HomeMy WebLinkAboutPacifiCorp - Underground Right of Way EasementReturn to: Pacific Power
500 N Keys Rd
Yakima WA 98901
CC#: 11531 WO#: 006522559
UNDERGROUND RIGHT OF WAY EASEMENT
For value received, City of Yakima ("Grantor"), hereby grants to PacifiCorp, an Oregon
corporation, its successors and assigns ("Grantee"), a perpetual easement for a right of way 8 feet in width
and 700 feet in length, more or less, for the construction, reconstruction, operation, maintenance, repair,
replacement, enlargement, and removal of Grantee's underground electric distribution and communication
lines and all necessary or desirable accessories and appurtenances thereto, including without limitation:
wires, fibers, cables and other conductors and conduits therefore; and pads, transformers, switches, cabinets,
vaults on, across, or under the surface of the real property of Grantor in Yakima County, State of
Washington, as more particularly described as follows and/or shown on Exhibit(s) A attached hereto and
by this reference made a part hereof
A portion of:
That portion of the southwest quarter of the northeast quarter of Section 15, Township 13 North, Range
18 E. W.M., lying easterly of the easterly right of way line of the Pacific Power & Light Company's Canal.
EXCEPT road along the north line thereof;
EXCEPT the east 334.4 feet thereof;
AND EXCEPT beginning at the intersection of the north line of said subdivision and the easterly right
of Pacific Power & Light Company's Canal;
thence east 104 feet;
thence south 195 feet, more or less, to the easterly right of way line of said Pacific Power & Light
Company's Canal;
thence in a general northwesterly direction along the easterlyright of way line of said Pacific Power &
Light Company's Canal, to the point of beginning.
Also including that portion of the southwest quarter of the northwest quarter of Section 15, Township
13 North, Range 18 E.W.M., lying southwesterly of Pacific Power & Light Company's Canal and
northeasterly of the Power House Road,
EXCEPT that portion thereof lying within the following described tract:
Beginning at a point on the west line of said subdivision, 237.6 feet south of its northwest corner
thence south 70°40' west 49 feet, more or less, to a point on the easterly right of way line of said road,
herein after referred to as point "A";
Rev. 11/6/2017
thence north 70°40' east to the westerly right of way line of said canal, the true point of beginning;
thence southeasterly along said canal right of way line 239 feel;
thence southwesterly 177 feet, more or less, to a point on tlh easterly right of way line of said road, situate
234 feet southeasterly measured along said road right of way from said point "A";
thence northwesterly along said road right of way line to the south line of the north half of said section;
thence east along said line to the westerly right of way line of said canal; thence southeasterly along said
canal right of way to the true point of beginning,
Parcel No.: 181315-13002
Together with the right of ingress and egress for Grantee, its contractors, or agents, to the right
of way from adjacent lands of Grantor for all activities in connection with the purposes for which this
easement has been granted; and together with the present and (without payment therefore) the future right
to keep the right of way clear of all brush, trees, timber, structures, buildings and other hazards which might
endanger Grantec's facilities or impede Grantee's activities.
At no time shall Grantor place or store any flammable materials or light any fires, on or within
the boundaries of the right of way. Subject to the foregoing limitations, the surface of the right of way may
be used for other purposes not inconsistent, as determined by the Grantee, with the purposes for which this
easement has been granted.
JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE
PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR
IN CONNECTION WITH THIS EASEMENT. EACH PARTY FURTHER WAIVES ANY
RIGHT TO CONSOLIDATE, OR TO REQUEST THE CONSOLIDATION OF, ANY ACTION
IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH
A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THIS PARAGRAPH WILL
SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
Grantor represents and warrants that it possesses all right, title and interest in and to the right
of way area, free and clear of any lien, security interest, encumbrance, claim, license or other restriction
that would interfere with Grantee's use of the right of way area for the purposes contemplated hereunder.
The rights and obligations of the parties hereto shall be binding upon and shall benefit their
respective heirs, successors and assigns and shall run with the land.
Rev. 11/6/2017
By:
Irs: C-rr', Pt4/14 6-C`SZ
Dated this 54-1 day of
GRANTOR
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RESOLUTION NO: /1/2
REPRESENTATIVE ACKNOWLEDGEMENT
State of 1
County of
This instrument was acknowledged before me on this 5
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by (L(fT f Y (,E%'Otr( , as
Name of Represen tive
of e.,e�
`Gam_ of Enti on behal f whom this instrument was executed
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NOTARY`
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Notary P4'
, 20�.
day of J ,2ZD(C,
Title of Representat
My commission expires:
Rev. 11/6/2017
PROPERTY DESCRIPTION
Section: 15, Township: 13 N, Range: 18 E, Willamette Meridian,
Yakima County, State of Washington.
Map / Tax Lot or Parcel No.: 181315-13002
appx 830'
11041
124
ff4.)a.41e
• ' • ' ' • • 4
?"-tC
NNV corner, SNV 1/4,
N/E 114, Section 15,
T 13 N, R 18 E.W.M.
31404 .7
31403
:,11.,154 •
L
An easemert 8' wide,
appx 700' in length for
underground power —
.1 91117 414)9 111)7 S
•
LAI/RA t FE MH COURT ;
31407
CC#: 11531 WO#: 006522559
Landowner Name: City of Yakima
Drawn by: Ryan
EXHIBIT A
This drawing should be used only as a representation of the
location of the easement area. The exact location of all structures,
lines and appurtenances is subject to change within the boundaries
of the described easement area.
PACIFIC POWER
A DIVISION OF PACIFICORP