HomeMy WebLinkAbout1973 - Easement - National Bank / Shefelman Harold / Desimone et al - 7311070435EASEMENT
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Olympic R/W No.
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THIS INDENTURE, made this 24th day of August
'1973, THE NATIONAL SANK OF CONNERCE OF SEATTLE, Harold S. Shefelman,
CO Richard Desimone and Mondo Pesimone. as trustees under the Last Will
U and Testament of Guiseppe Desimone, deceased, and AE PROPERTIES, INC.,
.a California corporation, Lessee, herein called "Grantors," and
;C OLYMPIC PIPE LINE COMPANY, herein called "Grantee,"
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WITNESSETH:
That in consideration of the sum of Ten Dollars ($10.00)
and other valuable consideration, 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 2-1/2 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 following described land situated in the
County of King, State of Washington, to -wit:
A right of way•easement five (5) feet in width in,
through and across a portion of the Northwest Quarter, Section 25,
Township 23 North, Range 4 East, W.M., King County, Washington.
The center line of said facility shall be located as follows:
RECEIVED
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Pevinning at -a point on a line, said line being
the Easterly line of Andover East, a portion
of the Northwest Quarter, Section 25, Townshio 23
North, Range 4 East, W.M., King County, Washington,
also being the Westerly Right of Way boundary
of SR. 181 (West Valley Highway) said point being
N 8°52'29" W, a distance of 89.04 feet from the
SE corner of said Andover East. _
Thence S 74°22'49" W, a distance of 5.04 feet
to a
Thence S 8°52'29" E, parallel with and five feet
Westerly from the said East line of Andover East, ---
a distance of 58.45 feet to a point;
/
Thence S 81°07' 31" W, parallel with and 3q,fee
Northerly from the Cnuth line of Andover cast, X41 o3
a distance of 100.93 feet to a point:
to a point; ,,J.
Thence N 52°47'53" W, a distance of 69.14 f
Thence S 79°43'39" W, a distance of 1.75 fee ' -
to a point;
Thence S 62°55'24" W, a distance of 32.98 feet
more or less to the point of Terminus in a line,
Said line being the Westerly line of said Andover
East, also being the Easterly boundary of the
Green (White?) River. said point being N 52°47'53" W
along said line, a distance of 96.42 feet from the
Scuthwest corner of said Andover East.
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7311070435
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This easement is granted on the following terms and canditioa5:
1. Said facility shall consist of a single line of pipe or conduit not
ever 12.188 inches inside diameter bdried at leas;. three (3) feat below tL
t c natural
surface of the ground at all points, except for the top of one gate, gate valve
and structure to be made flush with any surface required by Grantor or tenant
and of a strength to withstand any applied loading required by Grantor or tenant.
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. Markers shall be aesthetically suitable
to developed use of the property.
2. Grantee agrees fully to indemnify Grantor and save and defend and
hold Grantor 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.
3. Grantee hereby assumes all risk of loss or damage including damage
or injury to person or property which may be suffered by Grantee resulting from
Grantor's use of said land and in any of its equipment thereon, except damage or
injury which is the proximate result of negligence of Grantors, its servants or
agents.
4. The right hereby granted shall cease and determine whenever the
Grantee shall abandon the use of said facility and upon such abandonment Grantee
shall remove its facility and restore the premises to as good a condition as
before.
5. Subsequent to initial construction further access to easement area
shall be at the discretion of the Grantor, except when emergency measures must
be taken due to pipe line failure, etc.
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 existing facilities and use of the area. Grantee further agrees
that, prior to installation of any portion of said pipe line system, it will define
(1) the exact location of said pipeline; (2) the proposed construction schedule;
(3) the name of contractor doing the work; (4) temporary construction area agreed
upon, and (5) access to the site arranged.
8. Grantor reserves the right to use said premises for its own purposes
in any way. If, in the opinion of Grantor, any structure would be endangered or
i.._,.rfer .d with by Grantee's pipe line or portion thereof, Create:. :all:c t:
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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 Grantor's sole expense and risk.
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 premises and if Grantee's pipe line or any
portion thereof will in Grantor's opinion interfere with the construction, re-
construction, 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 premises to the depth or along the route specified by Grantor,
such relocation and reconstruction to be at Grantor's sole expense.
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10. Maintenance of excavated areas shall be performed
by Grantee to return the quality of the surface disturbed to the
same standard as the adjacent undisturbed areas for the duration
of this easement agreement.
11. No assignment of the privileges and benefits accruing
to the Grantee hereunder, by operation of law or otherwise, shall
be valid without the prior written consent of the Grantor.
12. Within 30 days of request by Grantor, a certified
survey of the alignment (with ties to Permanent structures, highways,
manholes, Property corners, etc.) and elevations of the as -built
pipe line shall be furnished to Grantor.
13. Grantee shall install carrier pipes (conduits)
across pipe line easement, either above or below pipe line, at
specified locations suitable for Proposed sanitary sewer extension
and undergrounding of electric power.
14. The trench backfill specifications shall be enforced
by testing of the work by competent soil testing agency. Reports
of soil -tests shall be Provided to the Grantor at its request.
IN WITNESS WHEREOF, this instrument has been executed by
the parties hereto as of the day and year first above written.
OLYAMPIC PIPE LINE COMPANY
Grantee
THE NATIONAL BANK OF COMMERCE
OF SEATTLE
AE PROPE
04X-
By
•KBy
S, INC.
Jr
esident
Lessee
Its Vice President
And by
Its Real Estate Officer
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STATE OF WASHINGTON )
I ) ss.
COUNTY OF KING )
V/ , On this 24, day of oG� �3ig' , 1973, before
C me personally appeared HAROLD S. SHEFELMAN, RICHARD DESIMONE
Nand MONDO DESIMONE, to me known to be trustees under the Last
9 ; Will and Testament of Guiseppe Desimone, deceased, who executed
— i the within and foregoing instrument, and acknowledged said
instrument to be their free and voluntary act as such trustees
for the uses and purposes therein mentioned.
:•••C ...:. Afqs, IN WITNESS WHEREOF, I have hereunto set my hand and
nSJ_ �Noltf�.fi cl my official seal the day and year first above written.
;'?:<��p1NRY. W.
;`f. .A"t ` Z..
Notary Public in and for the
R1o' ���:�'' State of Washington, residing at
Seattle.
STATE OF i;CONNECTICiT )
ss.
COUNTY OF H,,,,tper )
On this fou day of October , 1973, before
me personally appeared JAMES RICHMOND, JR., to me known to be
the Executive Vice President of AE PROPERTIES, INC., the corpora-
tion 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 instrument 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.
rye'
Notaryic in and for the
z " C 9 + :� , State of Coruiect-i.cut, residing
m : 0) D Z, „�. • n: at
My Commission Expires:
5��0-F WASHINGTON )
ss.
COUNTY OF KING )
On this 2.01 day of______a__ , 1973, before me
personall appeared z; (/A�yq� , to me known to be the
fieZ-We.t4il?Eti�T- of OLYMPIC PIPE LINE COMPANY, the cor-
poration 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 he is authorized
to execute the said instrument and that the seal affixed is
the corporate seal of said corporation.
7 -
MARC G. IliumOW, Notary Public
Within and for the Staten of Connecticut
My, Commission Expires March 31,,, 1978 -
WITNESS my hand and official seal affixed the day and
year in this certificate above written.
Notary iydb in and for the
State of Washington, residing at
169LLE y
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STATE OF WASHINGTON)
COUNTY OF KING )
BS.
On this 31st day of October , 1973, before me, the undersigned,
a Notary Public in and for the State of Washington, dully commissioned and sworn
personally appeared R. M. Adams and Robert E. Reynolds
to me known to be the Vice President and Real Estate Officer, respectively, of
the NATIONAL BANK OF COMMERCE OF SEATTLE, Co -trustee, 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 authorized to execute the said
instrument and that the seal affixed is the corporate seal of said Corporation.
WITNESS my hand and official seal hereto affixed the day and year in
ificate above written.
%%11-944
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NotarPublic in and fdr the State of
Washington, residing at Seattle
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Art{erence drnwinq by Wilsey ce /Jour
Renfon, LYoshlfi9fo'rn, number- 3-/5/3-Q90-/5
Doted /1-47q, /973
Seo -fr7ys shown bose•d on Wash/ry fon
Sfo7'e Grid, North Zane
N. 8. No.'-- PP.
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Proposed ,Pe/oca,
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Soufn Lire of
Andover Eusf
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RCder Lam/ 6 S-/07-/9
DEW." ENCR.
DRAWNGrefO7t* Vrj
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CHECKED
NO.
REVISION
APPROVED DATE
GATE CHK'D. APP'D.
R�rsr�or? rSo .Seo TQc
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OLYMPIC PIPE LINE COMPANY
i¢TTth/VVIINOTON
SCALE
/� - 50' 1 DRAWING NO. c 852
0 6 7 73110701435
RECORDED
IIQUEST OF
19T5 NOV AM 9 55
DIRECTOR
RECORDS & ELECTIONS
KING CCUNTY, WASH.
BtEDtDrReCr at Request
OLTIMO AWE UNE CO.
Eilltess - C/0 WXES I -ASSOCIATES
4350 NOIMIRUP WAY
• • ISIBUkiYA..911004