Public Utility District No 1 Distribution Easementz l Originator:
pDepartment/Division:
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Name of Cons ultant/Contractor:
in CONTRACT TITLE:
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0
CONTRACT ROUTING FORM
Henry Shroder
PW-Engineering
PUD Easement
No.
Routed by:
Date:
(City Clerk Use Only)
Emiko Rodarte
08/24/2022
Type of Contract: (GR) Grants (1) Intergovernmental Agreement (L) Lease Agreement
H (S) Purchase of Services (W) Public Works (0) Other
z
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t Bid/RFP Number: EOMA/c551
z
O
U Effective Date:
U Has the original City contract boilerplate language been modified?
If yes, specify which sections have been modified:
pDescription
U of Services:
Total Amount of Contract:
Budget #
U
J
w Budget #
Q Budget #
U
Q
z Are there sufficient funds in the current budget to cover this contract.
z Remarks:
Authorization Level: Council
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1. Project Manager
2. Risk Management/Budget
f Z 3. City Attorney
® 4. Consultant/Contractor
L� �] 5. Other
Completion Date:
OYes � No
Amount:
Amount:
Amount
? (�) Yes O No
❑✓ 6. City Council Approval
Date (if applicable)
0✓ 7. Mayor
❑ 8. City Clerk
08/31 /2022
08/16/2022
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
I l��l�ll III IN l l�l �I l IN �lll ill Nil �®N li ail l � l N
202208300087
EASEMENT Rec: $206.50
8/30/2022 9:48 AM 4 PG
SNOHOMISH COUNTY, WA
NO EXCISE TAX
REQUIRED
AUG 3 0 '2022
BRIAN SULLIVAN, Snohomish County r asu*F
By BRIA14 SULLIVAN
r
E-
WO# 100088321-10 N# 10000141650
DISTRIBUTION EASEMENT
Grantor ("Owner'): City of Edmonds, a Washington Municipal Corporation
Grantee: Public Utility District No. 1 of Snohomish County
Northwest Fiber, LLC, a Delaware limited liability
company, dba: Ziply Fiber
Short Legal Description: NW/SW S24, T27N, R3E, W. M.
Tax Parcel No: 00434210000000, 00434209900100
THIS DISTRIBUTION EASEMENT ("Easement") is made this 2 74 day of AtZIL6T 20Z2
by and between City of Edmonds. a Washington Municipal Corporation ("Owner(s)"), and Public Utility
District No. 1 of Snohomish County, a Washington State municipal corporation ("District"), and Northwest
Fiber, LLC, a Delaware limited liability company, dba Ziply Fiber ("Ziply"). The Owner, District and Ziply
are sometimes referred to individually herein as "Party" and collectively as "Parties". The District and Ziply
are collectively referred to as "Grantee".
WHEREAS, Owner is the owner of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter "Property"):
PARCEL 00434209900100:
LOTS 1 THROUGH 20, INCLUSIVE, BLOCK 99, CITY OF EDMONDS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGES 39 AND 39A, RECORDS OF
SNOHOMISH COUNTY, TOGETHER WITH VACATED EDMONDS STREET, PER CITY OF
EDMONDS ORDINANCE NO. 4028, RECORDED UNDER AUDITOR'S FILE NO.
201606230342.
PARCEL 00434210000000
LOTS 1 THROUGH 40, INCLUSIVE, BLOCK 100, CITY OF EDMONDS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGES 39 AND 39A, RECORDS OF
SNOHOMISH COUNTY, TOGETHER WITH VACATED EDMONDS AND SPRAGUE STREETS
AND ALLEY PER CITY OF EDMONDS ORDINANCE NO. 4028, RECORDED UNDER
AUDITOR'S FILE NO. 201606230342.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Owner, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct,
erect, reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground
electric distribution lines and facilities, Grantee -owned communication wires and cables, and other
necessary or convenient appurtenances, across, over, under, through and upon the following portion of
Owner's Property (hereinafter "Easement Area"):
Easement Area #1, Parcel 00434209900100:
The South five feet (5') of the East ten feet (10') of the above described real property for down -guy
and anchor.
Easement Area #2, Parcel 00434210000000:
The North five feet (5') of the East ten feet (10') of the above described real property less vacated
Sprague Street, for down -guy and anchor.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the adjacent Property of Owner where same is reasonably necessary for the
purpose of exercising its easement rights described in Section 1.
3. Owner's Reservation of Rights and Use of Easement Area. Owner reserves the right to use
the Easement Area in a manner that does not interfere with the Grantee's use of the Easement Area,
and/or present a hazard to Grantee's electric distribution lines and facilities, communication wires and
cables, and other appurtenances. The Owner shall not construct or permit to be constructed any
structures of any kind in the Easement Area without prior approval of the Grantee, except for those
structures in place at time of execution of this easement.
4. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said Easement
Area and keep the same clear of all brush, debris and trees.
5. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to cut,
slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to said lines and facilities, communication wires and cables, and other appurtenances
or the Grantee's access thereto. Trees, brush or other growth shall be deemed hazardous to the lines or
facilities or access of the Grantee when they are of such a height that they could, upon falling, strike the
nearest edge of the Easement Area at a height of more than fifteen feet (15). Except in emergencies,
Grantee shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give
Owner prior notice that such trees will be trimmed or removed.
6. Titie to Removed Trees Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 4 and 5 shall be
vested in the Grantee, and the consideration paid for this Easement and rights herein described is
accepted by Owner as full compensation for said removed brush, debris, trees and structures. Owner
shall be entitled to request fallen timber be set aside for Owner's personal use. Grantee shall make
reasonable effort to set aside said fallen timber provided doing the same is safe in Grantee's sole opinion.
Title to any fallen timber set aside in this manner shall revert to the Owner.
7. Restoration Provision. To the extent that Owner's Property is disturbed and/or damaged by
Grantee's exercise of its rights hereunder, Grantee shall restore the condition of the Property as nearly as
reasonably possible to its existing condition prior to said exercise of its rights.
8. Title to Property. The Owner represents and warrants having the lawful right and power to sell
and convey this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective
heirs, successors and assigns.
10.Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this
Easement shall lie in the Superior Court of Washington for Snohomish County, Washington.
11.Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity.
12.Grantee Acceptance. By recording this Easement, Grantee hereby accepts all provisions set
forth under this agreement.
IN WITNESS WHEREOF, this instrument has been executed the day and year first above written
OWNER(S):
CITY OF EDMONDS, a Washington Municipal Corporation
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Its: A-4M
(REPRESENTATIVE ACKNOWLEDGMENT)
State of A5 A 114 61111 rQ
County of 59OA00A 1! H
I certify that I know or have satisfactory evidence that MICHAC - M igned this
instrument, on oath stated that (he/she/they) (is/are) authorized to execute the instrument and
acknowledged it as the IVbHOIL of City of Edmonds to be the free and voluntary act for the
uses and purposes mentioned in the instrument.
Given under my hand and official seal this 1-4M day of Auf+6i 20�
Signature of
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Notary Public
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