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HomeMy WebLinkAbout2009 - Easement - Puget Sound Energy (Starfire Sports) - 20090203000961 20090203000961 CITY OF TUKWIL EAS 46.00 PAGE001 OF 005 02/03/2009 11:57 KING COUNTY, WO Return Address City of Tukwila City Clerk 6200 Southcenter Blvd Tukwila, WA 98188 EASEMENT REFERENCE GRANTOR City of Tukwila GRANTEE PUGET SOUND ENERGY, INC. SHORT LEGAL Lots 1 and 2 in Section 23, Township 23 North, Range 4 East. ASSESSOR'S PROPERTY TAX PARCEL: 2323049001 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF TUKWILA "Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation "Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property "Property" herein) in KING County, Washington: See Exhibit "A attached hereto and by this reference made a part of hereof. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property "Easement Area" herein) described as follows: AN EASEMENT AREA APPROXIMATELY 11 FEET IN WIDTH AND 23 FEET IN LENGTH LYING WITHIN THE ABOVE DESCRIBED PARCEL AND AS MORE PARTICULARLY DEPICTED ON THE DRAWING MARKED EXHIBIT "B" ATTACHED HERETO AND BY THE REFERENCE MADE A PART HEREOF. (FORT DENT) 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Together with the right of access over and across said Property to enable Grantee to exercise its rights hereunder. As used herein, the term "system" shall include all appurtenances and facilities as are necessary, in the judgment of Grantee, for the operation and maintenance of said systems. EXCISE TAX NOT REQUIRED Icing Co. Records a s 2. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 3. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 4. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to otherwise become the property of Grantor, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 5. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this Q'1� day of 1 aN LA 0, N 2009. l GRANTOR: CITY OF TUr-4� KWILA /v 7ayor e l l, agger v Attest /Authenticated: Approved A%4o Christy O'Flaherty, City Clerk t'y Atto i STATE OF WASHINGTON ss. County of King On this day of 'j c W v c(r 11 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, known to me to be the Mayor of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. M o'�t hPrrt print name N Z Notary Public in and for the State of 1,4% Washington, residing at cn,AA)0R 7 r My appointment expires "Exhibit A" LEGAL DESCRIPTION POWER EASEMENT That portion of Government Lots 1 and 2 in Section 23, Township 23 North, Range 4 East, more particularly described as follows: COMMENCING at the Northeast corner of said Section 23; THENCE South 00° 26' 12" West, 1,329.23 feet along East line of said Section 23; THENCE North 88 42'12" West, 108.93 to the TRUE POINT OF BEGINNING; THENCE South 33 33' 36" East, 23.00 feet; THENCE South 56° 26'24" West, 23.00 feet; THENCE North 33° 33'36" West, 21.50 feet; THENCE South 55° 07' 28" West, 9.45 feet; THENCE North 34° 52'32" West, 23.00 feet; THENCE North 55 07'28" East, 11.87 feet; THENCE North 03° 27'28" East, 12.18 feet; THENCE South 84 02' 16" West, 1.15 feet; THENCE North 05° 57'44" West, 26.00 feet; THENCE North 84° 02' 16" East, 20.00 feet; THENCE South 05 57'44" East, 26.00 feet; THENCE South 84° 02' 16" West, 3.64 feet; THENCE South 03 27'28" West, 15.70 feet; THENCE South 34 52'32" East, 11.71 feet; THENCE North 56° 26'24" East, 9.48 feet to the TRUE POINT OF BEGINNING. ASy N f" s L p�y0 CD i� Project Name: Starfire Sports January 27, 2009 TSUjss Page 1 of 1 14024L.002.doc Exhibit: 14024 EX01 -Power. DWG "Exhibit B" I w P.O.C. w F- 14 13 z 23 124 �i a Li 00 o I N r� N M C� N T N N N N O O Q) EXISTING VAULT 0 z 3 J L w O NEW I VAU LT a �T,P.0.B. x w N N N88'42'12 "W 108.93' a� EXISTING N VAU LT CD I SCALE. F o r: JOB NUMBER HORIZONTAL 1 =30' VERTICAL N/A S T A R F I R E 14024 "A 18215 72ND AVENUE SOUTH Q` S KENT, WA 98032 SPORTS 14024L.002.000 425 251 -6222 m 4253251 -8782 FAX Title SHEET CIVIL ENGINEERING, LAND POWER PLANNING, SURVEY, ENVIRONMENTAL I G�N RVICES EASEMENT 1 of 1 DFSIGNED (DRAWN TSL ICHECKFD __BDG 1APPROVED XXX I DATE 1/2