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AGREEMENT AND EASEMENT FOR SANITARY SEWER
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�''"'`"�i������"'� THIS AGREEMENT made this � y � day of c'$�� , 198�, -
between PUGET SOUND POWER & LIGHT COMPANY, a Was ing on
corporation ( "Puget" herein) , and CITY OF RENTON, a municipal
corporation ( "Grantee" herein) ;
WHEREAS, Puget is the owner of a strip of land two hundred
( 200) feet in width running in a East-West direction and also the
owner of a strip of land one hundred ( 100) feet in width running
in a Northwest-Southeast direction, both strips situated in the
Southwest quarter of the Northwest quarter of Section 20, Township
23 North, Range 5 East , W.M. , King County, Washington, and
WHEREAS , such strips of land is presently owned and occupied
by Puget in connection with Puget' s electric utility operations,
( said strips being hereafter referred to as "Puget ' s Property" ) ;
and
WHEREAS , Grantee desires an easement for sanitary sewer
purposes across Puget ' s Property at a location more specifically
described herein below;
� NOW THEREFORE, in consideration of One & NO/100 Dollar
�t'
� ( $1 . 00) and other good and valuable consideration in hand paid
«O 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
0 to Grantee the following easement :
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A. A nonexclusive perpetual easement over, across , along ,
in , upon and under that portion of Puget' s Property described in
Exhibit "A" attached hereto and by this reference made a part
hereof for the purpases of installing , constructing , operating ,
maintaining , removing , repairing , replacing and using an eight
( 8" ) inch diameter sanitary sewer and appurtenances thereto
(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 Exhibit "A" .
This Easement is granted subject to and conditianed upon the
following terms , conditions and covenants which Grantee hereby
promises to faithfully and fully observe and perform.
l . Cost of Construction and Maintenance . Grantee shall
bear and promptly pay all costs and expenses of construction and
maintenance of the Improvements.
2. Compliance with Laws and Rules . The Grantee shall
construct, maintain and use the Improvements in accordance with
the requirements of Puget, the National Electric Safety Code and
any statute , order, rule or regulation of any public authority
having jurisdiction.
3. Use of the Property by Puget . Grantee ' s rights herein
shall at all times be subordlnate to such rights of Puget as are
necessary to preserve and maintain the capabilities of Puget' s
Property to be used for electric utiiity purpos�s , 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. �, p� . }
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4 . Required Prior Notice and Approval of Plans and
Sepcifications. Prior to any installation, alteration,
rep acement 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 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 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
t1� specifications approved by Puget.
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� 5. Grantee ' s Use and Activities. Grantee shall exercise
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c7 its rights under this Agreement so as to minimize and avoid ,
�;,� insofar as possible , interference with the use by Puget of its
0 Property for electric utility purposes and shall at all times
f` 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
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 such action upon such notice to Puget
as is reasonable under the circumstances .
7. Work Standards. All 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 � ��t►d/S
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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 carner monuments which
were disturbed or destroyed during construction. Grantee shall
also pay ta 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 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 ,
Grantee shall provide assurance of payment satisfactary 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.
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- � 9 . Termination for Breach. In the event Grantee breaches
por fails to per orm or observe any of the terms and conditions
M herein, and fails to cure such breach or default within ninety
� ( 90) days of Puget ' s giving Grantee written notice thereof , or
p 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.
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
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 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.
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 . � •`t�a/s
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14 . Release and Indemnity. Grantee does hereby release,
indemnify and promise to e end 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 .
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
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
M request) or such other form as Puget may from time to time
0 approve.
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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
Notices shall be deemed effective , if maiied , 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 .
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 ' \ri1t�ls
liabilities of Grantee herein, whether by operation of law or
otherwise, shall be valid without the prior written consent of
Puget .
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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 iability 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 & LIGHT COMPANY
By: r By: �
Director Real Estate
Its: Public Works Director
STATE OF WASHINGTON )
� ) SS. I
�7' COUNTY OF KING )
.
� On this �� day of —_ � , 198��, before me , the
— undersigned , personally appeared WM. . ARTHUR, to me known to be
� the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, the
ticorporation that executed the foregoing instrument , and
c0 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.
,W���`••iny hand and official seal hereto affixed the day and
y e���'�d�h�,•.�/r��;t t e n.
�:;��',OTARY'�;�' j � �
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pUB`�G o�� ' Notary ublic in and for the State of
9�%�,`� •' Washington, residing at ���yy�iSri�
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AGREEMENT AND EASEMENT FOR SANITARY SEWER ^�"'m r"
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PUGET SOUND POWER & LIGHT TO CITY OF RENTON _ . �, -.,
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EXHIBIT "A" �'� �
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A strip of Iand 15.00 feet in width having 7 . 50 feet of such width
on each side of a centerline described as follows :
Commencing at the intersection of the South line of the City of
Seattle' s 200 foot Diablo right-of-way as contained in an
instrument recorded under Auditor' s File No. 3560496 with the West
margin of Benson Road ; thence proceeding Southerly along said West
margin on a curve ta the left having a radius of 2895.00 feet an
arc length of 131 . 16 feet to a point on the centerline of a
sanitary sewer easement recorded under Auditor' s File No. 5524148
Records of King County, Washington; thence South 76°50 ' 40" West
15.25 feet; thence North 41°26 ' 15" West 126 . 18 feet to the True
Point of Beginning of this centerline description; thence North
22°38 ' S8" West 141 . 99 feet to the center of a sanitary sewer
easement recorded under Auditor' s File No. 8401200575 Records of
King County, Washington, and the terminus of this centerline
description. i
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21—DC-3278 071186