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HomeMy WebLinkAbout20200805001973 EASEMENT Instrument Number: 20200805001973 Document:EAS Rec: $111.50 Page-1 of 9 Record Date:8/5/2020 4:10 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY PATRICL , �S RETURN ADDRESS: Puget Sound Energy, Inc. Attn:ROW Department(EY) PO Box 97034 I EST-06W Bellevue,WA 98009-9734 • PSE PUGET SOUND ENERGY EASEMENT REFERENCE #: GRANTOR (Owner): CITY OF AUBURN GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion SE Sec 6,T21N, R5E, W.M., King County,WA ASSESSOR'S PROPERTY TAX PARCEL: 000100-0081 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF AUBURN, a Washington municipal corporation("Owner" herein), hereby grants and conveys to PUGET SOUK 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: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSEs rights shall be exercised upon that portion of the Roperty ("Easement Area"herein) described as follows: SEE EXHIBITS"B"AND"B1"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. With the exception of emergencies,PSEwill provide Grantor five(5)working days advance written notice prior to such work.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. 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. PSE Easement 2014 WO#101085214,RW-114294 Page 1 of 9 Instrument Number: 20200805001973 Document:EAS Rec: $111.50 Page-2 of 9 Record Date:8/5/2020 4:10 PM King County, WA 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 PSEs sole judgment, interferew ith or create a hazard to PSEs 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 Ow ner prior notice that such trees w ill be cut,trimmed, removed or disposed. Ow ner shall be entitled to compensation for the actual market value of merchantable tinter (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 PSEs w ork to the condition existing irrrnediately prior to such w ork,unless said w orkw as done at the request of Ow ner,in which case Ow ner 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 PSEs w ork and shall be coordinated with Ow ner so as to cause the minimum amount of disruption to Ow ner'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, how ever,Ow ner shall not excavate within or otherwise change the grade of the Easement Area or constructor maintain any buildings or structures on the Easement Area and Ow ner shall do no blasting within 300 feet of PSEs facilities without PSEs prior written consent. 6. Indemnity. PSE agrees to indemnify Ow ner from and against liability incurred by Ow ner 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 Ow ner for that portion of any such liability attributable to the negligence of Ow ner or the negligence of others. 7. Termination. The rights herein granted shall continue until such tine 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 PSEs failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherw ise 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. PSE Easement 2014 WO#101085214,RW-114294 Page 2 of 9 Instrument Number: 20200805001973 Document:EAS Rec: $111.50 Page-3 of 9 Record Date:8/5/2020 4:10 PM King County, WA DATED this I' ' day of,�,.._,.\e ` _ 20.2..a . OWNER CITY OF AUBURN, a Washington municipal corporation By: A . ► _11&4_, _:-A. . Printed Name:111 '► ` , t. _ Its: Mtt► or --_ P STATE OF WASHINGTON ) SS COUNTY OF\`. nc` ) On this a. \ day ofk , at?,n, before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn, personally appeared 'CticArt 3c-c- u\t. s _ , to me known to be the person(s)who signed as -��--1c�3,__ 0 1` of CITY OF AUBURN, a Washington 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. .�`��l►K C A'MA�►��� "s�`j�c- -� `�'� c�-'.^^ (�Ls-fit S�,. '' 'h k�• (Ir / (Signature of Notary) If '; 1A4. fir S y ~ 4„"i i ��cz_��-.,eN �� Wit. p b c.\\ 156701 (Print or stamp name of Notary) N � A '& 2 •� I A ti i✓eV ,tom_. NOTA Y PUBLIC in and for the State of Washington, residing ii, 4k t ,,,+e'0 ...; at y,,c�),,\-e �r7 , I. J._O i\ `/'f fON AS• �` My Appointment Expires: cAv,,t ';-JC-t,/ aQ....,(,‘ Notary seal,text and all notation s m ust be inside 1"margins i • PSE Easement 2014 WO#101085214,R W-114 294 Page 3 of 9 Instrument Number: 20200805001973 Document:EAS Rec: $111.50 Page-4 of 9 Record Date:8/5/2020 4:10 PM King County, WA EXHIBIT "A" LEGAL DESCRIPTION APN: 000100-0081 That portion of the William H. Brannan Donation Land Claim No. 37, In Section 6,Township 21 North,Range 5 East,W.M.,in Feng County,Washington,described as follows: Beginning at a point South 0°59'00" East 157.60 feet from the Northwest corner of said donation claim; Thence North 89°19'00" East 1,117.00 feet to the true point of beginning; Thence North 89°19'00" East 1083.10 feet to the West bank of the Green River(formerly "White River"); Thence along said West bank South 17°24'00" West 59.50 feet; Thence South 6°48'00"West 242.70 feet; Thence South 1°25'00"West 184.50 feet; Thence South 17°53'00" East 153.10 feet; Thence South 6°28'00"East 260.00 feet; Thence South 12°25'00" East 298.90 feet; Thence South 89°19'00" West 1,148.30 feet,more or less,to a point from which the true pint of beginning bears North 0°59'00" West; Thence North 0°59' 00"West 1,183.69 feet,more or less,to the true point of beginning; Except those portions thereof conveyed to Feng County for John Reddington Co.Road by deeds recorded underAuditor's file numbers 2776025 and 2776026; And,except portion,if any, lying within 26th Street Northeast(Also known as South 303rd Street); And except that portion described as follows: Commencing at the Northwest corner of said Donation Claim No. 37; Thence North 89°19' East along the North line thereof,1,117 feet; Thence South 0°59' East, parallel to the West line thereof,728.6 feet to the point of beginning; Thence South 0°59' East 612.27 feet; Thence North 89°17'14" East 505 feet; Thence North 0°41' West 553.415 feet; Thence North 11°23'23" West 60.00 feet; Thence Westerly along a curve to the right,the radius of which is equal to 538.42 feet through a central angle of 10°42'23", a distance of 100.61 feet; Thence South 89°19'West 220 feet; Thence westerly along a curve to the left,the radius of which is equal to 336.345 feet through a central angle of 13°33'51" a distance of 79.63 feet; Thence South 75°45'09" West 9.505 feet; Thence westerly along a curve to the right,the radius of which is equal to 336.345 feet through a central angle of 13°33'51" a distance of 79.63 feet; Thence South 89°19' West 10.00 feet to the point of beginning.(Being known as Great Western Addition Division No. I) And being the same as described in Warranty Deed recorded under Recording Number 7111010246, records of Feng County. PSE Easement 2014 WO#101085214,RW-114294 Page 4 of 9 Instrument Number: 20200805001973 Document:EAS Rec: $111.50 Page-5 of 9 Record Date:8/5/2020 4:10 PM King County, WA EXHIBIT B LEGAL DESCRIPTION OF EASEMENT PORTION OF TAX LOT NO. 000100-0081 THAT PORTION OF THE WILLIAM BRANNAN DONATION LAND CLAIM NO. 37, SITUATE IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: A STRIP OF LAND, 5.00 FEET IN WIDTH, 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE 1: COMMENCING AT A POINT ON THE SOUTH LINE OF THE NORTH 157.60 FEET OF SAID WILLIAM BRANNAN DONATION LAND CLAIM NO. 37, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 123 OF THE PLAT OF RIVERPARK ESTATES, RECORDED IN VOLUME 121 OF PLATS, PAGES 97-100, RECORDS OF KING COUNTY; THENCE S 89°02'26" E ALONG THE SAID SOUTH LINE FOR 4.75 FEET; THENCE S 19°44'12" W FOR 25.43 FEET; THENCE S 19°16'42" W FOR 39.00 FEET TO THE BEGINNING OF A TANGENT CURVE HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID TANGENT CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 56°59'11", FOR AN ARC LENGTH OF 9.95 FEET; THENCE S 37°42'29" E FOR 74.02 FEET TO THE BEGINNING OF A TANGENT CURVE HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID TANGENT CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 40°29'14", FOR AN ARC LENGTH OF 7.07 FEET; THENCE S 02°46'45" W FOR 20.34 FEET TO A POINT IDENTIFIED AS POINT"B" AS RECORDED UNDER AUDITOR'S FILE NUMBER 20130627001195, SAID POINT HEREINAFTER REFERRED TO AS POINT 1, ALSO BEING THE TRUE POINT OF BEGINNING OF SAID CENTERLINE 1; THENCE CONTINUING S 02°46'45" W FOR 142.39 FEET; THENCE S 07°25'21" W FOR 141.93 FEET; THENCE S 16°12'38" E FOR 210.50 FEET; THENCE S 05°21'39" E FOR 127.58 FEET; THENCE S 00°51'26" W FOR 230.23 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 2; e tk �i C- PROJECT NO: 1005482 PREPARED BY SRW DATE: 06/29/2020 (REV. 3) SURVEY & MAPPING (SHEET 1 OF 2) 13221 SI.26TH STREET,SUITE A,BELLEVUE.WA 98005 TEL(425)746-3200 WWW.APSSM COM PSE Easement 2014 WO#101085214,RW-114294 Page 5 of 9 Instrument Number: 20200805001973 Document:EAS Rec: $111.50 Page-6 of 9 Record Date:8/5/2020 4:10 PM King County, WA THENCE CONTINUING S 00°51'26"W FOR 115.55 FEET; THENCE S 25°35'32" W FOR 31.51 FEET; THENCE S 66°32'47" W TO THE NORTH MARGIN OF 26TH STREET NE FOR 50.14 FEET, MORE OR LESS, TO THE TERMINUS OF SAID CENTERLINE 1. THE SIDELINES OF SAID STRIP OF LAND ARE TO BE TERMINATED OR SHORTENED TO BEGIN OR END ON THE NORTH MARGIN OF 26TH STREET NE AND TO MEET AT ANGLE POINTS. CONTAINING 5,128 SQUARE FEET, MORE OR LESS. TOGETHER WITH A STRIP OF LAND, 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE 2; COMMENCING AT THE AFORESAID POINT 2; THENCE N 89°08'34" W FOR 7.50 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE 2; THENCE S 00°51'26" W FOR 115.00 FEET TO THE TERMINUS OF SAID CENTERLINE 2. CONTAINING 1,150 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS THE WASHINGTON STATE PLANE COORDINATE SYSTEM (NORTH ZONE), NAD 83(91). /ZQf2o2 tSEL . i� qd lag i LS 52843 '14 �qrOIST VP/ ui. Law J (� PROJECT NO: 1005482 d PREPARED BY SRW DATE: 06/29/2020 (REV. 3) _ SURVEY & MAPPING (SHEET 2 OF 2) 13221 S .26TH STREET,SUITE A,BELLEVUE,WA 98005 TEL(425)T46-3200 WWW.APSSM.COM PSE Easement 2014 WO#101085214,RW-114294 Page 6 of 9 Instrument Number: 20200805001973 Document:EAS Rec: $111.50 Page-7 of 9 Record Date:8/5/2020 4:10 PM King County, WA i EASEMENT EXHIBIT B1 SE 1/4 SEC. 06, T21 N, RO5E, W.M. SW COR.OF LOT 123 OF RIVERPARK ESTATES VOL. 121-PGS 97-100 �L1 Curve Table — L2-4--;/ Curve Length Radius Delta ! SOUTH LINE OF THE # g ///' NORTH 157.00'FEET OF r ,/ THE W.BRANNON DLC Cl 9.95' 10.00' 56'59'11" /, /i I/ NO.37 C2 7.07' 10.00' 40'29'14" / Line Table // L3 I Line # Direction Length C1 ; L1 S89'02'26"E 4.75' L2 519'44'12"W 25.43' \ '- L3 S1916'42"W 39.00' \ \\\. , L4 S37'42'29"E 74.02' ' ,, \. L5 52'46'45"W 20.34' \ L4 VAS, \ ,'\\\ j L6 S2'46'45"W 142.39' \ \\\ N \\\��-C2 \ Y L5 \vv I i i POINT"B"PER AFN: \I: i 201306270010195 `sty . •• H•••u q„ T.P.O.B.CENTERLINE 1 ts NIS R. g•. HEREINAFTER KNOWN AS POINT 1 I y �,of W IA. :. t.AND MATCHLINE N z L/�� w r 10 Q4 I .\• LS 52813/ i W , 10 'f,.—L6 0-9/2-0zo ( 1 0 20' 40' Ij�w . SCALE: 1"-=40' PROJECT NO: 1005482 v G .` PREPARED BY SRW DATE: 06/29/2020 (REV. 3) SURVEY & MAPPING (SHEET 1 OF 3) 13221 S.E.26TH STREET,SUITE A,BELLEVUE,WA 98005 TEL (425)746-3200 WWW APSSM.COM PSE Easement 2014 WO#101085214,RW-114294 Page 7 of 9 1 Instrument Number: 20200805001973 Document:EAS Rec: $111.50 Page-8 of 9 Record Date:8/5/2020 4:10 PM King County, WA I • EASEMENT EXHIBIT BI SE 1/4 SEC. 06, T21N, RO5E, W.M. L._ _ __ -. _._ ._ ______ T.P.O.B.CENTERLINE 1 MATCHLINE HEREINAFTER KNOWN AS POINT 1 L7&L8 ' AND MATCHLINE i \ I- I Z i ` WI \ Li ill l so 1 in L6 Lr, 0 \ I V N rN I � -.41t I 1 L8 Line Table Line # Direction Length \ 0 20' 40' SCALE: 1"=40' I L6 S2'46'45'W 142.39' L7 S7'25'21"W 141.93' \ IL8 S16'12'38"E 210.50' L9 S5'21'39"E 127.58' \ ; L7 MATCHLINE oir L8&L9 (co/ * 14t),9%. 4d tilp �� / I I 1 .‘t.,......,t, LS 52843 ; ('0 2-1 2.02,0 \ MATCHLINE s ' i L7&L8i Ci a 1-.'4' X^ PROJECT NO: 1005482 SURVEY & MAPPING PREPARED BY SRW Except;on al Service rias No 5c•..n:73es 13221 S.E.26TH STREET,SUITE A,BELLEVUE,WA 98005 DATE: 06/29/2020 (REV. 3) (SHEET 2 OF 3) TEL:(426)746-3200 WWW APSSM.COM PSE Easement 2014 WO#101085214,RW-114294 Page 8 of 9 Instrument Number: 20200805001973 Document:EAS Rec: $111.50 Page-9 of 9 Record Date:8/5/2020 4:10 PM King County, WA EASEMENT EXHIBIT B1 SE 1/4 SEC. 06, T21 N, RO5E, W.M. MATCHLINE MATCHLINE 1\\_L10 L8&L9 L1O&L11 I I I I I I T.P.0.8.CENTERLINE 2 I I Line Table HEREINAFTER g Line # Direction Length /KNOWN IL9 L9 S5'21'39"E 127.58' 5' !` AS POINT 2 D , 15,`1 �L14 Vtir L10 50'51'26"W 230.23' I I z w N 2 I L11 S0'51'26"W 115.55' I w ei + --1 L12 525'35'32"W 31.51' Iw L13 S66'32'47"W 50.14' L14 N89'08.34"W 7.50' IL in L15 S0'51'26"W 115.00' I L11 I I L15�` 40' °I" .rr rrnn. II ELrrr'"R" � nm "" SCALE: 1"=40' R .t i j 42 I I 5'' CENTERLINE 1 LS 52843 1�" yrs L12 2-9 202,D 'L13 26TH STREET N.E. MATCHLINE- I I L10 L10&L11 µ',_1 • r KZ':"r 12 t PROJECT NO: 1005482 ' SURVEY & MAPPING PREPARED BY SRW -zc:;rt:ona1 Sa:v.ce 'la: No Bc:undories 13221 S.E.26TH STREET,SUITE A,BELLEVUE,WA 98005 DATE: 06/29/2020 (REV. 3) (SHEET 3 OF 3) TEL:(425)746-3200 WWW.APSSM.COM PSE Easement 2014 WO#101085214,RW-114294 Page 9 of 9