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Home My WebLink About20240820000222 Easement Parcel 3021059044 Instrument Number: 20240820000222 Document:EAS Rec: $308.50 Page-1 of 6 Excise Docs: 3295327 Selling Price: $1,214.00 Tax Amount: $26.66 Record Date:8/20/2024 9:30 AM Electronically Recorded King County,WA RETURN ADDRESS: Puget Sound Energy,Inc. Attn: ROW Department-MB PO Box 97034/BEL-08W Bellevue,WA 98009-9734 PSE PUGET SOUND ENERGY EASEMENT REFERENCE#: GRANTOR(Owner): CITY OF AUBURN GRANTEE(PSE): PUGET SOUND ENERGY,INC. SHORT LEGAL: Por.of NW 1/4 NE 1/4,S 30,T21N,RO5E,W.M.King County ASSESSORS PROPERTY TAX PARCEL: 302105-9044 For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF AUBURN,a municipal corporation("Owner"), hereby grants and conveys to PUGET SOUND ENERGY, INC.,a Washington corporation ("PSE"), for the purposes hereafter set forth, a nonexclusive perpetual air rights easement over the real property described in Exhibit"A"(the"Property"herein)located in King County,Washington: Except as may be otherwise set forth herein PSE's air rights easement shall only be exercised over that portion of the Property described in Exhibit"B"and depicted in Exhibit"C"(the"Easement Area"). 1. Purpose. So long as PSE's facilities do not Interfere with Owners existing underground facilities, PSE shall have the right to use the Easement Area to 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 include: Overhead facilities. Electric transmission and distribution lines;fiber optic cable and other lines,cables and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities necessary or convenient to any or all of the foregoing.All overhead facilities shall have a minimum clear height of 16 feet above the ground below. 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. 2. Access. PSE shall have a reasonable right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. PSE Easement 2021 WO#101171064 RW-133697 Page 1 of 6 Instrument Number: 20240820000222 Document:EAS Rec: $308.50 Page-2 of 6 Record Date:8/20/2024 9:30 AM King County,WA 3. Easement Area Clearing and Maintenance. PSE shall have the right to cut, remove and dispose of any and all brush,trees or other vegetation in the Easement Area. PSE 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 or other vegetation in the Easement Area. 4. 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 reasonable judgment cause damage to PSE's systems and/or present a hazard to the general public health, safety or welfare as defined in RCW 64.12.035. 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. 5. Restoration. Following the 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. PSE shall use good faith efforts to perform its restoration obligations under this paragraph as soon as reasonably possible after the completion of PSE's work. 6. 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 perform the following activities without PSE's prior written consent:(1)construct or maintain any buildings,structures or other objects on the Easement Area; and/or(2)conduct any blasting within 300 feet of PSE's facilities. 7. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of PSE's negligence, or the negligence of PSE's employees, agents or 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, its employees, agents or contractors or the negligence of third parties. 8. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms of this Easement shall be entitled to recover its reasonable attorneys'fees and costs incurred in said suit, including on appeal. 9. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the successors and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its rights, obligations or interest under this Easement without the prior written consent of Owner, which consent may not be unreasonably withheld. Notwithstanding the foregoing, PSE may assign this Easement to an affiliate or in connection with a merger,acquisition, corporate reorganization,sale of assets or other change in control. 10. Complete Agreement; Amendment; Counterparts. This Easement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior writings or discussions relating to the Easement. This Easement may not be amended except by a written document executed by the authorized representatives of Owner and PSE. This Easement may be executed in counterparts,each of which shall be treated as an original for all purposes and all executed counterparts shall constitute one agreement. 11. Warranty and Representation of Authority. The parties each represent to the other that the person or persons executing this Easement have authority to do so and to bind the parties hereunder. All consents, permissions and approvals related to this Easement, and the obligations hereunder, have been obtained. Owner further warrants to PSE that it has the necessary right,title and interests in the Property to grant the easement rights set forth herein. 12. Severability. Invalidation of any of the provisions contained in this Easement,or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions thereof or the application thereof to any other person and the same shall remain in full force and effect. If a provision is found to be unenforceable or invalid, that provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate the purpose of this agreement. 13. Non-Waiver. The failure of any party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. PSE Easement 2021 WO#101171064 RW-133697 Page 2 of 6 Instrument Number: 20240820000222 Document:EAS Rec: $308.50 Page-3 of 6 Record Date:8/20/2024 9:30 AM King County,WA DATED this 22 ,day of frA 0\i ,20�.`l_ . OWNER: CITY OF AUBURN,a municipal corporation By: name) Its. Wttt 941% (title) STATE OF WASHINGTON ) ) SS COUNTY OF I n t/I ) On this 22-'4 day of tV\Ay , 202.1 ,before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, NANCY BACKUS, to me known to be the person(s)who signed as the MAYOR,of CITY OF AUBURN,a municipal corporation,the corporation 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 hereunto set my hand and official seal the day and year first above written. �� I n l t- A ,-�, ��°�' �`y`1 N� 1 1t4 i //�f/® (Signature of Notary) ;re 01A,p A. 2209 0930`"= r• (Print or stamp name of Notary) ® iAoG s �A`d�, t'e��,4�= ® • NOTARY PUBLIC in nd for the State of Washington, residing ,/„. }��rhs`04- „,.. 0j � at {1'�(� n Vl Y\ / �7 I ,, r7lfll� ^ N®�®�� My Appointment Expires: - V 1 -2 J Notary seal,text and all notations must be inside 1"margins PSE Easement 2021 WO#101171064 RW-133697 Page 3 of 6 Instrument Number: 20240820000222 Document:EAS Rec: $308.50 Page-4 of 6 Record Date:8/20/2024 9:30 AM King County,WA EXHIBIT"A" LEGAL DESCRIPTION OF THE PROPERTY THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH, RANGE 5 EAST.,W.M., EXCEPT ROADS. (LEGAL DESCRIPTION PER STATUTORY WARRANTY DEED UNDER KING COUNTY RECORDING NUMBER 6548592) PSE Easement 2021 WO#101171064 RW-133697 Page 4 of 6 Instrument Number: 20240820000222 Document:EAS Rec: $308.50 Page-5 of 6 Record Date:8/20/2024 9:30 AM King County,WA EXHIBIT"B" LEGAL DESCRIPTION OF THE EASEMENT AREA THE NORTH 7.00 FEET OF THE EAST 47.00 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,, RANGE 5 EAST,W.M.., EXCEPT ROADS. SAID EASEMENT CONTAING AN AREA OF 329 SQUARE FEET,MORE OR LESS. rrr.rmrrrr7;rh"S MZW,,N ). CJ '� yffi ~ 9441-. 1pNAL I,AO 04/12/2024-� PSE Easement 2021 WO#101171064 RW-133697 Page 5 of 6 Instrument Number: 20240820000222 Document:EAS Rec: $308.50 Page-6 of 6 Record Date:8/20/2024 9:30 AM King County,WA EXHIBIT"C" DEPICTION OF THE EASEMENT AREA CA MON I - 1 110-S30 25TH ST SE NORTH i COR. (JOS. BRANNON RD.) b SECT. 30 el N 6.9432'27" W 2,560.69" 004,19' I 1,r2 332,10' i/z19,04 " ,29 ZO 29 - a P) COA MON - 1110-031 NE CDR SECT, 30 UTILITY'EASEMENT TAX PARCEL 302105-91044 CEDAR LANES RANK OWNER; CITY OF AUBURN AtiORESS: 1002 28TH ST SE _io -i 1 1„$.3 MERGE IWO 1 44 k .-74,1111crONY '1'16(A° V --,,,,, 4,11 „,7,."1 Ott, SCALE; 1"=50 FEET ; ..,.i...;,...„.. e4.' ',,ss mi fe N 0 25 50 100 „......i- PS ' - 28TH ST SE \A 52833 4,1 flItOratt..___#VITty 'NAL 1,11,0- in . 04 ..' p=t4622zmorz _ r., _- TAX PARCEL 302105-0080 N avvror * 331.9e' *r EXHIBIT C CITY OF AUBURN UTILITY EAMPIENT DEP IGT1M1 PLFOLIO WORKS OC.PAIOMENT 1PN 33A0F.40)4.4 IN NW 1/4 OF THE NE il.4 OF SA TAN,REE,W.M. PSE Easement 2021 WO#101171064 RW-133697 Page 6 of 6