HomeMy WebLinkAbout1975 - Easement - Puget Western / Val Vue Sewer District - 7504160565 7504160565
E A S E M E N T
This Indenture made this ' day of f Uek'7u. ' -G t,.�, 1974, between PUGET WESTERN,
INC., a Washington corporation, herein called "Grantor' and the VAL -VUE SEWER DISTRICT,
King County, Washington, a municipal corporation, herein called "Grantee'•';
WITNESSETII:
That in consideration of the sum of Ten Dollars ($10.00) in hand paid, receipt
of which is hereby acknowledged, and the performance by Grantee of the covenants
hereinafter set forth, Grantor hereby grants to Grantee, without warranty of any kind,
a right of way not exceeding 10 feet in width for the construction, maintenance,
replacement and operation of the following described facility:
A sanitary sewer line not exceeding 8 inches inside diameter, within and across
the following described land situated in the County of King, State of Washington, to -wit:
The south 10 feet of:
* Lot 27 Block 2
McNicken Heights Division #1, unrecorded; less portion northerly of line beginning
301.24 feet north from the southwest corner; thence east to the east line; less
street;
ALSO, the south 10 feet of the east 135 feet of:
* Lots 28 -29 Block 2
McMicken Heights Division #1, unrecorded; less beginning at
Lot 29; thence south 200 feet; thence east 140 feet; thence
line of Lot 28; thence northwesterly to beginning; less the
south 301.24 feet of Lot 28;
northwest corner of
north to the northerly
east 70 feet; Except
* ALSO, the west 10 feet south of Slade Way of:
Lot 26 Block 2.McMicken Heights Division #1, unrecorded; less street.
This easement is granted on the following terms and conditions:
1. Grantee agrees that said sewer main will be buried at least five (5) feet
beneath the natural surface of the ground at all points.
• 2. Grantee agrees to notify Grantor 48 hours prior to beginning of construction
by calling 454 -6363, extension 630, Bellevue, Washington.
3. Said easement shall include the right of ingress and egress to, upon and
over and across said land to construct, maintain, operate, repair and replace said
sewer line and all connections and appurtenances thereto, and also grants to Grantee
the use of such additional 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 additional area shall
terminate upon completion and testing of said construction, or no later than December
31, 1974.
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 or claims.
5. Grantor shall not be liable for any loss or damages to Grantee's facilities
resulting from Grantor's use of the lands encumbered by this easement unless such
loss or damage is due to negligent act or omission of Grantor. Grantor agrees to
use reasonable care.
6. Grantor reserves the right to develop
easement for any purpose not inconsistent with
reserves the right to construct buildings over
of Grantee, which consent Grantee agrees shall
due regard t: Grantee's facilities.
and use the lands encumbered by this
the rights granted herein. Grantor
said easement upon securing the consent
not be unreasonably withheld, having
* SAID LOTS BEING A PORTION OF THE FOLLOWING DESCRIBED PROPERTY.
(SEE ATTACHED DESCRIPTION).
Puget Western, Inc.- •
LEGAL DESCRIPTION
VVSD
LID 26
ESMT
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION AND
RUNNING THENCE ALONG THE WESTERLY LINE OF SAID SECTION,
j NORTH 0 ° 14'13" WEST 1600 FEET; THENCE SOUTH 89 °21'31" EAST
43 874 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT OF
•t LAND HEREIN DESCRIBED; THENCE NORTH 89 ° 21'31" WEST
7 210 FEET; THENCE NORTH 0 °14'13" WEST 140 FEET; THENCE
In NORTH 89 °21'31 ". WEST 334. FEET; THENCE NORTH 0 °14'13" WEST
354.92 FEET; THENCE SOUTH 89 ° 21'31" EAST 140 FEET; THENCE
NORTH 0 °14'13" WEST 153.08 FEET TO THE SOUTHWESTERLY LINE
OF SOUTH 160TH STREET SOUTHWEST; THENCE ALONG SAID SOUTH-
WESTERLY LINE, SOUTH 70 ° " 142.41 FEET; THENCE
SOUTH 76 ° 07'40" EAST 145.48 FEET;' THENCE SOUTH 46 °22'50" EAST
178.14 FEET TO A POINT WHICH BEARS SOUTH 0 ° 14'13" WEST FROM
THE TRUE POINT OF BEGINNING;,, THENCE SOUTH 0 ° 14'13" EAST
448.20 FEET TO THE TRUE POINT„Ok' BEGINNING; (ALSO KNOWN AS
LOTS 25,26,27 AND PORTION OF LOTS 28 AND 29 IN BLOCK 2 OF
McMICKEN HEIGHTS, DIVISION.NO. 1, AN UNRECORDED PLAT);
SITUATE IN THE TOWN OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
•
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( 7. Grantor reserve. he right to grant' ess right. co others along or across
lands encumbered by this easement and td.,,. :ant any other right which is not
inconsistent with the rights granted herein to Grantee.
8. Should the easement area be subsequently improved by Grantor or its assigns,
Grantee agrees that it shall, at its sole cost and expense, replace or restore to its
improved condition any such improvements which are damaged or destroyed as a result
of Grantee's exercise of its rights of maintenance, repair or replacement.
9. Grantee agrees that in consideration to Grantor for said easement, Grantor
shall be entitled to make connections to the sewer line at a future date at no cost
to Grantor, its successors and assigns.
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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
..) Grantor.
j 11. The rights and obligations of the parties shall inure to the benefit of and
: be binding upon their respective successors and assigns.
12. The rights hereby granted shall cease and determine whenever Grantee shall
have permanently abandoned the use of its facilities accommodated by this easement.
VAL -VUE SEWER DISTRICT
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day ofit / /ff//l , 1974, before me, the undersigned, personally
appeared HALL, tome mown to the President of PUGET WESTERN, INC :, the
corporation that executed the foregoing instrument, and acknowledged the. said,.Instrumtent
to be the free and voluntary act and deed of said corporation, for the uses ' and
purposes therein mentioned, and on oath stated that he is authorized to execute the
said instrument.
' `. v hand and official seal hereto affixed the day and year first above
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PUGET WESTERN, INC.
Notary ' 'lie in
residing at
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 1 day of NOUEVACE,e.__ , 1974, before me the undersigned,'
personally appeared T. :a . MAr�t.1C 8L- — ----f
to me known to be the wRNAI&FP Amdm. _ — , of VAL -VUE SEWER
DISTRICT, the municipal 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 he
is authorized to execute the said instrument.
WITNESS NW HAND and official seal hereto affixed the day and year first above
written.
the State of Was gton,
an or a tate o as ington,
DF> MotesEF: