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HomeMy WebLinkAboutSP-Exceptions 036a_6184982UTILITY EASEMENT The undersigned Grantor s, their heirs, successors and assigns (hereinafter together referred to as "Grantor s"), for and in consideration of the sum of SEVEN HUhDRL'D SIXTY & NO/100 and other valuahl e, eznrjc,,, ,, . _---L---Liu I I a r s t + ...-�u♦.1V11, moue receipt of which iserFi eby acknowledged, hereby convey and grant to the MLTIjIOIPALITY OF METROPOLITAN SEATTLE, its successors:r_d a;, iq.l; a y -- aethe,• referre6 to a c "'�;ULNICIPALITY" _ (he�Einaf te� �o- �� proparty: �. lrom the following described Parcel A. Goverrunent Lot 13, Section 24, Township 23 I�orth, Range 4 East, W.M., in King County, Washington, Parcel B. The north 340 feet of the east 438.9 feet of i"znry P•.'eaders Donation Clair 4E0 a permanent easement over, across, along, ir, upon and under the following described portion of the above -described property: The easterly 15 feet of the most westerly 22-1/2 feet of said Government Lot 13, ALSO, a strip of land 15 fee* in width lYi-^.g easterly of and adjoining a �__t 02 =et as�eliy or and parallel with the easterly�line �of/theenorth- west quarter of the southeast quarter of said Section 24 ex- tended southerly in a straight Line through the north 340 feet'of the east 438.9 feet of the Henr M d - s Donation Claime JUN 5-19�7 y .ea .ei said easement being for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing and using a ewer trunk line with all connections, manholes and appurtenances thereto$ together with the right of ingress to and egress from said described property for the foregoing purposes. Grantor s do_ further convey and grant to the b1UA'ICI- PALITY a temporary construction easement for alY purposes during cc==aatiiCtiOii vi the said facilities over, across, along, in, upon and under the following described property, together with the right of ingress to and egress from said described property for the foregoing purposes, sai.n easement to con.:en_ce on the date �- of this instrur,-otent and to terrr;inate on the date actual use of said _D easement area shall terminate or upon _ ;rt�nP 30 15 68, Op whichever shall first occur: All that porn .:: of the ebc-,•e-aE<;cribe� property ling westerly of the pe- jaa_:_ ;1L ease_.:_r.ts �eSCr1:Je 1 ai;ove; tiLSO a strip of lar.? 50 feet in ��idth lying casterl, of and admjoining the easterly line of the permanent easements described above, The Grantor s hereby and the P-IUNICIPALITY, by accepting an�i recording this easement, mutually covenant anr7 agree as follows: 1e r1UNICIPALZTY shall upon completion of any initial con- struction of any facilities described herein and before the ter- mination of the above -described temporary construction easement remove all debris and restore the surface of the above -described property as nearly as possible to the condition in which it ex- isted at the date of tnis agreement. 2. MUNICIPALITY shall, if the above -described property is disturbed by the maintenance, removal, repair or replacement of the facilities specified herein, restore the surface of the above - described property as nearly as possible to the condition in which it existed at the commencement of said maintenance, removal, re- pair or replacement. 3. MUDIZCIPALZTY shall protect and save harmless Grantors from and against any and all claims, demands, loss, damage, ex— pease and liability of every kind and description and for any damage to or loss or destruction of property whatsoever suffered by Grantor s, their heirs, successors and assigns, or by any persons, firr..s or corporations, because of the construction and/or maintenance of said facilities. . - 2 - :1UN 5-19�' 4. All right, title and interest which may be used and en- joyed without interfering with the easement rights herein con- veyed are reserved to the Granto,- s. The construction, install- ation or maintenance, after the date of this agreement, however, of structures of a permanent nature within tha ahn_i,a_r7c� 1 ea_ permanent easement area at any time or within the temporary con - easement area until such temporary construction ease- ment shall have been terminated shall be deemed an interference with said easement rights and as to such structures the provisions of Paragraphs 1, 2 and 3 shall not apply. C5. Payment for the temporary construction easement herein �- granted shall be made at the rate of FOUR HUNDRED AND 14011100 ..,---------------------------------------- Dollars ($ 400 00 ) per ^_ year or fraction thereof that said temporary construction easement area is in actual use by MUNICIPALITY. The term "actual use" as used herein shall be con- strued to include only the period from the start. of construction of said sewer line in the above -described temporary construction easement area until complPtio.n thereof, including reconstruction and restoration of improved areas. 6. MUNICIPALITY shall repave any portion of the roadway presently existing in the easement area described above which is damaged or destroyed by .•iUNICIPALITY'S construction or use of the area. 7. Work in the above -described easement area shall not be commenced until 90 days after the date of this instrument but may be commenced at any time after said 90-day period. a' ���� ���� METRO INDUSTRIAL DSSTRICT ZidCOP.PORATED a Washington Corporation // d ram/ • • /� • �/- la D. Va ifterde qL N. Van Nberden ' i Approved by: OLD DiA�IObiAL BAA� OF �.BiiIN(3TON � A Title Assignee of Elna M. Van. Moerden's interest in real estate contract to Metropolitan Industrial District, Inc. for security purposes. :JUG 5-19F7