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HomeMy WebLinkAboutSP-Exceptions 106_2016083000068620160830000686.001 Puget Sound Energy, Inc. Attn: ROW Department (AEM) PO Box 97034 1 EST-06W Bellevue, WA 98009-9734 11111111111111111111111111111111 28160830880686 PUGET SOUND EN EAS 77.00 KING COUNTY, WA aaE 50puty ED * PUGET SOUND ENERGY Amber LeIs EASEMENT ORIGI NAL REFERENCE #: GRANTOR (Owner): RYAN-GHC TWO, LLC GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of NW & NE 114 Sec. 25, Twp.23 N., Rng. 04 E., W.M., K.C. ASSESSOR'S PROPERTY TAX PARCEL: 088670-0100, 088670-0090, 088670-0160, 088670-0180 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, RYAN-GHC TWO, LLC, a Delaware limited liability company ('Owner' herein), hereby grants and conveys to PUGET SOUND 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: LOTS 16A, 18A AND TRACT I, CITY OF RENTON LOT LINE ADJUSTMENT LUA15-000850-LLA, VOLUME 336, PAGE 297, RECORDED UNDER RECORDING NUMBER 20151224900008, RECORDS OF KING COUNTY, WASHINGTON; AND LOT X OF CITY OF RENTON LOT COMBINATION NO. LUA16-000070, RECORDED UNDER RECORDING NUMBER 20160420000041, IN KING COUNTY, WASHINGTON. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: AN EASEMENT OVER THE ABOVE DESCRIBED PROPERTY FOR VAULTS, PEDESTALS AND RELATED FACILITIES ADJACENT TO EASEMENT AREAS AS SET FORTH UNDER THE OVERHEAD AND UNDERGROUND ELECTRIC EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 8602140883. ALL AREAS LOCATED WITHIN A 5 FOOT PERIMETER OF THE EXTERIOR SURFACE OF ALL GROUND MOUNTED VAULTS AND TRANSFORMERS AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED PROPERTY. (This Easement Area description may be superseded at a later date by a document containing a specific legal description of the Easement Area based on a survey provided by the Grantor at no cost to the Grantee.) UG Electric Easement 2013 WO# 150803201 RW-0952031 Longacres Bldg C & D Page 1 of 3 1� 20160830000686.002 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. 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. 3. Restoration. Promptly following initial installation, or any repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner 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 PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owners use of the Property. 4. 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, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. 5. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner 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 Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 6. Termination. The rights herein granted shall continue until such time 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 PSE's failure to install its systems on the Easement Area. 7. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise 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. UG Electric Easement 2013 WOs 15080320 / RW-095203 / Longacres Bldg C 8 D Page 2 of 3 20160830000686.003 OWNER: RYANGHC TWO, LLC, a Delaware limited liability company By: RYAN RENTON, LLC, a Delaware limited Iia4Alfy company Its: Managing By: Print Name: J11P70l Its: &f d{o?i STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) On this 1L day of HUC, US r , 20&, before me, the undersigned, a Notary Public in ano fof_ the Stpte of Minnesota, duly commissioned and swom, personally appeared 'i/NOT/1,e c✓✓1 to me known to be the person(s) who signed as �i If �_ ewT of RYAN RENTON, LLC, a Delaware limited liability company, in its capacity as managing member of RYANGHC TWO, LLC, the Delaware limited liability company 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 limited liability company for the uses and purposes therein mentioned; and on oath stated that he I e as authorized to execute the said instrument on behalf of said limited liability company. IN WITNESS WHEREOF I have hereunto set JUDY A. HERMANSDN � � Notery PubllaM�I�35O� MY CanmUsbn exDi Notary Hal, bq end all notations mmt ee inside l"margins official seal the day and year first above written. S0,44 K N"'mr, 14✓1 Sa 1 (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Minnesota, residing at T%at IL> t-4 0,11LIn f-.A My Appointment Expires: 1131 /7e ze) UG Electric Easement 2013 WO# 15080320 / RW-095203 / Longacres Bldg C & D Page 3 of 3 4" 20160830000686.004 CONSENT & SUBORDINATION The undersigned, as Beneficiary of the Construction Deed of Trust, Assignment of Leases and Rents, Assignment of Contracts, Security Agreement, and Fixture Filing recorded as Document No. 20151211001282 with the King County Recorder covering the premises described in the Easement to which this Consent is attached and made a part thereof, hereby consents to said Easement and agrees that said Deed of Trust will be subordinate thereto. BREMER BANK, NATIONAL ASSOCI ON By: — Its: STATE OF ffij ) )Ss. COUNTY OF OtAf.: ) I,. the undersigned a Notary Public in and for said County, in the State aforesaid, do hereby certify that , /on; L• Ziti /�✓�' of Bremer Bank, National Association, a national banking association, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument on behalf of said association. i Given under by hand and official seal this �� t day o My Commission expires: I — .3 1 - I 1 . �ut� MARILYN T. BURLINGAME NOTARY PUBLIC - MINNESOTA u __MY_COMM13alon Exgrea Jan. 31.2017 20160830000686.005 CONSENT & SUBORDINATION The undersigned, as Beneficiary of the Construction Deed of Trust, Assignment of Leases and Rents, Assignment of Contracts, Security Agreement, and Fixture Filing recorded as Document No. 20151211001282 with the King County Recorder covering the premises described in the Easement to which this Consent is attached and made a part thereof, hereby consents to said Easement and agrees that said Deed of Trust will be subordinate thereto. STATE OF ) ss. COUNTY OF ) I,. the undersigned, a Nota u lic in and for aid Cou t ��i {{ the $tat aforesaid do hereby certify that kleve.* �Wp '�U�fiP tat MIDFIRST BANK, a federally chartered savings ass ation, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument on behalf of said association. Given under by hand and official seal this day of ✓Z 2016. My Commission expires: A1401ho 074 Notary Public ADRIANA MOLDOVAN Nob POIC•SeledAebm MARICOM COUNTY CoCadnLvNn 2iom