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.
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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