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HomeMy WebLinkAbout2007 - Easement - Gray Cat Collective LLC / Puget Sound Energy - 20070328002415 RETURN ADDRESS: I Pu "et Sound Energy I 9 I Attn: Real Estate Department PO Box 97034 EST -06W Bellevue, WA 98009 -9734 20070328002415 PAG EAS 34.00 E061 OF 003 KING Y, WA E2274219 03/28/2007 15:30 KING COUNTY, WA $499.22 SALE $27,765.00 PAGE001 OF 001 EASEMENT REFERENCE 109021888 GRANTOR: GRAY CAT COLLECTIVE LLC GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: GOVT LOT 1; 35- 23N-4E ASSESSOR'S PROPERTY TAX PARCEL: 352304 -9069 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid GRAY CAT COLLECTIVE LLC, a Washington limited liability company, "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: THAT PORTION OF GOVERNMENT LOT 1, IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 35; THENCE NORTH 87 °44'08" WEST ALONG THE NORTH LINE OF SAID SECTION 35 A DISTANCE OF 449.48 FEET; THENCE SOUTH 01 °51'39" WEST A DISTANCE OF 882.10 FEET; THENCE SOUTH 88 0 08'21" EAST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88 0 08'21" EAST A DISTANCE OF 253 FEET; THENCE SOUTH 01 °51'39" WEST A DISTANCE OF 335.74 FEET, MORE OR LESS, TO THE NORTHEASTERLY MARGIN OF SOUTH 180 STREET; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY MARGIN TO THE EAST MARGIN OF ANDOVER PARK EAST; THENCE NORTH 01 0 51'39" EAST ALONG SAID EAST MARGIN TO THE TRUE POINT OF BEGINNING. 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: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE CENTERLINE OF SOUTH 180 STREET AT ENGINEERING STATION 25 +77.92 P.T. (PER STREET PLAN AND PROFILE FOR L.I.D. NO. 13, SHEET 6 OF 9 BY HILL AND INGMAN, DATED 6 -11 -1968) BEING A 3" X 3" CONCRETE MONUMENT WITH TACK AND LEAD IN STANDARD MONUMENT CASE, SET 0.8 FEET BELOW GRADE, FROM WHICH A 3" X 3" CONCRETE MONUMENT AT ENGINEERING STATION 26 +54.68 P.C. BEARS SOUTH 51 0 09'47" EAST, A DISTANCE OF 76.76 FEET; THENCE NORTH 38 °50'13" EAST, A DISTANCE OF 36.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 51 0 09'47" EAST, A DISTANCE OF 23.52 FEET; THENCE NORTH 00 0 14'53" EAST,. A DISTANCE OF 31.98 FEET; THENCE PARALLEL WITH AND 25 FEET NORTHEASTERLY OF THE NORTHERLY MARGIN OF SAID SOUTH 180 STREET NORTH 51 °09'47" WEST, A DISTANCE OF 3.57 FEET TO A POINT OF CURVATURE; THENCE CONTINUING PARALLEL WITH AND 25 FEET NORTHEASTERLY OF SAID NORTHERLY MARGIN NORTHWESTERLY A DISTANCE OF 81.43 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 485.41 FEET THROUGH A CENTRAL ANGLE OF 09 0 36'42 THENCE SOUTH 29 °13'31" WEST, A DISTANCE OF 25.00 FEET TO A POINT ON THE NORTHERLY MARGIN OF SAID SOUTH 180 STREET AND A POINT ON A CURVE; THENCE ALONG SAID NORTHERLY MARGIN SOUTHEASTERLY A DISTANCE OF 77.24 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 460.41 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 29 0 13'31" WEST, THROUGH A CENTRAL ANGLE OF 09 0 36'42" TO THE TRUE POINT OF BEGINNING. CONTAINS AN AREA OF 2,322 SQUARE FEET, MORE OR LESS. jms 12/2112006 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 natural gas. Such systems may include, but are not limited to: a. Underground facilities. Conduits, lines, cables, vaults, pipes, pipelines, mains, laterals, regulators and feeders for natural gas; fiber optic cable and other lines, cables and facilities for communications; manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the reasonable right of access, upon prior notice to Grantor or Grantor's representative, to the Easement Area over and across the Property during normal business hours to enable Grantee to exercise its rights hereunder, except under emergency conditions. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. Grantee shall promptly restore the Easement Area to its near original condition after construction is complete. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein or previously granted. 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. 4. Indemnity. Grantee agrees to indemnify, defend and hold Grantor harmless from and against all claims that arise from any exercise of the rights granted by the easement, but nothing herein shall require Grantee to indemnify, defend, or hold Grantor harmless for that portion of any such claims attributable to the negligence of Grantor or the negligence of others. 5. 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 or 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. 6. 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 A4 AL day of L 2007. GRAY CATICOLLECTIVE LLC: BY: 'LAUREN DUDLEY, GENERAL MANA ER ANB BOLE MEMBER— CONSENT BY CITY OF TUKWILA: BY:`^'cwo� TIT STATE OF WASHINGTON SS COUNTY OF KING On this C �O day of J Y 2007, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, per onally appeared LAUREN DUDLEY, to me known to be the GENERAL MANAGER and SOLE MEMEBER f GRAY CAT COLLECTIVE LLC, a Washington limited liability company that executed the instrument, and acknowledged that he signed the same as the free and voluntary act and deed, for the uses and purposes therein mentioned and on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal hereto affixed the day and year in this ce Icate first ove written. (Signature of Notary) (Print or stamp name of Notary) au O NOTARY PUBLIC in and for the State of Wash' gton, k�� 10N �5.,�a Residing at ''111111\ My Appointment Expires: Notary seal, text and all notations must be inside 1° margins STATE OF WASHINGTON SS COUNTY OF KING On this .--4P day of 2007, before me, a Notary Public in and for the State of Washin ton, duly commissioned and sworn, personally appeared kl(AI-65`r', to me known to be the ``�Y�L�,/A-4_. of CITY OF TUKWILA, a municipal corporation that executed the instrument, and ack#owledged that signed the samp as the free and voluntary act and deed, for the uses and purposes therein mentioned and on oath stated that authorized to execute said instrument. GIVEN under my hand and official seal hereto affixed the day and year in this certificate first above written. (Sture of Notary) e�` OT acc f i ll i, �1�'/Ur i�dAll S ��/4 l,* G (Print or stamp name of Notary) SSIr NOTARY PUBLIC in and for the State of Washington, C, -1 U 'p Residing at My Appointment Expires: