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HomeMy WebLinkAboutE 7909210104 .. ;� � . . i .. . . . , s ' �, �� � .. � � , �`����� E1-�S�M�NT •.• �,r� r For and in consideration of One Dollar (�1.00) and other valuable consideration, the receipt of which is hereby acknowledged, CITY OF RENTON, a municipal corporation, � ("Grantor" herein), hereby grants, conveys and warrants to PUGET SOUND POWEP. & LIGHT COMPANY, a Washington Q corporation ("Grantee" herein), for the purposes hereinafter set fo��th, a perpetual easement over, across and under the � tollowing described real property(the "Property" herein) in Kina County, Washington: �• y . ``'; r-�^ -.. �� That� portion of Government Lot 3 in the Southwest 1./4 of Sec- ..��' �-- N tion 16 , Township 23 North, Range 5 East, W.M. , lying northerly - �� � of the Pacific Coast Railroad right of way, and .southerly of � Cedar River, wi�hin a 200 foot strip being 100 feet wide on, each - � si�1e of line running N 07�20 ' 30" W fro�n a point on the south line r.- of said Government Lot, 556. 57 feet east from the southwest corner th ereo f. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that poriion of the Property (the "Right-of-Way" herein) described as follows: �44�ig3�sf��._________________€�—`us�3�teia�====_________====�e��ss�t��i�i�dm�— �u#�st�=�i�s�+d�s f�#�- a� All of the above described Property. • p�„ E �(C I,F �AX h�OT REQU�REQ King Co. Records Division � �� }�� FfLE� FpR RF:(Yl_r,A AT REK�iJE.ciT OF � �EP��I , TP,�11�i��,.�I�i�iCA `i'�'T�LE IN9li�itAii�iC� CC)ArFF'A.i�Y ltln;io IV.};. Ath gI'REE'i' � , SELLEVU�. WABf-fINGTUN 9t�0lk4 -. _. . ;� _ ' ,�,� , ..,"��� 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace and enlarge one or more electric transmission and/or distribution lines over and/or under the Right-of-Way together with all necessary or convenient ,� appurtenances thereto, which may include but are not limited to the following: a. Overhead facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines; communication and signal lines; transformers. b. Underground facilities. Underground conduits, cables, vauits, manholes, switches and transformers; semi-buried or ground mounted facilities such as pads, transformers and switches. Following the initial construction of its facilities, Grantee may from time to time construct such additional lines and other facilities as it may require. 2. Access.Grantee shall have the right of.access to the Right-of-Way over and across the Property to enable Grantee to exercise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 3. Right of,,-Way Clearing and Maintenance. Grantee shail have the right to cut and remove or otherwise dispose af any and all brush and trees presently existing upon the Right-of-Way. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of trees, brush and other vegeta- tion upon the Right-of-Way which could, in the opinion of Grantee, interfere with the exercise of Grantee's rights herein or create a hazard to Grantee's facilities. � 4. Danger Trees. Grantee shall have the right to cut and remove or otherwise dispose of any trees located on the ' Property outsitie the Right of Way which in falling could, in Grantee's reasonable judgment, te a hazard to Grantee's �,(� facilities. Provided, however, that Grantee, prior to exercising such right, shall ident�y such danger trees and give prior •\ written notification to Grantor and shail make payment to Grantor for the market value of any merchantable timber contaio- � ed therein which is cut and removed or disposed of by Grantee. Grantee's failure to comply with the conditions of this paragraph prior to exercising its rights under emergency � conditions shall not be deemed a violation of this agreement, but Grantor shali still be entitled to compensation for such ` � trees that are cut and removed or ocherwise disposed of by Grantee. \j \(� 5. Grantor's Use of Right-of-Way. Grantor reserves the right to use the Right-of-Way for any purpose not inconsisten[ with the rights herein granted, provided, that Grantor shail not construct or maintain any building or other struccure on the Right-of-Way and Grantor shall do no blasting within 300 feet of Grantee's facili[ies without Grantee's prior written consent. 6. Indemoity. By accepting and recording this easement. Grantee agrees to indemnify and hoId harmless Grantor from • any and all ctaims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein granted, provided, that Grantee shall not be responsible to Grantor for any damages resulting from injuries to any person caused by acts or omissions of Grantor. - 1/788.32 4/79TRA'vS�11SSlOti . ., _ . . _ � .. . , - - . �; �>, . , , - _- _ _ . , .. _! , , ;;,:r- ,�-� - . . �.:;.� ( • � . . � a . . _�..• • r __6"' . ♦ ' �Y '"� . � y.v.:. .. I 7. Abandanment. 1fie rights herein granted shall continue until such tirrte as Grantee ceases to use the Right-tsf-Way I for a period of five (5) successive years, in which eveni this easement shall ierminate and all rights hereunder shall • revert to Grantor, provided, ihat no abandonment shaIl be deemed to have occurred by reason af Grantee's failure to initial2y insta2l its faciiities on the Ri,ght-of-Way within any period of time from the date hereof. 8. S�ccessors and Assigns. The rights and obligations ot the parties shall inure to the benefit of and be binding upon their respective successors and assigns. •� DATED this 6t'h day af_ Avat�j- , 19�. GRANTOR � ��� CITY OF RENT � - C3 �����'��� � t7 B �r tV ,,�,� '� � � ; O C�'" � � '� .�4�'.+� B Ci�y C1erk . . � ,� �� .,�.���'C,�1�� � ��,��� ��,��t��,,,����+ ,����•Q� �� ��'G�¢�� STATE OF WASI-IINGTON . ss. COUNTY C1F K i n g �. On.thisdaypersonal3yappearedbeforeme C. J. Delaurenti Mayor and P1 �rP� A. Mead, City Clerk ta me(knawn io be the individuai s described�in and wha e�cecuted the within and faregoing instrurneni, and acknowledged thai !th Y signed the same as a free and voluntary act and deed far the uses and purposes therein mentioned. � . �IVEN under my hand and official seal this 6�_ day of Au qu s t , 19 7�^. _'r ` _ � � r. r Gi��!���y��-as_c�!°� ���r���9�j � -rC�GT�-�' C�r�" ' -• � = 4 - ' Notary Public in and for the State of W a s h i_n g t o n . -�r .� t � • , residing aL R e n t a n � STATE OF WASHINGTON ss. COUNTY OF � � On this day personally appeared before me to me knawn io be the indivzdua2 � described in and wha 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 , t9 Notary Public in and for the 5tate of residing at SfiATE OF WASHINGTQN F" ss. z � CC�iTNTY OF l cn � On this day of , 19 ,before me, the undersigned, personally appeared � _,,, and , to me o knawn to be the and respectively, of z x , . d the carporation that execuLed the foregaing instrument, and acknowleciged the said instrument to be the free and vo2uniary act F�., . and deed af said carparation, far the uses and purposes thersin mentianed, and on oath stated that � sutharized ia execute the said instrument and that the seal afPixed is the corporate seal of s�aid corporation. � 0 a . a 0 c� - NOTARY PUBLIC in anci for the Siate af ; residing at � �