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HomeMy WebLinkAbout1994 - Right-of-Way Deed - Puget Sound Power and Light - 9409130817 Filed for Record at Request of PUGET SOUND POWER & LIGHT COMPANY Real Estate Department P.O. Box 97034 Bellevue, WA 98009-9734 9409130817 RIGHT OF WAY DEED The PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation (hereinafter referred to as "Puget"), for and in consideration of Ten & No/100 Dollars ($10.00) and other good and valuable consideration conveys and quit claims to THE CITY OF TUKWILA, a Washington municipal corporation, (hereinafter referred to as "the City', the following described real estate for street right of way, situated in the County of King, State of Washington: A strip of land sixty (60) feet in width lying 30 feet on each side of the following described centerline: Beginning at the Southeast corner of Lot 2 of Short Plat 084-85 filed with the City of Renton under Recording Number 8702039008 in the Northwest quarter of Section 25, Township 23 North, Range 4 East, W.M.; thence North 01°21'49' West along the East line, also being the West margin of the Puget Sound Electric Railway 100 foot wide right of way, of said short plat 219.98 feet to the centerline of Tract "X" and the True Point. of Beginning of this centerline description; thence Easterly along a curve to the left whose radius is 1,000 feet and bears North 01°39'24" East through a central angle of 04°28'02" and an arc length of 77.91 feet; thence continuing Easterly along a curve to the right whose radius equals 1,000 feet and bears South 02°48'38" East through a central angle of 01°15'51" and an arc length of 22.06 feet to the East margin of said Puget Sound Electric Railway 100 foot wide right of way and the terminus of said centerline. Puget herein reserves unto itself, its successors and assigns, for the purposes hereinafter set forth, a perpetual non-exclusive easement (the "Easement" herein) over, under, along, across and through the above described real estate (the "Property" herein) subject to the following terms and conditions: 1. piprtrical Purvoses The right to construct, operate, maintain, repair, replace, improve, remove, enlarge and use one or more existing and future electric transmission and/or distribution systems over and/or under the Property, together with all necessary or convenient appurtenances thereto, which may include but not be limited to the following: a. Overheast facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable, communication and signal lines; transformers. b Underground facilities. Underground conduits, electric transmission and distribution cables, vaults, manholes, switches and transformers; semi -buried or ground mounted facilities such as pads, transformers and switches; fiber optic cable, communication and signal lines. Puget may, from time to time, construct such additional facilities as it may require for its systems. Provided, however, that no such enlargement or replacement of Puget's existing systems nor any construction of future facilities shall be of a nature, or in a location, which is inconsistent with the City's use of the Property for street right of way. 0 0 0 Ei394452 09/09/i994 9409130817 2. Access Purnonej. The right of access over, across and along the Property to enable Puget to exercise its rights under the Easement. Puget shall repair or reasonably compensate the City for any damage to Property, including damage to roads, trails, driveways and fences caused by the exercise of such right of access. 3. property Clearina and Maintenance Purnoseg. The right to cut, remove and dispose of any and all brush, tree's and other vegetation presently existing upon the Property. Puget 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 and and other vegetation upon the Property which could, in the opinion of Puget, interfere with the exercise of Puget's rights under the Easement or create a hazard to Puget's systems. The City shall be entitled to no compensation for the value of trees cut, trimmed, removed or disposed of 4. The Citv's Use of the Pronertv. The City shall not construct or maintain any structure or other improvement on the Property which will interfere with Puget's rights under the Easement herein, cause a violation of the National Electric Code or any other applicable law or regulation, or create a hazard to Puget's electrical systems or operations. Before the commencement of any work on the Property which would result in a change of the existing ground elevation, the City shall submit to Puget, for its review and acceptance, a set of plans and specifications detailing the proposed work. 5. Indemnity. Puget agrees to indemnify the City from and against liability incurred by the City as a result of Puget's negligence in the exercise of the rights herein reaerved by Puget, but nothing herein shall require Puget to indemnify the City for that portion of any such liability attributable to the negligence of the City or the negligence of others. 6. Successors and Assigns. Puget reserves the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests reserved herein and otherwise arising under this document. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. IN WITNESS WHEREOF, said coration has used this instrument to be executed this �TT- day of _ t4F•er- 1994. PUGET SOUND POWER & LIGHT COMPANY ACCEPTED AND APPROVED CITY OF TUKWILA By: Its: Approved as to 'Foro: 1 J6,Ze City Attorney tate & Facilities • RIGHT OF WAY DEED PUGET SOUND POWER & LIGHT COMPANY CITY OF TUKWILA STATE OF WASHINGTON ) SS. COUNTY OF KING On this % day of C.11•Dtr 1994, before me, the undersigned ARNOLD J. TOMAC, to me )mown to be the Director Real Estate & Facilities of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year firstabove written. i. 940913081? e. Notary lic in and for the State of Washington, residing at Sv o !AO h1 4 My commission expires $ —/S--9 FILED FOR RECORD AT REQUEST OF: PUGET PO?VE► REAL ESTATE DEPARTMENT • P.O. EOX 97034 BELLEVUE, WASHINGTON 98009.9734 477N: JCURT EC