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a��,��.��ti�I' A\D EASE��IEV�T FOR S��ITARY SE�ti'ER PIPELI�IE
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THI;3'a•�.,:�• \i made this�` day of �-� �' a �Y'1/ � 19���
b��,•een Pu�T SCJ�D P0�`ER � LIGHT CO�p�\�', a 1Vashington co oration, "Puget"
}-i�rein) , ��d �hi CITY OF RE�I'I'Q�, a municipal corporation of the State of
���ashington ("Grantee" herein); I
Sti'�IEP,�=�S, Puget is the owner of a strip of land varying in
�idth running generally north a:�d south through the Southeas�. �/�
o� Section 8, Township 23 North, Range 5 East, W.M. 6 King County,
;•:asning4on, khich strip of land is presently owned and occupied i
b� Puget ir. connection with Puget's electric utility operations, '
(said stri� being hereafter referred to as "Puget's Right of Way) ; anc� I�
iti�RE�S, Grantee desires an easement for a sanitary se�,er pipeline across
Pl.��e�'s Ri�ht of i;�y at a location more specifically described hereinbelola;
1�OiY7 THEREFORE, in consideration of T�/2 ��
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� Dollars ($/D�c�D---------- ) and other good and valua.ble. consideration in hand
� paid receipt of t;hi is ereby.aclrnojYledoed, and in consideration of the
� pzrfor,nance by Grantee of the covenants, teYms and conditions hereinafter set
� forth, Puget hereby grants, conveys and quitclaims to Grantee the folloti�ing
� easements:
� �
� Ae A non�xclwive perpetual easement across, along, in, upon and tmder
� tha� portion of Puget's Right of �Jay described in Exhibit A attached hereto
� and by this r�ference made a part hereof, for the purpose of installing, cona
�'�' structino, op�rating, ma.intaining, removing, repairing, replacing a�-�d using
a sanitary setitier pipeline consisting of a concrete pipe, not exceeding 8 inches
in diaineter, tiY-ith all connections 9 manholes and undergrotmd appurtenances thereto
(herein the "Se�,�er Line"}, �ogether with the nanexclusive right of ingress to and
eo ess fro,-� said por�tion of Puget's Right of Way for the foregoing purposes;
The tern� "Easement" and "Easement Area°' in this instnnnent refer to the
easerr�ent on the prop�rty described in Exhibit Ae
This ease;,ient is grantec� subject to and conditioned upon the tolZowing
�eYms, conditions and cov�nants which Grantee hereby promises to faithfully
and fully observe and performe
I. Cost of Construction and Nia.intenancea Grantee shall bear and promptly
pay all costs and expenses o constiruction and maintenance of the Se�4er Line.
2 o Com.�liance i�-ith La��*s and Rules. The Grantee shall construct, maintain
and use e Sewer Li.ne in accor ce �.�ith the requirements of Puget, the National
Electric Safety Code and any statute, order, rule or regulation of any public
authority hairing jurisdictione .
3o Use of the Right of .���ay by Puget. Grantee's rights herein shall at all
times be su�ordinate to such rights of Puget as are necessary to preserve and
maintain the capabilities of Puget's Right of jVay to be used for electric utility
purposes, a�d nothing herein contained shall pre�Tent or preclude Puget from
undertaking construction, installation and use of any electric utility facilities
t+rithin Puget's Right of {t'ayo Puget shall not be liable to Grantee or to Grantee's
er.�loyees, aoents, or to any other party benefiting from said Se���er Line, for �
lo�s or injury resulting from any damage or destruction of the SezJer Line directly
O: I;IC:�izCi,�}' ��'.��'u tily :JUgBtoS �i1S�17:o O� �Li�i.iT� LiS@ �f P-uget's �.ia;it 01� �ia�'.
4e Reo,uired Prior �otice and Approval of Plans and Specifications. Prior to
any installation, alteration, xeplacement or removal of the Se�oer Line facilities
or any other major activity by Grantee on Puget's Right of l�'ay, Grantee shall
gi�-e Puget �,-ritten notice thereof together with preliminary plans and specifications
for the sa�� at least six (6) months prior to the scheduled commencement of such
acti�ity. Pu�et shall have the right to rec�uire that such plans and specifications
be modified, r�tirised or ot�ienaise chanp�d to the extent that the final plans and I
s�cifications therefor shall include pxovisions for the protection of Puget's �
facilities9 the pre�Tention of hazardous conditions and minimtun interruption to
Paget's utilit}� operations. 1Vo such activity shall be corrunenced ��ithout Puget's -
n:ior cti-ritten a�proval of the plans and specifications therefor and all changes -
or a:�nd�n�r.ts thereto, i,-hich approval shall not be unreasonably ���ithheld. I
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���g �. R�ws��s Divi�ion
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� � 1�o�:ithst���ing t'r�e £oregoina, in t'r.� eti-ent o£ any emergency rec{uiring irr�ediat� ' ..
, � A -or�s or xa ert T
action b; Grantee for the protecticn o� the Set�er Line, p..r� p p } ,
Gra�tee ;;ia}- �a.l:� su;.h action upon su�;� notice ta Puoet as is xeasonable w�der
the circi��tances.
�othina hArein shall 'ae deer:ed to i�ose any duty ar abligation on Puget
to d:ter,;zi.ne the adec�uacy ar sufficienc,v of the Grantee's plans and sp�cifica-
tians, or ta ascertain ��hether Grantee's cans�ruction is in COII�OY7I121I1C�" Z�rl�'i
thb p2ar3s and specificatians approved by Puget.
So tls-Built Survey. Upan Puget's request, Grantee shall promptly provide
Puget t:it�as-built drac,ings and sun-ey sho�aing the location and elevations af
the Se��er Line facilities on Puget4s Ri.ght of �t'ay.
6. Grantee's Use and Actit�jities. Grantee shall exerci.se its rights under
this AQreerent so as to r�n�m3.ze an a�roid, insofar as possible, in�erference
i�ith the w� by Puget of its Right of 1�'ay for electric utility purposes and '
shall at all tines conduct i�s acti�-ities �n the Easement Area so as not to
interfere �:ith, obstruct or endanger Puget's operations ar facilities n Gran�ee
' shall install the Sewer Line and conduct any other of its substantial activities
on Puget's Righ�. of {`Tay in accoxdance tti�ith such additional or other speci,fic
'� and reasonab2e requirements, conditions and specifications appZicabl.e to
� �Puget's Ri�t of T�+ay as may be communicated to Grantee by Puget for the purpose
� of protecting Puget's faciiities, preventing hazaxdaus canciitions and mz.nimizing
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intenuptzons ta Puget s utility operations.
� 7. Goordination of Act�vities. Grantee �ha11 give at Ieast 30 days advance
� written notice of e propase tes of its constructions repair and ma.intenance
� activities on Puget's Right of Way to Puge�'s South Central Division (presently
� headc{uartered at Renton, ���ashington) , or such other division of Puget as Puoet
� mav from �ime ta time desibnate. Grantee shall cooperate in �he revi.s�on of such �
dates andJor the caordination of a.ts activzties wi.th those of Puget's if deemer3.
necessary by Puge� �a minir,iize conflicts, a.nsure protectian tv ear� party's
facil.ities, pxevent hazardous conditians, or minimize interruption of P�zgetts
operatians. Provided, hoi�et-er9 that in the event of an emergency requ.zring
imm�diate action by Grantee for the prQtec�ion of its facilities or other
persans or proper4y, Grantee may take such action upon such notice �o Puget as
is reasor�able under the circ�unstances e �
8. ttiork Standards. �11 ��ark to be performed by Grantee an Puget`s Ri.gh� �
of �v'ay shall be desigaed and cons�tructed so as to withstand tha consec{uences of
any short cireui.� af any of Puge�t's electric facilities noc� ar hereafter instalied
on �the Rig��t af S�'aya AIl i�ork to be perfarn�ed by Grantee on Puget's Ri.ght of �day
shall also be in accardartce c�ith �he p2ans and specifications si,�bmi tted to ancl
approved by Puget and shall be comgl�ted in a careful and warkmanlike manner to �
Puget's satisfaction, free of claa.ms ar lienss however, nathing herein shall be I
� deemed to 'iripase a du�ty or obligatian on Puget with respect to the sufficiency �
thereo£o jtiithout limitatian to the foregoing� Grantee shall exercise the utmost �
caution i��ien conducting its activities in the vicinity of any af Puget's i
energized po�.er Iines in order to pre�-ent any contact therewith. Upon complet�.on .
of such z,rork Grantee shal2 remove a11 debrzs and res tare t,he graund surface �
as nearly as possib].e to �he condi�io:� 3T1 Tv�'21C�'i it was at the cc�3runencement of
such c.ork, and shall repl.ace any prop�rt,v cornex monzune�ts ��hich c�ere disturbed �
or des�.ro�-ed during cons�ructione Grantee shall also pay to Puaet all of Pu;et's i
costs necessar}• to re-es�ablish destrayed survey refexences and hubs established �
by Puoet in canjlmction ����h any surti-ey for neia facilities on Pubet's Right of Way. �
9. Chang�s and Repairs �o Puz t's Facili�ies. Grantee shall pramptly pav I
�o Puget the cosz of any relocation, a�tera�ion, restorai.io�z an� ather cha.n��s�
or xepairs to Puoet's facili�ies �.hirh Puget shail reasanably deem necessary by
reason af the construction, use and r�ainteriance of the Se�aer Line ar other acti.viti.e
af Gra�n�ee o� Puge�`s preperty. ��'it�ro�zt limitation to the faregoing, Grantee
shall pra�tly pay �a Puget the cos� af ternparary raising of �tiires and the
reali�ent or strengthening of pai�er poles or towti�ers made nec�ssaiy by Grantes's
activities pursuant to this Agreement. If: Pu�et so rec�uests, Grantee sl�.all
� prol�ide assurance of payment satisfactar;� to Puget prior to Puget�s ca:�n�ncenent
� of such c;ork. Puget shall accomplis�i such chan�es or repairs, subject to the
ati�ailability of labor and materials. Fox the purpose of this paragrap}i, "costt'
shall be d�finnd as aIl direct or asszgnab7.e casts of materia2s, labor anct sei-�Tices,
inc�uding oi-erhead9 in accc�rdance i�i�. charoes for t�•ansportation af inen, material,
ar:d e�uip^int, starage expe�3se of material and rental of eai�ipment.
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10. acc�ss. The Gra-�tee shall design, construct, maintain and use its
��-,:er Lin� in such fashion as to p�rnit reasonable and continuous access along
?��:g��'s Ri�zt of 1ti'ay in all directions, and in such fashion as to accommodate
a:d s�tz?�ert �-ehicular tra�rel over and across the Se�Jer Line, includino travel t
b�: cr.ane� �nd trucks �tiith heavy loads. Grantee shall at all times keep Puget s i
•• . re uested b
p � r �� obstructions and e ui ment. If a y
.n � t�a�� free and clear of all Q P
,.i o t o ,
Faget, the Grantee shall mal:e provisions for continued access by Puget along
Puget's Ri�nt of ti�ay during construction of the Se�aer Line.
11. Inspectors. Puget shall appoint one or several Puget representatives
i•:�o shall sen-e as inspectors to oversee all ��•ork to be performed by Grantee
on Puget's Right of �Vay. Grantee shall not carry on any �vork �less it has
gi�=en such notice to Puget as may be re asonable in the circumstances so as to
allo:� for the presence of such inspector or inspectorso Grantee and Grantee's
contractor� shall promptl;� and fully co��� ly tvith all orders and directions of
Pu��t's inspectors9 including �oithout limitation, cessation of work, and.Grantee`s
construction contracts shall so provide. Grantee shall prorrcptly pay Puget's
charge for such inspectorso
12. Conflict with Future Installations of Puget. In the event that it should
� -bacor� necessary for Puget to install additional electric utility facilities or
F� othen+rise we Puget's Right of jVay and if, in the sole Judgment of Puget, the
� location, existence and use of the Se��er Line interferes with such installation
� or use to the extent that it �s imprac�icable or substantially more e�cpensive to
�9 accornplish such installation or use, or that such installation or use may pose a
� hazard because of the location, existence or use of the Sewer Line, Grantee sha11
!C'� hati-e the obligation to either, in Grantee's sole discretion, (a) pro�ect, modify'
� � or relocate the Sewer Line at the cost and expense af Grantee, so as to remove
+� the interference or hazard to Puget's satisfaction, or (b) to reimburse Puget
� for its added costs of design, construction and installation to avoid such
interference or hazardo In the event Puget intends to tmdertake any such
canstruction, Puget shall give Grantee reasonable advance written notice of
such intention together with preliminary plans and specifications for such work,
identifying the potential interference or hazard and all design information
relating theretoo In no event shall such notice and plans be required to be
r�quired to be given more than si:c months prior to the scheduled commencement
4i ttiOP��.
�tiithin one mon� after receiving such notice from Puget.s Grantee shall give
c,ritten notice to Puget by i��ich notice Grantee will elect to (a) protect, modify
or relocate the Sewer Line, or (b) reimburse Puget for its said added costs. If
Grantee elects to pxotecty modify or �elocate the Sewer Line it sha11 commence
:.ork pror�tly and diligen�ly prosecute such work to completion prior tco the
scheduled date of co�unencement of Puget's construction. If Grantee elects to
pay Puget's added costs, Grantee shall give Puget satisfactory assurance of
payment of such costs at the time such notice of election is given. If Grantee
doss not so elect one of the above-described options by giving Puget the required
notice, Puget shall be en�itled �o ma.ke such an election on behalf of Granteep
Grantee agrees that this election shall be binding upon Grantee and have the
same effect as if made by Granteeo If Puget so elects option (a) described �
herein or if Grantee elects option (a) and fails to commence an� prosecute i�s
��ork as contem�lated herein, Puget may, at its option, tmdertake such work on behalf
of Grantee as Puaet deems necessary pursuant �o option (a) and Grantee shall pror�tly
pay Puget for all costs incurred by Puget in performing such work. Puget's
costs reir�ursable i.mder this paragraph are defined as in Paragraph 9 hereine
13e Termination for Breach. In the event Grantee breaches or fails to
perfoz-,�n or o serve any o t e term' and conditions herein, and fails to cure
sucii breach or default cLithin ninety (90) days of Puget's giving Grantee
��:ritten notice thereof, or t�rithin such other period of time as may be reasonable
� in ��e circwnstances, Puget may terminate Grantee's rights t.mder this Agreem�nt
in addition to and not in limitation of any ot�ier remedy of Puget at law or in
e�{uity, and the failure of Puget to exercise such right at any time shall not 1.aive '
Puoe�'s ri�.ht to terminate fur any future breach or defaulto ',
14. Termination for Cessation of Use. In the event Grantee ceases to use
tne Se:•:er Line for a period of five (5) successive years, this Agreement and
all Grantee's rights heret.mder shall terminate and revert to Ptiget.
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_ eement
0 0 �'� .,; rmination of this A r
15. Rel..�., of Se�;er Line on l..rr.�nation. l�o te �
snall release G:-�n�ee rom a�z�� liability or obligation �ti�ith respect to any
r:.atter occurrir� prior to sucn tenr.ir.ation, nor shall such termination release
Grantee fro;� its obligation and liabilit;- to remove the Sewer Line facilities
fro:� Pua�t's Rioht of �tiay and restor� the grotmd.
16. Rar:���al of Sectier Line on Terr:unation. Upon any termination of this
a�reem�nt, Gra*�tee shall promptly rerr:ove from the Easement Area the Sectier Line
facilities and restore the groi.md to the condition now existing or, in the alter-
natil-e, take such other mutually agreeable measures to minimize the iripact of
the Seti�er Line on Puget's Right of j�ay. Such work, removal and restoration
shall b� dor.e at the sole cost and expezse of Grantee and in a manner satis-
factory to Pug��. In case of failure of Grantee so to remove the Se1�er Line
facilities, restore the ground or ta.�:e such other mutually agreed upon measures,
Pu��t may, after reasonable notice to Grantee, remove the Sewer Line facil.ities,
restore the o oi.md or take such measures at the expense of Grantee, and Ruget
shall not be liable therefor.
� 17. Third Party Rights. Puget reserves all rights wi� respect to its
property inclu ing, 1Ji out limitation, the rig�t to grant easementsy licenses
.and permits to others subject to the rights granted in this Ab eement.
�
�"C� 18e Release and Indemnity. Grantee does hereby xelease, inderrmify and '
(� pro:nise to e end an save azmless Puget from and against any and all liability,
� loss, cost, dam.aoe, expense, actions and claims, including costs and reasonable
� attorney's fee� incurred by Puget in defense thereof, asserted or arising
� directly or indirectly on accoLmt of or out of (1) acts or omissions of Grantee
�� and Grantee's sen-ants9 agents, employees, and contractors in the exercise of
� the rights granted herein, or (2) acts and omissions of Puget in its use of '
� the Ri�t of �ti'a�• �.�ich affect Grantee's employees, agents, contractors, and
other parties ben�fitina from said Sek°er Line° provided, however, this paragraph
�does not purport to inderrmif}� Puget against liability for damages arising out �
of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of Puaet or Puget's agents or err�ployeeso -
19< Insurancea Prior to Grantee's construction activities or other
' s�s�.�-�tial ac�i�-ities :,r. �ugetps ��iti of �day ��der �he xights �rovided l�erein,
Gra*�tee shall sub.-ni� to Puget evidence that Grantee or Grantee's contractors
has obtain�d co�rehensive general liability coverage (including broad form
contractual liability coverage) satisfactory to Puget i�ith limits no less ,
than the follawing:
Bodily Injury Liabili�ty, including $500,000
autom�bile bodily injury liability each occurrence
Property Damage Liability, including $500,000
automobile property damage liability each occurrence
Said evidence shall be submitted on Pugetps Certificate of Insurance
standaxd form (l,.hich form Puget shall provide upon request) or such other form.
as Puget m.ay from time to time appro�e.
Said coti-erage shall be maintain�d by Grantee or Granteeps contractors during
�he period t:hen such activities take place.
20. Ta.�es. Grantee shall pro:rr�tly pay or reimburse Puget for any taxes
le��ied as a result of this Abreement or relating to the Grantee's improvements
cozstructed purs�.�ant �o this Agreem�nt.
21. Title. The rights granted herein are subject to permits, leases,
licenses and easenents, if any, heretofore granted by Puget affecting the
property subject to this Agreement. Puget does not kTarrant title to its
property and shall not be liable for defects thereto or failure thereof.
22. \otic�s. Unless other�Yise proti-ided herein, notices required to be in
� t;riting tmder t s Agreemznt shall be git�en a� follo���s:
If to Puget: Puget Sound Poc�Ter £, Light Co.�any
Real Estate Division
Po 0. Box 868
Bellevue, ��'ashington 98009
Ir to Grantee: City of Renton
Department of Public liorks
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�otic�s shall be deer�ed effectiti-e, if mailed, upon the second day follo�•:ing
�eposit t'r��z-eof in the tt�ited States �tail, postage prepaid, certified or
registered nail, return receipt rec{u�sted, or upon delivery thereof if othen��ise
giti•�n. Eiuner party may change the address to i��hich notices may be given by
gi�-ing notice as above pro�-ided.
23. �.ssignment. Grantee shall not assign its rights hereunder. No ,
assignr:�nt of the pri�%ilegzs and benefits accruing to Grantee herein, and no
assib�::�nt of the obligations or liabilities of Grantee herein, tiahether by
operation of lacv or othen�ise, shall be valid ��ithout the prior written consent
of Puget.
24. Successors. The rights and obligations of the parties shall inure to
�he benefit of and be, binding upon their respective successors and assigns.
� 25e Li�ili�,ve In the e�ent of any assignment of the rights hereundery
`� the liabilit,v of Grantee and its assignees shall be joint and several.
�
� E�CUTED as of the date hereinabove set forth.
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� _aCCEPTED: � �
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� CITY OF RE:\�'0\� PUGET SOIND POtiVER F� LIGHT C0�'�IP�NY
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.;�.� :•'� � Mayo ianage , Real Estate ivis?on
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� �';•`CC�� ,., � City Clerk
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e'�% ;:STaTE OF'���SHI:�GTOv )
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�'�"'�►�,,��Oti�TY OF KI\'G
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On this f f day of ' ���L-�'f� s Z9 �(� Uefore me,
�� ihe t�idersi�ed, personaliy appeare I:�SLiE Ao DO:: �Fc, to me lrnown �o be til�
�fanager, Real Estate Division, of PUGET SOLND POt R � LIGHT CQ�IPANY, the corporation
that executed the foregoing instnunent, and acknowledged said instnunent to be
the..fxee and voli.mtary act and deed of said corporation, for the uses and pur�oses
�;eji��-in�i��nt�oned, and on oath stated that he is authorized to execute fhe said
�3.�::�n;_i�'' .'T�E�'l'��:d,�..
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;'U'��� `'�' 'TT`'�SS".my hand and official seal r o fixed the day and year above
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\'��a��:�r�i�� : Notary lic i �fo S te of �Vashington
!'r�r 7,,.,, s
�,+X��t�,,,,�,� xesiding at �
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STaT'E OF jti�:�.SHI\'GTO�,' )
) SS e .
COtJ�TY OF KING � )
On this � day of� , 19�� , before me, the Lmder:
signed, personaTly appeared C��P/���e�-f� `�.o ,l�e%�es �- {�J?�.�d , to me
'.�o.�n to be the J'Y1 c���P.� �,p�,¢y /���G y of the CITY OF RE�ITON, the municipal
corporation that executed the f egoing instrument, and acknoiti�ledged the said
instnu�ent to be the free and tirolt.mtarv act an3 deed of said municipal corporation,
for the uses and purposes th�rein mentioned, and on oath stated that he is
authorized to execute said instnunente
jti'IT\�SS my hand and official seal hereto affixed the ciay and year first
above i�ritten.
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\otary Public i and�.fo��"t� e.��ate�,o tt'as ingtons
residing at ,.�J2�� ,;��.�. `�_ �
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EXHIBIT P,
A stri of and 15 feet wtde I in 7.5 fe t on e' e side of the follow-
p I y g e ith r
"; ing described centerline between the west line of the plat of Harries
' Garden Nome Tracts as recorded in Volume 34 of Plats, Page 38, records of
' � King County, Washington and the north line of a 15 foot wide utility easement
.�� as described in and recorded under Auditor's File No. 7408160459 said strip
�� of land being portion of the new Renton Home Sttes as originally recorded in
� Volume 17 of Plats, Page 6a records of King Countyy Washington and now vacated
� and locafied within the east half of Section 8y TownShip 23 North, Range 5 East
�� of the t��i I I amette Mer i d i an o
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, .� Commencinc at �he sou�hwes� corner of said piat of Harries Garden Nome Tracts.
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� Thence N. 15°10'30" W. along the westerly line of said p(at a distance of
�. 163.4� feet to the point of beginning of said centerline;
Thence S, 21°12'09" W, a distance of 130.00 teet;
Thence S. I °36'00" E. to a point on the northerly line o'f said 15 foot utility
� easement and the terminus of said centerline.
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