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Home My WebLink About1965 - Easement - Puget Sound Power & Light Company / Olympic Pipe Line Company - 5905398 5905398 , VOLPAGE 4676 267 4x Prcels L23O49o35 -- 2523049o23 25230ij9023 EASEMENT e7g-�i-��9 Also adjotent/o 2523x' /9e,43 THIS INS, made this 18th day of June 1965 ,,between PUGET SOUND POWER & LIGRT COMPANY, a Washington corporation herein called "Grantor", and OLYMPIC PIPE LINE COMPANY, herein called "Grantee", WITNESSETH: That in consideration of the sum of One Dollar (1.00) and other valu- able considerations, 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 5 feet in width on each side of the center line hereinafter described, for the construction, maintenance and operation of a petroleum pipe line within and across the follow- ing described land situated in the County of King, State of Washington, to wit: That certain strip of land, formerly the Puget Sound Electric Railway right of way, as established and located over and upon the following described lands: The %4 Section 25, W4 Section 36, Township 23 N., Range 4 East, W.M.; ALSO W2 Section 1,14 Section 12, W2 Section 13, Wi Sec- tion 24, Vti Section 25, W4,.Section 36, Township 22 N., Range 4 East,'W.M.; ALSO, Mi.:Section 1, Township 21 N., Range 4 East, W.M. The center line of said facility shall be located as follows: Beginning at a point of intersection of the east line of Sec- tion -25, Township 23 North, Range 4 East, W.M., with a line drawn parallel to and 45 feet south of the north line of said Section 25; thence N 87°06' W along said line 911 feet; thence S 34°38' W 830 feet; thence N 87°09' W 2391 feet, more or less, to the east line of said Puget Sound Electric Railway right of way, and the -true point of beginning; thence continuing N 87° 09' W 95 feet, more or less, to a point 5 feet east of the west line of said right of way; thence southerly parallel to and 5 feet easterly from said west line to a point in Section 1, Township 21 North, Range 4 East, W.M., which point is 921 feet southerly of south line of South 292 Street (formerly Mill Street), as measured parallel to said westerly right of way line; thence turning an angle to the right of 59°33'15" a distance of 5.8 feet to an intersection with said west line and the terminal point of this center line description. EXCEPT ROADS This easement is granted on the following terms and conditions: 1. Said facility shall consist of a single line of pipe or conduit not over' sixteen inches inside diameter buried at least three feet below the natural surface of the ground at all points. Grantee agrees to install and maintain substantial permanent markers at appropriate places 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 fully to indemnify Grantor and save and defend and hold it harmless against and from all claims, costs, expenses, damages, losses and liabilities or any of them in any way connected with the right of way herein granted by Grantor. 1 M ICROF ILME S11, J. 7: `,d • vo4979 PAGE 268 - 3. Grantee hereby assumes all risk of loss or damage including dam- age or injury to persons or property, which may be suffered by Grantee result- ing from Grantor's use of said land and any of its equipment thereon, except damage or injury which is the proximate result of negligence of Grantor, its servants or agents. Cd L. 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 vim+, facility. L 5. Grantee shall have reasonable right of ingress and egress over adjacent lands of Grantor, in order to exercise the rights herein granted. 6. 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 maintenance of Grantee's said facility. 7. Grantee agrees to install said pipe line in such a manner so as not to interfere with poles, guys or any other facilities of Grantor. Grantee further agrees that, prior to installation of any portion of said pipe line system, it will co-ordinate the exact location of such portion with Grantor. 8. Grantor reserves the right to use said premises for its own pur- poses in any vay. Without limiting the generality of the foregoing, Grantor reserves the right at any time and from time to time to construct or reconstruct electric lines (whether AC or DC; whether now existing or hereafter to be con- structed) and related structures, or rapid transit and related facilities, upon the premises. If in the opinion of Grantor, any such structure would be en- dangered, or interfered with, by Grantee's pipe line or portion thereof, Grantee shall promptly relocate and reconstruct said pipe line or portion thereof upon and across said premises to the depth or along the route specified by Grantor, such relocation and reconstruction to be at Grantee's sole expense and risk. If Grantor's use necessarily damages Grantee's facilitfes, Grantee shall have no claim or right of reimbursement against Grantor for such damage. 9. Grantor reserves the right to grant rights in the premises to other persons provided such rights so granted are not inconsistent with the rights herein granted to Grantee; provided, however, that Grantor may grant to any such person a right of access across any part of said presises and if Grantee's pipe line or any portion thereof will in Grantor's opinion in- terfere with the construction, reconstruction, maintenance or use of such right of access, then at Grantor's request Grantee shall promptly relocate and reconstruct said pipe line or portion thereof upon and across said prem- ises to the depth or along the route specified by Grantor, such relocation and reconstruction to be at Grantee's sole expense. If the exercise of rights so granted damages Grantee's facilities, Grantee shall have no claim or right of reimbursement against Grantor for such damage. 10. If the 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. 11. No assignment of the privileges and benefits accruing to the Grantee hereunder, by operation of lav or otherwise, shall be valid without the prior written consent of the Grantor. 12. Within six months after installation of said pipe line, Grantee shall prepare and submit to Grantor a final location drawing, shoving in de- tail the actual alignment of the pipe line as constructed. - 2 - M 1CROF ILMED / VOL 4679 PAG€ 269 IN WITNESS WHEREOF, this instrument has been executed by the parties hereto as of the day and year first above written. Cortsrde-rt'pt Lass Than 5100.00 No I;aysa::3 Stamp Required Secret PI)GET SOUND POWER & LIGHT COMPANY Sr.Vice President - tls GRANTOR . Ford, Vice President' GRANTEE STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 18th day of June , 19 SS , before me personally appeared i._ p._ Kamer and C. I. Schoeggl , to me known to be a Vice President 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 3 Notary Public in and for the State of Washington, residing at Seattle M ICROF ILM1=B vtit 4679 eAur2 70 STATE OF WASHINGTON COUNTY OF KING 1 X ss ACKNOWLEDGEMENT • On this 20th day of July, 1965, before me, the undersigned Notary Public, personally appeared D. R. Ford, to me known to be the Vice President of OLYMPIC PIPE LINE COMPANY, the corporation that executed the within and 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 are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year in this certificate above written. Mod far ftec rd zi aim Regued •f /^ i -moo , A - to A. Aeaulls, county *091 Notary Public in an for the State of Washington, Residing at Bellevue My commission expires 10-20-68 MtCROP gLMEG3` SE�%r .i 79 Deeds PAG; X07. '.:GUEST OF S.'W F•.I. ti� r: 2 29 r1OCi f_�iI M �r'r ' r r. �iliJ P �•; :.itl.. :A()IY %DOSS 'Ksfl/% `annanaff=t, r FFL ao/ .0 d a'! ac;i ad:d ctdt:tjp ' 10 ISO t: • A uin;aTY