HomeMy WebLinkAbout1967 - Easement - Puget Sound Power & Light Company - 6171896ryOL 4927 PAGE 658
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E A S E M E N T
THIS INDENTURE, made this day of 1967, 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 and NO /100 DOLLARS ($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 five (5) feet in width on each
side of the center line hereinafter described, for the construction, maintenance
and operation of the following described service facility:
A sewer line
within and across the following described land situated in the County of King,
State of Washington, to -wit:
A strip of land 100 feet in width in Section 23, Township 23
North, Range 4 East, W.M., in King County, Washington, known
as Seattle Tacoma Railway Right of Way, and also Puget Sound
Electric Railway Right of Way, the location of which being more
particularly described and set forth by instrument recorded
under Auditor's File No. 2629432, records of said County.
The center line of said facility shall be located as follows:
This easement consists of a 10 foot permanent strip, the center line of which
is described as follows: Beginning at the intersection of the center line of
said Puget Sound Electric Railway Right of Way with a straight line between
the northwest corner of said Section 23 and the northeast corner thereof;
thence southerly along said center line a distance of 1240.88 feet to a point
known as survey station 896 +69.94, according to survey of Tukwila Puget Inter-
urban Right of Way for Puget Sound Power Light Company by Robert P. McKiddy,
professional land surveyor, dated September 19, 1964; thence westerly at
right angles to said center line 50.00 feet to the westerly margin of said
Right of Way and the true point of beginning of said easement center line;
thence easterly at right angles to said margin 100.00 feet to the easterly
margin of said Right of Way and the terminus of said easement center line;
TOGETHER WITH a 40 foot temporary construction easement, the center line of
which is the same as that described above.
Said temporary construction easement shall remain in force during construction
and until such time as the sewers and appurtenances have been accepted for
maintenance and operation by the City of Tukwila.
This easement is granted on the following terms and conditions:
1. If said facility is an underground pipe or conduit, it shall consist of a
single line of pipe or conduit not over eight (8) inches inside diameter buried at
least three (3) feet below the natural surface of the ground at all points, and
Grantee agrees to install and maintain substantial permanent markers at both ends
of said facility on the right of way hereby granted sufficient to give notice to
all persons of the location of Grantee's buried facility.
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.
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.
4. The right hereby granted shall cease and determine whenever Grantee shall
cr` have permanently abandoned the use of said facility and upon such abandonment
Grantee shall remove its facility and restore the premises to as good a condition
J
as they were in prior to the construction of said facility.
5. Grantee agrees to pay any and all taxes assessed against its said facility
and shall reimburse Grantor for any increase in taxes payable by Grantor which is
based upon an increase in land valuation occasioned by the installation and mainten-
ance of Grantee's said facility.
6. if Grantee, its successors or assigns makes an excavation in the Grantor's
property, it shall without delay restore the surface as nearly as practicable to the
same condition as it was in before the doing of such work.
7. No assignment of the privileges and benefits accruing to the Grantee here-
under, by operation of law or otherwise, shall be valid without the prior written
consent of the Grantor.
8. The location of said right of way is shown on Map No. Sec. 23 -23 -4, dated
April 24, 1967, prepared by Hill Ingman, copy of which is attached hereto and by
this reference made a part hereof.
IN WITNESS WHEREOF, This instrument has been executed by the parties hereto as
of the day and year first above written.
Attest:``
Secr9 7y
STATE OF WASHINGTON)
ss
COUNTY OF KING
residing at
VOL 4927 PAGE 659
PUGET SOUND POWER LIGHT COMPANY
1'
By
Ma ager -Real (`s ate Division
GRANT
CITY OF TUK� W I LA
By
hex
GRANTEE
On this j P day of 1967, before me personally appeared
ROBERT C. WING 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 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.
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 State o1 Washipgton,
Pict 4927 PAGE 660
riied for Re cor4'° .a 5 1947 60 a gm.
Request of I
'ROBERT A. MORRIS, County Auditor
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Tax Lot Number
Easement Number
Permanent Easement
Temporary Easement
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STA. S9 69
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CITY OF TUKvi 1 L.A
HILL INGMAN
CONSULTING ENGINEERS SEATTLE, WN.
'EA sE4 EN 7_ i r` SECT/ON 23-23
RAWING
PROD. N0.44o 30 Sq DRAWN BY V A G lap-- A TE i DNUMlER
VOL. NO. CHECK BY I i_ -4 4-f7 1
SCALE In APPR. BY
KNOW ALL MEN BY THESE PRESENTS:
That PUGET WESTERN, INC., hereinafter referred to as
"party of the first part for and in consideration of ONE DOLLAR
and other good and valuable consideration, receipt of which is
hereby acknowledged, does hereby grant, release, and convey unto
the CITY OF TUKWILA, a Municipal Corporation of the State of
Washington, as "party of the second part an easement appurtenant
and perpetual over, on and to the following properties, described
as:
And the party of the second part to have for the purposes
of construction, repair, service, and maintenance of sewage pipe
lines and any other public utilities and services.
IN WITNESS WHEREOF the said parties have hereunto set
their hands and seals this 10th day of November 1966.
PERPETUAL EASEMENT
A 15 -foot wide easement, as measured 7.5 feet
perpendicularly each side of the following described
centerline:
Beginning at the northwest corner of Tract 2 of
the Plat of Andover Industrial Park No. 4, as recorded
in the book of Plats, Volume 79, pages 39 and 40,
Records of King County, Washington; thence easterly
along the north line of said Tract 2 a distance of
60.41 feet; thence S 01 44'27" W to the westerly line
of said Tract 2.
STATE OF WASHINGTON
ss.
COUNTY OF KING
PUGET WESTERN, INC.
By
Its
f
President
pt. I
Its
On this 10th day of November 1966, before me,
the undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared ROBERT C. WING
and R. F. WHALEY to me known to be the President
and Assistant Treasurer respectively, of PUGET WESTERN, INC.,
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 they were authorized to execute
the said instrument and that the seal affixed is the corporate seal
of_..sa.,id corporation.
WITNESS my hand and official seal her fixed t )7e day
1 am Lei f above written.
NOTARY PUBLIC in and for the
State of Washington, residing
at Bellevue
N
ANDOVER INf USTRI,L1 L. PA R
NO.
Overmyer Puget Western
1 of Tukwila, County of Xing, State of Washington:
Tract 1 of Andover Industrial Park No. 4
as por plat recorded in Volume 79 Of
?1ata, on pogo 39, records of Xing County.
thereon.
SUBS'CT.TO:
u O-y .,,a: _Y:SD
The Gr:...w., 2CCEa WESTERN, INC., a Washington corpo
it of Ter. Dollars ($10.00) in hand
ration, for and consideration o
Together with all appurtenances thsreto and all Improvements
i Utility an.d' rail easemonts and sotback lines'
as shown on the-plat.
2. Right of the public to oako,necessary slopes
for cuts or fills upon pro.erty heroin de-
e scribed in the original grading of streets,
avenues, alloys and roads, as dedicated in
the plat.
3. Restrictions contained in said plat, as f9
lbws:
pro
"J 41!.,:- g Th p lat shall be'subject to the
n
q•' vctive covenants, recorde on t he 28th day
g A.D. 1961, urdor County Auditor's
Fi ebruary
le No. 5256443, as 0odi'_iod by F ,e. .d:
No. 1, recorded on the 22.'..d day of September
A.D. 1961 under County Auditor's rile No.
5332848 and Amendment No. 2 recorded on the
let day of November A.D. 1962 under County
Auditor's File No. 5500900.
ntor, on behalf of itself. and the City of Tukwila
A
44 K h :lc Y' spective successors__ and ansig S,..rese Ves and ex-
cccts_a`n tu7e'nent and right of way for rob..d utilities-
to servo adjacent' propartiea within, under and across the fol-
lowing deacribed area:
e L.
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