HomeMy WebLinkAbout1968 - Easement - Puget Sound Power & Light Company - 6343856That in consideration of the sum of One Dollar ($1.00) in hand paid, receipt
in
of which is hereby acknowledged, and the performance by Grantee of the covenants
C"3 hereinafter set forth, Grantor hereby grants unto Grantee, without warranty of any
kind, a right of way not exceeding 15 feet in width, hereinafter described, for the
n construction, maintenance and operation of the following described service facility:
E A S E M E N T
5083 557
THIS INDENTURE, made this 2z', day of 1968, between
PUGET SOUND POWER LIGHT COMPANY, a Washington corporation, herein called "Grantor
and the CITY OF TUKWILA, herein called "Grantee
WITNESSETH:
Utility mains and lines with necessary appurtenances within and across the
following described land situated in the County of King, State of Washington, to -wit:
A fifteen foot wide strip of land described as the west 15 feet
of the east 21 feet of the following described tract:
That portion of the Northwest 1/4 of Section 26, Township 23
North, Range 4 East, W.M. lying between Primary State Highway
Number 1 and South Center Parkway, described as follows:
Commencing at the southwest corner of said subdivision; thence
South 89 °21'31" East along the south line thereof 1961.64 feet to
the west margin of 57th Avenue South (Mess Bros. Road); thence north
00 °09'22" West along said west margin a distance of 400.00 feet;
Thence North 89 °21'31" West a distance of 6.00 feet to the west
margin of 57th Avenue South as widened by deed from Southcenter
Corporation to City of Tukwila, and the true point of beginning;
thence continuing North 89 21'31" West a distance of 160.98 feet
to the easterly margin of Primary State Highway Number 1, as con-
demned in United States District Court Cause No. 6010;
Thence North 12 °46'41" East along said easterly margin a
distance of 9.48 feet to an angle point therein;
Thence North 23 °31'36" west along said easterly margin a
distance of 129.77 feet;
Thence around a curve to the left the center of which bears
North 78 °43'19" West, having a central angle of 00 °41'54" an arc
distance of 73.49 feet;
Thence south 89 °21'31" East a distance of 194.73 feet to the
west margin of 57th Avenue South;
Thence South 00 °34'46" East along said margin as widened a
distance of 200.00 feet to the true point of beginning;
This easement is granted on the following terms and conditions:
1. Said Grantee shall have the right, without prior institution of any suit
or proceeding at law, at such times as may be necessary to enter upon said property
for the purpose of constructing, repairing, altering or reconstructing utility
lines or mains or making any connections therewith, without incurring any legal
obligation or liability therefore, provided that such constructing, repairing, alter-
ing or reconstructing of such utility lines or mains shall be accomplished in such a
manner that the electrical underground facilities of the Grantor, fences, lawn, shrub-
bery, drives and walkways and land contours existing in the right of way shall not be
disturbed or destroyed, or in the event that they are disturbed or destroyed, they
will be replaced in as good a condition as they were immediately before the property
was entered upon by the Grantee.
2. 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.
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3. Grantor reserves the right to use said land for its own purposes 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.
1 The right hereby granted shall cease and determine whenever Grantee shall
have permanently abandoned the use of said facility and upon such abandonment Grantee
b, shall remove its facility and restore the premises to as good a condition as they
Qn were in prior to the construction of said facility.
CIO
5. If the Grantee, its successors or assigns makes an excavation in the
Grantor's property, it shall without delay restore the surface as nearly as practi-
cable to the same condition as it was in before the doing of such work.
6. This easement shall be a covenant running with the land and shall be
binding on the successors, heirs and assigns of both parties hereto.
IN WITNESS WHEREOF, This instrument has been executed by the parties hereto
as of the day and year first above written.
STATE OF WASHINGTON)
ss
COUNTY OF KING
Filed for Record r7Y1-#-( Zp a' �l
Resueit of
ROBERT A. MORRIS, County Auditor 2
PUGET SOUND POWER LIGHT COMPANY
M na er, Real 'Estate Division
GRAN TO
CITY OF TUKWILA
By__
GRANTEE
On this 17 day of`r;. 1968, before me personally appeared
ROBERT C. WING and C. B. SCHOEGGL, -t'o 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 instrument, and acknowledged 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 they were authorized to execute said instru-
ment and that the seal affixed is the corporate seal of said corporation. ;i'
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o
the day and year first above written.
Notary Public in,and for the State of Washington,
residing at