HomeMy WebLinkAbout2012 - Easement - Puget Sound Energy - 20120412000468RETURN ADDRESS:
Puget Sound Energy, Inc.
Attention: R/W Department
PO Box 97034 Est 06W
Bellevue, WA 98009 -9942
(Zach Bergman)
CONFORMED COPY
REFERENCE
GRANTOR: City of Tukwila
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: Ptns of Gov. Lot 11 SE 1 /4 of NW 1/4 of 25 -234
ASSESSOR'S PROPERTY TAX PARCEL: 252304 -9006
20120412000468
PUGET SOUND EN EAS 67.00
PAGE -001 OF 006
04/12/2012 10:55
EASEMENT
For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid,
City of Tukwila, a Municipal Corporation of the State of Washington
"Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation
"Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along
,across and through the following described real property herein) in King County, Washington:
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale
of electricity. Such systems may include, but are not limited to:
Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity;
fiber optic cable and other lines, cables and facilities for communications; semi- buried or ground
mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities
or appurtenances necessary or convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct
such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement
Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate
Grantor for any damage to the Property caused by the exercise of such right of access by Grantee.
2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of
any and all brush, trees or other vegetation in the Easement Area. Grantee 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 or other
vegetation in the Easement Area.
3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any
buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of
Grantee's facilities without Grantee's prior written consent.
4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result
of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the
negligence of others:
Strander Blvd Extension
101073289/080603
Page 1 of 6
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF AND AS GENERALLY DEPICTED ON THE DRAWING MARKED EXHIBIT "C"
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
THIS EASEMENT DESCRIPTION SHALL BE SUPERSEDED AT A LATER DATE WITH A
SURVEYED DESCRIPTION PROVIDED AT NO COST TO GRANTEE.
5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for a period of five (5) successive years, in which event, this easement shalt terminate and all rights
hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property
of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's
failure to initially install its systems on the Easement Area within any period of time from the date hereof.
6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or
all of its rights, benefits, privileges and interests arising in and under this easement. 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.
n
DATED this 5 day of ArItk..12-) 2012.
GRANTOR:
City of Tukwila, a Municipal Corporation of the State of Washington
Attest/Authenticated
BY: ntt A11.4 btpv41't/ BY:
City Clerk
STATE OF WASHINGTON)
COUNTY OF
ss
On this d ay of r l 2012, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known
to be the person who signed as Mayor, cf City of Tukwila, a Municipal Corporation of the State of Washington,
the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his free
and voluntary act and deed and the free and voluntary act and deed of City of Tukwila for the uses and purposes
therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said City
of Tukwila.
IN WITNE `q44 My have hereunto
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Strander Blvd Extension
101073289 080503
Page 2of6
Approved As to F
Attorney
set my hand and official seal the day and year first above written.
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Signature of Notary)
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rint or stamp name of Notary)
NOTARY PUBLIC in and for the State of
Washington, residing at `rt L- C`Y1 c:
My Appointment Expires: 1_2 -i 1 1�
EXHIBIT "A"
ALL THAT PORTION OF GOVERNMENT LOT 11 AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER, ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN
KING COUNTY, WASHINGTON, BOUNDED AS FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY, MEASURED AT RIGHT
ANGLES, TO THE CHICAGO, MILWAUKEE AND ST PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED
AND CONSTRUCTED;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT
ANGLES, TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACT CENTERLINE AS NOW
LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AN DISTANT 330 FEET SOUTHERLY, AT RIGHT ANGLES,
TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11;
ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY, AT RIGHT ANGLES,
TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO. 46;
EXCEPT THAT PORTION DEDICATED FOR PUBLIC RIGHT OF WAY UNDER KING COUNTY RECORDING
NUMBER 20110401000489.
Strander Blvd Extension
101073289/080603
Page 3 of 6
EASEMENT "A
Exhibit "B"
Legal Description
Power Easement
A 10.00 FOOT POWER EASEMENT OVER THAT PORTION OF GOVERNMENT LOT 11 AND THAT
PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL SITUATED IN SECTION
25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, BOUNDED AS
FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY, MEASURED AT
RIGHT ANGLES, TO THE CHICAGO, I MWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE
AS LOCATED AND CONSTRUCTED;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY, MEASURED AT
RIGHT ANGLES, TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD IvfAIN LINE TRACT
CENTERLINE AS NOW LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY, AT RIGHT
ANGLES, TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11;
ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY, AT RIGHT
ANGLES, TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLALYI NO. 46, SAID POWER
EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID HENRY MEADER DONATION
CLAIM NO. 46 AND THE EASTERLY RIGHT OF WAY MARGIN OF THE UNION PACIFIC RAILROAD
COMPANY RIGHT OF WAY, FORMERLY THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY RIGH'1
OF WAY;
THENCE SOUTHERLY A DISTANCE OF 358.93 ALONG SAID EASTERLY RIGHT OF WAY MARGIN BEING
A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 5,686.65 FEET, A CENTRAL ANGLE OF
3 °36'59 AND THE CHORD OF SAID CURVE IS 358.87 FEET IN LENGTH AND BEARS SOUTH 0°26'19"
WEST;
THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY MARGIN SOUTH I °2211"
EAST, 31.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH 1 °22'11" EAST,
108.00 FEET;
THENCE LEAVING SAID EASTERLY RIGHT OF WAY MARGIN GI NORTH 88 °37'49" EAST, 10.00 FEET;
THENCE NORTH 1 22'11" WEST, 97.25 FEET
THENCE SOUTH 87 °1425" EAST, 113.75 FEET;
THENCE NORTH 2 °45'35" EAST, 10.00 FEET MORE OR LESS TO THE SOUTHERLY RIGHT OF WAY
MARGIN OF STRANDER BLVD;;
THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY MARGIN OF STRANDER BLVD NORTH
87°14'25" WEST, 103.00 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING THERE
TERMINATING.
TOGETHER WITH ANY EXCEPTIONS, RESERVATIONS, COVENANTS, CONDITIONS, RESTRICTIONS,
EASEMENTS AND /OR TERMS.
CONTAINING 2,110 SQUARE FEET, MORE OR LESS.
AS SHOWN ON INCLUDED EXHIBIT "C
TOGETHER WITH
EASEMENT `B
A 10.00 FOOT POWER EASEMENT OVER THAT PORTION OF GOVERNMENT LOT 11 AND THAT
PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL SITUATED IN SECTION
25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, BOUNDED AS
FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY, MEASURED AT
RIGHT ANGLES, TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY IvfAIN TRACT CENTERLINE
AS LOCATED AND CONSTRUCTED;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY, MEASURED AT
RIGHT ANGLES, TO BURLINGTON NORTHERN R BROAD COMPANY'S OLD MAIN LINE TRACT
CENTERLINE AS NOW LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY, AT RIGHT
ANGLES, TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11;
ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEb 1 SOUTHERLY, AT RIGHT
ANGLES, TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO. 46, SAID POWER
EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS:
City of Tukwila/PSE Easement Strander Blvd. Page 4 of 6
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID HENRY MEADER DONATION
CLAIM NO. 46 AND THE EASTERLY RIGHT OF WAY MARGIN OF THE UNION PACIFIC RAILROAD
COMPANY RIGHT OF WAY, FORMERLY THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY RIGHT
OF WAY;
THENCE SOUTHERLY A DISTANCE OF 358.93 ALONG SAID EASTERLY RIGHT OF WAY MARGIN BEING
A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 5,686.65 FEET, A CENTRAL ANGLE OF
3 °36'59 AND THE CHORD OF SAID CURVE IS 358.87 FEET IN LENGTH AND BEARS SOUTH 0 °26'19"
WEST;
THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY MARGIN SOUTH 1°22'11"
EAST, 3150 FE'E`D;
THENCE LEAVING SAID EASTERLY RIGHT OF WAY MARGIN SOUTH 87°1475" EAST ALONG THE
SOUTHERLY RIGHT OF WAY MARGIN OF STRANDER BLVD, 306.13 1 BI 1 MORE OR LESS TO THE
WESTERLY RIGHT OF WAY MARGIN OF THE BURLINGTON NORTHERN SANTA FE RAILROAD;
THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY MARGIN OF THE BURLINGTON
NORTHERN SANTA FE RAILROAD SOUTH 2 °0620" WEST A DISTANCE OF 75.00 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY MARGIN OF THE BURLINGTON NORTHERN
SANTA FE RAILROAD NORTH 87 °53'40" WEST A DISTANCE OF 10.00 FEET;
THENCE NORTH 2 °0620" EAST, 75.11 FEET MORE OR LESS TO THE SAID SOUTHERLY RIGHT OF WAY
MARGIN OF STRANDER BOULEVARD;
THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY MARGIN OF STRANDER BOULEVARD
SOUTH 87 °1425" EAST, 10.00 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING THERE
TERMINATING.
TOGETHER WITH ANY EXCEPTIONS, RESERVATIONS, COVENANTS, CONDf1'IONS, RESTRICTIONS,
EASEMENTS AND /OR TERMS.
CONTAINING 750 SQUARE FEET, MORE OR LESS.
AS SHOWN ON INCLUDED EXHIBIT "C
City of TukwilalPSE Easement StranderBlvd. Page 5 of 6
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POWER EASEMENT
City of Tukwila/PSF, Easement Strander Blvd. Page 6 of 6