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HomeMy WebLinkAbout1993 - Easement for Underground Electric System - Puget Sound Power and Light - 93090812921. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace and enlarge an underground electric transmission and /or distribution system upon and under the Right -of -Way together with all necessary or convenient appurtenances therefor, which may include but are not limited to the following: underground conduits, cables, communication lines; vaults, manholes, switches, and transformers; and semi- buried or ground mounted facilities. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to the Right -of -Way over and across 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 of said right of access. 3. Obstructions; Landscaping. Grantee may from time to time remove trees, bushes, or other obstructions within the Right -of -Way and may level and grade the Right -of -Way to the extent reasonably necessary to carry out the purposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall, to the extend reasonably practicable, restore the Right- of-Way to the condition it was immediately prior to such work. Following the installation of Grantee's underground facilities, Grantor my undertake any ordinary improvements to the landscaping of the Right -of -Way, provided that no trees or other plants shall be placed thereon, which would be unreasonably expensive or impractical for Grantee to remove and restore. 4. Grantor's Use of Right -of -Way. Grantor reserves the right to use the Right- of- Way'for any purpose not inconsistent with the rights herein granted, provided: that Grantor shall not construct or maintain any building or other structure on the Right -of -Way, which would interfere with the exercise of the rights herein granted; that no digging, tunneling or other form of construction activity shall be done on the Property, which would disturb the compaction or unearth Grantee's facilities on the Right -of -Way, or endanger the lateral support to said facilities; and that no blasting shall bp dona within 15 feet rnf the Right -of -Way. 5. Indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for injuries and /or damages suffered by any person, which may be caused by the Grantee's exercise of the rights herein granted; provided that Grantee shall not be responsible to Grantor for any injuries and /or damages to any person caused by acts or omissions of Grantor. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right -of- Way for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor, provided that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its facilities on the Right -of -Way within any period of time from the date hereof. 7. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 788.37 1 -79 R -3386 9208859 KJ /AC001 234 -55 2v o OR G AA P><1GET PO/YER r EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM o n� Kfi• For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, CITY OF TUKWILA. a Municioai Corooration "Grantor" herein), grants, conveys and warrants to PUGET SOUND POWER LIGHT COMPANY, a Washington corporation "Grantee" herein), for the purposes H hereinafter set forth a perpetual easement under, across and over the following described real property (the "Property" herein) King County, Washington. o See Attached Exhibit A m P a EXCISE TAX NOT REQUIRED w King Co. Reoords Divislon By s °�puly a 0 Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right -of -Way" herein) described as follows: A Right -of -Way ten (10) feet in width having five (5) feet of such width on each'side,pf,a'centerline described as follows: ON The centerline of Grantee's facilities as constructed or .ti to be constructed, extended or relocated, lyingjwithin the above described property. (This easement may be superseded at a later date by a document with a more specific easement description based S on a survey furnished by Grantor at no cost to Grantee.) 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace and enlarge an underground electric transmission and /or distribution system upon and under the Right -of -Way together with all necessary or convenient appurtenances therefor, which may include but are not limited to the following: underground conduits, cables, communication lines; vaults, manholes, switches, and transformers; and semi- buried or ground mounted facilities. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to the Right -of -Way over and across 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 of said right of access. 3. Obstructions; Landscaping. Grantee may from time to time remove trees, bushes, or other obstructions within the Right -of -Way and may level and grade the Right -of -Way to the extent reasonably necessary to carry out the purposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall, to the extend reasonably practicable, restore the Right- of-Way to the condition it was immediately prior to such work. Following the installation of Grantee's underground facilities, Grantor my undertake any ordinary improvements to the landscaping of the Right -of -Way, provided that no trees or other plants shall be placed thereon, which would be unreasonably expensive or impractical for Grantee to remove and restore. 4. Grantor's Use of Right -of -Way. Grantor reserves the right to use the Right- of- Way'for any purpose not inconsistent with the rights herein granted, provided: that Grantor shall not construct or maintain any building or other structure on the Right -of -Way, which would interfere with the exercise of the rights herein granted; that no digging, tunneling or other form of construction activity shall be done on the Property, which would disturb the compaction or unearth Grantee's facilities on the Right -of -Way, or endanger the lateral support to said facilities; and that no blasting shall bp dona within 15 feet rnf the Right -of -Way. 5. Indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for injuries and /or damages suffered by any person, which may be caused by the Grantee's exercise of the rights herein granted; provided that Grantee shall not be responsible to Grantor for any injuries and /or damages to any person caused by acts or omissions of Grantor. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right -of- Way for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor, provided that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its facilities on the Right -of -Way within any period of time from the date hereof. 7. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 788.37 1 -79 R -3386 9208859 KJ /AC001 234 -55 r� 00 C) C7 DATED this day of GRANTOR CITY F TU ILA, a Municipal qqporat By STATE OF WASHINGTON i ,19� COUNTY OF On this da L 3 of g y C,�t�LC .�U 1 9Y 3 ,before me the undersigned a notary public in and for the d. State o Washington, duly commissioned and sworn, personally appeare Zu `el s to me known to be the Gt," of CITY OF TUKWILA, the Municipal Corporation that executed the foregoing instrument and acknowledged the same to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that l2J is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year in this certificate abov ritten. f,NNI$ of ry Public in and for the State of Washington, Re ding at d�l�(aYJ N l N OTARY G My commission expires N PUBLIC 9� for 9 19cf3 A OF WASN�. R -3386 9208859 KJ /AC001 234 -55 CITY OF TUKWILA EXHIBIT A PARCEL A: That portion of the Northeast quarter of the Southwest quarter of Section 14, Township 23 North, Range 4 East, W.M., King County, Washington, described as follows: Commencing at the Southwest corner of said Section 14; thence North 1 34'41" East 1,724.19 feet along the West line thereof to the South line of the Stephen Foster Donation Land Claim (D.L.C.) No. 38; thence South 88 32'47" East along said South line 2,014.92 feet to a monument established in 1960 by Seattle City Light at the intersection of said South line of D.L.C. No. 38 with the centerline of Seattle City Light transmission line right -of -way and the TRUE POINT OF BEGINNING; thence continuing South 88 0 32 1 47" East along said South line 26.18 feet; thence North 46 18'41" East 31.49 feet; thence North 43 41'20" West 82.51 feet; thence South 88 °34 East 110.00 feet; thence South 43 41 1 19" East 155.09 feet; thence South 01 0 21 1 33" West 67.30 feet; thence South 43 0 41 1 19" East 21.93 feet; thence South 46 0 18 1 41" West 100.00 feet; thence North 43 °41'19" West 258 feet to said South line of D.L.C. No. 38 and the TRUE POINT OF BEGINNING. PARCEL B: That portion of the Puget Sound Electric Railroad right -of -way in the Southwest quarter of Section 14, Township 23 North, Range 4 East, W.M., in King County, Washington, bounded on the Northeast by Maule Avenue, on the Southwest by SR 181,on the Southeast by O Right- of- Way-No. 8 and on the North by the North line of the Joseph Foster DLC No. 39 Right -of -Way as described in King County C� Recording No. 6557639. S �7 r1