HomeMy WebLinkAbout7104070266 UTILITY EASEMENT 040771E A S E M E N T
TI INDENTURE made this •7 day of �� , 1970, between PUGET
SOUND POWER $ LIGI-ff COMPANY, a Washington corporation, herein called "Grantor", and
the CITY OF AUBURN, a municipal corporation, herein called "Grantee",
WITNESSETH:
1J 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 here-
inafter set forth, Grantor hereby grants unto Grantee, without warranty of any kind,
a permanent easement for road and utility purposes over, upon and under the Puget
Sound Electric Railway 100-foot wide right of way in the City of Auburn, King County,
Washington, said easement described as follows:
That portion of said Puget Sound Electric Railway right of way in 5ecti:on.
12,Township 21 North, Range 4 East, W.M., being 130 feet north and 130
feet south of the East-West center line of said Section 12, said center
line also being the center line of 15th Street N.E. as established by the
City of Auburn.
This easement is granted on the following terms and conditions:
1. 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.
2. The right hereby granted shall cease and determine whenever Grantee shall
have permanently abandoned the use of said facility.
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3. Grantor reserves the right to use said premises for its own purposes in
any way. Without limiting the generality of the foregoing, Grantor reserves the
right at any time and from time to time to construct or reconstruct electric lines
(whether AC or DC; whether now existing or hereafter to be constructed) and related \
structures, or rapid transit and related facilities, upon the premises. If Grantor's
use necessarily damages Grantee's facilities, Grantee shall have no claim or right
of reimbursement against Grantor for such damage.
4. Grantor reserves the right to grant rights in the premises to other persons
provided such rights so granted are not inconsistent with the rights herein granted
to Grantee; provided, however, that Grantor may grant to any such person a right of
access across any part of said premises. If the exercise of rights so granted
damages Grantee's facilities, Grantee shall have no claim or right of reimbursement
against Grantor for such damage, so long as the subject damage was caused or created
in the exercise of a right given by Grantor which was not inconsistent with the rights
herein granted to Grantee.
5. Grantee agrees to provide adgluate drainage to prevent any backup of
surface water over Grantor's right of way or adjacent land which may result from
Grantee's exercise of said easement.
6. It is understood and agreed that this is a portion of a transmission right
of way of the Company and that if any of the present or future facilities of the
Company should have to be relocated, altered or removed from within the right of
way, by order of the City, its successors or assigns, all costs of such alteration,
relocation or removal shall be borne by the City, its successors or assigns.
7. The location of said right of way is shown on map dated June 23, 1970,
prepared by Lewis -Redford Engineers, copy of which is attached hereto and by this
reference made a part hereof.
)t i 41f
IN WITNESS WHEREOF, this instrument has been executed by the parties hereto as
of the day and year first above written.
,r PUGET SOUND POWER $ LIGHT COMPANY
O B o
Donner,
Lesl ager
Real Estate Division
Attes GRANTOR
'94a
Secreta
CITY OF AUBURN
J`RA rF1.'�1.
GRANTEE
""n ig INASHINYTON )
o)SS
..p,F�` w )
day of �A 197V, before me personally appeared
LESLIE'].` ° I2 an C. B. SCH E L, to me mown to be the Manager, Real Estate Division,
and Secretary, respectively, of PUGET SOUND POWER & LIGHT COMPANY, the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to t
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 instru-
ment, and that the seal affixed is the corporate,. seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
�Z,
Notary Public in_431il,
for the State of
residing at�
Washington,
.'SAW SNp�,J,;;,
roy ...........
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