HomeMy WebLinkAbout1979 - Easement - Puget Sound Power and Light Company - 79020607377902060737
Thin agroe.sn'nt made thta f..1 (f:y Of, � i / li � _�( , 19 1I.. by and
between King County, a polieffal natstivltiiPn of the St /re af'Waahtngrrn, haarr•tn•iftcr
termed the 6,raItnr, next ;Ingot Sound fawtar N Light Company, hereinafter fotoved ihp
Grantee.
WlItt?SSETH:
A11 F:A.►i?t%'Nt f:NANfF» AY I-1Pt= •'tatrrfrY ro
PWr•r SOUND POWER 114n LIC;trr COMPANY
P: i ♦ <0 .4
Thnt for and in conaido attain Al mufalet kei.••: ;ra, she Cannier hottit1 does by fheti
presents grant tlnto the (:rinteta, its piieCcennr0 n0U aa4t(;n4, an vAOMNotiC AMt right of
way, over, thringh, undei, aarnria And upon the ralli.wiiig '1 ►'arrthrd real property, ait►N4►h
in King County, Washington. t0 -wit:
That porrion of the West 1/2 of cho Southwest 1/4 nr .Soitton 1$, Township 2) North.
Range 4 Feat, U.M., described AO follows;
Beginning At n point on the : -7th lira of the 400th•;:st 1/6 of tho aouthvrpr 1/4
of avid Seketton 35, 100 rant N 87•57' W from the northo:aat. thereof; nonce
4 4'04' u parallel to the analt line thereof 490 foot; thence N A7 "r7 W r4rn1lol
to the north lino cheroot 1238.31 fort to a paint on tho west lino of said 56;.th.
west 1/4 of the Southwest 1/4; thence N $°44'1!" E along said wept line 490,60
feet to the northwest corner thereat; thence S 87 ° 57' P. along the north lino thereof
to cho point of beginning; iXCI:PT portions conveyed fo the Seats of Washington for
P.S.H. 61 (4R -5).
Grnntno'a rights shell bo only upon that portion of the property (tne "night Af-47dy"
herein) described at► follows:
Beginning at the intersection of the south lino Of the above doacribod'property
And cho olatal:ly margin of said P.B.H. d'I (SR -5); Minos northaastorly alraag paid
margin an n curve to the right, nn Arc distance of 57.73 feet. suhtondipg a ctatrni
an'glo of 1 °07'03 "; thence continuing on said margin N 10'13 is 50.00 foot;
thence 8 79 ° 46'10" E 10.00 foot; thence S 10'13'50" N 50.00 feet to A point of
curve, the radial center of which hears S 79 °46'10" C 2950.00 feet; thence southerly
on said eurva bearing loft, An are dtstanco of 30.27 feet, snbtanding a central
Angle of 0'35'16 "; thence S 58 ° 11'38" F 51.93 foot to the south line of the above
described property; thence N 87 °59'24" W Along sold line 58,49 feet to the point of
beginning.
The grant aforoanid is made solely upon the conditions and Iimit.rtions contained in
Appendix "A" attached hereto and by this reference made part of the agreement. The grantee,
by its Acceptalfeee of the said grant, accepts such conditions and limitations and agrees
to the full, strict and prompt observance and performance t;sereof.
Deputy Prosecuting Attorney
Drat t, , '.i•
Dated this t day of LC tZ'U
APPROVED AS TO FORM & LEGALITY:
By . : . -
r 19 d! .
K1NC COUNiY, WASHINGTON
STATE OF 11AAHYNOT0N)
COUNTY OF KING ) ss
On thig day personally appeared before me MAMMA COUP to me linown to
be ta►d County Executive of King County, Washington, the person who signed the
n'aoViK end foregoing instrument for king County f„r the uses and purposes therein stated
..,.d arcknealcdged to me that he signed the same ns cho free and voluntary act and deed of
King County and that he was .iuthuri>;cd to AO sign.
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nnVI untf r my hand •Ind aafficinl .a.11 t' is .,2 f al r:t'l
t i t.et
•; - c f r . "a T i' :11 1 C I n
ATTEdl:
M STATE Or W ASul li 2TY N )
N COUNTY OP Kft,. ) a►►
TITLE
P.tri• 2 of 2
ri!r.e r k Alf Voirxa a Luarr CoMPAyr
On thta • ity par snnntly 4ppn4rnd hafcra mp
to rte known to bas Cho - alrugoc Sound Pastor & Llght Cowpony,
the parren who *Wad Cho Ahovo and furrgotng inorromont for cho ono, and purpaa** thoroin
*mod and acknowledged to me that ho :sigma; the anrla as tho tree and votnntnry net and
dead of the Puget Sa.md Pastor h Light Company and that ho waa authnrix.d to as atgn.
GIVEN under my hand And official it thta ley of , 19
'MAW PUBLIC to and for the Stara of
NAehtneton, rr•'idtng at
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ASV,' No 1X "A"
t. mat; (r.rri'Pt' nit:tlt have Cho right eo crxtut runt, npe'r:it4, m.rtrttnln, repair,
rspinee .,red oftintgo ,.ne or olore ntnctr Ie tt40%Mi4stetfl ?ndlnr ,Ffsarlh►rlir.n itti ovef
and/or srtldor the Rtght•of•I4•ty tctylc•thor with all norossory of cnnvenie .t nppurtenantes
thereto, which may inol►s,1e hot are chic t(ntted to the following;
n. iTiarrfitd fao.1I(Vogt. poled Andior rowers vith rrosAntAto, he.teoa, guys
and anrhnr,►; oleet rte transminsion and dintrlhss/ Ihn 1 trloe; ent. nt inn
and atonal i1nea; rrant+(nmorn. All overhrnd guy,. rnnin,: 14tt'rdi to
thet ground nlu,ll ou►irltnlrl n mintenttn of 2'1 (.ei of rinarAOro (f .,o tl'e grnnnd.
h, tln•lerlr,.Yundfnn ifttdd, fndorgeound r ►induire, enblr'n, vnulta, evotlsntoA,
pwtteho* and trapalrfr+nrra; a.'ral'l.nrlod or ground 14onnred fncilfeion arch
art p..,Aa, t.rdnAlGici..ra And nultchea.
2. AC t: Grnntte Anil Iowa the rtghr pf neer.aa ro r.ha nip-:-of-Slay evs;r and
Across tho Property to enahle Grnntaa en .ti,tere1A4 RA rights harortndnr, provided, that
Crantea atoll componstnte Grantor for any ,IAMhuo to the pr.,pt•rcy Ca9a41 by rho *terrine
oP laid right of Ae•n+te.
1. i!T1 <IC CuRP.p.Sr Crnncao AtMll hove rho right to cut or trim any and all
p brwth or trots stranding or growing upon cho Right -of -Way, And also Cho right to cut or
crtm Any trees: upon tho Propueey which, in foiling, could, It Crentuo'd rnasnnahle }udg•
mont:, be a hntsnrd to Granteo'a fnaflltion .
4, RANIlS1P.$,: In tho event chat any dnsraRe of any kind is c•t'saed by Crnntee In eh*
courno of performing Any act Authorized by this ennemont, Gra neon phatl inrnodtitety
reimburse tho dmmagod party co tho fait oxtc'nt nacnneary co rostoro satd tarts cc the
position ha would hnve hold absent snid clnmage.
S. RESTOttATION APTER_INST9ld ATION: Following the initial rnnscructtan of Its
facilities, Craritao shnll raturn tho Grantor's property to Ito original condition by
fixing Any damage Grantee's oorstruction caused to Crnntor'e t'ropercy, including, but
not limited ro property damage to slopes, shrubbery, landecn'tng. fencing, roadway or
ntructuros. Should Crnnteo need to construct additional linen or facilities in its
right-of -wry, it shall do AO only niter obtaining written consent from the Grantor.
6. H()ld) HARMLESS: The Crnnteo, his succosaora and assigns agree to protect,
defend, And save harmless the Grantor from all claims, notions or damages of every kind
and description which may accrue to or be suffered by ny person or persona, carp-or-scion,
of property by reason of the performance of Any such work, character or mmterials used,
manner of installation, maintenance and operation, or by the improper occupancy of
County owned land, public place, or public structure. In case any such suit or action
ig brought against said Grantor for damages arising out of or by reason of any of the
above causes, the Grantee, hit successors or assigns, will upon aotirc to hum or them
of commencement of such action, defend the same at his or their sole cost and expense
and will fully satisfy any judgment after the snid suit or action shall have finally been
determined if adversely to King County.
7. HIRittl 6 EMPLOYMENT: In n11 hiring or omployment rude possible or resulting
from this agreement, there shall bo no discrimination against any employee or applicant
for employment because of sex, age, race, color, creed, national origin, marital status
or the presence of any sensory, mental, or physical handicap, unless based upon a bona
fide occupational qualification, and this requirement shell apply to but not be limited
to the following: employment, advertising, lay -off or termination, rates of pay or other
forms of ccxnpens ..lion, and selection for training, including apprenticnship. tho person
shrill be denied, or subjected to discrimination in receipt of the benefit of any services
or activities mado possible by or resulting from this agreement on the ground of sex,
race, color, creed, national origin, age except minimum age and retirement provisions,
tv1rital status, or the presence of any sensory, mental or physical handicap. Any viola-
tion of this provision shall bo considered a violdtion of a matorial provision of this
agreement and shall be grounds for cancellation, termination or suspension in whole or
Ira part, of tho agrcctnnnt by the Crnntor and may result in ineligibility for further
County Agreements.
8. I,THITED PURPOSES: The easement granted in this instrument is limited to the
uses and purposes hereinhefnre espros ed and for no other purpose vuatcver.
in:+ralling And mltnrntn►nk .tlf�
rc,9flp in 4 goad and t.,trirte.mi
cntiona prepared by or for :h, r
be made to any approved piano .ir
the Grantor,
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ES Iii 11 IJ,'1 ;; Gr,t,stre .1 reen rTtnt (hp work of
actllci(A a+sclt,►rir.'d herein ahn11 ire prrinrti nn4
leap tn- ::tour rind in orr,t,lnnee with p1:,nd .inr' oftteirp
r.tnte& And approved by rho Grantor. No ehnntear 0.411
apecificatioom without the tangent, in wrifinp., of
10. Aj;J}tT1Gj4A1. eajjg „to: P.rnnreo, 44 n further eensideration and 40 a
condition without which this enndmont wouid nor have boon granted gonrnnrres co prr+tprly
remsndy any interference growing out of or rt'ittt :ins fret the preaendo of its tarititi**
to Grantor's normal operation whether within or without the roofion* of Grantors*
property.. ;pnrtticAlly grantee p►i tAtorna to promptly re i'dV any lnt'rterenco greying,
out of or resulting from ire (:tc1 titiea to tile, electronic ar•alas nperacvd by the
Grantor located At:
The now Take Solid Wasre Transfer Sant ran,
18700 &M IA bn. d 4Aurh (Routh 1811th 1. 0(11110
Srnttle, •aahlnitron el188
1t. palm UCkellR: in the event of an emergency, (:rAnkoe 01411 :Ake
tmnodiato *tops Co pa o nn am n. ropairs, and in rho on Grantee fails so to
do, Grantor will perform said nrcnsnnry repairs nt rho onto cost and orporrse of Grantee.
12. O'L I R A'url ifi. lRd : Grantee shalt comply with ail federal, state and total
laws, and earnest all cost and c•vnatndo and reaponsihiltey to ectnne,rtIon therewith, without
Any liability whatsoever on the pert of Grantor.
13, ASSiESS)fRNTS: Neither Grantor nor eta proporty shall be subjected to any charge,
assessment, or expense, Attain from, growing out of, or to any way Attributohle to, the
nee, occupnncu, or actions authorized heroin, wbuther within or without the cotftnos of
Grantor's property. if Grantor or its property Is legally subjected to any such charge,
assessment, or expense, Grantee shell pity Grantor, ns additior.o1 compensation for the
rights granted in this Instrument nn amount of money equal to any such charge, asse:,sment
or expense paid by Crnntnr.
14. NO WARRANTY OF TITLE: Grnnror doss not warrant title to the said described
premises in which tho foregoing casement is granted and does not undertake to defend
Grantee in the peaceable enjoyment thereof, but the grant of easement aforesaid shall
be subjoct to the continuing lien of nil lawful outstanding existing liens and Superior
rights, if nny, in and to said prcmines.
15. TF.1WtNAT1ON AND ARANDONMFNT: if the use of the easement on the premises described
in this inatrtemcr' for the pruposcs expressed in it shell he abandoned or dtscontinued, or
if the Grantee violates any prisvinion of this instrument, the said casement shall there-
upon conse and terminate, and Grantee shall surrc.,dar or cause to be surrendered to Grantor,
to its successors or assigns, the peaceable possession of the said described premises,
and title to the said promises shall .remain in Grantor, or its successors or assigns, free
and clear of all rights and claims of Grantee. Upon termination of the easement for any
reason, Grantee shell remove at his expense all facilities placed on said property by
Grantee and restore the premises to it condition which is equivalent in all respects to
the enn'lition e,cisting prier to installation of the facilities or to a condition which is
satisfactory to Grantor. If Grantee has not nccomplished removal and restoration at the
end of a ninety day period following the affective dare of revt•L.tion, termination or
abandonment, Grantor may accomplish all of the necessary work and charge all of the costs
to Grantee.
16. RESERVATIONS: Grantor reserves to itself, its Grantees (other than the Grantee
n..med in thi9 i,strument), licensees, lessees, successors and assigns, the right not only
to continue to keep and use or operate all other facilities or structures now upon or
beneath the surface of, or above, tho said described premises, but also the right to inat:.11
and nee or operate additional facilities and structures upon and bcnenth the surface of and
nbovo the said described premises. Grantor reserves also the right to grant to others
pormleSion 16 install and uge or operate other facilities and structures, including, but
not limited to undorground pipes and conduits, upon and beneath the outface of the said
premises, and overhead wires, cables and poles or other strelct for the support of such
facilitios and structures which may now or hereafter he on the aid premises, provided that
said installations may be made without substantial Intrrfert•ncc with the use of the said
per*+'atsea as provided in this instrument.
17. IMPROVEMENTS BY (RAWr0RR: if at .rny time Grantee .I .u,s it .dvit•.ablc to iryrave its
nboU6 dosct'1bec} faro :arty orany facilities thereon or to build new facilities on its property,
('intre upon written notice by Grantor shall, 41 Grantee's o:m expense, ismdiately modify
any of its facilities covered in Section 1 so as to corm& the lra.t int.•r1% ern.. with any
+''prnvcments nr the .cork thereon .ts tont/r'lp1.tted by the Grantor, c'r• ^',•r a ill In n:+ .•iy
1 •.• held 1l ahlc far Any r: r"•.., to ,i•t th.t `lY .,...., T„ .. ... a. ut .i. . :1 .,.t..c'•,
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