HomeMy WebLinkAbout1991 - Easement Agreement - City of Seattle / US West Communications - 9105300398
EASEMENT AGREEMENT RECFEE _2.00 • '
City Light P.M. ;230410- 2- 302CASHEL »: ** *9.00
Ti6S :AGREEMENT, made this day by and between the City of
Seattle City Light Department, a municipal corporation
(hereinafter called the "City ") and US WEST COMMUNICATIONS, a
Colorado corporation, its successors and assigns (hereinafter
called the "Grantee "), WITNESSETH:
That for and in consideration of One Thousand Six Hundred
and No /100 Dollars ($1,600.00), receipt of which is hereby
acknowledged, and in consideration of the mutual agreements
herein set forth, it is agreed by and between the parties hereto
as follows:
1. The City hereby grants a non - exclusive easement to the
Grantee, its successors and assigns, with the right, privilege
and authority to install, construct, operate, maintain, inspect,
reconstruct, repair, and remove an underground conduit system
under and across the following described lands and premises,
situated in the County of King, State of washington, to wit:
A 10 -foot wide strip within the City of Seattle, City
Light Department Creston- Duwamish Right of Way in the
northeast quarter of the northeast quarter of Section
9, Township 23 North, Range 4 East, W.M. and the
northwest quarter of the northwest quarter of Section
• 10, Township 23 North, Range 4 East, W.M., King County,
Cr) Washington, as shown on US West communications' Drawing
No. Est 9026197, dated February 22, 1991 which is
• attached hereto, and by this reference made a part
O hereof.
11 2. The Grantee shall provide plans or drawings furnishing
O details of improvements as installed.
Cr) 3. Construction, maintenance and operation of the
underground conduit system granted herein shall be at the sole
cost and expense of the Grantee, the use of which shall in no way
interfere with the present use of said property by the City.
Should the City's property and /or facilities be damaged or
disturbed by reason of the construction, maintenance or operation
of said conduit system, the City may repair its property and /or
facilities and the Grantee shall pay the cost of such repair.
After construction, Grantee shall restore said property to its
condition prior to construction.
4. The Grantee agrees that the City shall not be
responsible for any loss or damage done to the Grantee's
facilities within said easement area by reason of any
construction, maintenance, alterations or improvements.performed
on said property by the City, its agents or representatives,
except such loss or damage caused by the City's negligence.
5. The Grantee shall at no time interfere with the City's
access to and over said property.
6. The Grantee shall at all times have the right of full
and free ingress to and egress from said property.
7. The Grantee agrees to indemnify and save harmless the
city from any and all claims, actions of damages of any kind or
description which accrue to or be suffered by any person or
persons or property by reason of the construction, maintenance,
operation, use or occupancy of said property by the Grantee. In
case of any suit or action brought against the City by reason
thereof, the Grantee will, upon notice of commencement thereof,
defend such suit or action at their sole cost and expense and
will fully satisfy the final judgment rendered in any such
action.
EXCISE TAX NOT R
Co.
.Deputy
1
9105300398
8. In the event that such underground conduit system be
abandoned or removed by the Grantee, its successors or assigns,
this easement shall terminate and revert to the City, its
successors or assigns.
9. The location of the underground conduit system within
the City's right of way must be indicated above ground.
IN WITNESS WHEREOF, the City of Seattle has caused this
agreement to be executed by its Superintendent of the City Light
Department pursuant to Ordinance. 175644 and the Grantee
has executed the same this 2 G " ;':• day of May . 1991.
US WEST COL•IMUNICATIONS
a Colorado Corporation a Municipal Corporation
CITY OF SEATTLE
By 1..�. �. dain
Title M62 Rio oP_,rya nods
By
Randall W. Hardy, Sypetintendent
Seattle City Ligh
On
(FOR CORPORATE ACKNOWLEDGMENT)
STATE OF WASHINGTON )
ss.
COUNTY OF }:TN(:
On this 25ti, day of ?4,rc1, 19 91 , before me
personally appeared D. 1.. Dauphine , to me known to
be the Manager Right of way Operations , Of US WEST COMMUNICATIONS,
the corporation that executed the within and foregoing
instrument, and each acknowledged that said instrument was the
free and voluntary act and deed of said corporation for the uses
and purposes therein mentioned, and each on oath stated that thy
were authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and of • . '
my official seal the day and year above written. f; .917Qq
' 11:4 47, 4l0 M o
V J ,s j�1i/11Mll!.
Notary blic ion —and for the State of.• of
Washington, residing at Wnodlnville
My Commission Expires: 3 -3 -92
STATE OF WASHINGTON )
) 88.
COUNTY OF KING )
I certify that I }stow or have satisfactory evidence that
Randall W. Hardy signed this instrument, on oath stated that
he was authorized to execute this instrument and acknowledged
it as Superintendent of City Light of the City of Seattle to
be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Date: /i.•' ., r /! 2 ! / / /� , �Lf(1
Arm Notary Public in acid for the State of
OSR A. NFj� •Washington, resi tng-,/
Q.,,` ON E1./ i at • ..7? . /��n •
:u �OTARy�N.. *; My Commission expires 7- '4• - :'�
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