HomeMy WebLinkAbout1973 - Easement Correction - Puget Sound Power and Light Company - 73060805307306080530 CORRECTION,'
E A S E M E N T
THIS INDENTURE, made this _rqD day of ".A V 19T3, between
PUGET SOUND POWER F LIGHT COMPANY, a Washington corporation, herein called "Grantor and
the CITY OF TUKWILA, herein called "Grantee
WITNESSETH:
That in consideration of the sum of One Dollar ($1.00) 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, without warranty of any kind, a right of way
not exceeding 15 feet in width, hereinafter described, for the construction, maintenance
and operation of the following described service facility:
This easement is recorded to correct the legal description as described in easement
dated April 26, 1968, recorded May 6, 1968, under Auditors File No. 6343856, records of
King County, Washington.
Utility mains and lines with necessary appurtenances within and across the
following described land situated in the County of King, State of Washington, to -wit:
A fifteen foot,wide strip of land described as the east 15 feet of the
CD following described tract:
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That portion of the Northwest 1/4 of Section 26, Township 23 North,
co Range 4 East, W.M., lying between Primary State Hi&_.way Number 1 and
CD South Center Parkway, described as follows:
CD Commencing at the southwest corner of said subdivision; thence.
r— South 89 21 1 31" East along the south line thereof 1961.64 feet to the
west margin of 57th Avenue South (Mess Bros. Road); thence north
00 °09 West along said west margin a distance of 400.00 feet;
Thence North 89 21'31" West a distance of 6.00 feet to the west margin
of 57th Avenue South as widened by deed from Southcenter Corporation to
City of Tukwila, and the true point of beginning; thence continuing
North 89 21 1 31" West a distance of 160.98 feet to the easterly margin of
Primary State Highway Number 1, as condemned in United States District
Court Cause No. 6010;
Thence North 12 46 1 41" East along said easterly margin a distance of
9.48 feet to an angle point therein;
Thence North 23 31 1 36" west along said easterly margin-a distance of
129.77 feet;
Thence around a curve to the left the center of which bears
North 78 °43 West, having a central angle of 00 41 1 54" an arc distance
of 73.49 feet;
Thence south 89 21 1 31" East a distance of 194.73 feet to the
west margin of 57th Avenue South;
Thence South 00 34 1 46" East along said margin as widened a distance
of 200.00 feet to the true point of beginning;
This easement is granted on the following terms and conditions:
1. Said Grantee shall have the right, without prior institution of any suit
or proceeding at law, at such times as may be necessary to enter upon said property
for the purpose of constructing, repairing, altering or reconstructing utility lines or
mains or making any connections therewith, without incurring any legal obligation or
liability therefore, provided that such constructing, repairing, altering or reconstruction
of such utility lines or mains shall be accomplished in such a manner that the electri-
cal underground facilities of the Grantor, fences, lawn, shrubbery, drives and walkways
and land contours existing in the right of way shall not be disturbed or destroyed, or
in the event that they are disturbed or destroyed, they will be replaced in as good a
condition as they were immediately before the property was entered upon by the Grantee.
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 right 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 reserves the right to use said land for its own purposes in any
way, and to grant rights in said land to others, not inconsistent with the right herein
granted to Grantee, and Grantee hereby assumes all risk of loss or damage,. including
damage or injury to persons or to property, which may be suffered by Grantee resulting
from Grantors use of said land and any of its equipment thereon, whether said damage
or injury be due to the negligence of Grantor, its servants or agents, or o-thenlise.
4. The right hereby granted shall cease and determine whenever Grantee shall
have permanently abandoned the use of said facility and upon such abandonment Grantee
shall remove its facility and restore the premises to as good a condition as they were
prior to the e6nstruction of said facility.
S. If the Grantee, its successors or assigns makes an excavation in the
Grantor's property, it shall without delay restore the surface as nearly as practi-
cable to the same condition as it was in before the doing of such work.
6. This easement shall be a covenant running with the land and shall be
binding on the successors, heirs and assigns of both parties hereto.
IN WITNESS WHEREOF, This instrument has been executed by the parties hereto
as of the day and year first above written.
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CITY OF TUKWILA
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PUGET SOUND POWER LIGHT COMPANY
By
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GRANTOR
On this day of 1973, before me 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 within and
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 they were authorized to execute said instrument and that the
seal affixed is the corporate seal of said corporation. LQ
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.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
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