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Home My WebLink AboutE 8710050406 . �, � , ' � . •�' • T . t � � ' � � � � �� QRIG� � PUG� �+s�iv�r F �� ET OR UNDERGROU3VD ELECTRIC SYSTEM POL�ER Fo� and in consideration of One Dollar ($1. 00) and other valu�ble cor��ideration, the receipt of which is hereby acknowledged, . . ,, ; CiTY OF�.'FL�NTOI�Lf.r�_municipal corporation . ("Crantor," hereinJ, grants, coi�Y'eys and werrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington cor- pora1ion ("Grantes" ►�erein).,far,t}ie purposes hereinafter set forth a perpetual easement under, across and over the fol- lowirSg•described r�al prqpet'tk�(j�e "Property" herein) Ki nq County, Washington. PARCEL • -'' ` -., � s : ,. : �. . .. � T a�, �o�Xtior�,��i' Government Lot 8 lying Northerly of the Burlington Northe'rn Ra�lroad right of way; TOGETHER with that portion of O meandered Cedar River according to the Government Map of 1865, � which may have attached by operation of law; 0 Being a portion of the Southeast quarter of the Northwest quarter � of Section 22, Township 23 Northf Range 5 East; W.M. � PARCEL B: � That portion of the Burlington Northern Railroad right of way • � � adjoining the above described Parcel A. ' � ' 1� EXCISE TAX NOT REr' "��`� • Kina Co. Rec�� - � ,��---- . ��,. ., 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: A Right-of-Way ten (10) feet in width having five (5) feet of such width on each side of a center- line described as follows: The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated within the above described property. (This, easement may be superseded at a later date by a document with� a more specific legal description based on a survey furnished by the Grantor at no cost to Grantee. ) Grantor may or may not have a present interest in the real property desoribed as Parcel "B" . It is the intent of the parties to this easement that any present of after-acquired title or interest of �rant�r i*� s3id ro ert be r�e�eby encumberecl by this easement in ' full accordance wit� the terms and conditions hereof. The intent herein exprgssed is �o so encumber any after-acguired title interest � of Grantor ir espect ve of how Grantor ma acpuirg guch title or interest. 1. Purpose.Grantee shal�have the rig�t to construct,operate,maintain,rep�ir,rep[ace and enlarge an underground electrir. 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 f ' 'ties. Following the�i itial con- struction of its facilities, Grantee may from time to time construct such addition� ' ie t ma re �� ' "—•,"� . . �.�tt�$k��l� . � 2. Accesa.Grantee shall have the right of access to the Right-of-Way over and across the p�rty 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. Obatructiona;Landscaping.Grantee may from time to time remove trees,bushes,or other obstructions within the RiRht- 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'e Ute of Right-of-Wey.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 d�ggin�, tunnelin�or other forrr� �f con- struction activity shall be done on the Property which would disturb the compaction or unearth Crantee's facilities on the Right-of-Way,or endanger the lateral support to said facilities;and that no blasting shail be done within 15 feet of the Right-of- Way. S. Indecnnity.By accepting and recording this easement,Grantee agrees to indemnify and hold harmless Grantor from any and ell claima for injuries and,�or darr.ages suffs:�,a,hy any person which may ba caused by ihe Grantee's exer�ise oi�he r�ghis herein granted; provided, that Grantee ahall not be responsible to Grantor for any injuries and/or damages to any person caused by ects or omissions of Grantor. i. 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 fairure to initially install its tacilities on the Right-of-Way within any period of time from the date hereof. 7. Succeseon and Aaaigna,The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns, R-2522 KJ-AC001 8706142 ,�g�,��5 ��;��;r, a �7!l.37 1-79 �t y-L� '" j• ''�1� �_}�C��L 1�:�:`�'.f:rJ. �� .�_l � ' � � � � / � • � ' , � — DATED this ` dey oi s-�- , �9 �� , ' ,. . GRANTOR _ CITY OF FNTON, a .�,Z�?��1 _ BY co o ation � � �`-�---— Ba ara Y. ; � a r BY: � — ,- -- - ATTEST: -�DJ��G�� Maxine E, t4otor, (;�ty Clerk� STATE C3F Sr�1SHI'�'IC�T ) ) ss. OOUN'I7t OF ) _.,)��a ,y,.� i � ,�� , C� this .� day . 19,�, before me tt�e �dersi , a notary public or S�ate o Wa gton, duly conmis- sioned and sworn, personally appeared �� C�' /'PQ ra... H n a cQ ///0.Xin�m�a tn, me }Q'ia�m t�o be the_� '^' � �' a rl��,.r,'� (Y1 a y r cL��P L' � `fca �' ��e.v� HC O_�� m�n.icipal corp�ration that ted"the oreg�ing instnment and acknowledged the � � be the free and wlw�tary act and deed of said mimicipal vorporation, for the uses and purposes therein mentioned, and on oath stated that �� is suthorized to execute the said instnment, WI�SS my hand and offici.al seal heretn affisoed the day and year in this oertificate above written. ` . �L � � tc in and for the S Y te o�.�'-�_ Washingbon, resicling at r�,.,� My commission expires �-a7-�y — Approved as � form: �v--�' �+t City Att�o � �.5 22 � . � N�) 22 - Z3 -S M�p�w� � "1o� � y2 � ' � . `�-�- �c�c� � � C'��F co��-. � L3S _ �� !._�1 —1�� ---�' r�-►�i� v _`'G _�_ tv � .�• �� I � � �r a �� _ � / 11 ! , �` . � �. �; c �` ' f ti`� SO / � ��\ // I .�/ r � � / . ' '�' �/ ' "`� � � ., �' �`` \ � / �±� . , F � . f ` � + �. � .+� •, '� - • ':`�� -� . � ° o � .. ' `� E m 'h,�, ' ,,� . 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