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HomeMy WebLinkAbout9309010438 UTILITY EASEMENT 090193. CITY CLERK'S OFFICE ~1 r dd - c2A CITY OF AUBURN`! 25 West Main Auburn, `NA 98001 ORIGINAL pior~ ~ EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which' is hereby acknowledged, CITY OF AUBURN, a municipal cor ration ("Grantor" Herein), grants, conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ("Grantee" herein), for the purposes hereinafter set forth a perpetual easement under, across and over the following described real property (the "Property" herein) King County, Washington. See Attached Exhibit A 41SE TAX NOT REQUIRED King ~a. Rewrds Division gy _ Deputy cv C" 7 OCT T i~ t'7 Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right-of-Way" herein) described as follows: The West 75 feet of the above described property. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace and enlarge an underground electric transmission and/or distribution system upon and under the Right-of-Way together with all necessary or convenient appurtenances therefore, which may include but are not limited to the following: underground conduits, cables, communication lines; vaults, manholes, switches, and transformers; and semi-buried or ground mounted facilities. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to the Right-of-Way over and across the Property to enable Grantee to exercise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 3. 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 to carry out the purposes set forth in paragraph 1 hereof, 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 my undertake any ordinary improvements to the landscaping of the Right-of-Way, provided that no trees or other plants shall be placed thereon, which would be unreasonably expensive or impractical for Grantee to remove and restore. ~a r- 4. Grantor's Use of Right-of-Way. Grantor reserves the right to use the Right-of-Way for any purpose not r' inconsistent with the rights herein granted, 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 Right-of-Way, or endanger the lateral support to said facilities; and that no blasting shall be done within 15 feet of the Right-of-Way. 5. Indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for injuries and/or damages suffered by any person, which may be caused by the Grantee's exercise of the rights herein granted; provided that Grantee shall not be responsible to Grantor for any injuries and/or damages to any person caused by ads or omissions of Grantor. h 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right-of- Way for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder c; shall revert to Grantor, provided that no abandonment shall be deemed to have occurred by reason of Grantee's t, failure to initially install its facilities on the Right-of-Way within any period of time from the date hereof. Na 7. 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. 788.37 1.79 A-2579 9210435 KH/A0001 214-93 Resolution No. 2418 Exhibit "A" Y' r A-2579 9210435 KH/AC001 214-93 City of Auburn EXHIBIT A Beginning at a brass plug marking the center of Section 25, Township 21 North, Range 4 East, W.M., King County, Washington; said monument also marking the centerline intersection of Algona and Greenhalgh Roads, centerline of Algona Road, which bears South 89°46'07" West; thence North 8°47'00" East, a distance of 50.01 feet; thence North 89°46'07" East, 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 North 57°47'12" East, a distance of 539.05 feet; thence CO North 2°13'01" West, a distance of 5,640.34 feet to a concrete M monument with brass inserts; thence continuing North 2°13'01" West, a distance of 60 feet; thence North 87°47'46" East, a - distance of 614.90 feet; thence North 1°57'58" West, a distance of 458.21 feet; thence North 24°55'39" East, a distance of 61.50 feet ,(j to an existing cyclone fence corner and TRUE POINT OF BEGINNING; C'7 thence along existing fence line, North 88°17'15" East, a distance of 188.7 feet to a fence corner; thence along existing fence line South 2°12'03" East, a distance of 41.4 feet to a fence corner; thence along existing fence line North 88°17'15" East, a distance of 85.0 feet to a fence corner; thence along existing fence line South 2°12'03" East, a distance of 78.0 feet to a fence corner; thence along an existing fence line South 88°17'34" West, a distance of 85.0 feet to a fence corner; thence along an existing fence line South 2°12'03" East, a distance of 48.3 feet to a fence corner; thence along an existing fence line South 87°39'49" West, a distance of 192.1 feet to a fence corner; thence along existing fence line North 1°04'23" West, a distance of 169.80 feet to a fence corner and the TRUE POINT OF BEGINNING. 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