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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