HomeMy WebLinkAbout9201100940 UTILITY EASEMENT 011192f PLi/L'sEl" EASEMENT
AROwE,R
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 corporation of the State of Washington
("Grantor" herein), hereby conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington
corporation ("Grantee" herein), for the purposes hereinafter set forth, a perpetual easement over, under, along, across and through
the following described real property (the "Property" herein) in K1 ng County, Washington.
SEE ATTACHED EXHIBIT "A"
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Easement
Area" herein) described as follows:
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SAME AS DESCRIBED IN EXHIBIT "A"
1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge and
use one or more electric transmission and/or distribution systems over and/or under the Easement Area, together with all
necessary or convenient appurtenances thereto, which may include but are not limited to the following:
a. Overhead facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and
distribution lines; fiber optic cable, communication and signal lines; transformers.
b. Underground facilities. Underground conduits, cables, vaults, manholes, switches and transformers; semi-buried or
ground mounted facilities such as pads, transformers and switches; fiber optic cable, communication and signal lines.
Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional
facilities as it may require for its systems.
2. Access. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to
exercise its rights hereunder. Grantee shall repair or reasonably compensate Grantor for any damage to the Property, including
damage to roads, crops, driveways and fences caused by the exercise of such right of access.
3. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all
brush, trees and other vegetation presently existing upon the Easement Area. Grantee shall also have the right to control, on a
continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees and other vegetation
upon the Easement Area which could, in the opinion of Grantee, interfere with the exercise of Grantee's rights herein or create a
hazard to Grantee's systems.
4. Trees Outside Easement Area. Grantee shall have the right to cut, trim, remove and dispose of any trees located on the
Property outside the Easement Area which could, in Grantee's sole judgement, interfere with or create a hazard to Grantee's
systems. Grantee shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give Grantor prior
notice that such trees will be cut, trimmed, removed or disposed of (except that Grantee shall have no obligation to identify such
trees or give Grantor such prior notice when trees are cut, trimmed, removed or otherwise disposed of in response to emergency
conditions). Grantor shall be entitled to no compensation for trees cut, trimmed, removed or disposed of except for the actual
market value of merchantable timber (if any) cut and removed from the Property by Grantee.
5. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent
with the rights herein granted, provided, that Grantor shall not construct or maintain any building, structure or other object on the
Easement Area and Grantor shall do no blasting within 300 feet of Grantee's systems without Grantee's prior written consent.
6. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's
negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor
for that portion of any such liability attributable to the negligence of Grantor or the negligence of others.
9103863
RA/CX RESOLUTION NO. 2240
ATTACHMENV 1"
798,32649 TRANSMISSION ~r /
7. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for
a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor,
provided, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on
the Easement Area within any period of time from the date hereof.
8. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights,
benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and
.Ly
obligations of the parties shall inure to the benef of ar be binding upon their respect a successors and assigns.
Dated this day of 19 9 1 .
GRANTOR
TE OF WASHINGTON )
ss.
COUNTY OF
On this day of
duly commissioned and sworn, personally
, 19 , before me, a Notary Public in and for the State of Washington,
instrument, and acknowledged that
and deed, for the uses and purposes therein mentioned.
me known to be the individual(s) who executed the within and foregoing
hmed the same as free and voluntary act
GIVEN UNDER my hand and official seal the day and year in this certificate
NOTARY PUBLIC in and for the Sta f Washington,
residing at
My Appointment Expires:
STATE OF WASHINGTON )
} ss.
COUNTY OF )
On this day of _ 9, 19 91 ,
before me the undersigned, a notary public in and for the State of
Wash' ngta duly commissioned and sworn, personally appeared
to me known to be the
of the CITY OF AUBURN
the Mun cipal Corporation that executed the foregoing instrument
and acknowledged the same to be the free and voluntary act and
deed of said municipal corporation, for the us s and purposes
therein mentioned, and on oath stated that is
authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year
in this certificate above written.
Notary Public in and for the State o
Washington, residing at &AA
fly commissiion expires q1_ Iq- C/ A
Approved as to form:
w'
Assistant City Attorney
rrTV nG nIIRIIDni
EASEMENT
CITY OF AUBURN
PUGET SOUND POWER & LIGHT COMPANY
EXHIBIT "A"
That portion of the Southwest quarter of the Southeast quarter of
Section 30, Township 21 North, Range 5 East, W.M., lying East of a
line 720 feet East of and parallel to the West line of said
Southwest quarter of the Southeast quarter and lying Northerly of
the Northerly line of a road as conveyed to King County by Deed
recorded under Auditor's File No. 4926236 and lying Southerly of
the inside top of the Southeast dike line of the Stuck River, said
line described as follows:
Commencing at the South one-quarter corner of Section 30, Township
21 North, Range 5 East, W.M.; thence South 89°49'20" West along
the South line of said Section 127.71 feet to the True Point of
Beginning of the fol~owing decribed line; thence along the inside
to8 of dike North 41 20'15" East 100.75 fee8; thence North
44 31140" East 514.79 feet; thence North 52 19'08" East 155.42
fe8t; thence North 45055'37" East 218.52 feet; thence North
71 03'35" East 92.23 feet to the terminus of the line described
herein.
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66-DC-5872