HomeMy WebLinkAbout1979 - Easement - Puget Sound Power and Light Company - 79032806547903280654
This agreement made this 'f IN day of lA11'LCN , 1914 , by and
between King County, a political subdivision of the State °hein� ter
termed the Grantor, and Puget Sound Power & Light company, hereinafter termed
Grantee,
iR -50%2
M :
WZTNESSETH:
AN EASEMENT GRANTED BY KING COUNTY TO
• PUGET SOUND POWER AND LIGHT COKPANY
AT
.D
That for and in conaideration of mutual benefits, the Grantor herein does by theee
presents grant unto the Grantee, its successors and assigns, as easement and right of
way, over, through, under, across and upon the following described real property, aituate
in King County, Washington, to wit:
That portion of the West 1/2 of the Southwest 1/4 of Section 35, Township 23 North,
Range 4 East, W.M., described as follows:
Beginning at a point on the north line of the Southwest 1/4 of the Southwest 1/4
of said Section 35, 100 feet N 87 °57' W from the northeast corner thereof; thence
5 4 ° 04' W parallel to the east line thereof 490 feet; thence N 87'57 W parallel
to the north line thereof 1238,31 feet too point on the west line of
vest 1/4 of the Southwest 1/4; thence N 544 13 E along said nine fn
feet to the northwest corner thereof; thence S 87'57' E along the north line r:of
to the point of beginning; EXCEPT portions conveyed to the State of Washington .r
P.S.H. 01 (SR -5).
Grantee's rights shall be only upon that portion of the Property (the "Right -of -lay"
herein) described as follows:
Beginning at the intersection of the south line of the above described property
and the easterly margin of said P.S.R. O1 (SR -5); thence northeasterly along said
margin on a curve to the right, an arc distance of 57.73 feet, subtending a central
angle of 1 °07'03 "; thence continuing on said margin N 10 °13'50" E 50.00 feet;
thence S 79 °46'10" E 10.00 feet; thence S 10 °13'50" W 50.00 feet to a point of
curve, the radial center of which bears S 79 ° 46'10" E 2950.00 feet; thence southerly
on said curve bearing left, an arc distance of 30.27 feet, subtending a central
angle of 0 °35'16 "; thence S 58 °11'38" E 51.93 feet to the south line of the above
described property; thence N 87 °59'24" W along said line 58.49 feet to the point of
beginning.
The grant aforesaid is made solely upon the conditions and limitations contained in
Appendix "A" attached hereto and by this reference made part of the agreement. The grantee,
by its acceptance of the said grant, accepts such conditions and limitations and agrees
t to the full, strict and prompt observance and performance thereof.
Dated this ;7t1. day of • 19
KING COUNIY, TON
1% EXCISE TAX NOT fi
King p Records Division
/ / � i Spellman
Title Deputy Title / in; oun Executive
1
APPROVED AS TO FORM & LEGALITY:
By .'
Deputy prosecuting Attorney
•
Date •
STATE OF WASHINGTON)
COUNTY OF KING ) se
Dace /777
On this day personally appeared before me JOHN D SPELLMAN. to me known to
be the --_ 'County Executive of King County, Washington, tha person who signed the
above and foregoing instrwnent for King County for the uses and purposes therein grated
.rid acknowledged to me that he signed the same as the free and voluntary act and deed of
King County sod that he was authorized to so sign. ��((
GIVEN under my hand and official seal this 7'""`a . f / /sw..4
i
.110%
N, /,R PUBLIC in an
Washington, resid ng at
Page 1 of 2
t KZ
J `I
1.0
N
a
+- STAY? OP WASHINGTON )
PUGET SOUND POWER & LICKf COMPANY
TITLE Manager -Real Estate Divisipn
Y PUBLIC in and for ,/ State of
Washington, residing at uwwarvru.i. •
COUNTY OP WIND ) se
On this day personally appeared before me LESLIE A. DOWNER
to me known to be theMafiaser -Real Estate DiviSiOn of Puget Sound Power & Light Company,
the perioa who signed the above and foregoing instrument for the uses and purposes therein
stated and acknowledged to me that he signed the same as the free and voluntary act and
deed of the Puget Sound Power & Light Company and that he was authorized to so sign.
GIVENi ;gader my hand and official seal this Z2 day of F£ER✓AR.Y _ , 1979
/i
.i du'L
. 4:
riu
APPENDIX "A"
1. PURPOSE: Grantee shall have the right to construct, operate, maintain, repair,
replace and enlarge one or more electric transmission and /or distribution lines over
and /or under the Right-of -Way together with all necessary or convenient appurtenances
thereto, which may include but are not limited to the following:
a. Overhead facilities. Poles and /or towers with crosearms, braces, guys
and anchors; electric transmission and distribution lines; communication
and signal lines; transformers. All overhead guys running lateral to
the ground shall maintain a minimum of 25 feet of clearance from the ground.
b. Underground facilities. Underground conduits, sables, vaults, manholes,
switches and transformers; semi- buried or ground mounted facilities such
as pads, transformers and switches.
co 2. ACCESS: Grantee shall have the right of access to the Right -of -gay over and
Nacrose the Property to enable Grantee to exercise its rights hereunder, provided, that
Grantee shall compensate Grantor for any damage to the Property caused by the exercise
l of said right of access.
3. CUTTING OF TREES: Grantee shall have the right to cut or trim any and all
brush or trees standing or growing upon the Right-of-Way, and also the right to cut or
trim any trees upon the Property which, in falling, could, in Grantee's reasonable judg-
ment, be a hazard to Grantee's facilities.
4. DAMAGES: in the event that any damage of any kind is caused by Grantee in the
course of performing any act authorized by this easement, Grantee shall immediately
reimburse the damaged party to the full extent necessary to restore said party to the
position he would have held absent said damage.
5. RESTORATION AFTER INSTALLATION: Following the initial construction of its
facilitiee,'Grantee shall return the Grantor's property to its original condition by
fixing any damage Grantee's construction caused to Grantor's property, including, but
not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or
structures. Should Grantee need to construct additional lines or facilities iu its
right-of -way, it shall do so only after obtaining written consent from the Grantor.
6. BOLD HARMLESS: The Grantee, his successors and assigns agree to protect,
defend, and save harmless the Grantor from all claims, actions or damages of every kind
and description which may accrue to or be suffered by any person or persona, corporation,
of property by reason of the performance of any such work, character or materials 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
is brought against said Grantor for damages arising out of or by reason of any of the
above causes, the Grantee, his successors or assigns, will upon notice to him 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 said suit or action shall have finally been
determined if adversely to King County.
7. HIRING & EMPLOYMENT: In all hiring or employment made possible or resulting
from this agreement, there shall be 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 shall apply to but not be limited
to the following: employment, advertising, lay -off or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. No person
shall be denied, or subjected to discrimination in receipt of the benefit of any services
or activities made possible by or resulting from this agreement on the ground of sex,
race, color, creed, national origin, age except minimum age and retirement provisions,
marital status, or the presence of any sensory, mental or physical handicap. Any viola-
tion of this provision shall be considered a violation of a material provision of this
agreement and shall be grounds for cancellation, termination or suspension in whole or
in part, of the agreement by the Grantor and may result in ineligibility for further
County agreements.
8. LIMITED PURPOSES: The easement granted in this instrument is limited to the
uses and purposes hereinbefore expressed and for no other purpose whatever.
- 1 -
.2 -
9. STANDARDS FOR FACILITIES TO BE INSTALLED: Grantee agrees that the work of
installing and maintaining all facilities authorized herein shall be performed and
completed in a good and workmanlike manner and in accordance with plans and specifi-
cations prepared by or for the Grantee and approved by the Grantor. No changes shall
be made to any approved plans or specifications without the. consent, in writing, of
the Grantor.
10. ADDITIONAL CONSIDERATION: Grantee, as a further consideration and as a
condition without which this easement would not have been granted guarantees to promptly
remedy any interference growing out of or resulting from the presence of its facilities
to Grantor's normal operation whether within or without the confines of Grantor's
property. Specifically Grantee guarantees to promptly remedy any interference growing
out of or resulting from its facilities to the electronic scales operated by the
Grantor located at:
The Bow Lake Solid Waste Transfer Station
18700 Orillia Road South (South 188th & Orillia)
s Seattle, Washington 98188
CD • 11. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take
immediate steps to perform any necessary repairs, and in the event Grantee fails so to
• do, Grantor will perform said necessary repairs at the sole cost and expense of Grantee.
4 O
12. OTHER APPLICABLE LAWS: Grantee s,Lall comply with all federal,'state and local
• laws, and assume all cost and expense and responsibility in connection therewith, without
any liability whatsoever on the part of Grantor.
13. ASSESSMENTS: Neither Grantor nor its property shall be subjected to any charge,
assessment, or expense, arising from, growing out of, or in any way attributable to, the
Le, occupant, or actions authorized herein, whether within or without the conf la of
Grantor's property. If Grantor or its property is legally subjected to any such charge,
assessment, or expense, Grantee shall pay Grantor, as additional compensation for the
rights granted in this instrument an amount of money equal to any such charge, assessment
or expense paid by Grantor.
14. NO WARRANTY OF TITLE: Grantor does not warrant title to the said described
premises in which the foregoing easement is granted and does not undertake to defend
Grantee in the peaceable enjoyment thereof, but the grant of easement aforesaid shall
be subject to the continuing lien of all lawful outstanding existing liens and superior
rights, if any, in and to said premises.
15. TERMINATION AND ABAND0NMENT: If the use of the easement on the premises described
in this instrument for the pruposea expressed in it shall be abandoned or discontinued, or
if the Grantee violates any provision of this instrument, the said easement shall there-
upon ceaee and terminate, and Grantee shall surrender 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 premises 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 shall remove at his expense all facilities placed on said property by
Grantee ar.1 restore the premises to a condition which is equivalent in all respects to
the condition existing prior to installation of the facilities or to a condition which is
satisfactory to Grantor. If Grantee has not accomplished removal and restoration At the
end of a ninety day period following the effective date of revocation, termination or
abandonment, Grantor may accomplish all of the necessary work and charge all of the coats
to Grantee.
16. RESERVATIONS: Grantor reserves to itself, its Crantees (other than the Grantee
named in this instrument), 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, the said described premises, but also the right to install
and use or operate additional facilities 'and structures upon and beneath the surface of and
above the said described premises. Grantor reserves also the right to grant to others
permission to install and use or operate other facilities and structures, including, but
not limited to, underground pipes and conduits, upon and beneath the surface of the said
premises, and overhead wires, cables and poles or other structures for the support of such
facilities and structures which may now or hereafter be on the said premises, provided that
said installations may be made without substantial interference with the use of the said •
premises as provided in this instrument.
17. IMPROVEMENTS BY GRANTOR: If at any time Grantor deems it advisable to improve its
above described property or any facilities thereon or to build new facilities an its property.
Grantee, upon written notice by Grantor shall, at Grantee's own expense, immediately modify
any of its facilities covered in Section 1 eo as to cause the least interference with any
improvements or the work thereon as contemplated by the Grantor. Grantor shall in no way
be held liable for any damages to said Crautee that may occur by reason of. the Grantor's
improvements.
L.
2
FILED FOr F. CORD AT f;E.a li[ST OF:
PUG E:: i ,.' ..:... •,_
eEI.LEVUE, :, ,:• i:iJ:;TGrI 9Cr
ATTENTTO;I: IIC:'11i:. d. SIHUSG
t l� so 33 AM "!
AECOROKn .4; R €Gt1AOa -