HomeMy WebLinkAbout1971 - Recreational Easement - Puget Sound Power and Light Company - 77111006847711100684
Recreational Easement
THIS AGRI:LIIENT, dated this /5f dal of Movem ,l ?�1 Is
',J
entered into between PUGET SOUND OM 'LIGIIT Z't t,rantor') a
1
Washington corporation, and the COUNTY OF KING (Grantee), a political
subdivision of,the State of Washington.
:r
RECITALS
1. Grantor owns certain property (the Property) located in the
County of Grantee, more particularly described on Exhibit A attached
hereto, and
2. The Property is used by Grantor for the transmission and
F
distribution of electric power and will continue to be useJ for such
1
purpose% for the foreseeable future, and
0
3. Grantor and Grantee recognize the need of land for use as
outdoor recreation trails, and
4. Subject to the terms and conditions of-this agreement, that
;y
portion of the Property not now used by Grantor is made available I%v
4
Grantor t- the public through Grantee pursuant to R.C.W. 4.24.200 and
a
w.�..x. 4.24. :G.
Grantor for and in consideration of mutual benefits, grants and
conveys unto Grantee, an easement upon and across the Property for the
purpose c` a public recreation trail. It is agreed as follows:
1. Term The term of this agreement shall commence as of the
day and year first above written and shall terminate twenty -five
ti
(25) years thereafter; provided, however, the Grantee has the right
to renew :his agreement for another twenty -five (25) year term. In
a
the event of breach by Grantor or Grantee of any of the terms or
provisions of this agreement, the norbrcaching party, in sddition to
all other rights or remedies it may have. may terminate this agree-
t
rent prior to the expiration of such twenty -five (25) year period by
j
thirty (30) days' advance tiritten notice to the other Which notice
shall specifically state the reason for such termination, provided
further, however, no such termination shall be effective if, within
thirty (30) days after such written notice, the breaching party has
cured or commenced in good faith to cure the breach znd has taken or
commenced action in gooal faith to prevent such breach from continuing
or recurring.
2. Use of the Propertz. This easement is for the use of the
Property tor-tne purposes of landscaping, developing and maintaining
the Property and of installing, maintaining and using recreational
facilities therein; provided, that Grantee shal.l perform no wort;
hereunder, except for planning purposes, until Grantee and Grantor
have developed and agreed upon detail ^u plans depicting all improve-
ments to be installed on the Property, provided further, that if
Grantee desires to develop the recreational aspects of the property in
stages Grantee and Grantor shall Jcytlop and agree upon a tcrtati:e
overall plan together with detailed plans for the initial stages of
the development and tentative plans for each of the other stages of J
the development with proposed dates of completion thereof. Tha plans i
referred to herein shall be completed and sgreed upon not later than
six (G) months after the date of this agreement.
3. Indemnity. Grantee shall protect, indemnify and holJ harm-
less Grantor iron and against all claims, demands and causes of action
of any kind or character, including the cost of defense thercaf, arising
in favor of third parties, which result from the operations of the
Grantee, or the intentional or negligent acts or omissions of the Gran-
tee or its employees, agents or representatives, or the breach by
Gaantee of &sq term or condition of this Easement.
RW For Rand At ?lit .2-m- d
Page I of 4 1'16 EXCISE TP?( NOT REQUIRED
a zio- Kinz Co. Raw• i Din,sion
J u U 171 •Viri lll• i\L211. LJllflL V L YL ='LVl P7 f 1 V\fl.i Vf111\ Va vvau LUV fvV avvv
v
1. lltcass. -antes asy, at any time, eios� tile public all
or any part at thoreperty for zeasous of raintenlice, deV41upment
or improvement, provided, however, that Grantor, its employces,
agents
and designated representatives shall at all Bales have the••right
to
entsr upon the Property for the purposi of making any insl)eCtinns,
repairs, alterations. Changes or improvements upon any of its property,
including but not limited to the Property and adjacent grounds, or for
any purpo a whatsoever connected with the carrying on of the business
i
of Grantor. Grantee agrees to rive ten (10) days' advance written
notice of any such closure to Grantor, except
clusures required for
emergency or other similar reasons. At such
time4 as Grantor may con-
e
sider it necessary to close to the public a portion of the trail in
connection >•ith.the operation of its business, Grantee shall, when so
by Grantor, promptly close to the public all or any part of
f
S notified
the Property as requested by Grantor and keep the Property so closed
during the period or periods of time requested by Grantor.
S. Utilization of the P ro p erty. Grantee's right to develop,
aaiatain and use tE for recreation purposes pursuant to this
agreement shall at all times be subject to the right of Grantor, with-
out liability or obligation to Grantee except as provided in paragraph
6 below. (a) to use and maintain its existing facilities or the Proper-
tyt (b) to replace, remove, alter or reconstruct such facilities over-
i
head or underground, and (c) to install any other facilities in the
corridor overhead nr nndrrorniind,
6. Repair. Grantor, shall repair any damage to the recreational
devalu
aenTon the Property, including the lawns, shrubs or trees, or
j
any other
improvements installed on the Property by Grantee under this
agreement resulting from Granter's operations therein except az fa::ows:
(a) If Grantor shall perform any work on their facilities
at the request of Grantee, the cost of restoring the
recreational development on the Property to their con-
dition existing immediately prior to such work shall
j
r
be borne by Grantee.
S
�I
(b) If uran perform any work on their facilities
in order to satisfy any statute, ordinance, rule or
regu)ation o-f r" y governmental body or authority other
than Grantee, the costs of restoring the recreational
development on the Property to their condition exist
ing immediately prior to such work shall be borne
equr.11y by Grantor and Grantee.
1. Grantor Use. Grantor shall not-be deprived because of anything
contained in this agreement of its use of the Property as required by the
operational demands of its system, or the demands of other utilities*
systasis. Grantor shall coordinate its development of the corridor with
1
Grantee so as to permit dual operation under this agreement, and (S.antor
shall provide notice of any such development to Grantee as soon as
planning by Grantor has reached the point where scheduling and location
of its facilities have been determined. Grantor shall not be deprived
from granting easements, permits or licenses to others rn 114♦ the P roper
ty so long as such use does not unreasonably interfere with the use
granted to Grantee herein.
S. Ownership. Grantor owns the Property in fee and the Grantee is
only acquirin an easement to use the surface of the property and nothing
herein shall In any wcy be eozstrued or deemed to be a grant of any rights
above or under the Property.
9. Cost Reimbursement. In the event Grantee fails to maintain
the Property or perform any other duties or obligations of Grantee under
this agreement, Grantor may, but without obligation to do so, maintain
the Property or perform such duties or obligations and Grantee shall
Immediately reimburse Grantor for all reasonable costs incurred in
connection therewith.
Page I of t
a
JGI� 1
16. Successors. This agreement shall be binding upon and shall
inure to the benetit of the parties hereto, their heirs, executors,
administrators, successors and assigns.
Dated this 10-e- day of
ACCEPTED AND APPROVED KING COUNTY:
Date November 1977
By
Title Xr z
Title V.4L 1)10(i' le X/ 4_10 -Z
PUGET SOUNDER a LlGI C ANY
By
AFT -10 ED AS TO MW LEO'd 's-
`l Page 3 of 4
....._.elrt+y �l
C.srJ �itw
Dl •VDT. -111 lr.Gtu. GJ1F!!G r 17`1.7 -.7L r `f•L•3CP1 r 1►)1,lGl CVnGn V1 uvtu
10. Rost ictions. The use of the recreation trail will be re-
stricted to pe.:estr3an, equestrian, and bicycle use. Camping, camp-
fires, the use of firearms and any other activities that +could oudanger
Grantor's transmission or distributiu,. lines or other facilities or
that are inconsistent with the safe use of the Property will be
prohibited.
ev
o
O
r~
11. Restoration upon Termination. Grantor and Grantee upon any
termination of this easement in accordance with Paragraph 1 hereof
shall mutually agree as to the type of actions necessary to prevent
further use of the trail by the public.
12. Inspection and Sign Placement. Grantee agrees to inspect and
place, at its cost and expanse, warning. directional and cautionary
signs where necessary along the Property prior to allowing public access
to the Property and throughout the term of this agreement,
11. Taxes. Grantee agrees to pay all real and personal property
taxes that shall become due and payable during the term of this agree-
ment which are based on assessments made during the term of this
agreement on or because of improvements which Grantee has placed or
will place upon the Property. Grantee will submit yearly to Grantor
evidence of payment of such taxes. In the avant any of such taxes are
levied directly against Grahtur, Grantor may pay such taxes anJ, upon
receipt from Grantor of billing for any such taxes so paid, Grantee
shall immediately remit all such amounts.
14. Charles Grantee will not charge, collect or receive from
the publics Zee 4l alll kind for the use or enjoyment of the Property.
15. Notices. Any notice or other communication given hereunder
shall be deemed sufficient if in writing and delivered personally to the
addressee, or sent by certified or registered mail, return receipt
requested, addressed as follows. or to such other address as may be
designated by the addressee by f&ri.tca notice to the other party:
to grantor: Puget Sound Power E Light Company
Puget Power building
Bellevue. Washington 98009
ATTN: Manager. Real Estate Division
To Gra.stee Xing County Real Property Division
Room 61S King Co. Administration Building
S00 Fifth Avenue
Seattle. Washington 18101
1977.
ti
1
i�
i
r
i
�i�W�lt
u a bounty Exec »Live
vuv a as
to as known to be i a o nty, as
ington, the pens 'ho stgn;Cthe above fan g instrument for
Xing County fat uses and purposes therein statsd and acknowledged
to me that he signed the same as the free and voluhtary act and deed
Co
,DD of king Coypty and that he was authorized to so sign.
N'av ba i
.0' der *ty and and official seal this lot day of
r
T O
A 1n ,a or the State o
S Washington, residing at Seattle
STATE OF WASHINGTON
COUNTY OF KING ss
On this day personally appeared before me L. E. Ha *.1
to me known to be the vice president of PU d
LIGHT CONPf the corporation that executed the foregoing instry
sent, and aclrnovledged the said instrument to be the free and W1
untary act and deed of said corporation for the uses and pu:psiims i
therein mentioned, and that they were authorized to execute the said.
instrument. Z
GIVEN under my hand and official seal this lat day. If•,
Movember 1977
Y•.••..
NUTARY to a :or tfie 5ta a of
Washington. residing at
EXHIBIT A
v
n
ti
a
That certain strip of land I00 feet in width lying
in the Nest half of Sections 24, 2S and 36, Township
23 North, Range 4 East, M.H., and the West half of
Sections 1, 12, 13, 24, 2S, and 36, Township 22 North,
Range 1 East. M.M., and the Kest half of Sections 1,
12. 13. 24 and 25 and the East half of Sections 26
and 3S, Township 21 North, Range 4 East, M.N., all
is' M-9 County. Washington. (Said strip of land being
known as the Puget Soun3 Electric Railway Right of
Way.)
This le.al description shall be further amended and
refined at a later date to accurately reflect the precise
?ocation of the easement within the above mentioned loo-
fact strip of land.
I
1