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Public Uitlity District No 1 3/7/2018
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Public Uitlity District No 1 3/7/2018
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Last modified
5/3/2018 10:57:37 AM
Creation date
5/3/2018 10:57:33 AM
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Contracts
Contractor's Name
Public Uitlity District No 1
Approval Date
3/7/2018
Council Approval Date
2/28/2018
Department
Facilities
Department Project Manager
Barb Hardman
Subject / Project Title
Distribution Easement to PUD 35th and Smith
Tracking Number
0001184
Total Compensation
$1,614.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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Beginning at the Southwest property corner,thence East 20 feet; thence North 5 feet;thence <br /> West 20 feet;thence South 5 feet parallel and adjoining to Smith Avenue to the point of <br /> beginning, as generally depicted on Exhibit"B". <br /> 2. Access To and Across Property. Grantee has the right of ingress to and egress from the <br /> Easement Area across the adjacent Property of Owner where same is reasonably necessary for the <br /> purpose of exercising its easement rights described in Section 1. <br /> 3. Owner's Reservation of Rights and Use of Easement Area. Owner reserves the right to <br /> use the Easement Area in a manner that does not interfere with the Grantee's use of the Easement <br /> Area, and/or present a hazard to Grantee's electric distribution lines and facilities, communication wires <br /> and cables, and other appurtenances. The Owner shall not construct or permit to be constructed any <br /> structures of any kind in the Easement Area without prior approval of the Grantee. <br /> 4. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said <br /> Easement Area and keep the same clear of all brush, debris and trees. <br /> 5. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to <br /> cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee <br /> constitute a hazard to said lines and facilities, communication wires and cables, and other <br /> appurtenances or the Grantee's access thereto. Trees, brush or other growth shall be deemed <br /> hazardous to the lines or facilities or access of the Grantee when they are of such a height that they <br /> could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen feet <br /> (15'). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and <br /> make a reasonable effort to give Owner prior notice that such trees will be trimmed or removed. <br /> 6. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees <br /> and structures removed from the Easement Area and the Property pursuant to Sections 4 and 5 shall be <br /> vested in the Grantee, and the consideration paid for this Easement and rights herein described is <br /> accepted by Owner as full compensation for said removed brush, debris, trees and structures. Owner <br /> shall be entitled to request fallen timber be set aside for Owner's personal use. Grantee shall make <br /> reasonable effort to set aside said fallen timber provided doing the same is safe in Grantee's sole <br /> opinion. Title to any fallen timber set aside in this manner shall revert to the Owner. <br /> 7. Restoration Provision. To the extent that Owner's Property is disturbed and/or damaged <br /> by Grantee's exercise of its rights hereunder, Grantee shall restore the condition of the Property as <br /> nearly as reasonably possible to its existing condition prior to said exercise of its rights. <br /> 8. Title to Property. The Owner represents and warrants having the lawful right and power <br /> to sell and convey this Easement to Grantee. <br /> 9. Binding Effect. This Easement and the rights and obligations under this Easement are <br /> intended to and shall run with the Property and shall benefit and bind the Parties and their respective <br /> heirs, successors and assigns. <br /> 10. Governing Law and Venue. This Easement shall be governed by and construed in <br /> accordance with the laws of the State of Washington. The venue for any action to enforce or interpret <br /> this Easement shall lie in the Superior Court of Washington for Snohomish County,Washington. <br /> 11. Authority. Each party signing this Easement, if on behalf of an entity, represents that <br /> they have full authority to sign this Easement on behalf of such entity. <br />
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