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HomeMy WebLinkAboutE 7909210103 , :��'"s��.� y . F . � ���+�e�' EASElVI�NT ' , , For and in consideration of One Dollar (�1.00) and other valuable consideration, the receipt of which is hereby acknow{edged, CITY OF RENTON, a municipal corporation � - m ("Grantor" herein), hereby grants, conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington d corporation ("Grantee" herein), for the purposes hereinafter set foi�th, a perpetual easement over, across and under the � � � following described real property(the "Property" herein) in Klnq County, Washington: - That porti�n of Government Lot 5 in Section 17, TownsYiip 23 North; Range 5 _=� ` '�" East, W.M. , lying north of C. & P. Railroad right of way, except any �--- � portion thereof Iying north of- that certain boundary line established by ; � paragraph 10 of that certain Decree in Equity, King County Superior Court � Cause No. 90072; also except any portion thereof within P.S.H. No. 1, , �„ kno�.an as State Highway No. 405. F1t.Fn FeR ercc�ei �iT r,.�?�,::s;�r o� TF�R.TV��14IFs;3�iCA 'i':'a'i_.E FN��H2fANC� COMP�►.AIY 1t1o:}� I�.}�. £�C� �3'I'R.E�:i' BELLEVUE. WA�3HING'I't)N 9l3d�,Y� Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right-of-Way" herein) described as foltows: A Right-of-Way one h.undred feet in width having f1ftV feet of such width on each side of a centeriine described as follows: Beginning at the center of said Section 17; thence S 1°15 '05" W along the East line of the Southwest quarter of said Section 17 306. 45 feet; thence _ S 28°06 ` 30" W 112. 83 feet to that certain boundary line established by paragraph 10 of that certain Decree in Equity, King County Superior Court Cause No. 90072 and the true point if beginning of the centerline described .herein; thence contin uing S 28°06 ' 30" W 20 feet, more or less, to th� Northeasterly margin of the C. & P. Railroad right of way,,. (also known as the Burlington-Northern Railroad right of way) and the- tsrminus of this eenterline. � -_, 1°r� �.XClSE �'AX N0�'�f';£(�UiRED King Co. Re�ords Division �y �`�F�'/�. pePuty 1. Purpose. Grantee shall fiave the right to construct, operate, maintain, r pair, 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 ancl distribution lines; communication and signal lines; transformers. b. Underground facilities. Underground conduits, cables, vaults, manholes, switches and trans:ormers; 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. Elccess.Grantee shall have the right oi access to the Righi-of-Way uver and across the Property io snab?e 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 shall have the right to cat and remove or otherwise dispose of 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 growEh of trees, brush and other vegeta- i 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 faci2ities. 4. Danger Trees. Grantee shall have the right to cut and remove or otherwise'dispose of any trees located on the � Psoperty outside the Right of Way which in faIiing could, in Grantee's reasonable judgment, Ge a hazard to Grantee's I facilities. Provided, however, that Grantee, prior to exercising such right, shail identify such danger trees and give prior I ► written notification to Grantor and shall make payment to Grantor for the market value of any merchantable timber centair?- I, � 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 shall still be entitled to compensation for such � � trees that are cut and removed or otherwise disposed of by Grantee. � I `� 5. Grantor's Use of Right-of-Way. Grantor reserves the right to use the Right-of-Way for any purpose not inconsisteni � with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure on the Right-of-Way and Grantor shall do no blasting within 300 feet of Grantee s facilities without Grantee's prior writ[en consent. " 6. Indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein granted, providecl, that Grantee shall not be responsible to Grantor for any damages resulting from injuries to any person caused by acts or omissions of Grantor. _ q788.32 4/79TRANSMISSION � t:_° �4_ r Y , ' . � .. '-.#..: �. . • n ... � • . i . � ..._. ' � I 7. Abandanment. 1fie rights herein grantecl sha]1 continue until such time as Grantee ceases to use the RighL-af-Way " far a period of f ive (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor, providecl, that no abandoncnent shaIl be deemed to have occurreci by reasan af Grantee's taiture to initialiy install iis facilitfes on tha Right-of-Way within any periad o[ time from the date hereof. 8. Sliecessors and Assigns. The rights and abligations of the parties shall inure to the benefit of and be binding upon their respectiv�successors and assigns. DA't'ET}.zhis �th day oi Auaust , 29 Z�. � GRANTOR � Q _ �; ��t�t������ ITY F � ,���l�t,.�e.. � ��� ' ., N � � � 0 d� _.._ , ,��t1 $ �� �. i ayor , . Q, 1�7� ���:.# �� _ Rv r ,� ..�.-� � _... ���'Z,�---s--- , ;�.. �— �ity Clerk , �..�a,. �g'+t'T4��. {�!`,i��,:��1 t��' � — R�CO��S � �����Tl�� �i��� G�ll��''� . STATE OF WASHINGTOIY . ss. COUNTY QF K i n q ' On'this day personaiiy appeared before me C_ ;S_ n P 1 a;,r����� ���,�,a r a n c� n,�,�,,,r���� � ����� - City Clerk '� ta me known to be the individuai s described'in and who �cecuted the within anc� foregoing instrument, and acknowledged that _ �h e �� Y signed the same as a tree and volurit�ry aci and deed far the uses and purposes therein mentioned. GIVEN under my hanci and offieial seal this F�-h day of a„c�„��- , 19 ,,�r�. � ,����2E'� � '��� L.!�–�� .. _ ' Notary Publ ic in and for ihe State of W a s h i ri g�t o n � residing at Ren�on STATE OF WASHINGTON ss. COUNTY QF On this day personaliy appeared betore me to me knawn to be the individual ^ describeci in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and valuntary act and deeci for the uses and purposes therein rnentioned. GIVEN under my hand and oificial seal this day of , 19 Notary Public in and for the State of residing at STATE OF WASHINGTt7N • �" ss. 7 � COtJNTY pF c� � On ttiis day of , 19 ,befnre me, the undersigned, personally appeared � and , to me o known to be the and respectively, oP � x � v d the corporation Lhat executed the faregaing instrument, and acknawlec�geci the said instrumeni to be the free and voluniary act F�., . and deed af said corporatian, for the uses and purpases therein mentionecl, and on oath stated that � auih�rizecl io execute the said instrument and that the seal affixed is the carparate seal of s�id corporation. 0 � 0 � NOTARY PUBLIC in and for the State of i residing ai � _.._.�I � � -- — - — — _— -�-'`��