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HomeMy WebLinkAbout6262972 EASEMENT 11096762629 72 5010 205 4c- I+ E A S E M E N T r THIS INDENTURE made th i s day of G~ - 1967, between PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation, herein called "Grantor", and the CITY OF AUBURN, a municipal corporation, herein called "Grantee", 4 1 W I TNESSETH: That in consideration of the sum of One Dollar ($1,00) in hand paid, receipt N of which is hereby acknowledged, and the performance by Grantee of the covenants 17_ hereinafter set forth, Grantor hereby grants unto Grantee, without warranty of any Cr, kind, a"permanent easement for road and utility purposes over, upon and under the N Puget Sound Electric Railway 100-foot wide right of way in the City of Auburn, z King County, Washington, said easement described as follows: ' cv 91 n, in A strip of land 100 feet in width lying in the Northwest 1/4 of-Section M fife i '.24Y Township 21 North, Range 4 East, W.M., King County, Washington,.the center line of which is described as follows: 1B~atiJANA Beginning at a brass plug marking the center of Section 25, Township 21 Jh ~te 111 North, Range 4 East, W.M., King County, Washington, said monument also 4 aklltP marking the center line intersection of Algona and Greenhalgh Roads; the center line of Algona Road which bears S 89°46107" W; thence N 8°47'00" E a distance of 50.01 feet; thence N 89°46'07" E a distance of 121.20 feet; thence through a curve to the left having a radius of 603.11 feet and a central angle of 31°58'55" for a distance of 336.65 feet; thence N 57°47'12" E a distance of 539.05 feet;-thence N 2°13'01" W a distance of 5,640.34 feet to a concrete monument with brass insert; thence N 87°47146" E a distance of 1,116.88 feet to the westerly right of way line of County Road No. 76; thence N 2°12'33" W a distance of 50.00 feet to the center line of 15th Street S. W.; thence S 87°47'46" W a distance of 1795 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 continuing S 87°47'46" W 103 feet, more or less to the westerly margin of said Interurban right of way and the terminus of said described center line. This easement is granted on the following terms and conditions: gluEel tnt on In 1. Grantee agrees to save and hold Grantor harmless from all loss or dam~q%"- 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. 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 fur 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. w » r r 0~. •206 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.easements. 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, C'V relocation or removal shall be borne by the City, its successors or assigns. 1``_ p^ 7. The location of said right of way is shown on Map, Sheet 3 of 11, dated 81049-print June 19, 1967, prepared by Hill & Ingman, copy of which is attached hereto and by0n 0010 in 10 C\J this reference made a part hereof. Vault. IX) IN WITNESS WHEREOF, This instrument has been executed by the parties hereto as of the day and year-.first above written. ' "J4 Attest:. ~e Secr e~1 jC1 0111 Vault, STATE OF WASHINGTON) ) ss COUNTY OF KING PUGET SOUND POWER C• LIGHT COMPANY By R6bert C. Widg, Manager,' Real Estate Division GRANTO CITY OF AUBURN By AI'd YO4 GRANTEE 81 lie-prtni an fife in Vault. On this :;;_--r`_day of 1967, before me personally appeared ROBERT C. WING and C. B. 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 instrument, 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 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. Notary Public in and for,tthState of Washington, residing at • bJ •1 H.~1~.aH . a0 -2- riled for Recor '~ry/~''_~_'4J.9 1947 V Request~~.! uditof ROBERT A. MORR S County I I Fil?d for Record at Request of: Rob=rt PA. Smythe., City Attorney 20 'A" Street N.W. Auburn, Washington 9800$ C3 C? ' J iV IV zi, ~Oz paatl'OtO~" 10A p3~h0a~K . ca CD k u "v