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HomeMy WebLinkAbout7805150797 UTILITY EASEMENT 051578S� MRY i � 1 3t; :'�l _ T L--� Z/"5, /Ktr_7// � UTILITIES EASEMENT RECORDED t C R[CftkO� THE GRANTORS, DON RAY KIRKMAN, ALICE MURIEL KIRKMAN, DAVID REINHOLD HENSEL, AND CAROLINE L. HENSEL for and in consideration of ONE DOLLAR ($1.00) and other Q0"I valuable consideration, in hand paid, receipt of which is hereby acknowledged, grants 1C7 and conveys to THE CITY OF AUBURN, The GRANTEE, its successors, heirs, administrators, executors, and assigns, for the purposes hereinafter set forth a perpetual, non- exclusive•utilities easement over, under, and across the following described real property situate in KING County, Washington: The East 280 feet of the North 20 feet and the South 130 feet of the North 150 feet of the East 20 feet of the South 505.74 feet together with the East 280 feet of the South 10 feet: of the North 317.16 feet of the South 505.74 feet of the following described real property: Beginning at a point in Section 7, Township 21 North, Range 5 East, W.M., which is 50 rods (825 feet) West of the Northeast corner of the South hall: of the Donation Land Claim of the Heirs -at -Law of William H. Brannon and his wife, Elizabeth Brannon, both deceased, designated as 'Claim No. 37; thence. South 335.0 feet parallel to the East line of said DLC, to the True Point of Beginning; thence continuing South 664.31 feet; thence South 89050'52" West: 412.50 feet; thence North 812.40 feet, more or less, to a point 188 feet South of the North line of said South half; thence East 230.5 feet; thence South 1.47.0 feet; thence East 182.0 feet to the True Point of Be- ginning, EXCEPT the West 29 feet of the East 1036.0 feet of the South 147.0 feet of the North 335.0 feet of the South half of said William Brannon Donation Land Claim No. 37, and EXCEPT that portion deeded to the City of Auburn by deed recorded under King Coun.ty.Recording No. 614898. r, 4 3 1. 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 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 r of Grantee's underground facilities, Grantor may undertake any ordinary improvements ICf.,�) S to the landscaping of the Right -of -Way, provided that no trees or other plants shall CO Q be placed thereon wh:�ch would be unreasonably expensive or impractical for Grantee to r remove and restore. 2. 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 upon issuance of appropriate permits, 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 construction activity shall be done on the Property which would disturb the compaction or unearth Grantee's facilities on the Easement, or endanger the lateral support of said abuting facilities. 3. Indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold karmless Grantor from any and all claims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein granted; provided, that Grantee ;shall be held harmless for any damages resulting from injuries to any person caused by acts or omissions of Grantor. G. Successors and Assigns. The rights and obligations of the parties shall inure to the hene£it of and be binding upon their respective successors and assigns. -2- f i IN WITNESS WHEREOF, the parties hereon have executed this instrument this 26th day of April, 1978. GRA Gt? 'RANTEE STATE OF WASHINGTON) ss COUNTY OF KING ) On this day personally appeared before me Don Ray Kirkman, Alice Muriel Kirkman, David Reinhold Hensel and Caroline L. Hensel to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. G,iveiz.u, -hand and official seal this 26th day of April, 1978. �N.t�Pb s in and for the State l a of Washington residing at Auburn. r -3- A Ai MAY 15 1 34 PM '701 UTILITIES EASEMENT RECORDED KC RECORDS THE GRANTORS, DON RAY KIRKMAN, ALICE MURIEL KIRKMAN, DAVID REINHOLD HENSEL, AND CAROLINE L. HENSEL for and in consideration of ONE DOLLAR ($1.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, grants and conveys to THE CITY OF AUBURN, The GRANTEE, its successors, heirs, administrators, d executors, and assigns, for the purposes hereinafter set forth a perpetual, non- exclusive utilities easement over, under, and across the following described real property situate in KING County, Washington: The East 280 feet of the North 20 feet and the South 130 feet of the North 150 feet of the East 20 feet of the South 505.74 feet together with the East 280 feet of the South 10 feet of the North 317.16 feet of the South 505.74 feet of the following described real property: Beginning at a point in`>Secct4i�o� 7, Township 21 North, Range 5 East, W.M., which is 50 rods (825 feet) West of the Northeast corner of the South half of the Donation Land Claim of the Heirs -at -Law of William H. Brannon and his wife, Elizabeth Brannon, both deceased, designated as Claim No. 37; thence South 335.0 feet parallel to the East line of said DLC, to the True Point of Beginning; thence continuing South 664.31 feet; thence South 89050'52" West 412.50 feet; thence North 812.40 feet, more or less, to a point 188 feet South of the North line of said South half; thence East 230.5 feet; thence South 147.0 feet; thence East 182.0 feet to the True Point of Be- ginning, EXCEPT the West 29 feet of the East 1036.0 feet of the South 147.0 feet of the North 335.0 feet of the South half of said William Brannon Donation Land Claim No. 37, and EXCEPT that portion deeded to the City of Auburn by deed recorded under King CountyiRecording No. 614898. 1 % EXC19E TAX NOT REQL:i�ED King Co. Reccras Division C. .11 1. 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 provided, that following any such work, Grantee shall, to the extent reasonably practicable, restore the Right -of -Way n to the condition it was immediately prior to such work. Following the installation ON 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 W) C be placed thereon which would be unreasonably expensive or impractical for Grantee to Co remove and restore. 2. 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 upon issuance of appropriate permits, 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 construction activity shall be done on the Property which would disturb the compaction or unearth Grantee's facilities on the Easement, or endanger the lateral support of said abuting facilities. 3. Indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein granted; provided, that Grantee shall be held harmless for any damages resulting from injuries to any person caused by acts or omissions of Grantor. 4. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. -2- IN WITNESS WHERE0F, the parties hereon have executed this instrument this 26th day of April, 1978. GRA 1 'RANTEE: STATE OF WASHINGTON) r ) ss COUNTY OF KING ) On this day personally appeared before me Don Ray Kirkman, Alice Muriel Kirkman, David Reinhold Hensel and Caroline L. Hensel to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. Gi'i�, uei :my, hand and official seal this 26th day of April, 1978. :_ ` t N• 7' Not y Pub is in and for the State Z. of Washington residing at Auburn. of .., r -3- CD LE' D CD 0 . .. ........... .. ame ................................... ........ ..... ...... 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