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HomeMy WebLinkAbout1980 - Easement for Underground Electric System - Puget Sound Power / Foster Golf Course - 8007030480EASEMENT FOR UNDERGROL rUL7R1C SyyM, I 8007030480 CITY OF TUKWILA, J Jl" I C,' 56 114 "I n RE tiN;;: d -i_ECTr(isj� f Grantor hereinl• grants, conveys and wnrrnnts to PUCE'T SOU ?'n PO%%T.n A I.IGirr COMPANY, a Washintton car. :_,pnrminn ('•Crantea" hereinl, fnt the pnrlxmrs hereinnfter set forth at perpetual easement under, across and ever the fol- 7 drscrib• -d real propenv :he "Property herein) Kino County. tt'ashington. All that portion of the Stephen Foster Donation Claim in Section 14, Township 23 North, Range 4 East, W.M., in King County, Washington, lying east of the Puget Sound Electric Railway right of way and south of the northerly margin of Foster Street, produced easterly. Fecept as may be otherwise set forth herein Grantee's rights shalt be exercised upon that portion of the Property j :he Right. of %Vag'• herein) described as follows: A Right- of-Wav feet in width having 5 feet of such width on each side of a center. line. ,:rse: ibed as follows; The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated, lying J within the south 180 feet of the above described Q property. O M t ti O b 2. Purpose. Grantee shalt have the right to construct, operate. maintain, repair, replace and enlarge an underground electric transmission and/or distribution system upon and under the Right- of-Way together with all necessary or convenient ap• purtenances therefor. which may include but are not limited to the foliow: -g: underground conduits. cables, communicatiun fines: vaults. manholes, switches. and transformers: and semi- buried or ground mounted facilities. Following the initial con• struction of its facilities, Grantee :tray from time to time construct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to the Rightof-%Vav over and across the Property to enable Grantee to exer• cise its rights hereunder. provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exer• cise of said right of access, j 2. Obstructions: Landscaping. Grantee may from time to time remove trees, bushes, or other obstructions within the Right. o(AVay and may level and grade the Rightof -Way to the ext• v reasonably necessary to carry out the purposes set forth to paragraph t hereof, provided. that following any such work, *,;rantee shall, to the extent reasonably practicable, restore the i Right-of -Way to the condition it was immediately prior to such work. Following the installation of Grantee's underground facilities, Grantor may undertake any ordinary improvements to the landscaping of the Rightof -Way, provided that no trees or other plans shalt be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and restore. t Grantor's Use of Right.of ay. Grantor reserves the right to use the Right -of -Way for any purpose not inconsistent v.ith the rights herein granted, provided: that Grantor shall not construct or maintain any building or other structure on the Right• of -Way which would Interfere with the exercise of the rights herein gnmed: that no digging, tunneling or other form of can• affliction activity shall be done an the Property which would disturb the compaction or unearth Crantee's facilities on the t RightofAVav, or endanger the lateral support to said facilities: and that no blasting shall be done within 15 feet of the Right-of- Way. S. Indemnity. By accepting and recording this easemenL Grantee agrees to indemnify and hold harmless Grantor from any and all claims for injuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the riou J herein granted: provided. that Grantee shall not be responsible to Grantor for any injuries and/or damages to any person caused by acts or omissions of Grantor. i. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right-al-way for a :•'•:;f;`:; period of five (3) sutxessivo years. In which event this easement shall terminate and all rights hereunder shall revert to Gran ter, provided that rte abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its facilities on the Right of -%Vay within any period of time from the date hereof. 7. Successors and Asaigns. The rights and obligations of Irs parties shall inure to the benefit of and be binding upon their sn. r espective :ttxc�sors and assigns. FILED FOR RECORD AT REQUEST OF: t�:� R -1318 PUGET -POWER' 4 34F928 REAL ESTATE DIVISION 1% EXCISE TAX NOT REQUIRED s t 19 234/55&56 PU GET POWER BLDG. King Co. Records Division BELLEVUE. WASHINGTON 98009 p�puty AiTENT;ON: GEORGE l rq i t .A)�1 BY DATLD this /'7 177 day of O CID Q O M O r— O O C0 GRANTOR rTTY OF 'Tun,C BV: �-31ir STATr OF WASHINGTON I SS COL;.%T• OF 1 19 On this d.ty personalty appeared before me to me knnscn In he th. individual d_srrihed in and whn eleruird the within and forrvoirc inetrumer. srd ac! na.vleeged that signed the same, as free and voluntary act and deed for the uses and pur,nsrs therein mentioned. CIVEN under my hand and official seal this t STATE OF WASHINGTON SS COUNTY OF I day of 19 Notary Public in and for the Sate of W. hington, residing at On this dd%l personally appeared before me to me known to he the individual described in and who executed the within and foregoing instrument, and acknowledted that signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. CIVEN under my hand ind official seal this day of .19 Notary Public in and for the State of Washington. residing at STATE OMASHINCTON I SS COL ;.%7Y OF I On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing Instrument, and acknowledged that signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. MIEN 1 under my hand and official seal this day of 19 Notary Public in and for the State of Washington. residing at STATE. OF WASHINGTON I SS CORPORATE ACKNOWLEDCMENT COL' OF King On this day of 19 before me. the ttndersit:ned. perscnally appeared F t r L: 'T e-I and to me knmsn to be the Mn `•1 and respectively. of CITY OF TUKWILA' the corporation that executed the foregoing instrument. and acknmvledged the said instrument to be the free and voluntary act and deed of said corporation. for the use-, and purposes therein mentioned_ and on oath stated that N t 5 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 first above written. Notary Pudlie in a for,the State of Washinlon. residinS ■tq 21v!7 isTA-2:. J Map