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HomeMy WebLinkAboutSP-Exceptions 033_6113352Tf 486A Ajl70 611,3 52 UTILITY BASSMUT Tte undersigned Grantor , its-heivs, successors and assigns (hereinafter together re err�e —to as 'Grantor •►, for and in consideration of the sum of POUR 9UNDRED AND No/16f - - - - - - --- -- -- -- ors and other va uable cons erat on, t receipt of vhic s re acknowledged, hereby conveys and grants to the MUNICIPALITY OF l'ETROPOLITAli SEATTLE, its successors and asoign9, (hereinafter to- gether referred to as "MUNICIPALITY"), from the following described property: "Ortion of Government Lot P. lying east of the Northern Pacific :'si lvay Riq';t of Lay and south of the South 153rd Street formerly !mown as Renton Junction Paved Highway Survey No. 1599 ^ P:o. 26; ALSO that portion of the NW 1/4 of the SE 1/4 lying south of South 153rd Street formerly known as Renton Junction Paved Highway Survey No. 1599 P. H. NO. 26; ALSO, government Lot 14; ALL in Section 24, Township 23 North, Range 4 Fast, u.^ ALSn, Beginning 438.9 feet west of the northeast corner of 'eader Donation Claim No. 46 in said Township, thence South 340 feet, thence Webs 485.1 feet, thence South t-- -, point !lu -t Sorth of the South line of ':eader Dorstion Clair; thence -"E'st to the bast tine of the Northern Pacific Railway Right of 1 , thence wort..*. along 5eid East line of said ;.fight of Wav to :'crth line nF ^onation Claim, thence Tast to beginning; a permanent easement over, across, along, in, upon and under the following described portion of the above -described property: 1.11 t?-at i30rtion of the above -described r ro.,orry lying ::estcrl, of the following described line: "eginninq at a point distant 15 feet westerly along the south line of South 153rd Street fror.- the intersection of said south nargin with the east line of t:ie above -described property; thence southerly parallel with said east line a distance of 342 feet; thence southeasterly 60 feet to intersection with the easy line of said property; _W1 w 4869 iAii 171 said easement being for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing and using a sewer 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 does further convey and grant to the MUNICI- PALITY a temporary construction easement for alI purposes during the construction of the said facilities over, across, along, in, t^ upon and inder the followi.g described property, together with the right of ingress to and egress from said described property for the foregoing purposes, said casement to commence on the date of this instrument and to terminate on the date actual use of said easement area shall terminate or upon __pril 30_ 19 68 , whichever shall first occur: All that portion of the above -described property lying between the westerly margin of the existing barns in the North 402 feet of the most easterly portion of said property, and the westerly edge of the permanent easement described above, ALSO, the remainder of the existing roadway which adjoins the easterly margin of the above -described property; The Grantor hereby and the MUFICIPALIT4, by accepting and recording this easement, mutua'ly covenant any agree as follows: 1. MUEICIPALITY shall upon completion of any initial con- struction of any facilities described herein and before the ter- minatior 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 this agreement. 2. NUHICIPALITY shall, if the above -described property is disturbed by the maintenance, removrl, 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. MUNICIPALITY shall proteci- and save harmless Grantor from and against any and, all claims, demands, loss, damage, ex- Dense and liability of every kind and description and for any damage to or loss or destruction of property viatsouver suffered by Grantor- its successors and assigns, or by any persons, firms or corporations, tecause of the construction and/or maintenar.ce of said facilities. . 2 - Yf L: 46u'l .,i:17:1 4. All right, title and interest which may be used and en- ioyed without interfering with the easement rights herein con- veyed are aeserved to the Grantor The construction, install- ation or maintenance, after the date of this agreement, however, of structu-es of a permanent nature within the above -described permanent easement area at any time or within the temporary con- struction e=s­ j:t 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 1 shall not apply. �- 5. Payment for the temporary construction easement herein granted sha1L be made at the rate of EIGHT HUNDRED AND N01100 -------- ----- - -- --- Dol3ars l _ per year or fraction thereof that said temporary construction easement area is in actual use by :'UMCIPALITY. The term "actual use" as used herein shall be con- strued to include only the period from the start of construction Of said -ewer line in the above -described temporary construction easement area until comlletion thereof, including reconstruction .anrp restoration of improved areas. 6. MMICIPALITY shall repave any portion of the roadway which adjoins the easterly margin of the above -described property which is destroyed or damaged by MUNICIPALITY'S use of said roadway. 7. Work in the above -described easement area shalt not be commenced until after Laoor Day, 1967, but may be commenced at any time after that date. a=, rrar'_ /, rk i/ b DATED this ? / day of - 3 - 19( A V%*69 ?s�F17.3 STATE OF WASHINGTON } ss. COUNTY of KING } On this 21 day of November 1966 before me the undersigned, a Notary Pu is in an or the State of Washington, duly commissioned and sworn, personally appeared r;. J. Alhadef€ and Robert N. Hutchinson to me - mown to be the vice Eresident anO Secre ary- reasurer respectively of the WASHINGTDN JOCKEY CLUB, the corporation that executed the foree--ing instrument and acknowledged the said instru- ment to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corpore'=e seal of said corporation. WITNESS my hand and official seal hereto affixed the day and yr in this certificate above written. +'�i -.k �E!% ', NotarT Public in andfor t State $ of Washington, residing at Feattle STATP OF WASHINGTON } ss. COUNTY OF KING On this 21 day of Covember 1Q66 before me the uunnersigned, a Notary Public in and for teState of Washington, duly commissioned and ,;.corn, personally appeared M. J. Alhadeff and Robert E. Hutchinson to me known to he t e ce resi en an Secretary -Treasurer , respectively of the BROADACRES, INC., t e corporat on t at executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that they were authorized to exeate the said instrument and that the seal affixed is the corporate seal of said corporation. year WITNESS my hand and official seal hereto affixed the day and in this certificate above written. Rotary Public in and for the State of Washington, residing at Seattle _ q _ f(aRKri'if tq. JIlk nF�,M l Cf MCI,, ROURT A M0015, Ca•,rr A,d,mr