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HomeMy WebLinkAbout8601270480 UTILITY EASEMENT 0127861 4 P~~s'Er POMAER A -86/01/27 - RECD--,F EASEMENT FOR UNDERGROUND ELECTRIC SYSTEK.A5145L CITY OF AUBURN, a Municipal Corporation, and INTERSTATE MOBILEPH Ac 10 00480 -8 7.00 55 as Lessee ("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 an(I over the fol- lowing described real property (the "Property" herein) King County, Washington. that portion of the North 663 feet of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 11, Township 21 North, Range 4 East, W.M., in King County Washington: Beginning at the Southeast corner of the above-described property; thence North 0125'35" Cast 238.00 feet; thence South 89034'25" East 110.00 feet; thence South 0025135" West 50.00 feet; thence North 89134125" West 23.00 feet; thence South 0025135" West 60.00 feet; thence North 89034125" West 59.00 feet; thence South 0025135" West 61.00 feet; thence South 38100'00" East 76.00 feet; thence South 15030'00" East 5.16 feet more or less to the North margin of said South 316th Street; thence South 88039109" West along said North margin 80.69 feet to the point of Beginning. 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: z„e-- A Ilan? A-A- mxxxxxxxxxxxxxxxxkxtkxwick6xk x*gwxxxxxxxxxxxxxxxhtkNkmckx7igttcr 3Mff-;.X-U~r NIMRWXMX Thd'South tenn (10) feet of the above-described property r (Qp q E, 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 (late 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. !788.37 1.79 r • r DATED this --/-Z----Hay of LES STATE OF WASHINGTON ) SS p COUNTY OF )(-'I,-J61 ) C~° 1~1s ~ On this day personally appeared before me 1-,C" re'nQu--" I IM4 to a known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and vol tary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day~`~ Notary Public in ,and for the S e o shingtod residing at 1,24-- STATE OF WASHINGTON ) : %'•t';;("' SS COUNTY OF ~L ) / On this day personally appeared before me 130,6 Roe'ln•Clr to me known to be the individual .-/described in and who executed the within and foregoing instrument, and acknowledged that signed the same as ~1,. IIJ free and voluntary act and deed for the uses and purposes therein mentioned, e3- GIVEN under my hand and official seal this 42- day of 19 Noted Public in and for the State of V`Jg;Nrnk6ri, residing at STATE OF WASHINGTON ) i J f , SS COUNTY OF ) 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 ) On this day of day of ' Notary Public in and for the State of Washington, residing at , 19 CORPORATE ACKNOWLEDGMENT , 19 before me, the undersigned, personally appeared and 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 ;ay and year first above written. ,q- /S-9s b08-3/9at KW -yV33 a.iq-3 AM *IIS A4AP IS NOT iNIENQEQ TO REPRESENT "E PRECISE LOCATION OR THE EXTENT OF PUGET POWER'S PRESENT OR FUTURE f fKWIIE& l i r Z KME2 5` A fj- l ~e o t~~ l L e-l i v tat' (Ovl& ALA) ..g v.t F7 Z, I' Y RECORD AND RETURN TIM City of Auburn "Legal Department 25 West Main ft* Auburn, WA 98001