BLD2023-1391+Recorded_Easements+11.1.2023_10.31.17_PM+3875875Four Northwest renewables utility invites you to be a Conservation Sensation.
3
April 17, 2013 p STRE
City of Edmonds Ar-B
121 5th Ave N
Edmonds, WA 98020
RE: Expansion of Play Area at Mathay Ballinger Park
Reference is made to TEMPORARY LIMITED USE PERMIT NO. 614-T, dated July 8, 2011, a copy of which
is attached.
As of the date of signature by B. James Clay, Manager, Real Estate Services Department, the permit
authorized only construction of a recreational trail (Interurban Trail) to connect with Mathay Ballinger
Park. In a previous agreement in 1968 between City of Edmonds and Public Utility District No: 1 of
Snohomish County, it was intended that a portion of the PUD's Pacific Northwest Traction Company
(PNT) Right -of -Way be made available to City of Edmonds for park purposes if necessary. Presently, an
existing play pad/structure appears to be located within the Right -of -Way.
City of Edmonds has now requested permission to install a new play pad/structure that would extend
several feet further into the PNT Right -of -Way. As required in Paragraph 14 of the permit, any right to
use the premises beyond that specifically granted in the permit is not authorized without written
consent of the District.
The previous agreement with City of Edmonds remains in effect today. Therefore, this letter serves as
written consent of the District permitting expansion of the rights granted to include installation of a new
play/pad structure on the PNT Right -of -Way as proposed and depicted on the attached aerial photo.
Construction of the new facilities is subject to the terms of the TEMPORARY LIMITED USE PERMIT NO.
614-T and may begin immediately.
Questions regarding this consent may be directed to at 425-783-4373, or to Rogers W. Reistad at
425-783-4383.
Sinc ely,
And w G. Cox, Manager
Real Estate Services Department
1802 - 75th Street S..W a Everett, WA ° 98203 1 RlailingAddress: P.O. Box 1107 ® Everett, VIA - 98206-1107
425-783-4300 ^ Toll -free in Western Washington at 1-877-783-1000, ext. 4300 ^ ww wsnopud.com
City of Edmonds
121 5th Ave N
Edmonds, WA
98020
This document is for general information purposes only and is provided on an 'as is'
and 'as available' basis. The data used comes from a variety of public sources and no
warranty of any kind is given as to its accuracy. Users of this document agree
to indemnify and save harmless the City of Edmonds, its officials, officers,
employees and/or agents from and against any claim, demand or action, arising
out of any use or possession of this document.
1 inch = 113 feet
N
A,
4/1 3
3:52:29 PM
1121
(Rev. 4193)
TEMPOI AR.Y LIMITED USE PERMIT NO. �o / m
(Special Conditions)
The PUBLIC UTILITY DISTRICT NO. 1 of -153NOHOPiIISH COUNT'(, Washington,
("District"), a municipal corporation, does herewith permit CKy of Edmonds, a
municipal corporation, ("Permittee"), to utilize for construction of a recreational trail
(Interurban Trail), the following described portion of the District's Pacific Northwest
Traction Company property:
That portion of the Pacific Northwest Traction Company Right -of'! -Way IocatGd
within the southeast quay€er of Section 31, Township 27 North, Range 4 Frill;, W.
M.
Situate in the County of Snohomish, State of Washington.
Tax Parcel No.: 27 0431 004 03100
subject to the following conditions and restrictions:
1. This permit may be canceled at any time by written notice mailed to the
Permittee at the address of Permittee as hereinafter set forth, and upon such
cancellation, the Permittee shall promptly remove from said premises and will promptly
place said premises in the same condition as the same now are, or any such conditions
as may have been required by the District in accordance with the other provisions of
this permit.
2. This permit is subject to all of the existing uses, and any future or subsequent
uses, of the District, and its permittees, licensees, or grantees.
3. This is a nonexclusive permit and shall not in any manner restrict the right of
the District to use said property for any purposes that it may deem proper or to permit
others to use said property for any purposes, and the District shall not be obligated or
required to give notice of any land or nature of such other or additional uses whether by
itself or others.
4. Permittee is solely and directly responsible to the District for any damage,
injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character
brought because of any injuries or damage which may result from carrying out the wort:
to be done in accordance with the provisions of this permit.
5. Permittee agrees that as a condition to this permit, Permittee will take all
reasonable precaution to protect and preserve from damage, destruction or interference
the District's structures, related electrical facilities and access roads located upon the
above described property and should said District property be damaged, destroyed or
interfered with in any way by reason of Permittee's use of said property, Permittee shall
immediately restore said property to its former condition at Permittee's expense.
Should it be necessary for the District to remedy any harmful or adverse conditions
resulting from Pen-nittee's use of said property under this permit, or to perform any of
the matters required of the Permittee which the Permittee has failed to do, Permittee
shall reimburse the District for all costs so incurred by the District. Should any existing
drainage channels or culverts be disturbed by Permittee, it shall immediately provide
suitable means for diverting and maintaining all flows during the term of this permit.
Notwithstanding any of the other provisions herein contained Permittee shall not do or
perform any excavation or in any manner alter the existing conditions without first
submitting his plans to the District and receiving the approval of bhe District thereof, and
Permittee will perform all excavation and any restoring of the premises as may be
required by the District in conformance with the requirements of the District.
The District may, at its discretion, provide for inspection and supervision of Permittee's
use of District property and the entire expense of such inspection and supervision, in
such amounts and at such rates as the District customarily uses, shall be borne by the
Permittee.
6. The Permittee shall not use said premises for any unlawful purposes, or for
any purposes other than those staffed herein, without the express written agreement of
the District, and Permittee accepts the premises in the present condition or in the
condition that the District or others may putt the same into, and herewith specifically
agrees that the District, its agents, servants or employees, shall not in any manner be
responsible for any damages of any kind or nature caused the Permittee, its agents,
servants or employees, or caused to any property upon said premises, whether due to
the negligence of the District, its agents, servants or employees or otherwise. Any
costs incurred by Permittee or by the District by reasons of Permittee's use of District
property (except for payment of taxes on income to the District) shall be the sole
responsibility of the Permittee.
7. Permittee will not erect or permit to be erected upon said property any
structures or improvements of any kind or nature without written approval of the District
and in no event shall any activity upon said premises or any structures or improvements
thereon interfere with the District's facilities or in any manner be hazardous thereto. No
equipment or materials shall be stored upon District property without approval of the
District.
S. The Permittee agrees for itself, its heirs, successors or assigns that it will not
perform any blasting or discharge any explosives on the District's property.
9. The Permittee does herewith assume all risk of loss, damage or injury which
may result from the presence of Permittee's property or persons upon said real estate,
and waives any right of recovery for darnage thereto.
10. Permittee does further agree to hold and save harmless the District from and
against any and all claims for damages, whether to Permittee's or District's employees,
or to their persons or property, or otherwise, that may in any manner directly or
indirectly arise out of the construction, operation, repairs, maintenance or patrolling of
the facilities pursuant to this permit or out of the operations of the Permittee, its
successors or assigns pursuant to this permit.
'I 1. T he District shall not be held liable for any claims or damage to Permittee's
property, facilities or appurtenances constructed or placed upon District property by
Permittee.
12. Permittee specifically and expressly waives any immunity under Industrial
Insurance Title 51 RCW and acknowledges that this waiver has been mutually
negotiated by the parties.
13. The undersigned Permittee does herewith expressly disclaim for itself, its
.heirs successors or assigns, any right, title or interest of any kind or nature in and to the
property herein above described, except insofar as granted by this permit, and subject
to the terms of this permit, and does further agree for itself, its heirs, successors or
assigns, that it will not in any way challenge or contest any ownership by the District of
the property hereinabove described or any right of the District to execute and grant this
permit; provided, however, this shall not be construed as a warranty on the part of the
District of its ownership for said property and it is expressly agreed that this permit is
not in any manner a warranty on the part: of the District that the said Permittee shall
have good, clean or marketable title to this permit or the uses herein granted, or that
the District is the owner of said premises or that the District has the right to grant this
permit, and the Permittee does expressly assume the responsibility for determining the
right of the District to
grant this permit or the extent of the rights validly granted to the Permittee hereunder
and agrees to defend, indemnify and hold harmiess the District from any claims or
damages sought or recovered arising out of any defect in the right of the District to
execute this permit or any defect in the rights acquired by the Permittee hereunder.
14. Permittee shall be required to carry Comprehensive Automobile and General
Liability and Property Damage Insurance covering his use of the District's premises as
required by the District, in the following limits:
a. Bodily Injury
(including death)
b. Property Damage
c. Combined Single Limit
d. General Aggregate
each person $1,000,000
each person $'1,000,000
each person $1,000,000
$2,000,000
$2,000,00.00
When reference is made therein to the Permittee's "use" of the premises, Such
reference shall include use of the said premises by the Permittee, their employees,
agents, servants, guests, business invites or any of them, or by any other persons using
or occupying the premises with the knowledge or consent of the Permittee. This shall
not be construed as expanding any rights or any right to use the premises beyond that
specifically granted in any of the other paragraphs of the permit, or of permitting any
assignment without written consent of the District, .
The District shall at all times during the term of the permit be included as a
named insured upon said policy with respect to the use of the District's property
described herein by the Permittee. Evidence of such insurance or self-insurance
shall be submitted to the District prior to Rermjttee`s use of the promises.
Permittee shall not cause such insurance to lapse or be. canceled during its use of the
District's premises. Permittee shall provide that such insurance shall include a clause
that the insurance policy or policies -shall not be subject to cancellation or reduction in
limits during such use until notice has been mailed to the District stating the date when
such cancellation or reduction shall be effective which date shall not be less than 30
days after such notice. Certificates of insurance shall be authenticated by the proper
officer of the insurer and shall state in particular those insured, the extent of the
insurance, the location and operations to which the insurance applies, the expiration
date and the above -mentioned notice of cancellation clause.
DATED THIS 57r5V day of . 4 Z , 2011
BY
B. a Clay Jr.
Manager, Real Estate Services
Permittee hereby agrees, accepts and will comply -with all of the terms, conditions
and restrictions contained in this permit,
State of Washington
County of Snohomish
M
gy
Address: /.2/ 5 f� ✓E. �✓
EDMO,V,05 W `3Soap
Date:
I certify that I know or have satisfactory evidence that 41 i1-�& eoo,-Ei
signed this instrument, on oath stated that
(he, she, they)(was, were) authorized to execute. the instrument and
acknowledged it as the MgYo and of
6, . r ® FDrnon/bs to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated i-/- //
Signature of
or#�ir� Notary Public
E � title Notary Public .
0 aUPVN "�� �
My appointment expires r l- �r /
t
ACKNOWLEDGEMENT)
State of Washington
County of Snohomish
I certify that I know or have satisfactory evidence that
signed this instrument, on oath stated that
{h , she, they)(wa were) authorized to execute the instrument and
acknowledged it as the D1 of
to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
SON}exp-100
(Se I O D) I^
cn PUBLIC �21
5-30-201 d 0
Dated �7- (P- 11
Signature of
Notary Public
Zkff-51��—
Title N&arTPublic
My appointment expires=a -1
There shall be no storage of equipment, materials, vehicles, fuels, paints, solvents, oils,
pesticides, or other sources of contamination upon PUD property, except for fuel hi non -leaking
vehicles and equipment. There shall be no drooping or disposal of any kind on the PUD
property. No fill shall be imported to PUD property except fill known to be clean, contaminant -
free, and capable of supporting vehicles and structures to be placed thereon.
Spills and lealcs of gasoline, oil, hydraulic fluid, or other dangerous or hazardous substances,
pollutants or contaminants, shall be contained by the City of its contractor within one (1) hour of
discovery, and shall be reported to the State of Washington, Department of Ecology, and to the
District, and cleanup initiated by the City or its contractor within 12 hours of discovery. Such
spills and leaks shall be cleaned up to not less than the levels required by applicable lativ; no
residual contaminants shall remain, requiring use of `institutional controls''.
The City's contractor may not work within 12' of the PUD existing energized 1151<V lines on the
District's PNT Right -of -Way. Should it become necessary to work inside these limits, the City
or its contractors shall contact the PUD project leader, allowing adequate time to approve the
work and convene the necessary PUD personnel and equipment to protect District facilities. The
City and its contractors shall be responsible to maintain adequate support around utility poles if
grade is changed on PUD property, and to maintain adequate and lawful clearances between its
equipment and/or trail and PUD electrical facilities. Unplanned or additional changes to PUD
facilities deemed necessary by the PUD as a result of any site alterations constructed by the City
shall be at the City's sole expense.
All work by the City and its contractors shall be done in compliance with the District's
"ELECTRICAL RICA.L SAFETY FOR CONTRACTORS" ORS" pamphlet, copies of which have been
provided to City representatives.
PUD Project Leader:
Matt McReynolds
425-783-5627 (Office phone)
425-344-0874 (Cell phone)
ni.ai71 creyno 1. ds(cD,sn oUud. con-r
PUD Alternate Contact:
Rogers W. Reistad
425-783-4383 (Ofcephone)
425-231-7044 (Cell phone)
rwreist,td@siiopud.com snopud.com.
Parker
Wffli'arns i�"'nd Nrj*vj�c""
501 Fivslt 13a'-d:
Evz"-r'A' 'I'V inE;ton 98201
D.,ea-_- Parker :
1 H,
P. B'C-i� 1-107 Li
22,
Re: C it- , Ec'xalonds for Portio-n
y of
VVe now, hzn,,ta Vic fle
� )_ns ant -I the co---aplcted SUIvCY 01:1
various parcels J_nvoi4e6 i-n thc, e-, '- c h 0 n, cl o 3 :lee,
t_*.e.L..file •-Nito. 63'S -
lig by Iteiu' 1
As I suggestod 1W iveck yoil Prol-lalbI 'g�(,:t vith
J01 Alurphgq City 2'tto-_Pn'_-y Ax, Edraonds. ao we both t,_-d ezpadHe
xaeopeusview -'%-iouldthlhngf jworHes. Jt to '
yaha RenAze. trIae e:, t I rious pnrcals, it is conernplated
o �- - - i.; p-
that we -mould exchange parce-I -E f cis ps, a --opc-, ty
, i o Q " rl
owner of parcel A AM a5s of Ci�y , _� Edn n---d,. 'j. Sly C i bj
of viould deed u,�; parec! A Nve ii-i turn -,-:io?21(1 d'(,'cd tllc City
o! hda-ao.�.-klo parcel E. Upon t'zic coalpletion of t"r.,-ose vIOUD-3
then enter Wto an agreeraent to prnit -",L,) '�xoc p2rcelzl' . ' C anid
D :�Or jparlkTihi's pe2ult would be revakabl-e upan o-,ae yt�arls
D
no d-,-no_n,�Js and should contai"i-, so�'-ne re'strictio-n to
ticc by tne P OD co LI 11d
tatc tllat cl:'.tunq of We, placing of struWW-r--_,L;
done CQ VAel our P-jr.Lais'sio-vi,
La the transfer of parcel, E -4',,e sho.,ild right
for t'l-'e, of laachig distrib-ntion line feeders froui an eventual
across parce! Vh.e Option of placin,,; rL,:;'O Un cl,
if feasible.
polo 2:3 195B,
ie L='. Parker er Williams, pmgust 22, J. 1J'il
FO_ h Lh� _ k. •, t • gf tea- i 7 r
.�"�. S't".:�j.7S L`_.. ���.i.: k>LE:SL a�c`!s"��. Gs. Z.±`l G' i. fZ:t��.J 3: �.1=.�+�%' ��" L?.�� a er='..! :."iir
C 't 1 T tll7 ^ 53h build
9
i�3 �,O os�ir't11 .....3s`t1 aC,t•tvl9�.._, Lf• j3S'���;L�,i.._ �_g.iL Go �.irl!.:.�. a s„34,1.itdeioe', Oil
the loopert, shaded an f:_Le e__ _vsed drawing, which _ i1C;..i,_dC,s not oa..,/
parcels it, C an D but also c`,1. po--r'tion of our i -4ist ng PINT right-of-way.
We are ccrape l7 art to request a building is .g permit it -C-na Cit of Edi[10-nds
vf1aeia`;='dz:. we b.%llil to i,.+llLsd e. se.T3oC i,io:la -Aan ct':.d:+_.,e'_i; l C.i e,' f::a<, n
f.ov' zull this exchange Cif p o" e�' ic,:L� iron the Cl ( ! � rp f f .,� �� I 1"
gg s E yy G �.,_I'�.e� L.� G_ il���yG' .,, 1i9:'E_.�yC,_1
F.�c:s considerable value, vie- co°�L -LI{y --Elms. be as 2t cd that 1�V�`: vog.'t?d ,�Je
`� .7 rt
';f'ala:�c'.1 c% lid 1 q._L.t' 5" "�el'i_l. for a _ .,., �i:` air,` ?;, �_%1 f'
a g a sr3 b :ation 5 rfie i a the �:17tme-'.
K you .41ave airy p_"cble'ms -wit i this or ;viol' any V,--,-'t':'.'.0 's na-
tion, please € -A iae know.
Manager,
A. E. Rotta,
bcc: W. D. Dorway, Attn: R/W Dept.
Ll Y i� +C)
CITY CLERK
CITY OF EDMONDS
121 STH AVENUE NO.
EDMONDS, WA GW20
�VUNUMI��1 Lul1NfY
I�URI�t UTillil' U �l e1cT Nu 1
11111 11P 111 11I 11111111 liYIII�Y6'IIIIHI IIN
SNOHOMISH COUNTY, NHINGTON
EASEMENT
Grantor(s): Public Utility District No. 1 of Snohomish County
Grantee(s): City of Edmonds
Q/S/T/R: SE 31(27-4)
Parcel No.: 27 0431 004 03100
In the matter of: City of Edmonds Interurban Trail
NO - r 'T "z;
MAY 0 G 2010
L S :VERB, S::o.1 . �4 CO t11V Treeasurr
Cy KiR.KF SIFVFRS
E-
SE 31(27-4)
PJ 58005
1. In consideration for payment of the sum of One Dollar ($ 1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH
COUNTY, a Washington corporation ("Grantor"), hereby grants unto CITY OF EDMONDS, a municipal corporation
("Grantee"), a non-exclusive perpetual easement, subject to the approval of Grantor as to location and grade, to
construct and maintain a public recreational trail, an extension of the Interurban Trail, upon and across a portion of
that certain property of Grantor known as the Pacific Northwest Traction Company Right -of -Way, said portion (the
"Easement Property") being more particularly described as follows:
A strip of land 16.0 feet in width lying 8.0 feet on each side of the centerline of the blacktop trail to be
constructed within that portion of the Pacific Northwest Traction Company Right -of -Way located within the
Southeast quarter of Section 31, Township 27 North, Range 4 East, W. M.
Situate in the County of Snohomish, State of Washington.
Tax Parcel Nos.: 27 0431 004 03100
In addition to the Easement Property, Grantee shall be permitted to occupy portions of Grantor's Right -of -
Way adjoining said easement to the extent necessary to construct, install and maintain the trail described in
Section 1 herein, provided that such occupancy of additional portions of Grantor's Right -of -Way shall be
subject to all of the terms and conditions set forth herein.
2. In partial consideration for the easement rights granted herein, Grantee hereby agrees not to make
or levy any charges or assessments whatsoever against Grantor or any of Grantor's property for, in connection with
or as a result of any of Grantee's improvements in, under or upon the Easement Property. Without in any way
limiting the foregoing, if for any reason Grantor is required to pay any charge or assessment for, in connection with
or as a result of any of such improvements, Grantee shall immediately pay to Grantor, as additional consideration for
the easement rights granted herein, an amount equal to the total amount of such charge or assessment.
3. Grantee hereby agrees that no construction, installation, modification, maintenance or repair may
be performed in, under or upon the Easement Property by or on behalf of Grantee unless and until (i) Grantor shall
have been furnished with a complete and correct copy of, and shall have approved in writing, the plans and
specification relating to such proposed construction, installation, modification, maintenance or repair and (ii) any
contractor to be involved in any such construction, installation, modification, maintenance or repair shall have
applied for and been granted a Limited Use Permit (Special Conditions); provided, however, that in the event that
any emergency maintenance or repair shall be required in, under or upon the Easement Property, Grantee shall be
entitled to carry out such maintenance or repair without prior approval by Grantor so long as Grantee notifies Grantor
of such maintenance or repair as soon as practicable after commencement thereof.
Without in any way limiting any of the foregoing, Grantee hereby agrees to accept responsibility or liability
whatsoever for damages of any kind, to Grantor's property or adjoining properties in connection with or as
a result of any construction, installation, operation, modification, maintenance or repair of said trail by or on
behalf of Grantee. Grantee agrees to repair said damages, including but not limited to any caused by
drainage of storm water onto Grantor's property and/or adjoining properties.
4. Grantee acknowledges that the Easement Property is now and will in the future continue to be
used by Grantor for utility purposes, including but not limited to the transmission of high voltage electricity and the
construction, installation and maintenance of power lines using trucks and other heavy equipment. Grantee hereby
agrees that Grantor shall have no responsibility or liability whatsoever for, in connection with or as a result of any
damage to or loss of any of Grantee's property, facilities, improvements or appurtenances in, under or upon the
Easement Property, whether as a result of Grantor's acts or omissions or otherwise.
5. Grantee hereby indemnifies and agrees to save and hold harmless Grantor and it commissioners,
elected and other officials, officers, employees and agents, and each of the heirs, representatives, successors and
assign of any of the foregoing (any such person, a "Grantor Party"), from and against any and all losses, claims
damages, costs, demands, fines, penalties, obligations, payments and liabilities of every type and nature, including
reasonable attorneys' fees and expenses incurred in connection with any of the foregoing, resulting from or arising
out of or in connection with (i) any failure of Grantee duly to perform or observe any term, provision, covenant,
agreement or condition hereunder to be performed or observed by or on behalf of Grantee or (ii) any act or omission
by Grantee or any of its elected or other officials, officers, employees, agents or representatives (any such person, a
"Grantee Party") under or in connection with this agreement, including but not limited to claims arising directly or
indirectly out of any construction, installation, operation, modification, maintenance, repair or patrolling by or on
behalf of Grantee in, on or under the Easement Property. With respect to any portions of this agreement subject to
Section 4.24.115 of the Revised Code of the State of Washington, in the event of any concurrent negligence on the
part of a Grantor Party and a Grantee Party, the indemnification obligations of Grantee under this agreement shall be
valid and enforceable only to the extent of the negligence of the Grantee Party. For any and all purposes in
connection with the foregoing indemnification provisions, Grantee hereby specifically and expressly waives any
immunity under industrial insurance, Title 51 of the Revised Code of the State of Washington, and acknowledges
and agrees that the foregoing waiver was mutually negotiated by the parties. The provisions of this paragraph shall
survive the expiration or termination of this agreement for any reason.
6. Grantee acknowledges and agrees that it is presently unknown whether the presence of high
voltage electrical transmission lines and resultant electromagnetic fields may have any harmful or injurious effect
upon humans or animals in proximity thereto, and that the easement rights granted herein may result in an increase
in the presence of persons in and around the Easement Property. Grantee further acknowledges and agrees that
Grantee's agreement to the indemnification provisions contained herein is a material inducement to Grantor's entry
into this agreement, and that Grantor would not have entered into this agreement or have granted the easement
rights contained herein absent Grantee's agreement to such indemnification provisions.
7. Grantee hereby covenants and agrees that during any construction, installation, operation,
modification, maintenance or repair by or on behalf of Grantee pursuant to this agreement, Grantee and its agents
and contractors shall comply with the requirements of all applicable laws and regulations and shall do all things
necessary to avoid damage to or interference with any property whatsoever of Grantor during any construction,
installation, operation, modification, maintenance or repair by or on behalf of Grantee, and Grantee shall, upon
request from Grantor from time to time or at any time, pay to Grantor a nonrefundable fee of Two Hundred Fifty
Dollars ($250.00) to offset the costs and expenses of such inspection and supervision.
8. Grantee hereby acknowledges that there is presently located on and adjacent to the Easement
Property a roadway for vehicular traffic. Grantee covenants and agrees that such roadway shall be kept accessible
to Grantor at all times in order to ensure access by Grantor to its facilities, and that none of the facilities installed by
or on behalf of Grantee in, on or under the Easement Property shall interfere in any respect whatsoever with
Grantor's use of such roadway. Grantor shall be entitled to close such roadway temporarily at any time and from
time to time for such periods as Grantor in its sole discretion deems reasonably necessary for construction,
maintenance, repair or other purposes in connection with its utility operations.
9. Grantee hereby covenants and agrees that it shall, upon any request by Grantor, repair or replace
and restore any existing fencing or gates in, on or in the vicinity of the Easement Property, as Grantor in its sole
discretion may deem necessary. Upon prior approval by Grantor, Grantee may install additional fencing or gates on
the Easement Property.
10. Notwithstanding anything herein to the contrary, Grantee specifically agrees, upon any request
from Grantor, to relocate or remove, at Grantee's sole cost and expense, any or all facilities constructed by or on
behalf of the Grantee hereunder if, in Grantor's sole discretion, such removal or relocation is reasonably necessary
in order to avoid interference with any structure or facility or operation of Grantor. Grantee shall commence such
relocation or removal within 120 days after Grantee's receipt of any request therefore from Grantor. If Grantee fails
to commence such relocation or removal or, having commenced the same, fails to complete such relocation or
removal, with reasonable dispatch, Grantor shall, in addition to any and all other rights and remedies which may be
available to it under this agreement or applicable law, be entitled to an order of specific enforcement of Grantee's
obligations hereunder and shall also have the right and authority to relocate or remove, at Grantee's sole cost and
expense, such of Grantee's facilities as Grantee has failed to relocate or remove in accordance with the foregoing
requirements.
11, This agreement, and any and all rights of Grantee hereunder shall in any event terminate
immediately in the event that Grantee at any time ceases to use or abandons the Easement Property or any of its
facilities in, on or under the Easement Property.
12. This agreement sets forth the entire agreement of the parties and supercedes any and all prior
agreements with respect to the subject matter of this agreement. The invalidity or unenforceability of any provision
of this agreement shall not affect the other provisions hereof, and this agreement shall be construed in all respects
as if such invalid or unenforceable provision were omitted.
13. No change, amendment or modification of any provision of this agreement shall be valid unless set
forth in a written amendment to this agreement signed by both parties.
14. Any waiver at any time by a party of any of its rights with respect to a default under this agreement,
or with respect to any other matter arising in connection herewith, shall not be deemed a waiver with respect to any
subsequent default or matter
15. This agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
16. The Grantee is solely and directly responsible to the Grantor for any damage, injury, expense,
loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage
which may result from carrying out the work to be done under the provisions of this Easement.
17. Grantee's Contractor shall notify Grantor 72 hours in advance of the need for temporary support of
a power pole. Arrangements for temporary relocation of a power pole or anchor will be made in advance of
commencement of construction. This work will be accomplished by Grantor's employees at Grantee's expense.
18. Grantee's Contractor shall post a $20,000.00 deposit or bond with Grantor which will be
forfeited and applied toward any damages, as determined by Grantor, if there is any unauthorized holding or
stabilizing of Grantor's power poles, or if there is any unauthorized excavation around or under any of them,
or if there is any unauthorized attachment to power poles.
r14?
Dated this N day of 2007,
PUBLIC UTILITY DISTRICT NO. 1
OF SNO H COUNTY' n
By: ------
Nam teven J. Klein
Title: General Manager
The terms and conditions of this agreement are hereby approved and accepted in their entirety on behalf of Grantee
as of the date set forth above:
CITY OFZ:a"J--
By:
Name: 50
Title:
(REPRESENTATIVE ACKNOWLEDGMENT)
(PUD)
State of Washington '
County of Snohomish
I certify that I know or have satisfactory evidence that Steven J. Klein
signed this instrument, on oath stated that (he/she/they) (was/were) authorized to execute the instrument and
acknowledged it as the General Manager of Public Utility District
No. 1 to be the free and voluntary act for the uses and purposes mentioned in the instrument.
WAL4 Dated:
Q`P ��55tiflN �Xpj��� Signature of
24 (Seal or Stf Notary Public�1G�/7C✓ ll�
NOTARY ; Title Notary Public
PUBLIC
+ 28 2010 My appointment expires , lL����o�0/y
��OF
REPRESENTATIVE ACKNOWLEDGMENT
(CITY OF EDMONDS)
State of W'151pNG To 1,41
County of-5Wgkf9m15H
I certify that I know or have satisfactory evidence that A9AY YAj+A SN SvN
signed this instrument, on oath stated that (he/she/they) (was/were) authorized to execute the instrument and
acknowledged it as the 44AY06 of City of Edmonds to be
the free and voluntary act for the uses and purposes mentioned in the instrument.
Dated: /QPR I L Z � 1 ZD 10
Signature of
,�► Of ` n� Notary Public zdl��
s Title Notary Public
tP$,I L80 0? My appointment expires It'd 4 l3
�r
RESOLUTION NO.5471
A RESOLUTION Declaring an Interest in the Pacific Northwest
Traction Company Power Line Corridor Property to be Surplus
and Granting the City of Edmonds an Easement for Extension of
the Interurban Trail
WHEREAS, Public Utility District No. 1 of Snohomish County (the "District") owns
the Pacific Northwest Traction Company Power Line Corridor property, which is real
property with significant value to the District; and
WHEREAS, City of Edmonds has requested that the District grant a non-exclusive
perpetual easement across a portion of such real property; and
WHEREAS, City of Edmonds and the District have agreed that extension of the
Interurban Trail in this location would be a mutual benefit to both the City of Edmonds and
the District; and
WHEREAS, the Commission held a public hearing to consider declaring the
easement surplus to the needs of the District and conveying said easement to the City of
Edmonds; and
WHEREAS, based upon the information presented and the recommendation of staff,
the Commission of Public Utility District No. 1 of Snohomish County finds that the District's
interest in the real property described in the attached document:
1. Is no longer necessary, material to or useful in the District's operations;
2. Is not required for providing continued public utility service;
3. Will, because of improvements to be made by the City of Edmonds, be
benefited so that the resulting increase in property value will be equal to or
greater than the fair market value of the requested easement rights; and
4. May be conveyed to the City of Edmonds within the limitations of the
District's Power Line Corridor Property Policy as set forth in Resolution
No. 2989.
r
Resolution No. 5471 — 2 —
NOW, THEREFORE, BE IT RESOLVED by the Commission of Public Utility
District No. 1 of Snohomish County that:
• The District's interest in the real property described in the attached Exhibit
"A" is surplus to the District's needs; and
• The consideration to be received by the District for such real property, mutual
benefit, represents more than fair market value thereof.
BE IT FURTHER RESOLVED that the General Manager of the District, or the
General Manager's designee, is authorized to:
• Execute and deliver a instrument in the name of and on behalf of the District to
City of Edmonds in the form of the Easement attached as Exhibit "A" hereto; and
• Execute any other documents and take any other action necessary to complete the
transaction.
PASSED AND APPROVED this 15'b day of December, 2009.
%.-
President
�r
�-
Secretary
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