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HomeMy WebLinkAbout6702933 SLOPE EASEMENT 092370E A S E M E N T VOL 493 ?acr X35 THIS INDENTURE made this :v 3,_,J day of , 1970, between PUGET SOUND POWER & LIGHT COMPANY, a Washi ton corporation, herein called "Grantor", and the CITY OF AUBURN, a municipal corporation, herein called "Grantee", WITNESSE711: That in consideration of the sum of One Dollar ($1.00) in hand paid, e,,) receipt of which is hereby acknowledged, and the performance by Grantee of 011 the covenants hereinafter set forth, Grantor hereby grants unto Grantee, CV © without warranty of any kind, a permanent slope easement over, upon and under the Puget Sound Electric Railway right of way for improvements on West Main Street in the City of Auburn, King County, Washington, said ease- ment described as follows: The south 10 feet of the north 40 feet of the following legally des- cribed property: The east 165.92 feet of the East 1/4 of the Northeast 1/4 of the Southwest 1/4 of rSe,;tyi~onllk3tTownship 21 North, Range 4 East, W.M.; ALSO, the north 5 feet of the south 35 feet of the east 94 feet of the Southeast 1/4 of the Northwest 1/4 of Section 13, Township 21 North, Range 4 East, W.M. 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 or Grantor, its successors or assigns, brings the lands herein described to the grade of Grantee's nearest pavement. 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 con- structed, 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 adequate 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. von 4:.,3 PAGE 336 r•~ 1• r 7. Grantee agrees to reconstruct Grantor's patrol road access over said slope easement. IN WITNESS WHEREOF, this instrument has been executed by the parties hereto as of the day and year first above written. PUGET SOUND POWER $ LIGHT COMPANY M CP1 CV O *D CITY OF AUBURN o~ By" GRANTEE a By Q G1R^' 7t-"i C Leslie Donner, Mager Real Estate Division GRANTOR STATE OF WASHINGTON ) ss COUNTY OF KING ) On this3 day of , 1970, before me personally appeared LESLIE A. DONNER and SCHOEGGL, to me known to be the Manager, Real Estate Division, and Secretary, respectively, of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the within and foregoing instru- ment, and acknowledged said instrument 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 said instrument 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. - 2 - VOL 49 3 PAGE 337 ~~Lti • U) CD COY a REGARDED ~)_R=Qxd"1F VOL •--~35 RAGE REQUEST OF. 1910 QC; !3 PN1 i 17 'o T-q Q a U FILED fol v of Name - ! Address......... ............................................................................................k 3 -~t r. ,