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HomeMy WebLinkAbout5670 Instrument Number: 20220818000873 Document:EAS Rec: $207.50 Page-1 of 5 Record Date:8/18/2022 3:29 PM Electronically Recorded King County,WA • RETURN ADDRESS: Puget Sound Energy,Inc. Attn: ROW Department PO Box 97034/EST-06W(SAM) Bellevue,WA 98009-9734 Attn:Sam Meldrum r,SE PUGET SOUND ENERGY EASEMENT REFERENCE#: GRANTOR(Owner): THE CITY OF AUBURN GRANTEE(PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: A portion of the NW 1/4 of the NE 1/4 Sect.18,T21 N, R5E,W.M., King County ASSESSOR'S PROPERTY TAX PARCEL: 264800-0010 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,THE CITY OF AUBURN, a municipal corporation("Owner"herein),hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation("PSE"herein),for the purposes described below,a nonexclusive perpetual easement over, under, along across and through the following described real property (the "Property"herein)in King County,Washington: NEW LOT THREE (3), CITY OF AUBURN LOT LINE ADJUSTMENT No. 05-0013, ACCORDING TO THE SURVEY THEREOF RECORDED IN VOLUME 203 OF SURVEYS, PAGE 27 RECORDED UNDER RECORDING No.20060424900015,RECORDS OF KING COUNTY, STATE OF WASHINGTON. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area"herein)described as follows: SEE EXHIBITS"A"&"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults,switches and transformers for electricity;fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads,manholes,meters,fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, PSE may,from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted In this easement. PSE UG Electric Easement 2014 WO 105097378/RW-123445 Page 1 of 5 instrument Number: 20220818000873 Document:EAS Rec: $207.50 Page-2 of.5 Record Date:8/18/2022 3:29 PM King County,WA 2. Easement Area Clearing and Maintenance. PSE shall have the right,but not the obligation to cut,remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation,to control, on a continuing basis and by any prudent and reasonable means,the establishment and growth of brush,trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could,in PSE's sole judgment,interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut,trimmed,removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber(if any)cut and removed from the Property by PSE. 4. Restoration. Following Initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted,provided,however,Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE,but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 6. Successors and Assigns. PSE 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 obligations of the parties shall be binding upon their respective successors and assigns. DATED this l"J day of TAq ,20 ' 2. OWNER: THE CITY OF AUBURN,a municipal corporation Ka' ,.;:i By: (name) Printed Name: t4wity Its: br (title) PSE UG Electric Easement 2014 WO 105097378/RW-123445 Page 2of5 instrument Number: 20220818000873 Document:EAS Rec: $207.50 Page-3 of 5 Record Date:8/18/2022 3:29 PM King County,WA STATE OF WASHINGTON ) COUNTY OF KtN(� � SS On this `C.) day of 1 tt/t ��� , 20 22, before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared N AnC ')OIG , to me known to be the person(s)who signed as Mto dV , of THE CITY OF AUBURN, a municipal corporation,the c poration that executed the within and foregoing instrument,and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said corporation. IN WITNESS WHEREOF I have hereuntosetmy hand and official seal the day and year first above written. o,ti\\\\\ltlittl ✓ q,,z,', 041 9 SC6,11/`f Y(Ir' , <47 �gaiQ '1 r 0. // (Signature� of Notary)1 (\� `` .r 47 QT.q Ai,� f T \111\��l/Y i f 0 4 " 202199 c*=' o (Print or stamp name of Notary) i 9.\//,,•pg,2,'�`�-�_,(9 NOTAR 'PUBLICnin and for the State of Washington, residing �` ��h11��a � ... at it /l1111U dIBiAetµ` �� My Appointment Expires: d"\//�� m 'V 0) Notary seal,text and all notations must be inside 1"margins PSE UG Electric Easement 2014 WO 105097378/RW-123445 Page 3 of 5 instrument Number: 20220818000873 Document:EAS Rec: $207.50 Page-4 of 5 Record Date:8/18/2022 3:29 PM King County,WA EXHIBIT "A" (PSE EASEMENT) THAT PORTION OF NEW LOT 3,AS SHOWN ON CITY OF AUBURN, KING COUNTY,WASHINGTON LOT LINE ADJUSTMENT LLA 05-0013, RECORDS OF SAID COUNTY, RECORDED AT RECORDING NUMBER 20060424900015; SAID PORTION BEING A 10.00 FOOT STRIP OF LAND, LYING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A FOUND 5/8-INCH REBAR AND CAP, LS 13670,AT THE MOST SOUTHWESTERLY CORNER OF SAID NEW LOT 3, FROM WHICH A FOUND 2-INCH BRASSIE, IN CONCRETE,WITH PUNCH, BEARS NORTH 15°21'48" EAST, 254.55 FEET(BASIS OF BEARING,WEST LINE OF SAID NEW LOT 3); THENCE ALONG THE SOUTH LINE OF SAID NEW LOT 3, NORTH 87°31'47" EAST, 23.64 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE LEAVING SAID SOUTH LINE, NORTH 15°21'48" EAST, 16.45 FEET TO THE POINT OF TERMINUS OF SAID DESCRIBED CENTERLINE. THE SIDELINES OF WHICH ARE LENGTHENED OR SHORTENED TO CREATE A FULL AND CONTINUOUS STRIP OF LAND, FROM SAID SOUTH LINE OF NEW LOT 3,TO A LINE FROM SAID POINT OF TERMINUS AND PERPENDICULAR TO SAID DESCRIBED CENTERLINE. CONTAINING 164 SQUARE FEET, OR 0.004 ACRES MORE OR LESS. 07/21/2022 f Via a'YlZ LAK• PSE UG Electric Easement 2014 WO 105097378/RW-123445 Page 4 of 5 Instrument Number:20220818000873 Document:EAS Rec: $207.50 Page-5 of 5 Record Date:8/18/2022 3:29 PM King County,WA EXHIBIT "B" (ELECTRICAL UTILITY EASEMENT DEPICTION) N LINE TABLE "' LINE# DIRECTION LENGTH o 40 L1 N15' 21' 48"E 16.45 3 _• 'o 1"=20' h AUBURN SCHOOL DISTRICT N NEW LOT 3 LOT 6, BLOCK A z CITY OF AUBURN LOT LINE FRENCH ADDITION TO THE TOWN OF Q —1 ADJUSTMENT NO.05-0013 SLAUGHTER, WASHINGTON APN 2648000010 APN 1821059171 - 3 co (AS NOTED/SHOWN ON A SURVEY, _^ c REC.NO.20060424900015) O N 2 m„ POT POC EXISTING POWER POLE, MOST SOUTHWESTERLY 4.,, o AS LOCATED 6/2022 CORNER,NEW LOT 3 ci) � / .. FOUND 5/8'REBAR AND CAPLS 13670 a, 70,..__J / I (6/2022) ,.' -....J5, / _ J — — — —' — `•`N87' 31' 47"E • FND 5/8" R&C, 23.64' ; LS13670 (6/2022) PUBLIC UTILITY POB EASEMENT WITHIN I SOUTH LINE OF VACATED 5TH ST NE; ; NEW LOT 3 U, ORDINANCE NO. 3060, a REC. NO. 7604260525 — - - — — — — S,` w 3 57H STREET NE LL (50'RIGHT OF WAY) 07/20/2022 $—50' -' AR �'OF WAS.5 •A� • v V •`*� ;w 2215 North 30th Street, ` : Y4 �; , ;r� Suite 200, 'gyp ,,-,r-,, ,. ,,';.. Tacoma,WA 98403 412964, ';;.: ; mss • :rq.FEg:.'9'�4' , 253.383.2422 TEL JOB 'NO. 2200869.50 r01vAL'LA139 5 07/20/2022 253.383.2572 FAX A B PSE Easement ,‘‘N v'""v'""""," LEGAL BY: SAR EXHIBIT BY: FSS THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFUCT NW 1/4, NE 1/4, S18, T21 N, R5E BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE w:\sdskproJ\2020\2200869\2200889.50 pse easement.dwg LEGAL DESCRIPTION SHALL PREVAIL PSE UG Electric Easement 2014 WO 105097378 I RW-123445 Page 5 of 5