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HomeMy WebLinkAbout1980 - Easement for Underground Electric System - Nilsen Gary / Schneider Lyle - 80100305668010030566 puget power easement for underground electric system • his separate estate) GARY nilseN, an hIR uoparate niitate)_ columbia MORTGAGE COMPANY, asmurtgagee) — nnd LYle schneideR,. an Iinn.or" herein). grnnt. ron%r, and warrants Pitti r 5OI NI) Pt)WER P. LI CiIMPANY, a Washington urea fxiintinn ("Granter" herein). for the purposes hereinafter tau for-it n perpetual easement u maims and aver the fnl• liming described real property (the "property" herrinl - -- - King_____ Co Washingtun. (See Exhibit A Attached) E icepl its may be otherwise set forth ),arc:. r, grantee's rights shall he exercised upon that portion of the Property (the "Right - 'o( Way" herein) described as follows: • / - Right-of-Way 1 feet In width having 5 feel of such width on each tide of a center - `line described as follows: The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated, lying within the southwesterly 30 feet of the above described property, provided such easement does not encroach upon any building or its footings. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace nnd enlarge an underground electric l it transmission and/or distribution system upon and under the Right-of-Way together with all necessary or convenient spa uctenanees therefor, which may Include but are not limited to the following: underground conduits, cables, rommuniation lines; vaults. manholes, switches, and transformers; and semi- buried or ground mounted facilities. Following the Initial con - a struction of Its facilities, Grantee may from time to time construct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to the Right-of-Way over and across the Property to enable Grantee to exer- t j{: cite its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused by the rxec- r cite of said right of access. i z• . 1.1. s. Obstructions; Landscaping. Grantee may from time to time remove trees, bushes. or other obstructions within the Right - f'I{i• of -Way and may level and grade the Right-of-Way to the extent reasonably necessary to carry out the purposes set forth In t paragraph I hereof, provided. that following any such work. Grantee shall, to the extent reasonably practicable, restore the Rightof -Way to the condition It was immediately prior to such work. Following the Installation of Grantee's underground i:'' facilities, Grantor may undertake any ordinary Improvements to the landscaping of the Right-of-Way, provided that no trees or Z other plants shall be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and '' restore. - i ; ' 4. Grantor's Use of Right-of-Way. Grantor reserves the right to use the Right-of-Way for any purpose not Inconsistent with ;y: 'the rights herein granted, provided: that Grantor shall not construct or maintain any building or other au ucture on the Right - ;r: of-Way which would Interfere with the exercise of the rights heroin granted; that no digging. tunneling or other form of con - lfys. struction activity sh■il be done on the Property which would disturb the compaction ot• unearth Grantee's facilities on the "'t 1. Right-of-Way, or endanger the lateral support to said facilities; and that no blasting shall be done within 1t) Inlet the Right-of- 44,1t: Way, t, ? I. Indemnity. By accepting and recording this easement. Grantee agree to indemnify and hold harmless Grantor from any : and all claims for injuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the rights Ise: herein granted: provided, that Grantee shall not be responsible to Grantor for any Injuries and/or damages to any person et I. caused by acts or omissions of Grantor. 102. iL Abandonment. g d ment. The rights herein granted shall continue until such time as Grantee ceases to use the Right—of—Way for a period of five (s) successive years, In which event this easement shell terminate and all rights hereunder shall revert to Gran - tor, provided that no abandonment shall be deemed to have occurred by reason of Grantees failure to Initially Install Its Ft• facilities on the Right -of -Way within any period of time from the date hereof. 7. Successors and Assigns. The rights and obligations of the parties shall Inure to the benefit of and be binding upon their retpeettve successors and strips. FILED FOR RECORD AT REQUEST OF • R - 1313 52 PUGET POWER KJ /44 REAL ESTATE DIVISION 445931 PUGET POWER BLDG. 234/89 BELLEVUE- WASHINGTON 9RO09 ATTE:171ON: GEORGE LERTKANTTTHAM 1 "a CXCISE TAX NOT R(;QUil LO • King Co, Record: DiviiIon p .� *Deputy . , Ca:t b.i" ' • ' .,.'*- • . -4:: . • . STATE OF WASIIINGTEIN ) • . — - SS Cotl,NTY OF iti,ng , ) r 4:• : 1 ! : .; ** signed the same as " free and voluntary act d deed for the uses and purpos therein mentioned. . 0 executed Schneider me If' On ihis.dny pers,4nally appeared before me i Ir known to be the individual described in and wh L. instrument, and acknowledged that 1 0 1 • 4 ,• •1• • he GIVEN undar my hand and official seal this 12_ day of A tiu, / vr r • , L1(.& . . )....higifdp,, :FrATE OF WASHINGTON ) SS COUNTY OF. King I : . On this day personally appeared before me Gary Nilsen me known to be the Individual — described In and who executed the within and foregoing Instrument. and acknowledged that he signed the same h free and voluntary act and deed for the uses and purposes therein mentioned. (./ ....GIVEN under my hand and official seal this g ' 7_ day of , , , ,; • • :n ' day at LUMIIIA MORTGAGE COMPANY •/0' • st.ant Vice President • : OREGON 1! STATE OF 1.“11(1414trtia ) SS f OF *QTril• ) • . . (WAN ji On this day of September • Robert T. Fuchs co me known 10 be the Assi stant t Vice President 11! • • COLUMBIA MORTGAGE COMPANY r.n GRANTOIV/ 7 \ ' - emu 11 Ga •'7; 4 Schneider Notary Publt and feitbe IRV rl *tate of r..thIngton, residing at & ,' On this day personally appeared before me Lyle Schneider 1 Jo me known to be the individual _ described In and who executed the within and foregoing Instrument. and acknowledged that he signed the same as his free and voluntary act d deed for the uses and purposes therein mentioned. GIVE11 tinder my hand and official seal this 47 . 10 ..B.E. before me, the undersigned, personally appeared us Pr respectively. of the corporation that executed the foregoing instrument. and acknowledged the said Instrument lobe the free and voluntary act and deed of said corporation, for the uses and purposes therein >4 men an d on oath s l a t e d that • Robert T, Fuchs authorised to execute the said Instrument and that the I .peal affixed Is the corporate seal of said corporation. . • N-•.. . ,: • . 0. . Witneu my hand and official seal hereto affixed the day and year first above writteils. -,.,,, . . _ d ASCOttlf0011. 0 regoii Notary 0; expires 4/16/8/ EXHIBIT A Parcel 4 Tract 1 of Interurban Addition to Seattle, according to the plat recorded in Volume 10 of Plats, page 55, in King County, Washington; EXCEPT that portion lying northerly of a line which extends northeasterly, perpendicular with the westerly line of said tract, from a point on said westerly line which is 685 feet southeasterly from the northwest corner of said tract. Parcel B: That portion of the following described property lying between the south line of South 149th Street as conveyed b, Puget Sound Power 6 Light Company to the City of Tukwila, by deed dated October 25, 1965, recorded August 28, 1965, under Auditor's File No. 6557639, and the south line of the Northeast 1/4 of Section 23, Township 23 North, Range 4 East, W.M., in King County, Washington: That certain piece of land 100 feet wide, being 50 feet in width on each side of the centerline of definite location of the Seattle - Tacoma Interurban Railway (now Puget Sound Elec- . tric Railway) across that portion of the William H. Gilliam Donation Claim lying within the Northeast 1/4 of Section 23, . Township 23 North, Range 4 East, W.M., in King County, Washing- ton, the centerline of said strip of land being more particu- larly described as follows: Beginning at a point of the north boundary line of the William H. Gilliam Donation Claim in Section 23, Township 23 North, Range 4 East, W.M., 230.7 feet from the northeast corner of said Donation Claim; thence S 22 °37' E 1497.5 feet to point; thence curving to the left with a spiral having 9 chords 21 feet long, a distance of 189 feet, through 7 0 30' of curvature to a point; thence continuing to the left with an eight degree curve through 23 °08' of curvature a distance of 289.2 feet; thence continuing curving to the left with a spiral having 9 chords 21 feet long, a distance of 189 feet through• 7°30' of curvature to a point; thenro S 60 °45' E 509.5 feet to a point on the left bank of the White River, which bears S 29'58' E from the northeast corner of said William H. Gilliam Donation Claim a distance of 2443.2 feet, said'strip of land in King County, Washington; EXCEPT that portion conveyed to the State of Washington for highway purposes recorded under Auditor's File Nos. 6557639, .6614483 and 721214 -0414. . jNlt 11! 3 . 9 RE C(R6S x LLECTirnr� KING CC■,''N' • •