HomeMy WebLinkAbout6073341 SEWER EASEMENT 072666EASEMENT
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THIS INDENTURE made this day of 0. Z 1 1966, between
PUGET SOUND POWER & LIGHT COMP NY-, a Washington rpora herein called "Grantor",
and the CITY OF AUBURN, a municipal corporation (6f King County, State of Washington,
herein called "Grantee",
T-i WITNESSETH:
qtv That in consideration of the sum of One Dollar ($1.00) and other valuable
consideration, receipt of which is hereby acknowledged, and the performance by
Grantee of the covenants hereinafter set forth, Grantor hereby grants unto Grantee,
without warranty of any kind, a right of way as hereinafter described, for the con-
struction, maintenance and operation of a sewer pipe line within and across the
following described land situated in the County of King, State of Washington, to-wit:
That portion of the right of way of the Seattle-Tacoma Interurban
Railway Company which lies between the south line of the Northwest
1/4 of Section 24, Township 21 North, Range 4 East, W.M., and the
north line of South 300th Street, in the Southeast 1/4 of Section 1,
Township 21 North, Range 4 East, W.M., more particularly described as
follows:
A. Interceptor Sewer Crossing
This permanent easement consists of a 20-foot wide strip across
the Seattle-Tacoma Interurban Railway Company right of way, located
in the Southeast l-/4 of the Northwest 1/4 of Section 12, Township 21
North, Range 4 East, W.M., described as follows:
The northerly 20 feet of that portion of the Southeast 1/4„
of the Northwest 1/4 of said Section 12 which lies within
the said Interurban right of way.
B. Interceptor Sewer Crossing
This permanent easement consists of a 20-foot wide strip across
the Seattle-Tacoma Interurban Railway Company right of way, located
in the Northeast 1/4 of the Northwest 1/4 of Section 13, Township 21
North, Range 4 East, W.M., the centerline of which is described as
follows.
Beginning at the northeast corner of the Northwest 1/4 of said
Section 13; thence south 903 feet along the east line of the
Northwest 1/4 of said Section 13 to the true point of beginning;
thence N 76°30' west 97.5 feet, more or less, across the right of
way of the Seattle-Tacoma Interurban Railway Company to the
westerly margin thereof.
C. Interceptor Sewer Crossing
This permanent easement consists of a 20-foot wide strip across
the Seattle-Tacoma Interurban Railway Company right of way located
in the Southeast 1/4 of the Northwest 1/4 of Section 24, Township 21
North, Range 4 East, W.M., which is described as follows:
Beginning at the intersection of the centerline of 15th Street
S. W. and C Street S.W.; thence northerly at right angles to
said center line 40 feet; thence westerly parallel to said center
line 11820 feet, more or less, to the easterly margin of the Seattle-
Tacoma Interurban Railway Company right of way and the true point of
beginning; thence westerly parallel to the westerly extension of said
center line 103 feet, more or less, to the westerly margin of said Inter-
urban right of way.
D. Interceptor Sewer Paralleling the'Interurban Right of Way Between
Main Street and 15th Street S. W.
This permanent easement consists of the westerly 20 feet of the
East 1/2 of the East 1/2 of the East 1/2 of the Northeast 1/4 of the
Southwest 1/4 of Section 13, Township 21 North, Range 4 East, W.M.,
King County, Washington; Less the north 30 feet thereof;
TOGETHER WITH:
~ The southerly 40 feet of the
M East 1/2 of the Northeast 1/4 of
et Less the easterly 93.4 feet;
P-
~z TOGETHER WITH:
to
East 1/2 of the East 1/2 of the
the Southwest 1/4 of said Section 13;
a five-foot W) wide easement, the center line being defined as
follows: Beginning at the southeast corner of the Northeast 1/4 of
the Southwest 1/4 of said Section 13; thence westerly along the south
line of the Northeast 1/4 of the Southwest 1/4 of said Section 13, 95.9
feet, more or less, to a point 2.5 feet easterly of the west margin of
the Interurban right of way and the true point of beginning; thence
south along a line 2.5 feet easterly of the west margin of the Interurban
right of way 290 feet; thence S 49' east 109 feet; thence south 158 feet;
thence south 45' west 115 feet, more or less, to a point 2.5 feet easterly
of the west margin of the Interurban right of way; thence southerly along
a line 2.5 feet easterly of the west margin of the Interurban right of way
to the westerly extension of the south margin of 15th Street S.W. i.n the
Southeast 1/4 of the Northwest 1/4 of Section 24.
E. Interceptor Sewer Paralleling the Interurban Right of Way Between
4th Street N. W. and 24th Street N. W.
This permanent easement consists of the westerly 5 feet of the
Seattle-Tacoma Interurban Railway Company right of way between the
north line of the Southeast 1/4 of the Northwest 1/4 of Section 12,
Township 21 North, Range 4 East, W.M., and the south line of the North-
east 1/4 of the Northwest 1/4 of Section 13, Township 21 North, Range
4 East, W.M.; Less that portion of said subdivision lying south of
Interceptor Sewer Crossing described in paragraph ':'B".
These easements are granted on the following terms and conditions:
1. Said facility shall consist of a single line of pipe to be constructed
entirely below the natural surface of the ground at all points. Grantee agrees
to install and maintain substantial permanent markers at appropriate places on the
right of way hereby granted sufficient to give notice to all persons of the location
of Grantee's buried facility.
2. Grantee shall have reasonable right of ingress and egress over adjacent
lands of Grantor in order to exercise the rights herein granted, and may use the
adjacent lands for construction or maintenance of said pipe line.
3. Grantee agrees fully to indemnify Grantor and save and defend and hold
Grantor harmless against and from all claims, costs, expenses, damages, losses and
liabilities or any of them in any way connected with the right of way herein granted
by Grantor.
4. Grantee hereby assumes all risk of loss or damage including damage or
injury to persons or property, which may be suffered by Grantee resulting from
Grantor's use of said land and- any of its equipment thereon, except damage or
injury which is the proximate result of negligence of Grantor, its servants or
agents.
5. The right hereby granted shall cease and determine whenever Grantee shall
have permanently abandoned the use of said facility and upon such abandonment
Grantee shall remove its facility and restore the premises to as good a condition
as they were in prior to the construction of said facility.
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6• Grantee agrees to pay any and all taxes assessed against its said
facility and shall reimburse Grantor for any increase in taxes payable by Grantor
which is based upon an increase in land valuation occasioned by the installation
and maintenance of Grantee's said facility.
7. Grantee agrees to install said pipe line in such a manner so as not to
interfere with towers, guys or any other facilities of Grantor. Grantee further
'P1 agrees that prior to installation of any portion of said pipe line system, it will
co-ordinate the exact location of such portion with Grantor.
CIO 8. 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 exi.sting 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.
9. 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 notinconsistent. with the rights
herein granted to Grantee,
10, If the Grantee, its successors or assigns makes an excavation in the
Grantor's property, it shall without delay restore the surface as nearly as
practicable to the same condition as it was in before the doing of such work,
11. No. assignment of the privileges and benefits accruing to the Grantee
hereunder, by operation of law or otherwise, shall be valid without the prior
written consent of the Grantor.
12. Within six months after installation of said pipe line, Grantee shall
prepare and submit to Grantor a final location drawing, showing in detail the
actual alignment of the pipe line as constructed.
IN WITNESS WHEREOF; this instrument has been executed by the parties as of
the day and year first above written.
a •"rf
Attest: , M04~
Secr y
Attes :
City Clerk
PUGET SOUND POWER & LIGHT COMPANY
Manager-Distribution
Grantor
CITY OF AUBURN s n
006. 0006
0
By 0 1 1.
Mayor
;e
Grantee °
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,
STATE OF WASHINGTON)
1 ss
COUNTY OF KING
On this day of , 1966, before me, the undersigned,
personally appeared H. G. CARTER and C. B. SCHOEGGL, to me known to be the Manager-
Distribution and Secretary, respectively, of PUGET SOUND POWER & LIGHT COMPANY, the
corporation that executed the foregoing instrument, and acknowledged the said instru-
ment to be 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
the said instrument and that the seal affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above
written.
'U
' C: `
J&D .
Notary 1 c i n and for the State of ,W~.sh i ngrton-,
residing at
f,~
T' ~qlliiSt OI Jy a
Return to:
R rt (A. Smythe, City Attorney
C fetj f..At*urn
20 ..A.. Street N. V'J.
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