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HomeMy WebLinkAbout1990 - Easement for Underground Electric System - Puget Sound Power - 9005150602cof A9741MCET EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM POWER For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, CITY OF TUKWILA, a Washinaton M unicipal Corporation "Grantor" herein), grants, conveys and warrants to PUGET SOUND POWER LIGHT COMPANY, a Washington cor- poration "Grantee" herein), for the purposes hereinafter set forth a perpetual easement under, across and over the fol- lowing described real property (the "Property" herein) Kin County, Washington. Lot A of City of Tukwila Short Plat No. 84- 20 -SS, recorded under King County Recorder Number 8407190829, said Short Plat being a subdivision of the East 268.02 feet of Lot 20, Brookvale Garden Tracts, according to the plat thereof 0 recorded in Volume 10 of Plats, page 47, in King County, Washington, except the East 20 feet thereof for 57th Avenue South. Being a portion of the Northwest quarter of Section 23, Township 23 North, Range 4 East, W.M., in King County, Washington. w Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right of Way" herein) described as follows: M *M#WM74W gxxxxxxxxxxxxMK flyrdmm$cxxxxxxxXxxxxX"&V& dh' K" KKMffMj%gr0&4JRFrX The North 16 feet of the South 103 feet COPY�F i East 16 feet of the above described Lot COPY FILED SO FILED -nn nr,- 1�n11Q AT RE n�` "�n• FYI i-�' QY 5 PUGET F "R A LAURA ER KSON 1 yft'�irt�,ctor% of Reeordi; REAL ES�I leCtigo PUGET f'tr BELLEVUE, 11HO; lli'�C TCt'� 98039 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair.ieplac. and.enlarge. an underground electric transmission and /or distribution system upon and under the Right -of -Way togethep-w t�'. pI):necessary or convenient ap- purtenances 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 con- struction 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 exer- cise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exer- cise 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 extent 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 may 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 con- struction 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 be done within 15 feet of the Right 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 Gran- tor, 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. #788.371.79 R -2945 8909012 KJ -AC001 234 -90 `�•Gt DATED thisci_ STATE OF WASHINGTON ss. COUNTY OF KING ak On this 3 V day of 19 90 before me the undersigned, a notary public in and for the State of Washi gton, 1 com ssioned and sworn, personally appeared to me known to be the v 14ty� of CITY OF TUKWILA the Municipal Cotporation that executed the foregoing instrument .and acknowledged the same to be the free and voluntary act and deed of said municipal corporation, for the use and purposes therein mentioned, and on oath stated that is F"Zfu`t h ard,f execute the said instrument. fr "t_? q r 'F 10 0 ,WITNESS my hand and official seal hereto affixed the day and year 4 in this cert<fot� i °gg written. 161 A 0 .j Y •si..±K:h.. V�.f:.'.vj�.t�a.Nti+ 9 11 11� day of 9a GRANTOR CITY�OE. TUKWILA By! M A VvP_ r p Notary Public in and for 'of ..99 0.: .Washington, residing t o ttASHMy commission expires Approved as to form: /fd'J'7 City Attorney x