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Home My WebLink About2004 - Easement - Puget Sound Energy / City of Tukwila - 20040902000940RETURN ADDRESS Puget Sound Energy, Inc. Attn: ROW Department POBOX gUDGVGEN '03E Bellevue, WA 98009'0868 ATTN.: WRC �� CONFORMED�vr/ =nTO SEP 1 7 2004 ��N��y�� uPUGET SOUND EN EAS 22.00 ��m��g��&�Q��m��PAGE001 OF 00409/02/2004 10:51KING COUNTY, WA EASEMENT REFERENCE #: GRANTOR: CITY orTuKmLA GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NE23and NVV24Township 24NRange V4E.W.K8. ASSESSOR'S PROPER1YTAX PARCEL: 2333048001; 2954900420 For and in consideratjon of One Dollar ($1.00) and other valuable consideratlon in hand paid, CITY OF TuKwILA ("Grantor" hmne|n), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" harein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" herein) in KING County, Washington: SEE ExHIBIT "A", ATACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: AN EASEMENT AREA 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW oowoTnucTso. TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED PARCEL AND AS MORE PARTICULARLY DEPICTED ON THE DRAWING MARKED EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. Grantee shall have the right to oonotmut, upomte, maintain, mpair, replace, improve,remove, enlarge, and use the easement area for one or more utility systems for purposes oftnsmiosi-n dio�hb-hon and sale ofgas and o|ecthuih,.Such system may indude.but amnot limited to: ' Underground facilities. P|pex, pipelines, mains, |atara|u, oonduits, regulators and feeders for gas; conduits, |inex, oab|oo, vau|ta, switches and transformers for electricity; fiber optic cable and other |inoo, cables and facilities for communications; semi -buried or ground -mounted facilities and pads, manhn|eo, metom, fixtuneu, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee`' m from timeto time, such addiUonu|fauUiUauaoitmay mquimm fornuohayoVamu� Gntoeshall have the right ofcs\o~~~~^ Area over and across the Property to enable exerciseGrantee to its rightsrights hereunder.Grantee �n'ec shall— Easement Grantor for any damage Vothe Pmpa�ycaused bythe exami000fsuch hghtnfaccess xyGrantee. compensate 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose ufany and aUbmoh.trees orother veg��ation|nthe Easement Amo.Grantee uhaUalso have haright t000nUo|on acontinuing basis and byany pmdantand eauonab|nmeans, the establishment and gmmdhof'brush, treesor—other vegetation in the Easement Ara. 3. Grantor's Use of Easement Ara. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein gmnted, provided, however, Grantor shall not construct or maintain any buildings' structures or other objects on the Easement Area and Grantor shall do no b|aatinQwitNo 300 feet of Grantee's facilities without Grantees prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall contiue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terrninate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; pmvidod, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to Initially install its systems on the Easement Area within any period of time from the date hereof. WONO: 10101592 REDT: 43755 Tuk1a, City of Page m4 ��M� K�B�W �� 1 7 �WW4K 6. Successors and Assigns. Grantee shaH have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon thelr respectivo successors and assigns. DATED this GRANTOR Its: STATE OF WA HINGTON COUNTY OF \ ' and On this 214 dayof ^�r the State of Washington, .� _~ and _. 2003, before me, the . oNut wom, personally �`~ 7ri me known moethe person who signeUax the corporation that executed the within and /oroqoin n°h mont, and ackn.uowf|on~-~/a&�/"~'"~�^""'+" yb free and voluntary act and deed and the free andact the uses and purposes ther d and deeid of /It 1/ for nif, was authorized to execute Pubic the said instrument on behalf of said to -- day of August 2004. in IN WITN!havaheeunhooetmvhandundoffida|xoa|thedaYondyoar8mtabovewritton. �-� � m�^ ~.. /- ' � o( 9UG� ^ L»/ �.7��.� �+�87, Notary soul, �� margin �a "�� WONO: 10101592 REDT: 43755T��a.�� Page 2cf4 /*ILL a_ !nature ofiN_Jotaiy (Print or stamp name of Notary) NOTARY PUthe State of Washington, residing -- —' ' -- :]^��~� Exhibit "A" Legal Description of Property APN: 295490-0426 That portion of vacated blocks 4 — 9, inclusive, and vacated blocks 12 to 17, inclusive, of Gundaker's Interurban Addition to Seattle, (Vacated), according to Plat recorded in Volume 14 of Plats, page 46, in King County, Washington, and vacated streets adjoining, more particularly described as follows: Commencing at Highway Engineer's Station POT (2M) 127+75.0 on the 2M -line shown on the State Highway Map of Primary State Highway No. 1 (SR 405) Green River Interchange, Sheet 2 of 4 Sheets, established by Commission Res. No 1192, February 19, 1962, thence Northeasterly at right angles of said 2M -line North 30° 27' 06" East 284.88 feet, thence tangent to the preceding course along the arc of a curve to the left having a radius of 300 feet and a central angle of 08° 19' 06", an arc length of 43.56 feet, thence tangent to the preceding curve North 22° 08' 00" East 309.43 feet, thence North 30° 35' 15" East 60.00 feet to the True Point of Beginning of the parcel to be described herein, thence, from said True Point of Beginning from a tangent that bears North 59° 24' 45" West along the arc of a curve to the left having a radius of 60.00 feet and a central angle of 89° 41' 29", and arc length of 93.92 feet, thence, North 59° 24' 45" West 183.82 feet, more or less, to the bank of the Green River, thence along the bank of the Green River North 30° 04' 58" East 116.17 feet to a point thereon, thence leaving said bank of the Green River South 37° 36' 40" east 137.76 feet, thence South 55° 24' 30" East 50.12 feet, thence South 59° 24' 45" East 66.73 feet, thence South 30° 35' 15" West 1.82 feet to the True Point of Beginning. APN: 232304-9001 All of Government Lots 1 and 2 in Section 23, Township 23 North, range 04 East, W.M., ALSO all that portion of Government Lots 1 and 5 in Section 24, Township 23 North, Range 04 East, W.M., and all that part of the Lake in Section 23 and 24 lying West of the right of way of main lines of Chicago, Milwaukee and St. Paul Railway, also Tract 36, Second Supplement Map of Renton Shore Lands as shown on the official maps thereof on file in the Office of the Commissioner of Public Lands at Olympia, Washington. Except right of way of Northern Pacific Railway CO., LESS Coal and Minerals and the right to explore for and mine the same. WONO: 10101592 REDT: 43755 Tukwila, City of Page 3 of 4 Exhibit "B" Approximate Location of PSE's Gas and Electric Facilities This map is not Intended It represent the precise location or the extent of Puget Sound Energy's present or future facilities. WONO: 10101592 REDT: 43755 Tukwila, City of Page 4 of 4