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WHENRECORDEDRETURNTO: 1 �I�E', �� LXHIBIT D � • ' Office of the city clerk /" '��' Renton Municipal Building e �+ "' 200 MIll Avenue South n�V 11995 � � Renton,WA 98055 `" KIIVU COUNTY' ° ��R RECORDER � � 0 0 � � EASEMENT � � For and in consideration of One Dollar($1.00)and other valuable consideration,the receipt of which is hereby � acknowledged,CITY OF RENTON. a Washington municipal cor�oration("Grantor"herein),hereby conveys and � warrants to PUGET SOUND POWER&LIGHT COMPANY, a Washington corporation ("Grantee"herein),for the ,p purposes hereinafter set forth, a perpetual easement over, under, along,across and through the following described o real property(the"Properry" herein) in King Counry, Washington. d � l�" � �y, � 0 �; SEE AT'fACHED EXHIBIT A ,.� 0 c:� -i- '� � ,��' Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Properry(the � "Easement Area" herein)described as follows: !"� .-`� An Easement Area fifty(50)feet in width described as follows: Q ;' a = � :: As constructed or to be constructed, extended or relocated within the above described Property. O � �J � ", �� 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, �- remove,enlarge and use one or more electric transmission and/or distribution systems over and/or under the ��= Easement Area,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;fiber optic cable, communication and signal lin�s; transformers. � b. Underground facilities. Underground conduits, cables, vaults, manholes, switches and „�� transformers; semi-buried or ground mounted facilities such as pads,transformers and switches;fiber optic cable, � communication and signal lines. Following the initial construction of all or a portion of its systems, Grantee may,from time to time, '�� construct such additional facilities as it may require for its systems. ,�� 2. Access. Grantee shall have the right of access to the Easement Area over and across the Properry to enable Grantee to exercise its rights hereunder. Grantee shall repair or reasonably compensate Grantor for any damage to the Properry, including damage to roads,crops,driveways and fences caused by the exercise of such <. right of access. :,_ �-�, 3. Easement Area Clearing and Malntenance. Grantee shall have the right to cut, remove and -� dispose of any and all brush,trees and other vegetation presently existing upon the Easement Area. Grantee shall also have the right to control,on a continuing basis and by any prudent and reasonable means,the establishment and growth of bush,trees and other vegetation upon the Easement Area which could, in the opinion of Grantee, interfere with the exercise of Grantee's rights herein or create a hazard to Grantee's systems. 4. Trees Outside Easement Area. Grantee shall have the right to cut, trim, remove and disposs of any trees located on the Property outside the Easement Area which could, in Grantee's sole judgment, interfere with or create a hazard to Grantee's systems. Grantee shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give Grantor prior notice that such trees will be cut,trimmed, removed or disposed of (except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are cut,trimmed, removed or othen�vise disposed of in response to emergency conditions). Grantor shall be entitled to no compensation for trees cut,trimmed, removed or disposed of except for the actual market value of inerchantable timber(if any)cut and removed from the Property by Grantee. 5. Grantor's Use o� Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building, structure or other object on the Easement Area,and Grantor shall do no blasting within 300 feet of Grantee's systems without Grantee's prior written consent. 6. Indemnity. Grantee agrees to indemnify Grantor from and against liabiliry incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. EX�ISE TAX NOT REwUIRED King . �ords Di 'sion 788.32 6-89 Transmission 7. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5)successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor,provided,that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. S. Successors and Assigns. Grantee shall have the right to assign, a portion or othervvise transfer any or all of its rights,benefits, privileges and interests arising in and under this easement. Without limiting the generaliry of the foregoing,the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. Dated this�day of 19�. GRANTOR i CITY OF RENTON, a ashington municipal corporation — ATTEST: BY Marilyn . etersen, City Clerk STATE OF WASHINGTON ) ) SS COUNTY OF ) On this day personally ap peared before me EAR[- C LYM E�2 and MF�12f�YN PE'TERS�N .to me known to be the NI AYvR and C'.� T-Y C�ER K . respectively,of CITY OF RENTON,the Municipal Corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal this�day of��,L�iYL� 19�. f�rint ame: US.A STEPNEN Notary Public i�1.,an�e State of Washington, Residing at � My commission expires /U—/ _ 7 � � � � � l""� � � � � Exhibit A All that property in Section 17� Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the northwest comer of the Gladding McBean property in Government Lot 5, on the southerly line of the old P. S. E. Railroad Right-of-Way; Thence S 08°41'00" E, a distance of 443.50 feet; Thence S 26°55'00" E, a distance of 216.00 feet; Thence S 41°ZS'00" E, a distance of 160.00 feet; Thence S 79°35'00" E, to the east line of said Government Lot S; Thence southerly along said east line to the southeast comer of said Government Lot 5 , said point also being the northeast corner of the H. H. Tobin Donation Claim No. 37; Thence continuing southerly along the east line of said H. H. Tobin Donation Claim No. 37, to an intersection with the easterly extension of the north line of Tract 38 of Plat #1 of Renton Co-op Coal Company's Acre Tracts according to the plat thereof recorded in Volume 9 of Plats, page 29, records of King County, Washington; . Thence westerly along said extension, and said northerly line of said Tract 38 to the northwest corner thereof; Thence northwesterly to the northeast comer of Tract 25 of said Plat; Thence northerly along the east line of said Plat and its northerly eztension to an intersection with a line 145 �p feet northerly of and parallel with the north line of Tract 32 of said Plat; � � Thence westerly along said line a distance of 300.00 feet; Q Q Thence northerly along a line parallel with the easterly line of said Plat to an intersection with the � � southeasterly Right�f-Way line of SR 405; O � Thence northeasterly along said Right�f-Way line to an intersection with the southerly line of the Burlington Northern Railroad Right-of-Way, Maple Valley Bcanch (Black Diamond Branch of the C. and P.S. Railroad Right-of-Way); Thence easterly along said Right-of-Way line to an intersection with the easterly line of said H. H. Tobin Donation Land Claim; Thence southerly along said easterly line a distance of 40.00 feet more or less, to an intersection with the south line of the old P. S. E Railroad Right-of-Way; Thence easterly along said P. S. E. Railroad Right�f-Way to the point of beginning. Contains an azea of 14.60 acres, more or less.