100-23 - Resolution - Easements with Puget Sound EnergyDocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
RESOLUTION NO. 100-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE TWO NONEXCLUSIVE PERPETUAL EASEMENTS WITH
PUGET SOUND ENERGY (PSE) FOR A PORTION OF CITY -OWNED PROPERTY,
KITSAP COUNTY TAX PARCEL NO. 342401-3-015-2004 AND KITSAP COUNTY TAX
PARCEL NO. 342401-3-035-2000, LYING PARALLEL WITH AND ADJACENT TO
OLD CLIFTON ROAD AND LLOYD PARKWAY.
WHEREAS, the City of Port Orchard owns two parcels of land parallel and adjacent to Old
Clifton Road and Lloyd Parkway, Kitsap County Tax Parcel Nos. 342401-3-015-2004 (Parcel
Address: 1292-1290 Lloyd Parkway) and 342401-3-035-2000 (Parcel Address: 1260,1270 and 1272
Lloyd Parkway) (hereinafter the "Properties"); and
WHEREAS, Puget Sound Energy has requested from the City of Port Orchard
nonexclusive perpetual easements over, along, across and through that portion of the
Properties as described in the proposed Easements, attached hereto as Exhibit A and
incorporated herein by this reference; and
WHEREAS, the Easements would provide Puget Sound Energy the right to use the
identified area to construct, operate, maintain, repair, replace, improve, remove or upgrade
one or more guy wires, anchor poles and anchors together with any and all necessary or
convenient appurtenances thereto, construct, operate, maintain, repair, replace, improve,
remove, upgrade and extend one or more utility systems for the purposes of transmission,
distribution and sale of electricity; and
WHEREAS, the Easements are needed to ensure access to enable PSE to provide
efficient power for the residents of the City of Port Orchard; and
WHEREAS, the grant of Easements over and across City -owned property requires
authorization by the City Council; and
WHEREAS, the City Council desires to grant the Easements to Puget Sound Energy under
the terms and conditions contained therein; and
WHEREAS, the City Council finds that the grant of the requested Easements are 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.
DocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
Resolution No. 100-23
Page 2 of 2
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
two nonexclusive perpetual Easements with Puget Sound Energy for portions of Kitsap
County Parcel No. 342401-3-015-2004 and Parcel No. 342401-3-035-2000, lying parallel
and adjacent to Old Clifton Road and Lloyd Parkway, attached hereto as Exhibit A and 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 Pro-Tem and
attested by the City Clerk in authentication of such passage this 10th day of October 2023.
DocuSigned by:
kA I-MV- '
Mark Trenary, Mayor Pro-Tem
ATTEST:
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
RETURN ADDRESS:
Puget Sound Energy, Inc.
Real Estate / ROW Department
Attn: Connie Corpuz
3130 South 381h Street
Tacoma, WA 98409
PUGET SOUND ENERGY
EASEMENT
REFERENCE #:
GRANTOR: CITY OF PORT ORCHARD
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: LOT B, SP S-1062-R1, AF# 9504240164; SW 34-24N-01E
ASSESSOR'S TAX #: 342401-3-035-2000
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY
OF PORT ORCHARD, WASHINGTON, a Political Subdivision of the State of Washington ("Owner"),
hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE"), for the
purposes hereinafter set forth, a nonexclusive perpetual easement over, along, across and through the
following described real property in Kitsap County, Washington (the "Property"):
LOT B, CITY OF PORT ORCHARD SHORT PLAT S-1062-R1, RECORDED UNDER AUDITOR'S
FILE NO. 9504240164, WHICH IS AN AMENDMENT OF KITSAP COUNTY AUDITOR'S FILE
NO.9108060016 (PO-56R-1), RECORDS OF KITSAP COUNTY, WASHINGTON,
EXCEPT THAT PORTION OF LYING NORTHERLY OF SW OLD CLIFTON ROAD, (FORMERLY
KNOWN AS ALDER ROAD) AND LYING EASTERLY OF LLOYD PARKWAY AS DESCRIBED
IN AN INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 9306180103, RECORDS OF
KITSAP COUNTY, WASHINGTON.
Except as may be otherwise set forth herein, PSE's rights shall be exercised upon that portion of the
Property the ("Easement Area") described as follows:
COMMENCING AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY MARGIN
OF LLOYD PARKWAY AND THE NORTHWESTERLY RIGHT OF WAY MARGIN OF OLD
CLIFTON ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; THENCE SOUTHWESTERLY SEVENTY (70) FEET ALONG THE NORTHWEST
RIGHT OF WAY MARGIN OF OLD CLIFTON ROAD; THENCE NORTHWEST AT 90 DEGREES,
THIRTY (30) FEET; THENCE NORTHEASTERLY TO A POINT ON THE WEST ROW MARGIN
OF LLOYD PARKWAY, SAID POINT BEING 30 FEET NORTH OF THE POINT OF BEGINNING;
THENCE SOUTH THIRTY (30) FEET TO TRUE POINT OF BEGINNING;
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain,
repair, replace, improve, remove, upgrade and extend one or more utility systems for the purposes of
transmission, distribution and sale of electricity. Such systems may include:
Overhead facilities. Poles and other support structures with crossarms, braces, guys and
anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and
EPO-12 CLIFTON RD RBLD TW (P21)
WO #101097687 / #153004468 / RW-094304 / NOT-11211420 Page 1 of 3
DocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
facilities for communications; transformers, street lights, meters, fixtures, attachments and any
and all other facilities or appurtenances necessary or convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, PSE may, from time to time,
construct such additional facilities as it may require for such systems.
2. Access. PSE shall have a reasonable right of access to the Easement Area over and across
the Property to enable PSE to exercise its rights granted in this easement.
3. Easement Area Clearing and Maintenance. PSE shall have the right to cut, remove and
dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right
to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth
of brush, trees or other vegetation in the Easement Area.
4. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall, to
the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected
by PSE's work to the condition existing immediately prior to such work. PSE shall use good faith efforts to
perform its restoration obligations under this paragraph as soon as reasonably possible after the completion
of PSE's work.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted, provided, however, Owner shall not perform the
following activities without PSE's prior written consent: (1) excavate within or otherwise change the grade
of the Easement Area; (2) construct or maintain any buildings, structures or other objects on the Easement
Area; and/or (3) conduct any blasting within 300 feet of PSE's facilities.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a
result of PSE's negligence, or the negligence of PSE's employees, agents or contractors in the exercise of
the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion
of any such liability attributable to the negligence of Owner, its employees, agents or contractors or the
negligence of third parties.
7. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms
of this Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in said suit,
including on appeal.
8. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the
successors and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its rights,
obligations or interest under this Easement without the prior written consent of Owner, which consent may
not be unreasonably withheld. Notwithstanding the foregoing, PSE may assign this Easement to an affiliate
or in connection with a merger, acquisition, corporate reorganization, sale of assets or other change in
control.
9. Complete Agreement; Amendment; Counterparts. This Easement contains the entire
agreement of the parties with respect to this subject matter and supersedes all prior writings or discussions
relating to the Easement. This Easement may not be amended except by a written document executed by
the authorized representatives of Owner and PSE. This Easement may be executed in counterparts, each
of which shall be treated as an original for all purposes and all executed counterparts shall constitute one
agreement.
10. Warranty and Representation of Authority. The parties each represent to the other that the
person or persons executing this Easement have authority to do so and to bind the parties hereunder. All
consents, permissions and approvals related to this Easement, and the obligations hereunder, have been
obtained. Owner further warrants to PSE that it has the necessary right, title and interests in the Property
to grant the easement rights set forth herein.
EPO-12 CLIFTON RD RBLD TW (P21)
WO #101097687 / #153004468 / RW-094304 / NOT-11211420 Page 2 of 3
DocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
11. Severability. Invalidation of any of the provisions contained in this Easement, or of the
application thereof to any person, by judgment or court order, shall in no way affect any of the other
provisions thereof or the application thereof to any other person and the same shall remain in full force and
effect. If a provision is found to be unenforceable or invalid, that provision shall be modified or partially
enforced to the maximum extent permitted by law to effectuate the purpose of this agreement.
12. Non -Waiver. The failure of any party to insist upon strict performance of any of the terms,
covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that party
may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or
default in any of such terms, covenants or conditions.
DATED this rL day of QC.&Qj -a�f 12023.
OWNER:
CITY OF PORT ORCHARD, WASHINGTON, a Political Subdivision of the State of Washington
By:
Robert Putaansuu, Mayor
STATE OF WASHINGTON )
�f � ) ss
COUNTY OF 1'�
I certify that I know or have satisfactory evidence thaLROBERT PUTAANSSUU is the person who
ared before me, and said person acknowledged th�iel signed this instrument, on oath stated the
hel a was authorized to execute the instrument an c no% adged it as !Mayor of CITY OF PORT
RCHARD. WASHINGTON, a Political Subdivision of the State of Washington, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated: clot&"e- 1 J , 2023
►+ 1111FIPPIIII
� issiary ' •. rQ �
NOTARY PUBLIO i and for the State of Washington.
V40TAgy. a ;Z
PU
8LIC p - My Appointment Expires: 4:;2--/
�. F •.:.umbel . .`
WAS
Notary seal, text and all notations gust W be placed within V margins
EPO-12 CLIFIFON RD RBLD TW (P21)
WO #101097687 / #153004468 / RW-094304 / NOT-11211420
Page 3 of 3
DocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
PUGET SOUND ENERGY
Parcel #342401-3-035-2000
Overhead, Pole and Anchor Easement Area
70' X 30' OVERHEAD 8 Afa149
DOWN GUY EASEMENT BCC 165
REQUIRED - 1 14966
I A
100T, T86601
50kVA 120/240V
619598-154t53
1
1
' t-
l f,
NOTE: This map is not intended to represent the precise location or the extent of Puget Sound Energy's present or
future facilities.
EPO-12 CLIFTON RD RBLD FDR TW
Work Order #101097687 / 153004468
DocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
RETURN ADDRESS:
Puget Sound Energy, Inc.
Real Estate / ROW Department
Attn: Connie Corpuz
3130 South 381h Street
Tacoma, WA 98409
PUGET SOUND ENERGY
EASEMENT OVOGNNL
REFERENCE M
GRANTOR: CITY OF PORT ORCHARD
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: LOT A, SP-1062 R-1, AF #9404240164; SW 34-24N-01E
ASSESSOR'S TAX #: 342401-3-015-2004
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY
OF PORT ORCHARD, WASHINGTON, a Political Subdivision of the State of Washington ("Owner"),
hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE"), for the
purposes hereinafter set forth, a nonexclusive perpetual easement over, along, across and through the
following described real property in Kitsap County, Washington (the "Property"):
LOT A OF CITY OF PORT ORCHARD SHORT PLAT NO.1062R-1, RECORDED UNDER
AUDITOR'S FILE NO. 9504240164, WHICH IS AN AMENDMENT OF AUDITOR'S FILE
NO.9108050015 (PO-56R-1).
SITUATE IN KITSAP COUNTY, STATE OF WASHINGTON.
Except as may be otherwise set forth herein, PSE's rights shall be exercised upon that portion of the
Property the ("Easement Area") described as follows:
AN EASEMENT AREA TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET ON EACH
SIDE OF A CENTERLINE OF GRANTEE'S FACILITIES LOCATED AS CONSTRUCTED
OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED, LYING WITHIN THE
SOUTH FIFTY (50) FEET OF THE HEREIN DESCRIBED REAL PROPERTY.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain,
repair, replace, improve, remove or upgrade one or more guy wires, anchor poles and anchors together
with any and all necessary or convenient appurtenances thereto.
2. Access. PSE shall have a reasonable right of access to the Easement Area over and across
the Property to enable PSE to exercise its rights granted in this easement.
3. Easement Area Clearing and Maintenance. PSE shall have the right to cut, remove and
dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right
to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth
of brush, trees or other vegetation in the Easement Area.
EPO-12 CLIFrON RD RBLD TW (P18S)
WO #101097687 / #153004468 / RW-094304 / NOT-11211420 Page 1 of 3
DocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
4. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall, to
the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected
by PSE's work to the condition existing immediately prior to such work. PSE shall use good faith efforts to
perform its restoration obligations under this paragraph as soon as reasonably possible after the completion
of PSE's work.
5. Owner's Use of Easement Area, Owner reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted, provided, however, Owner shall not perform the
following activities without PSE's prior written consent: (1) excavate within or otherwise change the grade
of the Easement Area; (2) construct or maintain any buildings, structures or other objects on the Easement
Area; and/or (3) conduct any blasting within 300 feet of PSE's facilities.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a
result of PSE's negligence, or the negligence of PSE's employees, agents or contractors in the exercise of
the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion
of any such liability attributable to the negligence of Owner, its employees, agents or contractors or the
negligence of third parties.
7. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms
of this Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in said suit,
including on appeal.
8. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the
successors and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its rights,
obligations or interest under this Easement without the prior written consent of Owner, which consent may
not be unreasonably withheld. Notwithstanding the foregoing, PSE may assign this Easement to an affiliate
or in connection with a merger, acquisition, corporate reorganization, sale of assets or other change in
control.
9. Complete Agreement; Amendment; Counterparts. This Easement contains the entire
agreement of the parties with respect to this subject matter and supersedes all prior writings or discussions
relating to the Easement. This Easement may not be amended except by a written document executed by
the authorized representatives of Owner and PSE. This Easement may be executed in counterparts, each
of which shall be treated as an original for all purposes and all executed counterparts shall constitute one
agreement.
10. Warranty and Representation of Authority. The Owner represents to PSE that the person
or persons executing this Easement have authority to do so and to bind the Owner hereunder. All consents,
permissions and approvals related to this Easement, and the obligations hereunder, have been obtained.
Owner further warrants to PSE that it has the necessary right, title and interests in the Property to grant the
easement rights set forth herein.
11. Severability. Invalidation of any of the provisions contained in this Easement, or of the
application thereof to any person, by judgment or court order, shall in no way affect any of the other
provisions thereof or the application thereof to any other person and the same shall remain in full force and
effect. If a provision is found to be unenforceable or invalid, that provision shall be modified or partially
enforced to the maximum extent permitted by law to effectuate the purpose of this agreement.
12. Non -Waiver. The failure of any party to insist upon strict performance of any of the terms,
covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that party
may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or
default in any of such terms, covenants or conditions.
EPO-12 CLIFTON RD RBLD TW (P18S)
WO #101097687 / #153004468 / RW-094304 / NOT-11211420 Page 2 of 3
DocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
DATED this day of oG46 , 2023.
OWNER;
CITY OF PORT ORCHARD, WASHINGTON, a Political Subdivision of the State of Washington
By
Robert Putaanssuu, Mayor
STATE OF WASHINGTON )
) ss
COUNTY OF )
I certify that I know or have satisfactory evidence that ROBERT PUTAANSSUU, is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated the
he/she was authorized to execute the instrument and acknowledged it as Mayor of CITY OF PORT
ORCHARD, WASHIGNTON , a Political Subdivision of the State of Washington, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated: Ob
L- 2023
�►►►Ntlf Illilll►ll►�,
iipiy Et' 9f'�.
VQ 0�•04.2��0
�.0=
ry �I'LWA S H NN�i
klm
N Y PU13t-I i d far the State of Washington,
My Appointment Expires:��� ,S
Notary seal, text and all notations must not be placed within V margins
EPO-12 CLIFTON RD RBLD TW (P18S)
WO #101097687 / #153004468 / RW-094304 / NOT-11211420
Page 3 of 3
DocuSign Envelope ID: 074F02D6-60F6-4095-BC50-70AC8E012A7A
40 PUGET SOUND ENERGY
Parcel #342401-3-015-2004
Proposed Easement Area
p MA I C:HLINt SEC PAVE r D
619542-154728
Al ':=_GFrATIDNTRIMWNG
L READ
BeAAB657
COAAMM ' h . — 1Q % 20' DOVJN G
1950t54726
EASDAENT RSWRED
/,
VALE. AS NOTF.'D � ACT
/v
City of Port Orchard 1"
tpn: 342401-3-015-2C C!a
c1�1saz�
z�
1 3W X 1a OVERHEAD
EASMENT
VEGETATION TRIMMING
REOWRED
619513-154713
G )�
ID
3Z x 0' OM FRONGTAGE
F v EASEMENT REQUIRED
�----619507-151701---- ,
T34ii °
° VEGETATION TRIMMNG
REOWRED
NOTE: This map is not intended to represent the precise location or the extent of Puget Sound Energy's present or
future facilities.
EPO-12 CLIFfON RD RBLD FOR TW
Work Order #102097687 / 153004468