such changes or repairs, subject �to the a.vailability ' of la}aor and materials. For the purpose of this paragraph, "'cost° shall be defined a� all direct or assigr�able costs of materials, labor and s�rvices including overhead, in accordance `with charges for trans- portation of inen, material, . and equipment, st�orage expense of material and rental of equipment: ` , - 10. Access. The Grantee shall design, c��nstruct, maintain and use its Sewer Line in such fashion as to �aermit reasonable and continuous access along Pugetrs Right ot �nTay in all direc- � ' tions, and in such fashion as to accomanodate ,�nd support vehicular travel over and across the Sewer Line, incZuding ' travel by cranes and trucks with heavy loads. Grantee shall at all times keep Puget' s R�.ght o� Way free ar�d clear of all obstructions an d equipment. ' If requested by :Puget, the Grantee shall make provisior�s for 'continued access by Puget • along Puget' s Right of Way c�uring -construction of the Sewer . Zine. 11. Inspectors. Puget shall appo.int one or several Puget representatives who shall serve as inspectors to oversee all work to be performed by Grar�tee on Puget 's Right of Way. Grantee shal�l not carry on �ny work unless it has given such notice to Puget as may be reasonable in the circumstances so as to allow for the presence o£ such inspector or inspectors. Grantee and Grantee 's contractors shall promptly and fully comply with all orders and clirections of Puget 's inspectors, including without limitaLior�, cessation of work, and Grantee 's construction contracts shal�; so provide. Grantee shall promptly pay Puget's charge fo r such inspectors. 12. Conflict with Futuze Installations of Puget. In the � � event that it should become `necessary for Puget to install additional electric utility facilities or otherwise use Puget 's Right of taay and if, in the sole judgment of Puget, the loca- tion, existence and use of �he Sewer Line interferes with such installation or use to the �xtent that it is �impracticable or substantially more expensiv� to a�complish such installation or use, or that such instal�.ation ;or use may pose a hazard II because of the location, existence or use of the Sewer Line, - 3 - i � � . . . � � � ' . . i . . � . � i Grantee shall have the obligation to either, in Grantee's sole ; discretion, (a) protect, modify or relocate the Sewer Line at the cost and expense of �rantee, so as to remove the inter- ference or hazard to Puget `s satisfaction, or (b) to reimburse Puget for its a�ded costs of design, construc�ion and installa- tion to avoid sUch interfer�nce or hazard. I� the e��ent Puget intends to undertake any su�h construction, Puget shall give Grantee reasonable advance written notice of such intention together with prelimina�y p�ans and specifica�ions f�r such work, idFntifying the po�ent�al interference o� hazard and all design information rela�ing thereto. In no ev�nt sh�ll such notice and plans be reg°aired to be given more than six months prior to the scheduled commencement of work. ZaitPiin one month after receiving such no�ice from Puget, Grantee shall give writ�en notice to Puget by which notice Grantee will elect to (a) protect, modify or �elocat� the � Sewer Li�e, or (b) reimburse Puget for its said added costs. ' If Grantee elects to protec�, mod'ify or relocate the Sewer Line it �hall cQmmence ��ork 'promptly and diligently prose- cute suc� work to compl�tion prior to the scheduled date of commencement of Puget's construct'ion. If Grantee elects to � � pay Puget's added costsp Grantee shall give Puget satisfactory ap assurance of payment of such costs at the time such r�otice of �O election is given. If Grantee does not so elect one of the N above-de�cribed options by �iving Puget the required notice, � N Puget sh�ll be entitled to make such an election on hehalf of � Grantee, Grantee agrees tha� this election shall be �inding r, u�on Grantee and have the same effect as if made by �rantee. �f Puget �o el�cts option (a) des�ribed her�in or if Grantee �le�ts option (a) and fails °to commence and prosecut� its work as contemplated herein, Puget may, at its option, unc.ertake such work on behalf of Grantee as Puget deems necessary pur- suant to option (a) and Grantee s�all promptly pay PL�get for � all costs incurred by Puget `in performing such work. Puget 's costs reimbursable under th�s paragraph are defined a.s in Paragraph 9 herein. - 13. Termination for Br�ach. In the event Grant�e breaches or fails to perform or obsexve any of the terms and �onditions herein, an d fails to cure such breach or default within. ninety (90) days of Puget's giving �Grantee written notice thereof, or within such other pe�iod of time as may be reasonable in the , circumstances, Puget may te�r►inate 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 exe rcise such right at a�y time sha].1 not waive Puget's right to terminate for any future brearh or default. 14. Termination for Cessation of Use. In the event Grantee ceases to use the Sewer Lin� for a period of five (5) successive years, this Agreement and all Grantee' s rights hereunder shall terminate and revert to Puget. 15. Release of Sewer Line 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 Sewer Line facilities ' from Puget's Right of Way and restore the ground. 16. Removal of Sewer Line on Termination. Upon any ter- mination of this Agreement, Grantee shall promptly remove from the Easement Area the Sewer Line facilities and restore the ground to the condition now existi�g or, in the alternative, take such other mutually agreeable measures to minimize the � impact of the Sewer Line on Puget's Right of Way. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to Puget. - 4 - ' t In case of fail�re of Grantee to so remove the 5ewer Line facilities, restore the graund or take such other mutually ; agreed upon measures, Puget�may, aft�r reasonable notice ta Grantee, remove the Sewer L�ne fa�ilities, restare the ground or take such measures at th� expense af Grantee, and Puget shall not be liable therefax. � 17. Third Party Rights. Puget reserves a11 rigrits with respect to its proper�y including, without limitation, the righ� to grant easements, licenses and permits to other sub- ject ta the rights gran�ed �n this Agreement. I 18. Re3ease and Indemnity. Grantee daes" hereby release, indemnify and promise ta defend and sa�e harmless Puget fram and against any and all liability, �os� , cost, damage, expense, actions and claims, including costs and reasonab3e attorney's fees incurred by Puget in defense thereof, asserted ar arising directly or indirectly on account of or out .of (1) acts or .� omissions of Grantee and Grantee's servants, agents, employees, � and cantractors in the exercise of the rights granted herein, � or {2) acts and omissions of Pu�et in its use of the Right of �p Way which affect Grantea 's empl�yees, agents, contractors, and tNv other parties benefiting from s�id Sewer Line; provided, how- � ever, this paragraph does no� purport to indem�nify Puget against �. liability �or damages arising out of bodily injury to persons t�'• or damage to property caused by ar� resulting fram the sole ne�gligence of Puget or Puge�'s �gents or employees. 19 . Insurance. Prior to Grantee' s construction ac�ivities or ather substantial activities on ;Puget's Right of '�ay under the rights pravided herein, Grantee shall submit to Puget evidence that Grantee or Grantee 's contractors has obtained comprehensive general liabil�ty coverage {including braad form contractual liabiZity coverage) satisfactory to Puget with limits no less than the following: Bodily Injury Liability, �including $1, 00� ,Q00 - automobile bodily injury liability each occurrence Property Damage Liabili�y, inc3uding � $1,00Q,Od0 automobile p.roperty damage liability each occurrence Said evidenc�s sha13 be s�zbmitted an Puget's Certificate of Insurance standar� farrn (whi�h form Puget shall provide upon , request) or such o�her form as Puge� may from time to time app rove. � Said coverage shall be maintained by Grantee ar Grantee 's �I contrac�ors during the periad when such activities take place. 20. Taxes. Grantee shall promptly pay or reimburse Puget far any taxes levied as a result of: this Agreement or re2ating ta the Grantee's improvements constr�cted pursuant to this I Agreement. s , 21. Ti�.le. The rights granted herein are subject ta per- � znits , 2eases, licenses and ea�ements , if any, heretofore granted by Puget affecting the property subject to this Agreement. Puget does nat warrant title ta its, property and shall nat be liable � for defec�s thereta or failure ther�o�. . - 22. No�ices. Unless atherwise provided herein, notices required to be in writing und�r this Agreement shall be given 'I as follows: , . �� If to Fuget : Puget Sound Power & Light Company Real �EstatQ Divisian I Puge� Power• Building Bellevue, Washin ton 98a0g � � II I - 5 -- � . � If to Grantee: City of Renton . Department of Public �Vorks I Notices shall be deemed effective, if mailed, upon the I, second day following deposit thereof in the United States Mail, postage prepaid , �ertified or registered mail, return receipt • requested, or upon delivc�ry thereof if otherwise given. EithPr . party may change the addYess to which notices may be given by giving notice as above provided. 23. Assignment. Grantee shall not assign its rights hereunder. No assignmen� of the privileges and� benefits accru- ing to Grantee herein, and no as�signment of the oblig,�tions or liabilities of Grantee h��rein, whether by operation o;E law or otherwise, shall be vali�3 without the prior written c�nsent of Puget. - 24. Successors. Th� righ ts and obligations of t�e parties shall inure to the benefit of and be binding upon their respec- tive successors and assigns. �7'� � 25. Liability. In �he event of any assignment of the rights � hereunder, the liability of Grantee and its assignees shall be � joint and several. N N EXCUTED as of the date hereinabove set forth. C 4` S� ACCEPTED: CITY OF RENTON PUGET SOUND P06VER & �,IGHT CO:�I.PANY � -� �� %� � , • By� ! �'LL�G -C�'���-�-�:. _ B anag r-Real Estate vision Charles Delaurent' Mayor At te s t: ���%.�-��Q ��L:e-�-� Maxine �E Motor, Deputy City Clerk STATE OF �9ASHINGTON) ) SS. COUNTY OF KING ) � On this ���" day of FebYv.ar.� , 197�, before me, the undersigned, personally appeared LESL�E A. DONNER, to me known to be the Manager-Real Estate Division of PUGET SOUND POWER & LIGHT COr��,1VY, the corporation that executed the foregoing instrument, and acknowledged' sai� 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 ins�.rument . �aITNESS my hand and off�.cial seal hereto affir,ed the day and year above written. . /��'G-� �� L�'O�l�U Notary Public in an for the State of taashington, residing at Lyrhw�� �Q - 6 - � ,�,4 , ' , , �'I , ` STATE OF �i7ASHINGTON) ) SS. COUNTY OF KING ) On this ' %i�� day of_ \�)S�C p�rn��•� � , 1978, before � me, the undersigne , personally appeared �G�,,�P<, -, . �;.\,a.�t�•r,� � �>ra l-1ax�V�V. �^ r ..� ` . to me known to be the M�. �,, ' r�, �,, ,�' �, � �� k of the CITY OF RENTON, the municipal co_po ati��n that executed the foregoing instrument, anc� acknowledged the said ir.strument to be the free and voluntary act and deed of s�id municipal corporation, for the uses and purposes therein mentior.;ed, and on oath stated that he is authorized to execut�� said instrument. Tn1ITNESS my hand and official seal hereto ��ffixed the day and year first above written. � � ���L�� � Ir� ���Jl..(;��1 . � Nqtary Public in ancl for the Stat� of pW�shingtan, residinc� at �•��.�s� � ` � N � � N C O` ' r , . � . , � i � � I � - 7 - .. -� . , , , , EXHIBIT "A" A strip �f land 1Q feet wide lying 5 feet on �ach siae of the following described centerline� Beginning said centerline at a point an the southeasterly mar- I gin r�f Bronson Way Northeast, said poin� being 5 feet north- I easterly �rom the southwesterly margin of Puget Sounc�. Power I & Light Caznpany's 200 foot wide transmission line right of way; i thence southeasterly along a line drawn paral].el and 5 feet adjacent to the said southwesterly margi.n of Puget Sound Power & Light Company's transmission line right af way to a point on the northwesterly marcin of Northeas� 4th Street and the terrninus of said centex'line. Except any portion lying within. Windsar Way Nartheast. b' tJ� Al2 lying within the sou�.h 450 feet af the �outheast 1J4 of Q the Southeast I/4 of. Section 8, Township 23 North, Range 5 ��p East, rn1.M. N N C C'r . r . � l ! I � , . . , , , � . � � � r-, C" r. C: ti:.. O � I ?�' � I l.: � C : 7 C. , � . � . � - r I, � � t ( }..� , CJ i- _ I� _t�.L} I, ir... ..� - i ��Jl �! �(i!B '�:'�::�:'.�...���....._.�. -.,`_"'" I � ,:��df � �� �� � I - ' IG I C�/ � ...... � i I I I �