Loading...
HomeMy WebLinkAbout2009-20090129000824+EASRETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department PO BOX 90868 EST -06W BELLEVUE, WA 98009 K. MCGILL 200901 PUGET SOUND EN 01% 8102009 12311 KING COUNTY, WA ORIGINAL EASE ,ENT d. . `.r is REFERENCE #: GRANTOR: ROBERT A. JOHNSEINE GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: SW11-23N-05E ASSESSOR'S PROPERTY TAX PARCEL: 112305.9092 Cryo? 44.00 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, ROBERT A. JOHNSEINE, A SINGLE MAN ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, along, across and through the following described real property ("Property" herein) in KING County, Washington: SEE EXHIBIT `A' ATTACHED HERETO AND BY THIS REFERENCE MADE A DART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: THE WEST 10 FEET OF THE ABOVE DESCRIBED REAL PROPERTY. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Poles, towers and other support structures with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber, optic cable and other lines, cables and facilities for communications; transformers, street lights, 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, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right 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. Trees Outside Easement Area. Grantee shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in Grantee's sole judgment, interfere with or create a hazard to Grantee's systems. Grantee shall, prior -to the exercise of such right, identify such trees and make a reasonable effort to give Grantor prior notice that such frees will be cut, trimmed, removed or disposed of (except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are cut, trimmed, removed or otherwise disposed of in response to emergency conditions). Grantor shall be entitled to no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of merchantable timber (if any) cut and removed from the Property by Grantee. 4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. OH Electric Easement 10/2003 101054103 - PLEASANT PATH RW -071724 Page 1 of 3 AX NOT REQgqp7 Oo. J 5. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive -years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the E=asement Area within any period of time from the date hereof. 7. Successors and Assigns. Grantee 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 inure to the benefit of and be binding upon their respective successors and assigns q� ,c DATED this day of V _20 GI 13` STATE OF WASHINGTON ) ) SS COUNTY OF } On this day of a✓ _, 209K, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn r anally appeared ROBERT A. JOHNSEINE to me known to be the individual(s) who executed the within and foregoing instrument, and acknowledged that A C. signed the same as �S free and voluntary act and deed, for the uses and purposes therein mentioned. written. GIVEN UNDER my hand and official seal hereto affixed the day and year in this certificate first above PW* $110 of M"110100 L010A A DAMW My AnOft"t FxPht Jul 27, 2012 OH Electric Easement 1012003 101054103 — PLEASANT PATH RW -071724 Page 2 of 3 ` \ ( gnature of Notary) (Print or stamp n me of Notary) NOTARY PUBLIC in and or the State of Washington, residing at / My Appointment Expires: a EXHIBIT `A' THE NORTH 100 FEET OF THE WEST 269.96 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST QUARTER OF SAID SUBDIVISION, THENCE SOUTH 00°16'11" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 329.77 FEET, THENCE NORTH 87054'24" WEST 525.15 FEET TO THE EAST LINE OF THE WEST 130 FEET OF SAID SUBDIVISION, THENCE NORTH 000 17'36" EAST ALONG SAID EAST LINE 87.84 FEET TO THE NORTH LINE OF THE SOUTH 414 FEET OF SAID SUBDIVISION, THENCE NORTH 87054'24" WEST ALONG SAID NORTH LINE 100.03 FEET TO THE EAST LINE OF WEST 30 FEET OF SAID SUBDIVISION, THENCE NORTH 01017'36" EAST ALONG SAID EAST LINE 244.5 FEET TO THE NORTH LINE OF SAID SUBDIVISION, THENCE NORTH 87040'54" EAST 624.96 FEET TO THE POINT OF BEGINNING, ALSO KNOWN AS A PORTION OF LOT A, KING COUNTY SHORT PLAT NO. 175040, RECORDED UNDER RECORDING NO. 7503280518, RECORDS OF KING COUNTY, WASHINGTON. 101054103 - PLEASANT PATH RW -071724 PAGE 313