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HomeMy WebLinkAbout7812050097 SEWER EASEMENT 120578E A S E M E N T e t,- THIS INDENTURE made this ~'day of d, letji14 1977, between PUGET SOUND POWER & LIGHT COMPANY, a /Washington corporation, ("Grantor" herein, and ROLAND A. CRABTREE, his heirs, successors and assigns ("Grantee" herein); WITNESSETH= That in consideration of Ten DollArs ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, and performance by Grantee of the covenants hereinafter set forth, Grantor hereby grants unto Grantee a non-exclusive perpetual easement over, across and under the following described property, P%- situated in King County, Washington: rn CD Beginning at the west quarter corner of Section 31, Township O 21 North, Range 5 East,. W.M., King County, Washington; thence L0 on an assumed bearing of N 00000'04" East along the west line O of said quarter section to the northwest corner of said section; CV thence N 89°35'25" E 1192.05 feetto the center of a found sani- tary manhole; thence due north on this bearing system 5.00 feet QO to ~he true point of beginning of an easement 30 feet in width running through Lots 4,5,6,9 and 10 of.the Parker Homestead as recorded in Volume 8, page 51, records of King County Auditor, lying 15 feet on each side: of the following described line; thence S 84°19159" E 327.41 feet; thence S 28°39'59" E 250:00 feet; thence S 33°19159" E 1023.00 feet more or less to the centerline of Oravetz Road, this point being the terminal point of this description. 1. This easement is granted under the express conditions that Puget Sound Power & Light Company property.will not be included in any local improvement district involving construction of the subject sewer line, and will not be assessed under any such local improvement district. 2. The facility shall be buried at least four feet below the natural survace of the ground at all points, and Grantee agrees to install and maintain substantial permanent markers at both ends of said facility on the right of way hereby granted sufficient to give notice to all persons of the location of Grantee's buried facility. 3. Grantee agrees to save and hold Grantor harmless from all loss or damage which may be due to the exercise by Grantee of the rights herein granted, and from all claims for such damage by whomsoever made and to indemnify Grantor for all such loss, damage and claims. 4. Grantor shall not be liable for any loss or damages to Grantee's, facilities resulting from Grantor's use of the lands encumbered by this easement unless such loss or damage is due to negligent act or omission of Grantor. Grantor agrees to use reasonable care. 5. Grantee shall reimburse the Grantor for any increases in tares or assessments of any kind levied against the above described land by reason of the installation of the serer line, the use thereof, or the easement herein granted. 6. Grantor reserves the right to develop and use the lands encum- bered by this easement for any purpose not inconsistent with the rights granted herein. Without limiting the generality of the forego.inq, Grantor reserves the right at any time, and from time to time, to construct or reconstruct electric lines (whether AC or DC; whether now existing or hereafter to be constructed) on lands adjacent to this easement in such manner that wires and other related structures; may overhang or project into the air over, along and across the lan.?:; encumbered by this easement. 7. Grantor reserves the right to grant access rights to others along or across the lands encumbered by this easement and to grant any other right which is not inconsistent with the rights herein granted to Grantor. ,8. Grantee agrees to provide adequate drainage to prevent any backup of surface water over'Grantor's right of way or adjacent land which may result from Grantee's exercise of said easement. 9. Should the easement area be subsequently improved, Grantee agrees that it shall, at its sole cost and expense, replace or restore to its improved condition any such improvements which are damaged or destroyed aq the result of Grantee's exercise of its rights of mainten- ance, repair or replacement. 10. Grantee agrees that said sewer line shall be buried at least Z) four (4) feet below the natural surface of the ground at all points, Z) that all-manholes and rawer line appurtenances shall be installed in D such manner that no portion of such facilities shall extend more than '\•1 two (2) inches above the natural surface of the ground, and that excavated areas shall be restored to their original grade. Grantee further agrees that should the elevation of the ground surface be raised in connection with any future development of the easement area and adjacent property, Grantee shall, without unreasonable delay, install risers at its own cost to maintain accessibility to such manhole and eater line facilities. 12. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 13. The rights hereby granted shall cease and determine whenever Grantee shall have permanently abandoned the use of its facilities accommodated by this easement.- Additionally, the rights hereby granted shall cease and determine if said utilities are not installed within from the date of execution of this easement. 1-wo a) y f a R 5 c~~rUf Accept d. olan A. Crabtree STATE OF WASHINGTON COUNTY OF KING SS PUGET SOUND POWER & LIGHT COMPANY By 4~z snag , Rea Esta Division On, this day o rir dcl 4'._- , 1977, before me, the under- signed, person- ably appeare LESLIE A. DONNER, to me known to be the Manager, Real Estate Division, of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknow- ledged 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 he is authorized to execute the said instrument. .~\11111 U 7~,~ (t yw NESS my hand e„,wri tten . uw Irv and official seal hereto affixed the day and year - 2 A-11 GRANT OF EASERENT. 4" r For valuable consideration, receipt of which is hereby acknowledged, the Grantor ,r,,~• " y~,~, , J. V. does by these presents create, esta - 1 sh, convey an gran unto Grantee, ROUND A. CRABTREE, his heirs, personal representatives and assigns, a perpetual easement 9;;~_ Thirt• :V/Ix;W feet in-width for the construction,. installation and maintenance of a sewer main with necessary appurtenances, power line and access road, together with the right to make slopes and fills as may be 0 reasonable and necessary therefor, through and across the real n property owned by Grantor in King county, Washington, as more fully 7 described on Exhibit A attached hereto and made a part hereof by this reference as though here fully set forth. Grantor further creates, establishes, conveys and grants unto Grantee a temporary easement one hundred feet in width for the use of Grantee, his agents, permittees and assigns as may be necessary to survey and construct such sewer main, which temporary easement - shall continue until and terminate upon completion of original con- s-ruction of such sewer main, or on July 31, 1&0667, whichever first occurs. i 1979 EXHIFIT - A (attached) Legal description Each right granted herein is granted without warranty of any kind since grantor's title is in dispute. Notwithstanding any covenant herein grantor reserves the right to relocate any easement and improvement placed thereon at its own expense, (if after construction), provided a comparable easement and utility service is provided and governmental approval is secured. The said Grantee, his agents, permittees and assignees - zhall have the right without prior institution of any suit or pro- ceeding at law, at times as may be necessary, to enter upon said property for the purpose of surveying, laying out, uurratructing, repairing, altering or reconstructing said sewer and access road or making any connections therewith, without incurring any legal obligation or liability therefor; provided that such constructing, repairing, altering or reconstructing of said sewer main shall be accomplished in such a manner that the private improvements existing in this right of way shall not be disturbed or destroyed, or in the event they are disturbed or destroyed,-they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee.. The Grantor shall retain the right to use the surface of said easement, so long as said use does not interfere with the installation and maintenance of the sewer main and access and so long as no buildings or-structures are erected on said easement. This easement shall be a covenant running with the land and shall be binding on the Grantor's successors, heirs and assigns. ~rz 12 "filar • ~ •-1_U \h t_ A/ I. ~ I 1 .1 SSTATEE OF WASHINGTON COUNTY OF KING } ss. I, the undersigned, a notary public in and or the state of AILshington, hereby certify that o this ,4 d y of e r- , personally appeared before me and 1977 o me own to e e individuals ce.cribe in an who executed the foregoing instrument and acknowledged that they signed and sealed the same as their free and voluntaryr act and deed for the uses and purposes therein mentioned. L 1% M 1, r~~;'•, notary pu C n n r the s tate T of Washin to , residing at Seattle Deputy U EXHIBIT A #3811 LEGAL DESCRIPTION LEGAL DESCRIPTION OF A'-30'FOOT WIDE PERMANENT EASEMENT FOR THE OPERATION AND MAINTENANCE or UTILITIES AND NECESSARY APPURTENANCES... BEGINNING AT THE.WE•ST QUARTER CORNER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON; THENCE ON AN ASSUMED BEARING OF NORTH 00000'04 ' EAST ALONG THE WEST LINE- OF SAID QUARTER SECTION TO THE.NORTHWEST CORNER OF SAID SECTION; THENCE NORTH 89°35'25" EAST,-1192.05 FEET TO THE CENTER OF A FOUND SANITARY MANHOLE; THENCE DUE NORTH ON THIS BEARING SYSTEM, 5.00 FEET TO THE TRUE POINT OF BEGINNING OF' AN -EASEMENT, 30.-FEET IN WIDTH, RUNNING THROUGH LOTS 4,5 6.9 AND 10 OF-THE PARKER HO.MES,TEAD AS. RECORDED IN VOLUME 8,-PAGE 51 , RECORDS OF-KING COUNTY AUDITOR, LYING 15 FEET ON EACH SIDE OF THE FOLLOW- ING DESCRIBED LINE; THENCE SOUTH 84°19'59" EAST,.:327.41 FEET; I THENCE SOUTH,,,28°34'59" EAST, 260.00 FEET; THENCE SOUTH 33019'59" EAST, 1023:00 FEET TO THE -CENTERLINE OF' ORAVETZ' ROAD,. THIS POINT BEING THE TERMINAL POINT OF THIS DESCRIPTION, SUBJECT'.TO•A,TEMPORARY CONSTRUCTION.EAS'EMENT 80 FEET IN WIDTH-LYING 40 FEET ON EACH' SIDE OF .THE ABOVE CENTERLINE DESCRIPTION. "1 i E A S E M E N T % THIS INDENTURE made this day of ~c'~►r~Pr'' 1377, between PUGET SOUND POWER & LIGHT COMPANY, a ashington corpordtiu:l. ("Grantor" herein, and ROLAND A. CRABTREE, his heirs, successors And assigns ("Grantee" herein); WITNESSETH That in consideration of Ten DollArs ($10.00) and other good and valuable consideration, in hand paid, receipt of which is herei)v acknowledged, and performance by Grantee of the covenants hereinafter set forth, Grantor hereby grants unto Grantee a non-exclusive perpot••.a_ easement over, across and under the following described property, t*- situated in King County, Washington: Cn Q Beginning at the west quarter corner of Section 31, Township O 21 North, Range 5 East, W.M., King County, Washington; thence LO on an assumed bearing of N 00000'04" East along the west line Q of said quarter section to the northwest corner of said section; thence N 89035125" E 1192.05 feetto the center of a found sani- tary manhole; thence due north on this bearing system 5.00 feet 10 to Oe true point of beginning of an easement 30 feet in width running through Lots 4,5,6,9 and 10 of.the Parker Homestead as recorded in Volume 8, page 51, records of King County Auditor, lying 15 feet on each side: of the following described line; thence S 84019'59" E 327.41 feet; thence S 28°34'59" E 260,00 feet; thence S 33019159" E 1023.00.feet more or less to the centerline of Oravetz Road, this point being the terminal point of this description. 1. This easement is granted under the express conditions that Puget Sound Power & Light Company property will not be included in any local improvement district involving construction of the subject sewer line, and will not be assessed under any such local improvement district. 2. The facility shall be buried at least four feet below the natural survace of the ground at all points, and Grantee agrees to install and maintain substantial permanent markers at both ends of said facility on the right of way hereby granted sufficient to give notice to all persons of the location of Grantee's buried facility. 3. Grantee agrees to save and hold Grantor harmless from all loss or damage which may be due to the exercise by Grantee of the rights herein granted, and from all claims for such damage by whomsoever made and to indemnify Grantor for all such loss, damage and claims. 4. Grantor shall not be liable for any loss or damages to Grange's facilities resulting from Grantor's use of the lands encumbered by this easement unless such loss or damage is due to negligent act or omission of Grantor. Grantor agrees to use reasonable care. 5. Grantee shall reimburse the Grantor for any increases in taxes or assessments of any kind levied against the above describel land by reason of the installation of the sewer line, the use thereo or the easement herein granted. 6. Grantor reserves the right to develop and use the lands encii:- bered by this easement for any purpose not inconsistent with the rights granted herein. Without limiting the generality of the foregoinq, Grantor reserves the right at any time, and from time to timo, to construct or reconstruct electric lines (whether AC or DC; whether now existing or hereafter to be constructed) on lands adjacent to this easement in such manner that wires and other related structurn~; may overhang or project into the air over, along and across the la-.::~ encumbered by this easement. 7. Grantor reserves the right to grant access rights to others along or across the lands encumbered by this easement and to grant any other right which is not inconsistent with the rights herein granted to Grantor. 1' 8. Grantee agrees to provide adequate drainage to prevent any ,bacKu;p of surface water over Grantor's right of way or adjacent land which may result from Grantee's exercise of said easement. 9. Should the easement area be subsequently improved, Grantee agrees that it shall, at its sole cost and expense, replace or restore to its improved condition any such improvements which are damaged or destroyed a$ the result of Grantee's exercise of its rights of mainten- ance, repair or replacement. 10. Grantee agrees that said sewer line shall be buried at least Z) four (4) feet below the natural surface of the ground at all points, D that all manholes and sawer line appurtenances shall be installed in D such manner that no portion of such facilities shall extend more than V two (2) inches above the natural surface of the ground, and that excavated areas shall be restored to their original grade. Grantee further agrees that should the elevation of the ground surface be raised in connection with any future development of the easement area and adjacent property, Grantee shall, without unreasonable delay, install risers at its own cost to maintain accessibility to such manhole and water line facilities. t 12. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 13. The rights hereby granted shall cease and determine whdnever Grantee shall have permanently abandoned the use of its facilities accommodated by this easement.- Additionally, the rights hereby granted shall cease and determine if said utilities are not installed within _4X (6) Months from the date of execution of this easement. *W0 gf R ~ PUGET SOUND POWER & LIGHT COMPANY By anag , Rea Esta Division Accept d: z), plan A. Crabtree STATE OF WASHINGTON ) SS COUNTY OF KING ) On this /may' day o 4 , 6r-- , 1977, before me, the under- signed, personably appeare LESLIE A. DONNER, to me known to be the Manager, Real Estate Division, of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknow- ledged 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 he is authorized to execute the said instrument. YW~~IESS my hand :t ~',a 0ve,,written. ~ll3L1C.,y and official seal hereto affixed the day and year Washing ~Lc id'and for t e S ate , residing at ,f A.~0 - 2 - CHANT OF EASEI-ENT s 0. . For valuable consideration, receipt of which is hereby acknowledged, the Grantor AV. does by these presents create, esta - 1 sh, convey an gran unto Grantee, ROLAND A. CRABTREE, his heirs, personal representatives and assigns, a perpetual easement fiirt; x'/,.V0X feet in-width for the construction,. installation and maintenance of a sewer main with necessary appurtenances, power line and access road, together with the right to make slopes and fills as may be reasonable and necessary therefor, through and across the real property owned by Grantor in King county, Washington, as more fully described on Exhibit A attached hereto and made a part hereof by this reference as though here fully set forth. Grantor further creates, establishes, conveys and grants unto Grantee a temporary easement one hundred feet in width for the use of Grantee, his agents, permittees and assigns as may be necessary to survey and construct such sewer main, which temporary easement - shall continue until and terminate upon oompletion of original con- struction of such sewer main, or on July 31, *.966, whichever first occurs. l 1979 EXMPIT - A (attached) Legal dln.pription Each right granted herein is granted without warranty or any !:i.nd s:nc~ grantor's title is in dispute. Notwithstanding any covenant herein grantor reserves the right to relocate any easement and improvement placed thereon at its own expense, (if after construction), provided a comparable easement and utility service is provided and governmental approval is secured. The said Grantee, his agents, permittees and assignees - zha?1 have the right without prior institution of any suit or pro- ceeding at law, at times as may be necessary, to enter upon said property for the purpose of 4surveying, laying out, uoribtructing, repairing, altering or reconstructing said sewer and access road or making any connections therewith, without incurring any legal obligation or liability therefor; provided that such constructing, repairing, altering or reconstructing of said sewer main shall be accomplished in such a manner that the private improvements existing in this right of way shall not be disturbed or destroyed, or in the event they are disturbed or destroyed,-they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of said easement, so long as said use does not interfere with the installation and maintenance of the sewer main and access and so long as no buildings or-structures are erected on said easement. This easement shall be a covenant running with the land and shall be binding on the Grantor's successors, heirs and assigns. V S^A'1 ' OF WASHINGTON ) ss. COtMITY OF KING I. the undersigned, a notary public in and or the state of 504 Va_-hinGton, hereby certify that o this y of .9 , personally appeared before me d and 1977 to me own to be the n viduals Ge :Crioe ~n an who execu e e foregoing instrument and acknowledged `nut they signed and sealed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. Notary pu c n n r the s e `,)TA rof kashln to , residing at Seattle All. :~.ec Deputy l it •d. • EXHIBIT A LEGAL DESCRIPTION # 3811 LEGAL DESCRIPTION OF A 30 FOOT WIDE PERMANENT EASEMENT FOR THE OPERATION AA D MAINTENANCE OF UTILITIES AND NECESSARY APPURTENANCES OEGINNING AT THE WEST QUARTER CORNER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON; THENCE ON AN ASSUMED BEARING OF NORTH 00°00'04" EAST ALONG THE WEST LINE OF SAID QUARTER SECTION TO THE NORTHWEST CORNER OF SAID SECTION; THENCE NORTH 89°35"25" EAST, 1192.05 FEET TO THE CENTER OF A FOUND SANITARY MANHOLE; THENCE DUE NORTH ON THIS BEARING SYSTEM, 5.00 FEET TO THE TRUE POINT OF BEGINNING OF AN EASEMENT, 30 FEET IN WIDTH, RUNNING THROUGH LOTS 4,5,6,9 AND 10 OF THE PARKER HOMESTEAD AS RECORDED IN VOLUME 8, PAGE 51, RECORDS OF KING COUNTY AUDITOR, LYING 15 FEET ON EACH SIDE OF THE FOLLOW- ING DESCRIBED LINE; THENCE SOUTH 84°19'59" EAST, 327.41 FEET; THENCE SOUTH 28°34'59" EAST, 250.00 FEET; THENCE SOUTH 33°19'59" EAST, 1023.00 FEET TO THE CENTERLINE OF ORAVETZ ROAD, THIS POINT BEING THE TERMINAL POINT OF THIS DESCRIPTION, SUBJECT TO A.TEMPORARY CONSTRUCTION EASEMENT 80 FEET IN WIDTH LYING 40 FEET ON EACH SIDE OF THE ABOVE CENTERLINE DESCRIPTION. y,