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Home My WebLink About1971 - Easement - Puget Sound Power and Light Company - 7102240476T E A S E M E N T THIS INDENTURE, made this 9& of j� 1970, between PUGET SOUND POWER LIGHT COMPANY, a Washington corporation, herein called "Grantor," and the City of Tukwila, a Municipal corporation, herein called "Grantee," WITNESSETH: That in consideration of the sum of One Dollar ($1.00) in hand paid, receipt of which is hereby acknowledged, and the performance by Grantee of the covenants hereinafter set forth, Grantor hereby grants unto Grantee,. without warranty of any kind, a right of way not exceeding 5 feet in width for the C a construction, maintenance and operation of the following described service C facility: One 12" sanitary sewer line, within and across the following described land situated in the County of King, State of Washington, to -wit: The easterly 5 ft. of the Westerly 15 ft. of the southerly 270 ft. of the northerly 330 ft. of the SE 1/4 of the NW 1/4 of Section 25 Township 23 NR 4 EWM lying between the West Valley Hwy (SR 181) and the PSE Railroad right of way. This easement is granted on the following terms and conditions: 1. Grantee agrees that said sewer line will be buried at least seven (7) feet below the natural surface of the ground at all points. 2. Grantee agrees to notify Grantor 48 hours prior to beginning of construction by calling our Operations Office at AL 5 -2464, Extension 281, Renton, Washington 3. Said easement shall include the right of ingress and egress to, upon, and over said land to construct, maintain, operate, repair and replace said sewer line and also granting-to Grantee the use of such addi- tional area immediately adjacent to the above easement as may be necessary for the construction of said sewer, such additional area to be held to a minimum necessary for that purpose. The grant for use of the additional area shall terminate upon completion of said construction or no later than June 1, 1971. 4. Grantee agrees to save and hold Grantor harmless from all loss or damage which may be due to the exercise by Grantee of the right herein granted and from all claims for such damage by whomsoever made, and to indemnify Grantor for all such loss, damage and claims. 5. Grantor reserves the right to use said land for own pur- poses in any way, and to grant rights in said land to others not inconsistent with the right herein granted to Grantee, and Grantee hereby assumes all risk of loss or damage, including damage or injury to persons or to property which may be suffered by Grantee resulting from Grantor's use of said land and any of its equipment thereon, whether said damage or injury be due to the negligence of Grantor, its servants or agents, or otherwise. 6. The right hereby granted shall terminate whenever Grantee shall have permanently abandoned the use of said facility and upon such abandonment Grantee shall remove its facility and restore the premises to as good condition as they were in prior to the construction of said facility. .D 7. Grantee agrees to pay any and all taxes assessed against its said facility and shall reimburse Grantor for any Increase in taxes pay C) able by Grantor which is based upon an increase in land valuation occas- ioned by the installation and maintenance of Grantee's said facility. 8. When, as and if the subject sanitary sewer facility should C interfere with Grantor's existing structures or facilities, or the devel- opment of future structures or facilities on Grantor's property, said sanitary sewer facility shall be relocated within said property, or modified, at the Grantee's sole cost, to accommodate the aforementioned structures or facilities of Grantor. 9. If the Grantee, its successors or assigns makes an excava- tion in the Grantor's property, it shall without delay restore the surf- ace as nearly as practicable to the same condition as it was in before the doing of such work. 10. No assignment of the privileges and benefits accruing to the Grantee hereunder, by operation of law or otherwise, shall be valid without the prior written consent of the Grantor. 11. The dated May, f which is location of said right of way is shown on sketch at- 1970, prepared by Hill Ingman Professional Engineers, attached hereto and by this reference made a part hereof. PUGET SOUND POWER LIGHT COMPANY By.�.d? 4 Manager, Real Estate Division Attest: L S,e Vtary CITY A By GRANTEE -2- tached, On this day of 1970, before me personally appeared LESLIE A. DONNER and C. B. SCHOEGGL, to me known to be the Manager, Real Estate Division, and Secretary, respectively, of PUGET SOUND POWER LIGHT COMPANY, the corporation that executed the within and foregoing in- strument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein men- tioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corp- oration. Cit IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the o Was�, residing at N -3- F i i d i Easement •Number Hlll INGMAN`J Permanent Easement CONSULTING ENGINEERS SEATTLE, WNt Tj DRAWING Temporary' Easement PROD. NO. DRAWN BY NUMBER x