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HomeMy WebLinkAboutE 9508100517 � �NHENRECORDEDRENRNTO: � �,��°���„��� EYHIBIT C • ' f)ffi�e of tfie dty clerk j � � � Rcnton i�ttinicipal Building q�� � 1995 �ilr,n• c „ � �� U j cil Y- KINU COUNTY � ��R RECORDER �; � � c,:� � � EASEMENT � � For and in consideration of One Dollar($1.00)and other valuable consideration,the receipt of which is hereby w acknowledged,GITY OF RENTON. a Washington munici a�l o�r orp ation("Grantor"herein), hereby conveys and `� warrants to PUGET SOUND POWER&LIGHT COMPANY,a Washington corporation ("Grantee"herein),for the z purposes hereinafter set forth, a perpetual easement over, under, along, across and through the following described { real property(the"Property"herein) in King Counry, Washington. „ �n �� 0 :� � � �\ The South 110 feet of the following described Property: N ; The West half of the Southwest quarter of the Southeast quarter of �� � Section 19, Township 23 North, Range 5 East, W.M., LESS that portion � known as Primary State Highway No. 5 and also LESS that portion, if �� any, known as Lake Avenue South, also known as 94th Avenue South; � � E Situate in the County of King, State of Washington. .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: �l An Easement Area One Hundred ten(110)feet in width described as follows r' �"� ^�� � Same as the above described Property. � a � o �' �J _ VLJ Q 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 facilltles. Poles and/or towers with crossarms, braces, guys and anchors; electric � transmission and distribution lines;fiber optic cable,communication and signal lines;transformers. b. Underground facllltles. Underground conduits, cables, vaults, manholes, switches and transformers;semi-buried or ground mounted facilities such as pads, transformers and switches;fiber optic cable, r�_ 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. C`._ 2. Access. Grantee shall have the right of access to the Easement Area over and across the Property 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 Outs(de Easement Area. Grantee shall have the right to cut, trim, remove and dispose of any trees located on the Properry outside the Easement Area which could, in Grantee's sole judgment, intehere 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 otherwise 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 of 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 liability 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. EXCISE TAX NOT REQUIRED Kln `o. F�ecords ivlsion 788.32 6-89 Transmission � uty 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 otherwise transfer any or all of its rights,benefits,privileges and interests arising in and under this easement. Without limiting the generality 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 CITY OF RENTON, a hington munlclpality corporatlon ATTEST: gy � Marilyn J. etersen, City Clerk STATE OF WASHINGTON ) ) SS COUNTY OF ) ���l.G� On this�iay per I appeared before me and to me known to be the and respectively,of CITY OF RENTON,the Municipal rporation 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 .�.7�' day of 19 q5 C-�� �Zr����rr� P n��Name:WSi9 STEI�/fE7V Notary Public i�r and for the State of Washington, Residing at /'f�✓vTD/✓ My commission expires /'J—/ — 7 � � � d 0 P'� � Q � �