REVIEWED PUD PERMITDocusign Envelope ID: DA3BF3A9-1600-411 E-8C67-4F64643E7CCF
SNOHOMISH COUNTY
PUBLIC UTILITY DISTRICT NO- 1
REVIEWED BY
ENGINEERING
9/24/2024
TEMPORARY LIMITED USE PERMIT
The PUBLIC UTILITY DISTRICT NO. 1 of SNOHOMISH COUNTY, Washington, ("District"), a
municipal corporation, does herewith permit City of Edmonds, Washington ("Permittee"), a
municipal corporation to construct a new portion of a public recreational trail within the Districts
Pacific Northwest Traction Company Right -of -Way situated in Snohomish County, Washington,
to -wit:
That portion of the Pacific Northwest Traction Company Right -of -Way located with the southeast
quarter of Section 31, Township 27 North, Range 4 East,
W. M.
Tax Parcel No.: 27043100402800 (a portion of)
The Permittee was granted an easement for a public recreation trail (Trail) located on the
District's property as described above and recorded under AFN 201005060059, attached as
Exhibit "A". As part of the easement any additions to the trail shall be subject to all of the terms
and conditions of said easement.
This Permit is subject to the following conditions and restrictions:
1. This permit is subject to all of the existing uses of the District, and its permittees,
licensees, and / or grantees; and to any future or subsequent uses of the District and its
permittees, licensees, and / or grantees, except as expressly provided otherwise below.
2. 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 kind or nature of such other or additional uses whether by itself or others;
As a material part of this agreement, and notwithstanding anything herein to the
contrary, the Permittee specifically agrees to modify or remove all or any portion of its permitted
facilities so as to avoid and not interfere with any structure or facility or any operation which the
District may hereafter desire to construct or conduct upon the above described property;
3. Maintenance. During the term of this permit, Permittee, its heirs, successors, and
assigns shall maintain the permitted facilities in a state of good repair, replacing or restoring any
damaged portions promptly.
4. Cancellation. This permit may be canceled at any time by written 30-day notice
mailed to the Permittee at the address of the Permittee as hereinafter set forth, and except as
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otherwise specifically provided herein, upon such cancellation, the Permittee shall promptly
remove the permitted facilities from said premises and will promptly restore and grade the
permit area to match surrounding property grade.
This permit shall be cancelled immediately should any violations occur on District
property and Permittee will be required to remove materials from premises.
5. The District may, when in the District's opinion it is reasonable to do so, require
that subsequent holders / user of easements or permits for utilities or other uses, within the area
covered by this Permit, repair and restore any damage to the Permittee's facilities caused by such
user's repair, construction, maintenance, or other activities, and that each such user shall, at its
sole expense, repair and restore any damage to the permitted facilities placed on the property
by the Permittee. The District shall not be obligated to place such a requirement on any third
party, and shall not be obligated to enforce any provision containing such requirement. The
District shall not be liable in any manner for any costs to repair or restore the permitted facilities
due to failure of any user to pay such costs or to complete repairs or restoration to such facilities.
6. It is understood that prior to any installation, modification, or extension of any facility
within the Permit Area herein described, the Permittee shall first supply the District with detailed
drawings and specifications relating to such proposed construction and that no construction,
installation, or modification shall be performed until the plans have been approved in writing by
the District; Provided, however, that the approval of the District to the performance of such
construction shall not in any manner be considered as imposing any obligation upon the District
as to the safety or propriety of such installation or construction; the sole consideration of the
District being the compatibility of the Permittee's proposed improvements with the District's
current and anticipated future use of the property.
7. The District shall not be liable for any claims or damage to Permittee's or its
contractor's property, facilities, or appurtenances constructed or placed in, under, or upon said
property by Permittee; it being understood and agreed that such property is now and will
continue to be used as utility property subject to use by heavy trucks and machinery for power
line construction, installation, and maintenance, and for transmission of high voltage electricity,
among other things; however, the District shall exercise reasonable care to protect Permittee's
and its contractor's property, facilities, or appurtenances from damage or harm except in time of
emergency.
8. 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 any construction or
maintenance work to be done in accordance with the provisions of this permit.
Permittee agrees that as a condition to this permit, Permittee shall take all reasonable
precaution to protect and preserve from damage, destruction, or interference the District's lands,
vegetation, structures, related electrical facilities, and access roads located upon the Permitted
Area or upon the District's adjoining right-of-way property and should said District lands and / or
facilities be damaged, destroyed, or interfered with in any way by reason of Permittee's use of
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maintenance of said property, Permittee shall immediately restore said lands and / or facilities
to their former condition at Permittee's expense. Should it be necessary for the District to
remedy any harmful or adverse conditions resulting from Permittee's use or maintenance 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 as a result thereof. 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.
9. The Permittee does herewith assume all risk of loss, damage or injury which may
result from the presence of Permittee's and / or contractors or business invitee's property or
persons upon said real estate and waives any right of recovery for damage 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, contractor's, or
business invitee's, or to their persons or property, or otherwise, that may in any manner directly
or indirectly arise out of the construction, operation, repairs, use, maintenance or patrolling of
the permitted facilities subject to this permit or out of the operations of the Permittee, its
contractors, successors, or assigns upon District property pursuant to this permit.
11. The District shall not be held liable for any claims or damage to Permittee's property,
facilities, improvements, or appurtenances constructed or placed upon District property by
Permittee.
12. The Permittee shall not use said Permit Area for any unlawful purposes, or for
any purposes other than those stated 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 put 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, contractors, business invitees, 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.
13. Permittee agrees to hold and save harmless the District from and against any and all
claims for damages, whether to Permittee's agents, contractors, or employees, or to other
persons, including but not limited to business invitees of Permittee, or property, including but
not limited to claims of injury or damage resulting from high voltage induction or electromagnetic
fields that may in any manner directly or indirectly arise out of the construction, use, operation,
repair, maintenance, or patrolling of the permitted facilities by permittee and / or its contractors,
pursuant to this permit or out of the operations of the Permittee, its successors, or assigns
pursuant to this permit.
14. Permittee agrees for itself, its employees, agents, contractors, successors and
assigns that it is not now known whether the presence of high voltage electrical transmission
lines and resultant electromagnetic fields may have any injurious effect upon humans or animals
in close proximity, that without the use proposed by Permittee access to the subject property
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would otherwise by restricted, and that Permittee's agreement to the indemnification provision
herein is a material consideration without which this permit would not be granted; and Permittee
2pecifically and expressly waives any immunity under Industrial Insurance, Title 51, RCW, and
acknowledges that this waiver has been mutually negotiated by the parties.
PROVIDED, that with regard to Permittee's construction, alteration, repair, or
maintenance of the permitted facilities or appurtenances located upon property owned or
controlled by the District, if any claim for damages is caused by or results from the concurrent
negligence of (i) the District, its agents, or employees, and (ii) Permittee, its contractors,
successors, or assigns, the obligations of Permittee shall be valid and enforceable to the extent
permitted by law, and provided further that Permittee's obligations shall be inapplicable to the
extent that any such claim arises from a willful and unjustifiable act or omission of the District,
its employees or agents.
15. During the installation, modification, maintenance, or repair of the permitted
facilities by Permittee, its contractors, successors, or assigns, pursuant to this permit, a1f
reasonable precautions shall be taken to ensure that the present or future facilities of the District
be protected from damage.
16. Permittee shall not install any improvements which may provide or facilitate
unsafe access to the District's utility poles, lines, or equipment;
17. Permittee shall not erect or permit to be erected upon District 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 other than
vehicle parking during reasonable business hours. The Permittee shall not perform or authorize
any blasting or discharge any explosives on the District's property.
18. Permittee expressly disclaims for itself, its heirs, successors, or assigns, any
right, title, or interest of any kind or nature in and to the Permit Area 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 Permit Area 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 shal I 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 harmless 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.
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Docusign Envelope ID: DA3BF3A9-1600-439E-W67-41764643EMCF
19. Permittee shall carry 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)
Property Damage
Or
c. Combined Single Limit
d. General Aggregate
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$2,000,000
$2,000,000
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 described insurance coverage herein shall also be required by Permittee of its
general contractor during the conduct of any construction activities on District property.
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 shall be submitted to the District prior to
Permittee's use of the premises. 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
Unless otherwise agreed, all insurance policies shall be obtained and maintained with
companies rated A- or better by Best's Key Rating Guide. Nothing contained in these insurance
requirements shall be construed as limiting the extent of Permittee's or its contractor's
responsibility or liability for payment of damages resulting from or in connection with its
operations under this contract.
20. In consideration of the grant of this permit, the Permittee shall be responsible
for, pay in full, and indemnify and hold harmless, the District from and against any and all
assessments, real property taxes, leasehold excise taxes assessed pursuant to RCW 82.29A, or
payment of any and all other taxes of whatsoever nature which may be assessed as a result of
the use of the land under this permit or installation or use of the permitted facilities upon such
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land by Permittee, except for taxes levied on income to the District.
21. This permit is not transferrable.
22. There shall be no storage of equipment, materials, vehicles, fuels, paints, solvents,
oils, pesticides, or other sources of contamination upon District property, except for fuel in non -
leaking vehicles and equipment parked upon the Permit Area during Permittee's business hours,
for Permittees' employees, contractors, and business invites. There shall be no dumping or
disposal of any kind on the District's property. No fill shall be imported to District property except
fill known to be clean, contaminant -free, and capable of supporting vehicles and structures to be
placed thereon.
23. Spills and leaks of gasoline, oil, hydraulic fluid, or other dangerous or hazardous
substances, pollutants or contaminants upon the Permit Area, shall be contained by Permittee
and / or its contractor within one (1) hour of discovery, and shall be reported to the State of
Washington, Department of Ecology, and to the District, cleanup initiated by Permittee and / 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 law; no residual contaminants shall remain, requiring use
of "institutional controls".
24. Permittee shall be responsible to maintain adequate support around utility poles for
any excavation within the Permit Area, and to maintain adequate and lawful clearances at all
times from District power lines and facilities. Changes to the District facilities deemed necessary
by the District as a result of any site alterations constructed by Permittee shall be at Permittee's
sole expense.
Permittee agrees to maintain WAC clearances from District lines and ensure any
stockpiles are twenty feet (201 from poles.
25. Permittee agrees to pay to the District a one-time fee of one thousand dollars
1 000.00 .
26. This Permit will expire nine (9) months from the signature date of Permittee.
DATED THIS 2 Y day of e 6F%EY!?&EV_, , 2024.
This area left intentionally blank.
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PUBLIC UTILITY DISTRICT NO. 1
OF SNOHOMISH COUNTY
By:
aureen Barnes
Manager, Real Estate Services
Permittee hereby agrees, accepts and will comply with all of the terms, conditions and
restrictions contained in this permit.
THE CITY OF EDMONDS
BY: ESigned by:
Lt, 96St,lA,
ITS: Mike Rosen
121 5th ave N
Address:
Edmonds, WA 98020
Date: 9/11/2024
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UVPY
Exhibit "A"
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REQU!REDI
CrrY CLERK
CiSTH n' OF EEWE DNS
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EASEMENT
E SIOloO
SE 31(27A)
Pi 59005
Grantor(s) Pu611e Utility
DI tract No 1 of Snohomish County
Grantee(s) Ci(y of Edmonds
GJSrw SE 31147A)
Parcel No 27 0431 0" 03100
In The matter of C ty of Edmonds hyenurbad Trpd
1 In 00"ila(at ion for OaymCnt of the si m of One Dollar ($ 1 001 a d other good and vaiuebte
consideraton recetolafvl»rtt is ryafeby pukngyytedged PUBLIC UTILITY DISTRICT NO 1OFSNOHOMISN
COIJNTY a"lastingbm Log -al On i'Grmitpr) hereby grams umo CM OF EDMONDS a mum c pal c0 poration
( Grantee ) a man excfulive perpetub Amq(11 subject 10 the approval of Grcntoras to oeat on and grade to
construct and ma MAI apublic ratie„honaf tea I err ex a isiom of the his urban Tra f upon and across a print on of
that certain property of Grantor knoyn asote PabOc hoRtlwdst Tact on Company Right or Way said port on (Ihe
Easement Probe ty) be rg more paplcalarjy de cr bed as fal qns
A step of land 16 0 Taut in width Or ng to feet onreacheldo of the centadmo of lho b acktop troll tole
constructed within that Pcnlon of the Pscdk Nortivkes[Tracllon Company P, ght o' nay IOcatod within the
&MInoaetquartorof Socdan3l Town5111p27North Rangiv4East W M
Situate n the County of Snohomish Stato of Washi lgt-Jn
Tax Parcel Nee 27 0431 004 031 00
In addt0on to the Easu ment Property Grantee shall be permitted to occupy portions of Grantors Right of
Way adjoining said oasomont to tha extent necessaliy to eonbtrutt Instill and It sintaln the tract described m
Section f herein provided that such occupancy of additional portions of Grantor s Right of Way ohatl be
subject to all of the terms and condit one sot forth herein
2 In partial cons derai on for the easement nigh js g ented f erem Sranlee hereby dgmes not to make
o levy any Chat gas or.,ssrss Tien s whatsoever 39a rut Gramo or any of G Amor's property ter n can teal on w Ih
are
a result of any of Gremlie a mpmvemcrts in under or upop the Easement
aseent Properly W Ihoul in anyway
I m t rag m f0 ago nq d foralny reason Grantors rent red to pay ib Venoms or assesgmem fo n conned on w Ih
o as a result of any of su.h Improvements Grantee ahalf mmediataly pay to Ci= or as addlt oval consideration fc
he easement nghts granted here n an 31 ioum equal to the tots) amount of such charge or e,se<smem
3 Grantee he eby agrees that no cansiMpt on rl.tafta yn mad f at on m3 ntenance or reps may
be performed In under or upon the casement Property b'l or on b-half Of Gcamac uatess and unt I (t) Grantor she I
have been furnished w th a complete and ennept copy of and shag have apprWed•m wrdng V. p ans and
spoareef on slate g 10 such proposed construct 03 1 stall t on prod food an n a Tile N ,a or repair and ( ) any
contracts 10 be involved in any such construe ton Insist is"n modircoach, maintenance or reps r ab d11 have
applied for and been gramlad a Lim ad use Perri (Spacial Condhwrs) fica,, haaever that in the event hat
any emergency maintenance or reps., shell be requ red in under or upon the E3serient Praperry Grantee shall be
,nt red to carry out Such ma Memenice or repaww Ihouc prior approva by Grantor so iupg a6A anlr_•rot fee Gra tip
Of such maintamnce or reps a as soon as predicable after commenceme it thereof
Without In any way Ilrrilting any of the foregoing Grantee hereby agrees to accept rpliponsibmty or habit ty
whatsoever for damages of any kind to Grantors proporty or adjo Wing pmperbott n tOnnoetion with or as
a raautt of any conatru..tfon installation, Operation modgtc3don malntoriance armbatt of Da[dilrall Ay seer
behalf of Grantee Grantee egress to raparr acid damages Includfng but not hm ted tq any soused 6y
drainage of storm water onto Grantors property and/or adjoining proportion
4 Grantee adtnovAedges that the Easement Property s mow and w II n the future oonl nuOto 6q
usdd by Grantor for tit lily purposes mdudinp bul not bmted to the ba•lsm ss an of h gh vohage electric tIparfd the
construct on meta shon and ma''mane" of Power lines us rag trucks and o her heavy equ pmenl rranteb hereby
agrees that Grantor shall have no respons b 14 o lab ty whatsoever for n connedto 1 with or as a fc5s0atany
damage to a Ja s of any o' Grantee s property face I es Improve merits or appurtenances in under or upon the
Fusement Property whether as a result of Grantors ads o om as ons Wroth-rivise
I
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 obhgat ons 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 ct 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 (it) any act or omtssion
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 includ ng 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 port ons 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 transmiss on lines and resultant electromagnet c 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 la the indemnification provisions contained herein is a material inducement to Grantors entry
into this agreement and that Grantor would not have entered into this agreement or have granted the easement
rights contained herein absent Grantees agreement to such indemnification provisions
T Grantee hereby covenants and agrees that during any construction instalet on operation
modification maintenance or repair by or on behalf of Grantee pursuant to this agreement Grantee and its agents
and contractors shalt comply w th 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 F fly
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 veh cular 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 fail ties 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
Grantors use of such roadway Grantor shall be entitled to close such roadway temporarily at anytime 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 al[ 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 fee Idy or operation of Grantor Grantee shall commence such
relocation or removal within 120 days after Grantees 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 Grantees sole cost and
expense such of Grantee s facilities as Grantee has failed to relocate or remove in accordance with the foregoing
requ rements
11 This agreement and any and all rghts 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 is
facilities in on or under the Easement Property
12 This agreement sets forth the entire agreement of the parties and supercedes any and all pnor
agreements with respect to the subject matter of this agreement The nvalidity or unenforceability of any provision
of thts 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 we ver at any time by a party of any of its rights vnth 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 shalt 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 suds actions or ciacros of any character brought because of any injuries or damage
which may result from carry ng out the work to be done under the prov sions of this Easement
17 Grantees Contractor shall notify Grantor 72 hours in advance of the need for temporary support of
a power pole Arrangements for temporary relocat on of a power pole or anchor will be made in advance of
commencement of construction This work will be accomplished by Grantors employees at Grantees expense
16 Grantees Contractor shall post a $20 000 00 depositor 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 Grantors 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
Dated this N day of 1>eg,171 Aa-t— 204�q
PUBLIC UTILITY DISTRICT NO t
OF SNO H COUNTY / n
By (J j j�•u---
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 OF ED ONDS
By _
Name esa
(REPRESENTATIVE ACKNOWLEDGMENT)
(PUD)
State of Washington
County of Snohomish
I certify that i know or have satisfactory evidence that ,_ _ _ Steven J Klein _
signed this nstrumenl on oath stated that (heiishelthey) (washiere) authorized to execute the nstrumenl and
acknowledged it as the General Manaoer _ of Public Utility District
No 1 to be the free and voluntary act for the uses and purposes mentioned n the instrument
,04
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rq typTAEZY i
PUBLIC
�� B 2B 2010
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Dated
Signature of
Notary Public�iL--
itte _Notery Public /
My appo ntment expires 111�glob/ �%
REPRESENTATIVE ACKNOWLEDGMENT
(CITY OF EDMONDS)
State of Wn 5 #1NG To n!
Countyof SWPIrOmISH
! certify that I know or have satisfactory ev dence that "-12AY �IR�K �NSv
stgnud this instrument on oath stated that (helshelthey) (waslwere) authorized to execute the instrument and
acknowledged i as the �l I &a of Cfty of Edmonds to be
the free and voluntary act for the uses and purposes ment ened in the instrument
Dated MAIL Z 3, ,ZO)o
r
Signature
Notary Pu6E€c
Tale ' Notgry Pubbo
My appo ntment expires IJ-D 9 - 13
RESOLUTION NO 5471
A RESOLUTION Declaring an Interest in the Pacific Northwest
Fraction Compan} Po,�;er Line Corridor Property to be Surplus
and Granting the Cit) of Edmonds an Easement for Extension of
the interurban Trail
WHEREAS Public Utility District No I of Snohomish Count} (the District') owns
the Pacific Northwest Traction Company Power Line Corridor properry Nthich is real
property with significant Falue to the District and
WHEREAS, City of Edmonds has requested that the Distnct grant a non-exclusive
perpetual easement across a portion of such real property, and
WHEREAS City of Edmonds and the Distnct 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
tiVBEREAS the Commission held a public hearing to consider declaring the
easement surplus to the needs of the District and comeytng said easement to the City of
Edmonds, and
WBERESS basest upon the information presented and the recommendation of staff
the Cornmrssion of Public Utility Distnct No I 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 iinprovements 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 nghts, and
4 May be conNe}ed to the Cit) of Edmonds within the limitations of the
Distnct s Power Line Corridor Propertv Policy as set forth in Resolution
No 2989
Resolution No 5471 — 2 —
NOW THEREFORE BE IT RESOLN'ED b� the Commission of Public Utility
District No 1 of Snohomish County that
• The District's interest in the real property descnbed in the attached Exhibit
"A' is surplus to the Distnct's needs, and
• The consideration to be received by the District for such real property mutual
benefit represents more than fair market � alue thereof
BE IT FURTHER RESOLVED that the General Manager of the District or the
1
General Manager s designee is authorized to
• Execute and delver a instrument in the name of and on behalf of the Distnct to
City of Edmonds in the form of the Easement attached as Exhibit ` A" hereto and
• Execute anti other documents and tale anv other action necessary to complete the
transaction
PASSED AND APPROVED this 15a' day of December 2009
President
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interest 211 r ttl to Litt. rcl le. t IQ 0 c.t t.bctl pray- t_ Lo itGd
in snolwmish Cou,)Lf AOSitlnrito" LC-wt.t
PARCEL 1 A rcctangull) s1111,ed piece of land
lying adjacent to snd c19t of the right of wa}
of tltc former North Lost It1nsPvrtatlon Cor*,pany
in Se(-l.zon 32 Tokn.,ltsl) 29 NorLh Range 5 Oast
w +t and Section 5 Toonst-ap 28 North Range 5
Last. W M Contalni-Ig ') 5 tcres Marc or mess
and being more part•icullily described as follows
Commencing it the south e.,t co,.ner of Stwction 32
To,.nsttip 29 North Rt,ngc 5 _,st t M L) ence
east along the South lane of sttd S ction 32
641.54 rLet to point of bcginning thence on
a Lourse south 520-�1 30 wc.,t 44 91 fccL LC
the east line of the 1.e3ht oL W-ly o Nort), Coast
Transportation Com-piny thence on a cou>;sO south
37006130 east, along s-lid right of wly lino
660 feet thence on a course north 52`51'30"
elst 165 fect thence nn t coLrie rorth 37'
08,30 west 660 feet tllencc on a rourac hoLth
1 1 3051 30 rise 120 06 Let to port of beginning.
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license franchise or other situate in
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