HomeMy WebLinkAboutRes 0746 - Easement for Underground Electric System for Irrigation at Foster Golf CourseCOUNCIL ACTION'
O F TUKWIL►
of this facility.
Approved as to Form
WASHINGTON
RESOLUTION NO. 746
A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON,
AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT WITH
PUGET POWER.
WHEREAS, a 3 phase power system is required to operate the pump
for the Foster Golf Links irrigation system, and
WHEREAS, an underground easement is necessary for the installation
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO RESOLVE AS FOLLOWS:
The Mayor is hereby authorized to execute an easement with
Puget Power for the installation of an underground electric
system to furnish power to the irrigation system at Foster
Golf Links.
Said agreement is attached and made a part of this resolution.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA. WASHINGTON,
at a regular meeting thereof this day of A��f� 1980.
ATTEST:
Deputy City Attor ey, Carl J. Carlson
Ma or
Cit�i CI erk
1 I I
8007030480
PUGET EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM
POWER
CITY OF TUKWILA,
"Grantor" herein), grants, conveys and warrants to PUGET SOUND POWER LIGHT COMPANY, a Washington cor-
poration "Grantee" herein), for the purposes hereinafter set forth a perpetual easement under, across and over the fol-
lowing described real property (the "Property" herein) Kinq County, Washington.
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
Q) Sound Electric Railway right of way and south of the
northerly margin of Foster Street, produced easterly.
O
fo
0
e`
0
O
9a
o Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right-
of Way" herein) described as follows:
m A Right -of -Way 1-0 feet in width having 5 feet of such width on each side of a center-
s line described as follows:
The centerline of Grantee's facilities as constructed
or to be constructed, extended or relocated, lying
within the south 180 feet of the above described
property.
1. Purpose. Grantee shall 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 following: underground conduits, cables, communication
lines; vaults, manholes, switches, and transformers; and semi buried or ground mounted facilities. Following the initial con-
struction of its facilities, Grantee may from time to time construct such additional facilities as it may require.
2. Access. Grantee shall have the right of access to the Right -of -Way 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.
3. Obstructions; Landscaping. Grantee may from time to time remove trees, bushes, or other obstructions within the Right
of -Way and may level and grade the Right -of -Way to the extent reasonably necessary to carry out the purposes set forth in
paragraph 1 hereof, provided, that following any such work, Grantee shall, to the extent reasonably practicable, restore the
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 Right -of -Way, provided that no trees or
other plants shall be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and
restore.
4. Grantor's Use of Right -of -Way. Grantor reserves the right to use the Right -of -Way for any purpose not inconsistent with
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 granted; that no digging, tunneling or other form of con-
struction activity shall be done on the Property which would disturb the compaction or unearth Grantee's facilities on the
Right -of -Way, or endanger the lateral support to said facilities; and that no blasting shall be done within 15 feet of the Right -of-
Way.
5. Indemnity. By accepting and recording this easement, 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 rights
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.
6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right -Way for a
period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Gran-
tor, provided that abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its
facilities, on.the'Right -of -Way within any period of dme from the date hereof.
7. 'Succe'ssors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their
resp66tiib silccessors and assigns.
z =1318
J%44
348.328
#788.37 1 -79 23455&56
DATED this r'7 day of
STATE OF WASHINGTON
SS
COUNTY OF
CITY OF TUKWILA
y=
GIVEN under my hand and official seal this
STATE OF WASHINGTON
SS
COUNTY OF
GRANTOR
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.
day of
Notary Public in and for the State of Washington,
residing at
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.
GIVEN under my hand and official seal this
STATE OF WASHINGTON
SS
COUNTY OF
day of
Notary Public in and for the State of Washington,
residing at
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.
GIVEN under my hand and official seal this
STATE OF WASHINGTON
SS
COUNTY OF King
On this day of
to me known to be the Ma_u o r
CITY OF TUKWILA
and acknowledged the said instrument to be the free and
mentioned, and on oath stated that 1-J
seal affixed is the corporate seal of said corporation.
day of
Notary Public in and for the State of Washington,
residing at
,1910
and
and
Witness my hand and official seal hereto affixed the day and year first above written.
,16,1 �l r
Notary Public i n ad for Statepf Washington.
residing at
,19
,19
19
,19
CORPORATE ACKNOWLEDGMENT
before me. the undersigned, personally appeared
respectively, of
the corporation that executed the foregoing instrument,
voluntary act and deed of said corporation, for the uses and purposes therein
/S authorized to execute the said instrument and that the
Map