093-22 - Resolution - Use and Occupany License Agreement with PSEDocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
RESOLUTION NO. 093-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO ENTER INTO A USE AND OCCUPANCY
LICENSE AGREEMENT WITH PUGET SOUND ENERGY FOR THE TEMPORARY
CONSTRUCTION AND MAINTENANCE OF UTILITIES IN THE NORTH
TWENTY (20) FEET OF KITSAP COUNTY TAX PARCEL NO. 012301-3-035-
2000
WHEREAS, the City of Port Orchard owns a parcel of land located at the intersection of
Bethel Road SE and SE Salmonberry Road, Kitsap County Tax Parcel No. 012301-3-035-2000
(hereinafter the "Property"); and
WHEREAS, Puget Sound Energy has requested to utilize a portion of this Property to install
a replacement power pole for construction the SE Salmonberry Rd Tree Wire Project on the North
twenty (20) feet of the parcel of land located at the intersection of Bethel Rd SE and SE
Salmonberry Rd (Tax parcel No. 012301-3-035-2000); and
WHEREAS, the Agreement would provide Puget Sound Energy the right to use the
identified area to construct, operate, maintain, repair, replace, improve, remove, upgrade and
extend one or more utility systems for purposes of transmission, distribution and sale of electricity
as an interim measure until such time as the City of Port Orchard has a need for the identified area
or Property; and
WHEREAS, the City has a right of way project planned for the Salmonberry Road and
Bethel Road SE intersection adjacent to the Property and which is expected to impact the Property
and impact PSE's interim use; and
WHEREAS, following the initial installation, repair or extension of its facilities, Puget Sound
Energy will be required to restore landscaping and surfaces and portions of the property affected
by Puget Sound Energy's work to the condition existing immediately prior to such work; and
WHEREAS, when directed by the City, Puget Sound Energy agrees that it will
remove/relocate its utilities from the Property and the City will coordinate with Puget Sound
Energy to find a suitable relocation for these facilities; and
WHEREAS, the grant of this Use and Occupancy License Agreement over and across City -
Owned property requires authorization by the City Council; and
WHEREAS, the City Council desires to grant a Use and Occupancy License Agreement to
Puget Sound Energy under the terms and conditions contained therein; and
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Resolution No. 093-22
Page 2 of 2
WHEREAS, the City Council finds that the grant of the requested License Agreement is in
the best interests of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute a
Use and Occupancy License Agreement with Puget Sound Energy for that portion of the
north twenty (20) feet of assessor's tax parcel no: 012301-3-035-2000, in a form
acceptable to the City Attorney.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 27t" day of September 2022.
L96U
uSigned by:
P4M A SWu,
E'8'86n"[7M ...
Robert Putaansuu, Mayor
ATTEST:
PART CR
C,
Brandy Wallace, MMC, City Clerk _ SEAL