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Home My WebLink About2016-20160609001569+EASr RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department (AEM) PO Box 97034 / EST -06W Bellevue, WA 98009-9734 40 PUGET SOUND ENERGY 1III I 111111111111111111111111111111111111 20160609001 69 PUGET SOUND EN EAS 76.00 PAGE -001 OF 004 06/09/2016 15:46 KING COUNTY, IJA EASEMENT REFERENCE #: ORIGI HA GRANTOR (Owner): WESTON HEIGHTS, LLC GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of SW 114 Sec. 11, Twp. 23 N., Rng. 05 E., W.M., K.C. ASSESSOR'S PROPERTY TAX PARCEL: 112305-9010,112305-9092 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, WESTON HEIGHTS, LLC, a Washington 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 properly (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 PSE's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: EASEMENT N0. 1: ALL STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT NO. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS AND ROAD RIGHTS-OF-WAY. EASEMENT NO. 3: AN EASEMENT AREA 5 FEET IN WIDTH HAVING 2.5 FEET OF SUCH WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF ALL ALLEYWAYS AND PRIVATE DRIVES. 10'-5'-5' Plat Easement 2D13 WO# 1 0508081 2 1 RW -096493 / Weston Heights Page 1 of 4 /� King Co. Records 20160609001569.001 20160609001569.002 EASEMENT NO. 4: AN EASEMENT OVER THE ABOVE DESCRIBED PROPERTY FOR VAULTS, PEDESTALS AND RELATED FACILITIES ADJACENT TO EASEMENT AREAS N0. 2 AND 3. THE VAULT EASEMENT MAY OCCUPY UP TO AN ADDITIONAL 5 FEET IN WIDTH (FOR A TOTAL WIDTH OF 10 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXTENDING 5 FEET FROM EACH END OF THE AS -CONSTRUCTED VAULT(S). 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 gas and electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; pipes, pipelines, mains, laterals, conduits, regulators, gauges and rectifiers for gas; 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. Fallowing 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. 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 PSE's sole judgment, interfere with or create a hazard to PSE's 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 Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (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 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 Owner's use of the Property. 5. Owners 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. G. 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, r'iglits 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. 7. 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. 10'-5'-5' Plat Easement 2013 WO# 105080812 / RW -096493 I Weston Heights Page 2 of 4 8. 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. DATED this �- day of �2014� OWNER: WESTON HEIGHTS, LLC, a Washingtgq limitqdffa_ ty company By: Its: Chief Finarlicial Officer STATE OF WASHINGTON ) ) SS COUNTY OF ' w y On this �� day of C 1�M'iA- 20 I (47 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jeffery E. Hamilton to me known to be the person(s) who signed as Chief Financial Officer of WESTON HEIGHTS, LLC, the Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be his 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 was authorized to execute the said instrument on behalf of said limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Notary Public State of Washington TANYA M BUSHAW My Appointment Expires Aug 16, 2019 Notary seal. text and all notations must Oe inside V margins 10'-5'-5' Plat Easement 2413 WO# 105080812 / RW -096493 ! Weston Heights Page 3 of 4 re of Ta &.- A • � or stam ame of Notary) stiCt-V') 40TA PUBLIC in and for the State of Washington, residing at W My Appointment Expires: R) t tP t T— 20160609001569.003 20160609001569.004 EXHIBIT "A" PARCEL A: LOT A OF KING COUNTY SHORT PLAT NUMBER 175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 100 FEET OF THE WEST 267.96 FEET THEREOF. PARCEL B: THE NORTH 100 FEET OF THE WEST 267.96 FEET OF LOT A OF KING COUNTY SHORT PLAT NUMBER 175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY WASHINGTON. 10'-5'-5' Plat Easement 2013 WO# 1 0508081 2 1 RW -0964931 Weston Heights Page 4 of 4