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HomeMy WebLinkAbout7805150798 UTILITY EASEMENT 0515787 AO {SAY i i i ;x v -s NT7 UTILITIES EASEMENT RECORDED hC RECU4t;_, THE GRANTORS, DON RAY KIRKMAN, ALICE MURIEL KIRKMAN, DAVID REINHOLD HENSEL, AND CAROLINE L. HENS`L 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, executors, and assigns, for the purposes hereinafter set forth a perpetual, non- (� exclusive utilities :asement over, under, and across the following described C? ` i real property situate in KING County, Washington: The East 20 feet of the North 158.57 feet of the South 664.31 of thefollowing 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 L 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 Beginning, 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 County Recording No. 614898. 1% EXCISE �f ` r� ,.�D V �I�rylU ij L'1:1.1u By .....fir a:......G:.....k y rt....... r 37 { 'r 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 extant 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 of Grantee's underground facilities, Grantor may undertake any ordinary improvements to the landscaping cf the Right -of -Way, provided that no trees or otherplants shall e 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 Rigt-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 m other structure on the Right -of -Way which would interfere a 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 Asupport of said abuting facilities. i 1 3. Indemnity. By accepting and recording this easement, Granteeagrees 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; jprovided, that Grantee shall be held harmless for any damages resulting from injuries Al to any person caused by acts or omissions of Grantor. 13 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. Y -2- 4 IN WITNESS WTiEREOJ�, the parties hereton have executed this instrument this 26th day of April, 1978. GRANTOR: STATE OF WASHINGTON) ss COUNTY OF KING ) MEE: On this day 1:)ersonally 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. Given under my hand and official seal this 26th day of April, 1978. "it ;�� �.'d!• NotarV Public in and for the State of Washington residing at Auburn. UTILITIES EASEMENT -RECORDED KC REC(RI)S 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, executors, and assigns, for the purposes hereinafter set forth a perpetual, non- l� exclusive utilities easement over, under, and across the following described real property situate in KING County, Washington: The East 20 feet of the North 158.57 feet of the South 664.31 of thefollowing -..� v`✓ �=,� described real property: Beginning at a point ins im>ect�ioii, 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 Beginning, 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 County Recording No. 614898. 1% EXCISE T!'OK NO j'1,EQ-U1F1%iU .King Co. Rercr. +,jvision By .....9'.:. � '....... , D ePut� 10 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 of Grantee's underground facilities, Grantor may undertake any ordinary improvements to the landscaping of the Right -of -Way, provided that no trees or otherplants shall be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and restore. 2. Grantor's Use of Right -of -Way. Grantor reserves the right to use the Rigt-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, Granteeagrees 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- U) O U) IN WITNESS WHEREOIF� the parties•hereton have executed this instrument this 26th day of April, 1978. GRANTOR: STATE OF WASHINGTON) ) ss COUNTY OF KING ) MEE : 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. Given under my hand and official seal this 26th day of April, 1978. -BYO ` 1 Nota Public in and for the State of „' �e�1FS♦• ' . `�� `{r Washington residing at Auburn. 'j 1