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HomeMy WebLinkAboutSP-Exceptions 098_5398625.V `417TR^ot U;z Tor, IIIO®nRM made this 13th day of ilaran betveen DR, 7C., a N .sbingon corporation, hereinafter called W6 'Mthe Grantor, and CITY OP 3$ATPfS, a municipal trorpora�io,r, hereinafter called the Grantee, •• 'd1'3'"4R333TR: llrat the Grantor, :or and in causideration of the sum of ONE AND n/_LV DO1.I1R3 ($l.W) and other valuable 6Grantee, o id to the Or�naf,itssue receipt cessoirs ch nand assigns,s-hereby no (sub nowledged, hereby conveys and grant erect to the rights of 3• Pills and 14ellie Pflle, hfirvif ri � maintain• electric authority to construct, erect, alter, improve, reps transmission and distribution lines, consisting of the necessary Avers and £oles, vith braces, guys and anchors, and to place upon or suspend transmission, distribution and signal wires, insulators, crossaress, transformers owing Bother neceserJanisandry or coiaertertuatP3 appurtenances, across, over aces ugar the in the County of King, :hate of iia&rtdrgton, to -wit: ':he westerly 15 feet of the southerly 40 feet, the southerly i5 feet, and the easter'_y 15 feet of the following described *roperty: 3eeLnning at the point of intersection of the south line of 'Henry !."er Donation Claim Ho. 46 er-.i the east line cf Gcverr.- nent ',ot '_'J in the .TF� 11L of Section 25, 'ilrwnehip 23 North, ?.ange it vast, H.M.; thence westerly along said south line of IIenry Skader Donation Ciaf•n to the east .rre of the 'Northern Pacific railway -fight of Haw; thence north along said right Orly way to tte south line o` the Bow fake ipe Line; and n:rtheaster3_y along said south lire of the Bov rake Pioe %ine to 2 rx,in-t of intersection with a nor•ti:er'_y rxtension in r. straight -ine of the eaa. line of Government Tat N; thence ,outherly along said ctiaight line to the point ,feNc thng(all. situated in the north 1/2 of Section ?5, 4 2 3 , ?ast, 4.114. ;his easement is ,Iven to correct and replace that certain easenen. sate=S +iP Lit. .,:,e ;f August, 061, executed by the save grantor, to the ..a grantee, herein naraei. •. Tt is understood and agreed tha. the City of Seattle, Department of %ij ting, a' ail times :maintain its power Ti*firs at a height of not lees than. 30- feet above It is unde-stood and sgreed that this easement is civea ry er and Up;- -r'_d '.and as an alternate route for the City of .3eattle's Transmission and Distrlbut',r. _.{eities to the use of that certain property owned in fee by the City of ;,eat-tle,- ...tm er an the City of Seattle's Pape Line Right of Nay, which lien^w1U�in'IIe�,Y•,'r1e_lly n::t'. ;;; Clain No. boa^ -'led on the wear. oy tine Koru, :v ro111..'.-v-r _t l- �.•d u,icd on ne east by the )reduction north of e-c east line of Govern�,ent 25, 'hwnship 23 Tiort-,, Range 4 'rust, 11.M., and It is hereby st1pu:nrcd ti-e' ti:15 easement shall SaamediatelY cease and all rights herein g.'anted shall be revoked in c?.e event that the City of 3cattle shall install T."SnedmiaeiOn and/or DSstrlbrttio ine Cncir.it fie, upon said Pine Lane fight of Slay; Provided, towevor, that the us,: of the r.ncter'" t of satd Pipe Line Rigiht of Hay by the Grantee for the installation ,:fee atu, et of s shall be permitted without causing a cessation of tLe ea3e:hent 1rs:te9 as an alternate unf by Grantee of the Pine Line Right Of %'aY- + is understood and agree.i that this easement unall likewise '.eaa• 'Ind a"- n granted be revoked '--n the event the City of -',cattle a_:quirrz, b:• e-c- ie-n^ti,r., and Dic'.ribuLJon Tine Rf rt cf way over la<.d o'med fir. +. -1- the Grantor, which lies within tbst NOWUM of the Nervy header Dl>&tio! ClaLs NO- V, which is bounded on tba t! south by s am* sarsia of said Doast_iaa ClAis; on '..be north by the City of 3eattls's Pipe Li7M "t of Nay; OR the Rsst by the Northern Pacific Railway Hight of Nay; and om the Mat by the aorphsr:y extension th a straight line of the east line of Government Lot 10 in the ME 1/4 of Section 25, Tvvnehip 23 1'oy th, Range 4 East, K.M. 0 'line rig}.ts, title, privileges and authority hereby grarte4 shall otherwise continue and be in force until ouch time as the Grantee, its successors or assigns, shall rer-'snently remove said towers and poles, wires and appurtenances from said ands, or shall otnerviss permanently abandon said lines, at which time all such rights, title, r-ivileg-s and authority hereby granted shall terminate. Together with the right at all times to the Grantee, its successors and assigns. of ingress to a d eXees from said lands, across, adjacent lands �)f the Grantor for the purpose of eoaatnucting; reconstructing, repairing, renewing, alter- ing, changing, pat olling and operating said line upon the giving by Grantee to Grrster of reasonable advance verbal or written notic� of intention so to do, and t'.e rigl;t at my time upon the giving of such notice to remore said towers, holes avid appurtenances from •Ail lands; Provided, further, however, that upon the notice a.oresaid being tl-ren by the ;rantee to the Grantor, Grantor shall designate to the :ra,tee the precise route over which Ingress to or egress fr= the adjacent lands of the Granter to the lands covered by this alternate easement si,all be taken, and the "rr...tee's riLi is of ingress to and egress from shall. be confined to such routes. It is understood _nd_ agreed that the City of Seattle, Tiepartment of _T.i-�Jnting, (: r'.�'ect to the restrictions �f this easement) mey gr&nt other corporations the right and privilege to occ!tpy and use jointly for other utilities tie overhead facilities of _TJ transaission and distribution lines, towers or poles. ^I-.e Cit•; of `'ea`_tia fa to to responsible, as provided by lav, for a,_nY 9anaae �"cc-Ctia<- tc the Grant..- tl'routb its negligence in the consYnnetior., raintens-nce aril - e;r_vion of said transnlr,afon and distribution lines over and across the property Cf .,se G,ar. tor, 'ts successors or assigns, shall not place, construct Or nalr,- tain any building, ar other structure, within the boundary limits of said stri-p of l_e�nl; Provided, however, that trees, shrubs, flovers or landscaping placed -within the ,: csn:d :ry limits of said stria of lend shall not be considered a building or other =irrccrra; Proviled, still farther, that in the event Grantor permits any trees or s'^nnl;s to grow to a point where there is a lack of 10 feet clearsnce between the top :aid trees or shrubs and the tranamissio.i n%d/or distribution lines, Grantee nay at ,•xnense, and upon nafisonable advance, verbal or written notice to Grantor, trim the offendinG trees or shyuhs so as to rnaintaia �h& 1cj fc:ut cleararcc afe:e_s'_d, the Grantor, its succesrore or assigns, a,venants and agrees that It will not Li ary blasting rr discharge any e:cplosives within a distance of three hundred (300) `set of said line without giving reasonable notice in writing to the Grantee, its s.ccessors or assigns, of intention so to do. It is understood that Grantor, In granting this alternate easement, does so n, of aceoa�odation, and the amount paid by Grantee for this easement iu noeiral nrd •..9 n:A intended to represent and shall not be copstrued to iprasent the fair taus, ':et .Uwe of said casement, and the amount so paid shall nc` hereafter ire used by ,r<pntee for the purpose of aridencing the fair cash market value of tl:e alternate ease- ,:ont herein: grarrvad in any proceeding whatsoever: whether tie proceeding be by way of c-iincnt Janain, or other'.riae, and whether the proceeding be ai;alnst Grantor or others. LT7 wIi i hY::'Ar`, this instnment has been executed the day and year _ir;t n, -,ve .^rl tten. life. t,j , 'ij h.' ; i! rTrPLtER giA' TS Oi W ny" }!. Oougn 0! ICE 1962 On this ljt]t &+ l cf March before ue personally to W lmowa to be the President, and B. 1P.gIgSC71 �'o me lmovn to be the Secretary end Treasurel' of tLe corpora -ion that executed the within and foregoing inntnzwnt' and each aclmovledged the said iastewsent to be the free and voluntary act and deed of said cor- po7ation, for the uses and purposes therein mentioned, and each on oa`h salt instt�ent, and that stated that they were autho.ixed to e;:ecute the seal affixed is the corpoMte seal of said corporation. ^ p I leave hereunto set my hand and affixed IN NITNM Ycia1 see, Che day t. and year first above written. .. � �. C - fhe Staff f — Washington, residiag at Wattla !l li Wf3 nitd 1W Kot VARY yj Mott,. Cr�,W,���'R�rr'