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HomeMy WebLinkAboutPuget Sound Energy . • e ~ _ 2u- 0 9 '"~~'...e~►c.c~'~' i ~ ~ 1 . CONF4RMED COPY RETURN ADDRESS: Puget Sound Energy, Inc. Attention: _RIW Department 20090129000408 - PO Box 90868, EST-06W PUGET SOUND EN EAS 43.00 Bellevue, WA 98009-9$68 PAGE001 OF 002 01/29I2009 09:45 KING COUNTY, WA -~..EASEMENT REFERENCE . CITY OF AUBURN GRAU i EE: PUGET SOUND ENERGY, INC. ' SHORT LEGAL: NE'/< Sec. 13, Twp, 21N, Rg. 04E, W.M. ASSESSOR'S PROPERTY TAX PARCELS: 789520-0060 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF AUBURN, a municipal corporation of the State of Washington limited liability company, ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a• nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" Nerein) in KING County, Washington: LOTS 1 THROCIGH 4 AND LOTS 5 THROUGH 8, BLOCK 1, FIRST ADDITION TO SLAUGHTER, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, AT PAGE 84, RECORDS OF KING COUNTY, WASHINGTON, TOGETHER WITH ADJOINING ALLEY, VACATED UNDER CITY OF AUBURN ORDINANCE NUMBER 3159 AND RECORDED UNDER KtNG COUNTY RECORDING NUMBER 7703240579; EXCEPT THAT PORTION OF LOT 4, BLOCK 1, FIRST ADDI710N 70 SLAUGHTER, RECORDED IN VOLUME 2 OF PLATS, AT PAGE 84, DEDICATED AS PUBLIC R1GHT OF WAY AND RECORDED UNDER RECORDING NUMBER 20070619000372, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: THE NORTH 22 FEET OF THE EAST 35 FEET; AND THE SOUTH 15 FEET OF THE NORTH 110 FEET OF THE EAST 8 FEET OF THE ABOVE-DESCRIBED REAL. PROPERTY; EXGEPT ?HOSE PORTiOFiS OP THE PROPERTY OCCUPIED BY EXISTING BUILDING FOOTINGS, FOUNDATIONS, AND10R SUBSURFACE STRUCTURES. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utiliry systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cabies and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachmenfs arxi any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right #o use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or.maintain any buildings, structures or other objects on the Easement Area and Grantar sha!l de ne h[asting wit""n 300 feec o; Grantee's fai;ifities wifhout Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. Page 1 of 2. WO# 185008769 / RW-071781 ' N#10866249 U-Map 2104E049 ses .t . , i ~ e City of Auburn + WO# 185008769 / RW-071781 N#10866249 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shail terminate and all rights hereunder, and any improvements remaining in the Easement,Area, shall revert to or otherwise become the property . of Grantor; provided, however, that no abandonment shali be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shali have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2009. GRANT : CITY O-AUBURN iei al corporation . of the S te ingt ~ BY: TITLE: APPR E S T F BY: TITLE; ATTEST: BY: TITLE: / STATE OF WASHINGTON ) )SS COUNTYOF KING ~ On this ,Z6~ day o , 2009 before me, the undersi ed, a Notary Public jn and for the ate of Washingto uly c missioned ind sworn, personaily appeared o„ ~ Il{d ' ~"~C ~ gti.~r c7-l•.1,~ to me known to be the~,../'/`;,n~,,~~ and of the CITY OF AUBURN, the icipal corporatior(~lthat executed the within and foregoin 'nstrument, and acknowledged said instrument to b free and voluntary act and deed and the free and volunta~ act nd deed of the CITY OF AUBURN, for the uses and purposes therein mentioned; and on oath stated that~l+ ~/~~&thorized to execute the said instrument on behalf of said CITY OF AUBURN. -d- IN WITNESS WHEREQhereunto set my hand and official seal the day and year firpt above written. AR6 i _ Q,~ p N Ey.or, iti ~ ra~. 4~ i 101! 'Z: E'i I V A. F?ICI-~r4RDSON C-) :5n: pve~~ 't,== ( Print or stamp name of Notary) y~~~,rT q j`IETI0~ N O T A R Y P I C i n d f o r t h e S ta fe o f Was hington, residing at Notary seal, taxt and all notations musf be My appointment expires ~ Page 2 of 2