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HomeMy WebLinkAbout8711100871 UTILITY EASEMENT 111087r A(-, " FOR UNDERGROUND ELECTRIC SYSTEM ORIGINAL ideration of One Dollar ($1.00) and other e receipt of which is hereby acknowledged. ROBERT WAYNE SPEARS and CONSTANCE LOUISE SPEARS, husband and wife; THE CITY OF AUBURN ECONOMIC DEVELOPMENT CORPORATION, a public corporation of the State of Washington, as beneficiary to a Deed of Trust; ("Grantor" herein), grants, conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington cor- poration ("Grantee" herein), for the purposes hereinafter set forth a perpetual easement under, across and over the fol- lowing described real property (the "Property" herein) King County, Washington. O O V4 T4 The West 325 feet of Lots 5 and 6 of Valley Business Park as recorded in Volume 120, pages 51-52, under Auditor's File #8112300448, records of King County, Washington. Together with the West 325 feet of the North 5.14 feet of Lot 4 of said Valley Business Park as recorded by Auburn Lot Line Adjustment 84-183 under Auditor's File #8403220360. Being a part of the Northeast quarter of<Section 1, Township 21 North, Range 4 East, W.M. $i! 11 10 i #087 1. P RECCE F 7.00 CAF•HSL ****7, c1ci Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "RightI of Way" herein) described as follows: -A Right-of-way feet in Ividth hming Feet of Stich voidill oil eftell side OF a cenim- 1' The East 15 feet of the West 215 feet of the North 25 feet of the above described property. EXCISE TA T R E"UIRED King Co. Reccros Di,.,:*w, Sy~ Deputy 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 ap- purtenances therefor, 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 con- struction 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 exer- cise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exer- cise 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 may 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. 4. Grantor's Use of Right-of-Way. Grantor reserves the right to use the Right-of-Way for any purpose not 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 con- struction 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 acts or omissions of Grantor. 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 shall revert to Gran- tor, provided that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its facilities on the Right-of-Way within any period of time from the date hereof. 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. A-1864 8707384 - - j #788.37 1-79 214-1 KH 0044 DATED this 30th day of September , 19_ t. GRANTOR THE CITY OF AUBURN ECONOMIC DEVELOPMENT X ROBERT WAYNE SPEA CORPORATION BY: CONSTANCE LOUISE SPEARS/ California STATE OFMY.MEM) ORM ) Los SS COUNTY OF Angeles ) On this day personally appeared before me ROBERT WAYNE SPEARS and CONSTANCE Lf1UTSE SPEARS to me known to be the individual 8- described in and who executed the within and foregoing instrument, and acknowledged that they-- signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. O T4 T4 GIVEN under my hand and official seal this 10th d " OFr"ICIAI . Si ~ i(ATNLEEN i_ t'aj'-, X'"/ELL ",~y~ a;.~ „ E NOTARYFU3LIC GAU.'' ANIA " LM' ANCIELCS G~J I f Y `P My Comm. Ly.pi:c; Jur,:. 2J, 1991 STATE OF WASHINGTON ) SS COUNTY OF 1 On this day personally appeared before me to me nown to be the individual _ described in and who executed the within a oregoing instrument, and acknowledged that signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of,, 19 . STATE OF WASHINGTON ) SS COUNTY OF 1 On this day personally appeared before me to me known to be the individual _ described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this STATE OF WASHINGTON ) SS COUNTY OF ) , 19 CORPORATE ACKNOWLEDGMENT On this day of . , 19 , before me, the undersigned, personally appeared THE CITY OF AUBURN ECONOMIC DEVELOPMENT CORPORATION to me known to be the and respectively, of the corporation that executed the foregoing instrument, and acknowledged the 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 authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. hCuki IUiiI RETURN TO: City of Aubum • Legal Department 25 W.-st Main Street day of Notary Public in and for the State of Washington, residing at Notary Public in and for the State of Washington, residing at My Commission Expires Notary Public in and for the State ofXj=XCalltornla residing at 18362z Sol edad C=. ,gym. Country, CA 91351 My Commission Expires June 23, 1991 Notary Public ' wand for-the State of Washington, J %4 /4 1/ residing at A / 10 I'( 87075rq KN AGov~ CASFi19~t ~~FA ~.:m N Co c: 1~171S MAP IS NOT INTENDED 10 REPRF; f IUCA[Wh OR 1HE EXT' F.U-0 P,GAER S PRESENT OR ; j:;E fl.GIUT►ES. F 0 N E.i~ 08' PL NW vss- e~ ~c . ~ Jlr ~ rarsn ~sa.ss ~se.ss $ ,,st.s4 .vi. o~,, 2 RAC USINE S P o g VALLEY , 8 0 i. N a ~g vM 2 "o~ 3 0 s 9~ 6 eQ 7 03 0: i..CI~O ( b x'10 200 6 Z I iss. eIS p .b...s .rte-ss- swr 90 W * 1 C A ' o p ~o All so ~c 00~y Gf~~ I c' 8 J; ? 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