HomeMy WebLinkAbout1974 - Easement - Puget Western / Val Vue Sewer District - 7412170398r-
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E A S E M E N T
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This Indenture made this_��1 day of 04 e 1974, between
PUGET WESTERN, INC., a Washington corporation, herein called "Grantor"
and the VAL vUE SEWER DISTRICT, King County, Washington, a municipal
corporation, herein called "Grantee
WITNESSETH:
That in consideration of the sum of
receipt of which is hereby acknow .ledged,
of the covenants hereinafter: set forth,
without warranty of any kind, a right of
width for the construction, maintenance,
the following described facility:
One Dollar ($1.00) in hand paid,
and the performance by Grantee
3rantor hereby grants to Grantee,
way not exceeding 10 feet in
replacement and operation of
A; sanitary sewer line not exceeding 12- inches. inside diameter,
within and across the following described',ldnd'situated °in the County
of King, State of Washington, to -wit:
A strip of land 5 feet on each side of line beginning on the
south property line 440 feet east of the southwest property
corner, and extending to a point 140 feet north and 340 feet
east of the southwest property corner; thence running north-
westerly to a point 230 feet north and 55 feet east of the
southwest property corner; thence running northeasterly to a
point on the northerly property line 70 feet east of the west
property line, lying within:
Lot 23 -24, Block 2, McMicken HeightscDivision #1, unrecorded,
and portion of vacated road; Less street.
TOGETHER WITH:
A strip of land 5 feet on each side of a line beginning on
the southwesterly property line (the centerline of South
160th Street vacated) at a point 65 feet west of the east
property line and running northeasterly to a point 5 feet
west of the east property line and 155 feet north of the
southeast property corner; thence extending ziorth parallel
to the east property line to a point on the north property
line 5 feet west of the northeast property corner, lying
within:
Lot j, Block 1, McMicken Heights Division #1, unrecorded, and
portion of vacated county road adjacent; Less Parcels 1- 2300 -A
and 1- 2300 -B per U. S. District Court, Western Division of
Northern Division Decree of Taking #2.
This easement is granted on the following terms and conditions:
1. Grantee agrees that said sewer main will be buried at least
five (5) feet beneath the natural surface of the ground at all points.
2. Grantee agrees to notify Grantor 48 hours prior to beginning
of construction by calling 454 -6363, extension 630, Bellevue, Washing-
ton.
3. Said easement shall include the right of ingress and egress
to, upon and over-and across said -land to construct; mai'ntain', oper-
ate, repair and replace said sewer line and all connections and appur-
tenances thereto, and dlso grants to Grantee the use of such additional
area immediately adjacent to the above easement as may be necessary
for the construction of said sewer, such additional area to be held to
a minimum necessary for that purpose. The grant for use of additional
area shall terminate upon completion and testing of said construction,
or no later than November 30, 1974.
4. 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 whomso-
ever made, and to indemnify Grantor for all such loss, damage or claims.
5. Grantor shall not be liable for any loss or damages to
Grantee's facilities resulting from Grantor's use of the lands emcumbered
by this easement unless such loss or damage is due to negligent act or
omission of Grantor. Grantor agrees to use reasonable care.
6. Grantor reserves the right to develop and use the lands
encumbered by this easement for any purpose not inconsistent with the
rights granted herein. Grantor reserves the right to construct build
CO ings over said easement upon securing the consent of Grantee, which
consent Grantee agrees shall not be unreasonably withheld, having due
regard to Grantee's facilities.
r` 7. Grantor reserves the right to grant access rights to others
along or across the lands encumbered by this easement and to grant
ICT any other right which is not inconsistent with the rights granted
herein to Grantee.
8. Should the easement area be subsequently improved by Grantor
or its assigns, Grantee agrees that it shall, at its sole cost and
expense,•replace or restore to its improved condition any such improve-
ments which are damaged or destroyed as a result of Grantee's exercise
of its rights of maintenance, repair or replacement.
9. Grantee agrees that in consideration to Grantor for said
easement, Grantor shall be entitled to make connections to the sewer
line at a future date at no cost to Grantor, its successors and assigns.
10. 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 Grantor.
11. The rights and obligations of the parties shall inure to the
benefit of and be binding upon their respective successors and assigns.
12. The rights hereby granted shall cease and determine whenever
Grantee shall have permanently abandoned the use of its facilities
accommodated by this easement.
13.' The legal description for this 10 -foot wide easement, as des-
cribed above, shall be amended when installation of the sewer line has
been completed through Grantor's ownership. The amended legal descrip-
tion shall be described by metes and bounds based upon an actual survey,
and made a part hereof.
VAL -VUE SEWER DISTRICT
BY!'
PUGET WESTERN, INC.
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