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HomeMy WebLinkAbout1983 - Easement - Nelsen Helen / Independent Water Company - 83062907788306290778 E A S E M E N T HELEN 134 NELSEN, a single person, hereinafter called "Nelsen ", hereby grants unto the INDEPENDENT WATER COMPANY, a Washington corpora- tion, hereinafter called the "Water Company ", an easement for the purpose of construction, operation and maintenance of a water main, in and upon the following described property, situate in King County, p O State of Washington, to -wit: CP), ��04p' The Southerly 10 feet of So. 158th Street, also known,as "Longacres Way" (a private roadway) beginning at the ' el QD ,intersection of the South margin of South 158th Street and the East margin of Puget Sound Power and Light Company right of way, thence Easterly along South 158th Street to the West margin of the Chicago, Milwaukee Railroad right of way; together with the Northerly 10 feet of South 158th Street beginning at the intersection of the North margin of South 158th Street and the East margin of the Puget Sound Power and Light Company right of way, thence Easterly along South 158th Street to the West margin of the Chicago, Milwaukee Railroad right of way; together with 10 feet in width beginning at a point 30 feet East of the intersection of the North margin of South 158th Street and the East margin of the Puget Sound Power and Light right of way, thence crossing, South 158th Street in a southerly direction to a point 30 feet West of the intersection of the South margin of South 158th Street and the East margin of the Puget Sound Power and Light Company right of way: all situated in a portion of the Southeast quarter of the Southwest quarter of Section 24, township 23 North, range 4 East, W.M., being in area 3,055 square feet.. Said grant is made uponthe following terms and conditions: 1. The Water Company shall pay unto Nelsen as and in considera- tion for said easement grant the sum of Two Thousand One Hundred Ninety One and 25/100 Dollars, ($2,191.25), having been mutually de- termined at a rate of seventy five cents ($.7) per square foot; that is one -half (1/2) of the fair market value, per square foot, of the land subject to said easement grant, as of the date of this instrument. 2. Payment of said consideration - the due date of periodic payments and the specific amount of such payments - shall be made to Nelsen at such times and in such amounts as may be mutually agreed upon by the parties hereto. Provided, that until said consideration shall have been paid in full to Nelsen by the Water Company, this -1- by • instrument shall be unrecorded, and the original hereof, together with any and all executed copies hereof, shall remain in possession of Nelsen. 3. The Water Company shall have no right to store vehicles, maintenance supplies or other equipment, upon the aforedescribed measement area; vehicles, maintenance supplies, or other equipment r • shall be permitted upon the aforedescribed easement area only during • the actual construction, maintenance or repair of the water line within O cn the easement area. OD 4. There is hereby specifically reserved unto Nelsen full use and enjoyment of the aforedescribed easement area not inconsistent with the easement rights hereby granted; provided, Nelsen shall not construct any permanent structures or buildings, in whole or in part, upon the aforedescribed easement area. 5. The Water Company agrees to hold and save Nelsen harmless from any and all damages to the property or persons of third parties arising from its use of the easement hereby granted, and the Water Company further agrees to pay any damage or damages which may arise to the aforedescribed easement area or property of Nelsen contiguous thereto through the use, occupation and possession of the rights herein granted to-the Water Company. 6. The easement rights granted hereby shall not be assigned by the Water Company, without the written consent of Nelsen;. provided that such consent shall not be unreasonably withheld. 7. In the event the Water Company, following installation of a water line within the easement area, should cease to use the afore - described easement area for water line purposes for a period of one year, or should the water main installed in the aforedescribed easement area be relocated outside the aforedescribed easement area, this ease- ment grant shall thereupon be terminated. 83062907:8 Dated this /51-day of Re',/ lnt 6p4- , 1971. Helen B. Nelsen STATE OF WASHINGTON ) ) ss COUNTY OF K I N G ) On this_ day personally appeared before me HELEN B. NELSEN, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the purposes therein mentioned. GIVEN under my hand and official seal this /$ day of 1i/Gdel'ibe 1971...; NO PU: T• in • • for the State of ‘laington, resi.' g at RENTON The.a'foredescribed easement grant, subject to the foregoing terms and conditions, is hereby accepted. By INDEPENDENT WATER CO., a Wash.Corporation Helen B. Nelsen, President By Sidonia A. Kettering, Sec. -' reas. STATE OF WASHINGTON ) ss COUNTY OF K I N G ) On this /374 day of —%, .%/4 - x.7,4") 1971, before me, the under- signed, a NOTARY PUBLIC in and for the State of Washington, duly commis- sioned and sworn, personally appeared HELEN B. NELSEN and SIDONIA A. KETTERING, to me known to be the President and Secretary- Treasurer, re- spectively, of INDEPENDENT WATER 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 and purposes therein mentioned, and on oath stated that they were au- thorized to execute the said instrument, and that the seal affixed, (if any), is the corporate seal of said corporation. WITNESS my hand and seal hereto affixed the day a1 year first above written. ARY PUBLIC in nd pr`•the State of Washington, res idi. rg - at RENTON -3-