HomeMy WebLinkAbout1974 - Sewer Easement - Puget Sound Power and Light Company - 74012503147401250314
SEWER EASEMENT
THIS INDENTURE made this 7 day of --r 1973, between PUGET SOUND
POWER LIGHT COMPANY, a Washington corporation "Grantor" herein), and the CITY OF
TUKWILA, a Municipal corporation of King County "Grantee" herein);
WITNESSETH:
That in consideration of Ten Dollars ($10.00) and other good and valuable
consideration in hand paid, receipt of which is hereby acknowledged, and the
performance by Grantee of the covenants hereinafter set forth, Grantor hereby
grants unto Grantee a perpetual easement to construct, operate, repair and main-
tain sewer lines at three locations over and across and under that certain 100
foot strip of land in Section 24 Township 23 North, Range 4 "East, situate
CV in King County, Washington, owned by the Grantor and commonly referred to as the
CD Puget Sound Electric Railway right of way, consisting of a single line of pipe
or conduit not to exceed twelve (12) inches inside diameter at each location.
The three (3) locations are more particularly described on Exhibit "A" attached
hereto and by this reference made a part of this easement.
1. Said facility shall be buried at least five (5) feet below the natural
surface of the ground at all points, and Grantee agrees to install and maintain
substantial permanent markers at both ends of said facility on the right of way
hereby granted sufficient to give notice to all persons of the location of
Grantee's buried facility.
2. Grantee agrees to save and hold Grantor harmless from all loss or damage
which may be due to the exercise by Grantee of the rights herein granted, and
from all claims for such damage by whomsoever made, and to indemnify Grantor for
all such loss, damage and claims.
3. Grantor shall not be liable for any loss or damages to Grantee's facil-
ities resulting from Grantor's use of the lands encumbered by this easement
unless such loss or damage is due to negligent act or omission of Grantor.
4. Grantor reserves the right to develop and use the lands encumbered by
this easement for any purpose not inconsistent with the rights granted herein.
Without limiting the generality of the foregoing, Grantor reserves the right at
any time and from time to time to construct or reconstruct electric lines (whether
AC or DC; whether now existing or hereafter to be constructed) on lands adjacent to
this easement in such manner that wires and other related structures may overhang
or project into the air over, along and across the lands encumbered by this easement.
Grantor reserves the right to construct buildings over said easement upon securing
the consent of Grantee, which consent Grantee agrees shall not be unreasonably
withheld.
5. Grantor reserves the right to grant access rights to others along or
across the lands encumbered by this easement and to grant any other right which
is not inconsistent with the rights herein granted to Grantee.
6. Grantee agrees to provide adequate drainage to prevent any backup of
surface water over Grantor's right of- way. or adjacent -land which..may result-from
Grantee's exercise of said easement:'
7. Grantee agrees that it shall at its sole cost and expense, replace or
restore to its improved condition any existing or future improvements which are
damaged or destroyed as the result of Grantee's exercise of its rights.
8. Grantee agrees that should there by any material excavated from Grantor's
property which is in excess of the amount required to restore the surface to its
original grade, such excess material shall be removed at Grantee's expense.
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9. 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.
10. The rights and obligations of the parties shall inure to the benefit of
and be binding upon their respective successors and assigns.
11. The rights hereby granted shall cease and determine whenever Grantee
shall have permanently abandoned the use of its facilities accommodated by this
easement.
ACCEPTED:
CITY OF TUKWILA
By
J I
PUGET SOUND POWER LIGHT COMPANY
BY
Lesl A. Donner
Manager, Real Estate Division
STATE OF WASHINGTON
)SS.
COUNTY OF KING
On this day of k -t 1973, before me the undersigned personally
appeared LESLIE A. DONNER, to me known to be the Manager, Real Estate Division, of
PUGET SOUND POWER LIGHT COMPANY, the corporation that executed the 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 he is authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
y Nota% Public in and'id State of Washington,
Residing at
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EXHIBIT "A"
1. (a) Permanent 10 -foot easement.
A strip of land 10 feet in width, having 5 feet of such width on each side
of a centerline described as follows:
Beginning at the intersection of the east margin of said Puget Sound
Electric Railroad right of way and the north margin of an easement for
road purposes referred to under Auditor's File No. 3480349, records of
King County, Washington; thence N 87 13'29" E. 28.83 feet; thence
N 01 0 24 1 13" W. 352 feet; thence N 08 24 1 13" W. 265 feet; thence N 28 38'
24" W. 140 feet; thence S 66 21 1 36" W. 40.76 feet, more or less, to the
easterly line of said Puget Sound Electric Railway right of way; thence
southeasterly along said easterly line 2 -1/2 feet to the beginning of the
herein described centerline; thence S 66 21 1 36" W. 100 feet, more or less,
to a point on the westerly line of said right of way and the terminus of
said centerline.
P_ (b) Temporary 30 -foot Construction Easement.
A strip of land 30 feet in width having 15 feet of such width on each side
of the centerline described in paragraph 1 (a) above.
2. (a) Permanent 5 -foot Easement.
A strip of land 5 feet in width having 2 -1/2 feet of such width on each
side of a centerline described as follows:
Beginning at a point within the Henry Meader Donation Claim No. 46 in
Section 24, Township 23 North, Range 4 East, W.M., said point being the
intersection of the south line of a road commonly known as South 158th
Street and the westerly line of Puget Sound Electric Railway right of
way; thence northerly along said westerly line 2 -1/2 feet to the begin-
ning of the herein described centerline; thence easterly along a line
parallel with the prolongation of the said south line of South 158th
Street, 100 feet, more or less, to a point on the easterly line of
said right of way and the terminus of said centerline.
(b) Temporary 15 -foot Easement.
A strip of land 15 feet in width having 2 -1/2 feet of such width on the
northerly side and 12 -1/2 feet on the southerly side of the centerline described
in paragraph 2 (a) above.
3. (a) Permanent 10 -foot Easement.
A strip of land 10 feet in width having 5 feet of such width on each side
of the centerline described asp follows:
Beginning at a point within the Henry Meader Donation Claim No. 46 in
Section 24, Township 23 North, Range 4 East, W.M., said point being the
intersection of the south line of a road commonly known as South 158th
Street and the westerly line of the Puget Sound Electric Railway right
of way; thence southerly along said westerly line 762 feet to the begin-
ning of the herein described centerline; thence easterly at right angles
to said westerly line to a point on the easterly line of said right of
way and the terminus of said centerline.
(b) Temporary 30 -foot Easement.
A strip of land 30 feet in width having 15 feet of such width on each
side of the centerline described in paragraph 3 (a) above.
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