HomeMy WebLinkAbout1976 - Easement - Shefelman et al - 76011205297601120529
EASEMENT
THIS EASEMENT, made and entered into this /S_
RAINIER NATIONAL RAt1X formerly
day of October 1975, by and between/THE NATIONAL DANK
ROSE D. MASELLI,
OF COMMERCE OF SEATTLE, HAROLD S. SHEFELMAN, MSIJU(RDXIUIP DRi
and HONDO DESIMONE, as trustees under the Last Will and •
Testament of Giuseppe Desimone, deceased, and A E PROPERTIES,
INC., a Connecticut corporation and PUGET WESTERN, INC., a
Washington corporation (hereinafter jointly•referrcd to as
the 'Grantors'), and PUGET SOUND POWER i LIGHT COMPANY. a
Washington corporation (hereinafter referred to as the
'Grantee'):
W I T N E S S E T Ht
FOR AND IN CONSIDERATION OF the mutual promises,
covenants, conditions and benefits contained herein and
derived hereunder and for other good and valuable considera-
tion, the receipt of which is hereby acknowledged, the
Grantors do hereby grant, convey and warrant to the Grantee
for the purposes hereinafter set forth an easement under,
across and over 'Parcel A' of certain real property located
in Ring County, Washington, together with a five (5) foot
wide -of-dway paralleling the west margin of the West
Valley Highway in Ring County, which right of is
described as •Parcel I. both Parcel A and Parcel I are
legally described as set forth in the description thereof
attached hereto and hereby made a party hereof as 'inhibit
Al." /'be locations of Parcel A and Parcel D are depicted
M the plan sheet (drawing by R. P.
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6 -5-75, 9 -9 -75
dated 5- 30 -75, /Ire ISSSQ; P- 200 -79) attached hereto and
hereby made.a part hereof as 'Exhibit 11.' Parcels A and
B shall collectively hereinafter be referred to as the
'Property.'
TO RAVE AND TO HOLD said easement and right •f -
way unto the Grantee and its successors, upon the following.
terms and conditions:
1. Purpose. (a) Grantee shall have the right to
construct, operate, maintain, repair and replace an under-
ground electric transmission vault (hereinafter referred to
as the `transmission vault') beneath the surface level of
the above - described Parcel A and any and all necessary
appurtenances thereto including but not limited to under-
ground conduits, cables, coemma :cation lines, manholes,
switches, transformers and similar facilities; provided,
t�nw.v.r, that any and all appurtenances which enter or
attach to the transmission vault shall be underground. No
portion of the transmission vault, or any appurtenances
thereto shall extend above the surface of the surrounding
ground elevation.
(b) Grantee shall have the right to construct,
operate, maintain, repair and replace an underground 11S,
kilovolt power line duct bank (hereinafter referred to as
the 'duct bank') beneath the surface level of the above-
described Parcel Bs provided, that the Grantee shall nbt
construct, operate, maintain, repair or replace said
facilities with a duct bank exceeding the presently is -
stalled duct bank which consists of four (4) ducts of
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^44' ?[i...,.. 1.�.....i.Li;l:( �"+iY:r. 2sL «r N:;..: 4r.;. �:1Ssi3:ii':Z?7�`:>.;;
six -inch (6 ") diameter P.V.C. pipe as shown on Exhibit •I•
hereto. No portion of the duct bank shall extend above
the surrounding ground elevation.
(c) Following the initial construction of the
transmission vault and /or duct bank, the Grantee may from
time to time improve or reconstruct the facilities as it
may be required; provided, however, that any such improve-
ment or reconstruction shall be subject to : the terms and
conditions hereof. All uses of the Property or any portion
thereof except those authorised in this Section 1 are
prohibited.
2. ACCESS. The Grantee shall have the right of
access to the Property over and across that portion thereof
immediately adjacent to the West Valley Highway. Access to
the Property across the real property owned, leased or
possessed by the Grantors, or any of them, from any other
direction is prohibited; provided, however, that special
access permission shall be granted for emergency circum-
stances. The Grantee shall compensate the Grantors for any
damages to the Property or the Grantors' adjacent real
property, or their interests therein, caused by the exercise
of said right of access. The Grantee shall erect and main-
tain appropriate warning signs or other identification
markers which shall adequately advise anyone approaching or
involving himself with the Property, the transmission vault,
duct bank or their appurtenances of the potential hazards.
The sums of the Grantee, its address and telephone weber
% shall he clearly set forth on all signs and ideotificatiss
washers with respect thereto.
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3. OBSTRUCTIONS; LANDSCAPING. Following the
installation of the Grantee's facilities or any part thereof,
the Grantors, or any of them, may from time to time under-
take any and all actions necessary to improve the Property
so as to bring it to conformity with the development of and
improvements on property owned, leased or possessed by the
Grantors, or any of them; provided, however, that the
Grantee may, from time to time, remove trees, bushes or
other obstructions within the Property and may level and
grade the Property to the extent reasonably necessary to
carry out the maintenance, repair, or replacement of the
improvements within the Property; provided, further, that
following any such work by the Grantee, the Grantee shall,
at its sole cost and expense, undertake and complete such
action as may be necessary to restore the Property to the
condition it was in immediately prioL to such work and so as
to bring the Property into conformity with the development
of and improvements on the surrounding area owned, leased or
possessed by the Grantors, or any of them. Following the
installation of the Grantee's underground facilities, or
after the expiration of one hundred eighty (110) days from
the data hereof, whichever shall first occur, the Grantors,
or any of them, may undertake any improvements to the
landscaping of the Property and the construction of improve.
meets thereon.
4. cmarroits• USE OF FMOPIERTI. MO Grantors. and
mach of than, reserve the right to ese the Property for may
gesposs mat lasoftsistest with the sights herds gssatesit
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provided, however, that the Grantors shall not construct or
maintain any building or other structure.on the Property nor
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went shall be to have occurred by reason of Grantee's
failure to initially install its facilities on the Property
within any period of time from the date hereof.
7. SUCCESSORS AND ASSIGNS. The rights and
obligations of the parties shall inure to the benefit of and •
.be binding upon the parties hereto and their respective
'heirs, successors and assigns.
IN WITNESS WREREOF. the undersigned have executed
the foregoing. Easement the day and year first above written.
GRANTOR
RAINIER NATIONAL BANE, formerly The
NATIONAL BANE OF COMMERCE. soft-Trustee.
By 4431e74#4■•■■■ft
V President ,
jr..43.
et
H AROLD S. SNEFEL
•+.e Xi • /��<d1 gee,J
Nt XXXSIIMMIZ MOSS D. MAIELLI
MONDO DESIMONE
A E PROPERTIES. INC.
B 11.... •fit _ \�.
VKE PRbWENf
B y
ASST. Sftsi a m
man WITERN. INC.
Iy � k( fief 4. /‘
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PUGET BOUND POWER $ LIGHT
COMPANY
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STATE OF_S)ASHINGTttti 1
County it_ KID se.
j
On thin _17th day of December A. D. lei. before toe. duo under•
signed. a Notary Public in and for the State of lie shin* ton • doh sorruttissirttsi
and sworn personally appeared D. Co Wilson , Robert t. ReYnoldi
to ate known M Ire the_ __WS President d Real is to to Of t1 ear >lttturtts4S respoctirelr. of
RAIxIult NATICNAL ?ANT
lure corporation that ezectitwit Je.K m
oina insteuent.Iind iuwgs s n eed the said instrument to be the hoe and woken.
Lary act and deed of .ft', coepoi Poj;; for the uses and purposes therein mentioned and on oath seated thst+lheY
wtr! •'a`a.alrr.1 .: rs i ..
��. L. instrument _ that the ___r armed is the corporate seal of Mid
corporation. t •:•
'WITNESS my bard itsd sditt:iat 41 hereto &Sized the day and year in this certificate door w)Jtten.
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STATE OF WASHINGTON) 65t
COMFIT Or ItINGI
On this day personally appeared before as HAROLD S.
�F'Ey�N, to me known to be the individual described in and d—
g foregoing instrument,
who executed the Within and LoreQ
ledged that he signed the same ass i frein mentioned.
voluntary act
9 _J
and deed, for the uses and purposes tit
FIND , d er my hand and official seal this 1L_
1975.
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day 0
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1Arti...tedt:..ot lop C.rwerati...i planes! %.els&a) Tale Warms/ Co. 1.,. se)
y Public in and for
Washington, residing at
Wort P.Uie ie and tar d.. assts �I.�.I1ll�rfDJ; ion
King
tesidiee
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STATE OF WASHINGTON)
) SS:
COUNTY Or K I N . G )
STATE OF WASHINGTON)
) SS:
COUNTY OF x I N G )
.f.
,ir.'.GJ.n
.ROSE D. NASELLI,
On this day personally appeared before 04/ 2101122D
11110071Ds. 3 to me known to be the individual described in . and
vho executed the within and foregoing instrument, and acknow-
ledged.thatte signed the same,as free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this
day of I) i.. Zole& , 1975.
4 ,.
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. Notary Public iu and for. 4. of• •
Washingtnn, residing at .iL 4.4 .
On this day personally appeared before se MONDO
DESIMONE, to me known to'be the individual described in and .
who executed the within and foregoing instrument, and acknow-
ledged that he signed the same as his free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the
day of Pr 1975. frqi'
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f J c5..l C .w c-./. Z. •
Notary Public in and for g.itate If
Washington, residing at • , di i
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STATE OF WASHINGTON)
SS:
COUNTY OF tI ■G)
STATE OF
COUNTY OF Will &t •fit
On this AIL day o , i
before me, the undersigned, a Mary iblic in and for th 4 :1 11'/9"4 9f �
State of duly commissioned and sworn,
personally appeared _.42 and
, to me known to be the MC!
and r AS t S rd A i bt. -Ir{aty respectively, of A L PROPERTIES,
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 are
authorised to execute the said inatrrert anA that the seal •
affixed is the corporate seal of said corporation.
)
) SS:
)
WITNESS my hand and official seal hereto affixed
the day and year first above written.
Notary Public in and for. atb.of.
resid( •1 iui abC- '
• WC.
•
On this ._:nee day of / /n. rCd.... , 1S7S,
before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally
appeared
to me known to be the • : e s i t 4
smspmctively-1 r,f PUGET WESTERN, INC.,
the rp oration th at 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 are
authorised to execute the said ins trument
the day
WITNESS my hand and official seal hereto affixed
and year first above written.
•
Notary Public in and for the Stab Wt .
1lsshiagton, residing at , •
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STATE OF WASHINGTON)
) SS:
COUNTY W K LNG)
aS xrr ,gnmmolmmvasTaWaiM lee
On this •/z day of .1l7S,
.before me, the undersigned, a Notary Public in and fo the .
State of Washington, duly commissioned and sworn, personally
appeared Lr Dfnr/ # mad , to
me known to be the WPC= - It: L mar LI'rlr.to!2 aed
• - e sp.otiiv i+y, of PUGET SOUND POWER S
LIGHT COMPANY, 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 ind purposes therein mentioned, and on oath stated Ahdt
they are authorised to execute the said instrument and -•ilia
ion.
WITNESS "my hand and official seal hereto affixed
the day and year first above written.
Notary Public in and for the State of
Washington, residing at ;Ct4 _.
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PARCCL A
PARCEL B •
fr
That portion of Government Lot 2 in Section
25, Township 23 North, Ranee 4 East, W. M.,
and of the Donation Claim of the heirs at
law of Henry Meador, deceased, designated as
Claim Number 46, being parts of Sections 24
and 25 in Township 23 North, Range 4 East,
W. M., described as follows: Beginning at
the Northwest corner of said Section 25;
thence South 87 East a distance of
1133.41 feet to the centerline of the
West Valley Highway; thence South 7
East along said centerline 679.81 feet;
thence North 85 West 50.39 feet to
the westerly margin of the West Valley
Highway; thence North 12 West 4.00 .
feet to the true point of beginning; thence
North 2 West a distance of 13.62
feet; thence South 87 West 9.29 feet;
thence South 2 East 19.34 feet;
thence North 87 East 9.30 feet:
thence North 2 %" West 5.72 feet to the
true point of beginning; except that portion
lying easterly of the westerly right of way
of the West Valley Highway.
- Beginning at the true point of beginning of •
the above described parcel; thence South 12•
17'45" East along the Vest margin of the West
Valley Highway 56.80 feet; thence South 89'06'56"
West 5.60 feet; thence North 12 West 51.00
feet to the south line of the above described
parcel; thence North 87'06'56" East along said
south line 4.65 feet; thence North 2.53'05" West
5.72 feet to the true point of beginning.
EXHIBIT B IT A
‘ 11$*
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