HomeMy WebLinkAboutSP-Exceptions 098a_5332652�_ tt FILE N, .*yk?�
` i CO�tt 3:;GLI E's
THIS rNDW=x mode this day of
1461, between BROWCRES, I= „ a wash on corporation, hereinafter
i. called the Grantor, and CITY OF SPA E, a-iunicipal corporation, herein-
after called the Grantee,
W I T N A S S E T H
That the Grantor, for and in consideration of the sum of
ON& HANDRM FIFTY AND 96/100 DOLLARS ($150.00) and other valuable
considerations, receipt of which is hereby acknowledged, hereby conveys
and grants to the Grantee, its successors and assigns, (subject to the
rights of B. Pille and Nellie Pills, his wife) the right, privilege and
authority.to construct, erect, alter, improve, repair, operate and maintain
electric tranEmiesion and di.strinutlon lines, ronsi.fit.i.ng of the necessary
towers and odes, with braces, guys and anchors, and to place upon or
aaspe;;f: t•.ansmission, ciistrib_ttion and rie.7nal. wires, ins..ti , ors, crossarms,
trans oi.tiicrs and other necessary or convenient appurtenances, across, over
arc', upon v_.,, following described lanes and premises sittuatee. in the county
,Z Wing, :tat. a--- G7asiiirgt-on, ito wit;
The westerly 15 tect of the southerly 40 feet, the
southerly 15 feet, and the easterly 15 feet of tno
Lullowing described property:
B,nginning at the point of intersection of the south
1.3n,.! of Ha:iry !deader Donation Claim No. 46 and the east
limbo o,- Government Lot 10 in the t17 1/4 of Section 25,
Towns:iip 23 tiorth, Range 4 Zast, K.M.; thence westerly
along =aid south line of. Henry Meader Donation claim to
tac east line of the Northern Pacific :tailway Right c` �iay;
u:enc nor'tk: along said right of way to the south line of tiiC
Bow Lake Pipe Line; thence easterly and northeasterly along
lair south line of the Boy Lake Pipe Line to a point of
interrect.ion with a northerly extension in a straight
li.ie of the east line of Government Lot 10; thence
co,ttheriy along said straight line to the point of
.beginning, all situated in the NW 1/4 of Section 25,
Township 23 _1orth, Range 4 3ast, W.M.
Tt is understood and agreed that the City of Seattle, Depart-
Tint o- Ligi:ting., shall at all times maintain its power lines at a height of
not i. .c than 30 feet above the ground.
It is understood and agreed that this easement is given over
1.
LOlYi"C7SVI.LFT�
*so: 1w, all w ouer"Mo rofto tw fte city 02 A4attle Is
slaw Ara leEion Line �taai itiM 1s9 the u►e of that certain
a in 04 iq the City of isaEtle, which is known as the
4ity of 1lasttle'a *34m Line Flight of Way, Which lies within Henry Meader
Agaatioh ClaLM No. 46, bounded on the west by the Northern Pacific
Rai R►t Of Way and bounded on the east by the production north
of the east line of government Lot 10 in Section 25, Township 23
North, Range 4 East, W.M., and it is hereby stipulated that this ease-
ment shall immediately cease and all rights herein granted shall be re-
voked in the event that the City of Seattle shall install Transmission
and/or Distribution Line facilities upon said Pipe Line Right of Way;
Provided, however, that the use of the easterly 40 feet of said Pipe Line
Right of Way by the Grantee for the installation of guy wires and
anchors shall be permitted without causing a cessation of the eaoe:nent
i
herein granted as an alternate use by Grantee of the Pipe Line Right
of Way.
it is understood and agreed that this easement shall like-
wise cease and all rights herein granted be revoked in the event the City
of Seattle acauires,by condemnation, a Transmission and Distribution Line
'light of Way over land owned in fee by the Grantor, which lies within that
p.:tion of the Henry Meader Donation Claim No. 46 which is bounded on
the south by the south margin of said Donation Claim; on the north by the
City of Seattle's Pipe Line Right of Way; on the west by the Northern
Pacific Railway Right of Way; and on the east by the northerly extension in
a straight line of the east line of Government Lot 10 in the tCr7 1/4 of
Section 25, Township 23 :north, Range 4 East, W. M.
The rights, title, privileges and authority hereby granted
shall otherwise continue and be in force until such time as the Grantee,
2.
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its successors or 4Wpt +spa, shall poraanantly remove skid tc+wrs and
pales, wires and a attsnsneas fre ,said lands, or shill otherwise
permanently abandon"said lines, at which time all such rights, title,
privileges and authority hereby granted shall terminate.
i` Together with the right at all times to the Grantee, its
successors and assigns, of ingress to and egress from -said lands, across
adjacent lands of the Grantor for the purpose of constructing, re-
constructing, repairing, renewing, altering, changing, patrolling and
operating said line upon the giving by Grantee to Grantor of reasonable
advance verbal or writt'rn notice of intention so to do, and the right
at any time upon the giving of such notice to remove said towers,
poles and appurtenances from said lands; Provided, further, however,
that upon the notice aforesaid being given by the Grantee to the
Grantor, Granter shal). designate to the Grantee the precise route
over which ingress tn or egress from the adjacent lands of the Grantor
to the lands covered by this alternate easement shall be taken, and the
rights of _.egress to and egress from shall be confined to
routes.
It is understood and agreed Chat the city of seattlo,
tisoartment of L,uhting,(subiect to the restrictions of this easement)
may grant other corporations the right and privilege to occupy and use
j0111tly for other uc.lities, the overhead facili.tien of said transm169201.
and Oistribution liner, tower- or poles,
The City of Seattle is to be responsible, as provider by
Lai.;, :or any damaile resulting to the Grantor through its negligence i-.
the construction, maintenance and operation of said transmission and
diF-tribition lines over and across the property of said Grantor,
The Grantor, its successors or assigns, shall not place,
c:n:._rust or maintain any building, or other structure, within the
ooun;.iry limits of said strip of land; Provided, however, that trees,
IL -
COMPTRI L
shrubs, flowers or landscaping placed within the boundary limits
of said strip of land shall not be considered a building or
r
other structure; Provided, still further, that in the event Grantor
permits any trees or shrubs to grow to a point where there is a
lack of 10 feet clearance between the top.of said trees or shrubs
and the transmission and/or distribution lines, Grantee may at its
own expense,and upon reasonable advance, verbal or written notice
to Grantor,trim the offending trees or shrubs so as to maintain the
10 coot clearance aforesaid.
The Grantor, its successors or assigns, covenants and
agrees that it will not do any blasting or discharge any explosives
within a distance of three hundred (300) feet of said line without
giving reasonable notice in writing to the Grantee, its successors or
assigns, of intention so to do.
It is +mderstood that Grantor,in granting this alternate
easement, does so by way of accommodation, and the amount paid by
Grantee for this easement.,is nominal and is not intruded to represent
and shall not be construed to represent the fair cash market value
of, said easement,and the amount so paid shall not hereafter be used by
Orantae for the purpose of evidencing the fair cash market value of
tna alternate casement.herein granted in any proceeding whatsoever,
whether the proceeding be by way of eminent domain, or otherwise, and
whether the proceeding be against Grantor or others.
I_S 1IITi135S WHBRL•'OP, this instrument has been executed the, day
arc' year first above written.
BROAAACRBS, INC.
By
By
- ;� .,....`... ,.�.,�..,.� FILE No.....__
s C0M PTROLLER
STATE OF WAMIi1QT U j
so.
COUNTY OF KING )
On this -4-&_ day of
s
1961, before me personally appeared
t0 me known to be the _ I'll
..f..[-6 - e--_, and
,
to me known to be the.,-f.r, ~�, ,,_.i.:x of the corporation that
executed the within and foregoing instrument, and each acknowledged
t h e said instrument to be the free and voluntary act and deed
of said corporation, for the uses and purposes therein mentioned,
and each on oath stated that they were authorized to execute
said instrument, and that the seal affixed is the corporate seal
of 0aid corporation.
IN WIM SS WHILREOP I have hereunto set my hand and
affixed my official seal the day and year first above writt•
NOTARY PUBLIC in and for th�
Of Washington, residing at Seattle
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