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HomeMy WebLinkAbout1966 - Easement - Puget Sound Power & Light Company - 6103200WITNESSETH: Sewer line 6103200 E A S E M E N T VOL 4859 CIO THIS INDENTURE, made this day of 1966, between PUGET SOUND POWER LIGHT COMPANY, a Washington corp r tion, Herein called "Grantor”, and the CITY OF TUKWILA, a Municipal corporation, herein called "Grantee That in consideration of the sum of ONE and NO /100 DOLLARS ($1.00) in hand paid, receipt of which is hereby acknowledged, and the performance by Grantee of the covenants hereinafter set forth, Grantor hereby grants unto Grantee, without warranty of any kind, a right of way not exceeding five (5) feet in width on each side of the center line hereinafter described, for the construction, maintenance and operation of the following described service facility: within and across the following described land situated in the County of King, State of Washington, to -wit: A strip of land 100 feet in width in Section 23, Township 23 North, Range 4 East, W.M., in King County, Washington, known as Seattle Tacoma Railway Right of Way, and also as Puget Sound Electric Railway Right of Way, the location of which being more particularly described and set forth by instrument recorded under Auditor's File No. 2629432, Records of said County. The center line of said facility shall be located as follows: This easement consists of a 1 foot permanent strip, the center line of which is described as follows: Beginning at the intersection of the center line of said Puget Sound Electric Railway Right of Way with a straight line between the northwest corner of said Section 23 and the northeast corner thereof; thence southerly along said center line a distance of 2268.48 feet to a point known as Survey Station 886 +42.34 (ahead), according to survey of Tukwila Puget Interurban Right of Way for Puget Sound Power Light Company by Robert P. McKiddy, Professional Land Surveyor, dated September 19, 1964; thence westerly at right angles to said center line 50.00 feet to the westerly margin of said right of way and the true point of beginning of said easement center line; thence easterly at right angles to said margin 70.00 feet; thence southerly parallel with said right of way center line 225.00 feet; thence Easterly at right angles to said center line 30.00 feet to the easterly margin of said right of way and the terminus of said easement center line. TOGETHER WITH a 40 foot temporary construction easement, the center line of which is the same as that described above. Said temporary construction easement shall remain in force during construction and until such time as the sewers and appurtenances have been accepted for maintenance and operation by the City of Tukwila. This easement is granted on the following terms and conditions: 1. If said facility is an underground pipe or conduit, it shall consist of a single line of pipe or conduit not over eight (8) inches inside diameter buried at least three (3) feet below the natural surface of the ground at all points, and Grantee agrees to install and maintain substantial permanent markers at both ends of said facility on the right of way hereby granted sufficient to give notice to all persons of the location of Grantee's buried facility. 2. Grantee agrees to save and hold Grantor harmless from all loss or damage which may be due to the exercise by Grantee of the right herein granted and from all claims for such damage by whomsoever made and to indemnify Grantor for all such loss, damage and claims. Y FT' PP, OL Z.f f v ut 3. Grantor reserves the right to use said land for its own purposes in any way, and to grant rights in said land to others, not inconsistent with the right herein granted to Grantee, and Grantee hereby assumes all risk of loss or damage, including damage or injury to persons or to property, which may be suffered by Grantee resulting from Grantor's use of said land and any of its equipment thereon, whether said damage or injury be due to the negligence of Grantor, its servants or agents, or otherwise. 4. The right hereby granted shall cease and determine whenever Grantee shall have permanently abandoned the use of said facility and upon such abandonment Grantee shall remove its facility and restore the premises to as good a condition as they were in prior to the construction of said facility. 5. Grantee agrees to pay any and all taxes assessed against its said facility and shall reimburse Grantor for any increase in taxes payable by Grantor which is based upon an increase in land valuation occasioned by the installation and mainten- ance of Grantee's said facility. 6. If Grantee, its successors or assigns makes an excavation in the Grantor's property, it shall without delay restore the surface as nearly as practicable to the same condition as it was in before the doing of such work. 7. No assignment of the privileges and benefits accruing to the Grantee here- under, by operation of law or otherwise, shall be valid without the prior written consent of the Grantor. 8. The location of said right of way is shown on Map No. Sec. 23 -23 -4, dated June 1966, prepared by Hill Ingman, copy of which is attached hereto and by this reference made a part hereof. Atte IN WHEREOF, This instrument has been executed by the parties hereto as first above written. STATE OF WASHINGTON) ss On this day of 1966, before me personally appeared H. G. CARTER and C. B. SCHOEGGL, t e kndwn to be the Manager Distribution and Secretary, respectively, of PUGET SOUND POWER LIGHT COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged 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 authorized to execute said instru- ment and that the seal affixed is the corporate seal of said corporation. COUNTY OF KING Secreta-r'y9 IN WITNES$. day and year/ g :tten. PUGET SOUND POWER LIGHT COMPANY By Manager Distribution CITY OF TUKWILA have hereunto set my hand and affixed my official seal the Notar% Plblic in and for the State of Washington, residing at GRANTOR GRANTEE 0 ited lot Recojd 194_4 er kequest ROBERT A. MORRIS, Canty Auditem la PER NA Et-AR Tax Lot Number Easement Number Permanent Easement Temporary Easement VOL 485 _PAGE _AL HILL INGMA.A I 3 1 I NJ 3EC 4- CONSULTING ENGINEERS SEATTLE, WN. OAT E i 0 I t-AWPC PROJ: NO.4--- DRAWN BY NUMB t I 1 VOL. NO. CHECK BY„''. i 1 SCALE APPR BY -._i .i,.- I