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HomeMy WebLinkAboutL_Easement_170518_v1.pdfC ORIGINAL &"[ CET EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM APOMWR For arra in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, STRADA DA VALLE, a Washington General Partnership ("Grantor" herein). grants. conveys and warrants to P1IGF:T SOUND POWER & LIGI IT CONIPANY, it Washington cor- poration ("Grantee" herein), for the purposes 1wrein:after set .`:arch a perpetual easement under, across and over the fol- lowing descrhed real property (Itte ..Property,, herein) -KJ99 County, Washington. That portion of the Northwest quarter of the Northeast quarter of Section 30, Township 23 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the West margin of Primary State Highway No. 5, as established by deed recorded under Recording Number 5376810, and lying Easterly of the East margin of the East Valley Highway; EXCEPT the Northerly 100 feet thereof. RHCFE : ?. tl0 CASHSL 55 Except as many he utlter%vise set forth herein Grantee's rights shall he exercised upon that portion of the Property (the "Right - of 'A'av" 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, lying - _ b n C within the above described Property. - 0 iE Er tom; 1. Purpose. Granter- shall have the rikht to construct, operate, maintain, repair, replace and enlarge an underground electric 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 grotind mounted facilities. Following the initial con- struction of its facilities. Grantee may from time to time construct such additional facilities as it may require. z. Access. Grantee shall have the right of access to the Right -of -Way over and across the Property 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. Obstructions; Landscaping. Grantee may from time to time remove trees, bushes, or other obstructions within the Right - of -Way and may level and grade the Right -of -Way to the extent reasonably necessary to carry out the proposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall. to the extent reasonably practicable, restore the Itight>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 he placed thereon which would he unreasonably expensive or impractical for Grantee to remove and restore. 4. Grantors Use of Right -of -Way. Grantor reserves the right to use the Right -of -Way for any purpose not inconsistent with the right; 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 digging, tunneling or other form of con- strnr:fian activity shall he done on [Fie Property which would disturb the compaction or unearth Grantee's facilities on the Right-of-way, or endanger the lateral support to said facilities; and that no blasting shall be done within 15 feet of the Right -of - Way. S. indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims far iniuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the rights herein granted; provided, that Grantee shall not be. responsible to Grantor for any iniuries and/or damages to any person caused by acts or omissions of Grantor. 6. Abandonment. t'he rights herein granted shall continue until such time as Grantee ceases to use the Right-of-Wav for a period of five (5i successive years, in which event this easement shall terminate and all rights hereunder shall revert to Gran- tor, pmvided that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its facilities on the Right -of -Way within any period of time from the date hereof. 7. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors ;and assigns. 9007324 KJ-AC001 235-117 & 118 r -- -- - DATED this day of 0 GRANTOR STRADA DA VALLL V B y -. Qlrl—� q By;_ STATEOF WASHINGTON ) ) ss. COUNTY of KIING ) on this Z ! day of 0e4 , 19__%L, , before me, a Notary Public in and for he Skate of W sh'ggton, duly commissioned and sworn, personally appeared to me known to ke the paz tnerf of STEADA D A VALLE a general partnership, who executed the within and foregoing instrument:y'. --GZII:�I�CiRPfj t-hn said instrument to be free and voluntary act and deed as for the uses and purposes therein mentioned. > WITNESS my hand and official seal the: day and year in this certificate ' J above written. Nata y Public In and for Stat f" STATEOFWASHINGTON ) Washington, residing at 5s My COMMission expires ,�-r-s — •i' +_;,.� ��'f ?, COUNTY OF ) On this day personally appeared before me i to me known to be the individual — described in and who executed the within and foregoing instrument. and acknowledged that + {� signed the same as free and voluntary art and deed for the uses and purposes therein mentioned. © GIVEN under my hand and official seal this day of 7fl Q7 Notary Public in and for the State of Washington. [7` residing at My Camt.i.ssion l>cpi res STATE OF NASI iIMGTON ) SS COUNTY OF ) On this day personally appeared before me to me known to be the individual — described in and who executed the within and foregoing instrument. and acknowledged that signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of SPATE OF SVASI-IINGTON ) SS COUNTY OF ) On this day of Notary Public in and for the State of Washington, residing at rly Camt_issi.on Expires 119 CORPORATE ACKNOWLEDGMENT l . 19 before me, the undersigned, personally appeared and h to me known to he the and respectively, of the corporation that executed the foregoing instrument. j'A and acknowledged the said instrument to he the free and voluntary act and deed of said corporation. for the uses and purposes therein -, mentioned, and on oath staled that authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Wilness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at MyCc,,:,ti_v Expires