HomeMy WebLinkAboutPacifiCorp - Underground Right Of Way EasementReturn to: Pacific Power
500 N Keys Road
Yakima, WA 98901
CC#: 11531 WO#:06516607
UNDERGROUND RIGHT OF WAY EASEMENT
Grantor: City of Yakima, a Municipal Corporation
Grantee: PacifiCorp, an Oregon Corporation
Abbreviated Legal Description: Portion of the South 533.5 feet of the SE 'A SE 1/4 NW 1/4 of
Section 35, T. 13 N., R. 18 E.W.M. lying Southwesterly of West
Washington Avenue
Complete legal descriptions on pages 1-2 below.
Assessor's Tax Parcel Id No.: 181335-24033
UNDERGROUND RIGHT OF WAY EASEMENT
For value received, Yakima City ("Grantor"), hereby grants to PacifiCorp, an Oregon
corporation, its successors and assigns ("Grantee"), a perpetual easement for a right of way 5 feet in width
and 50 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 therefor; 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 and described as follows:
Rev. 9/26/2018
5 FOOT WIDE UNDERGROUND POWER T
(hereinafter "Easement"):
NSMISSION EASEMENT DESCRIPTION
That portion of the Northwest quarter of Section 35, Township 13 North, Range 18 East, W.M.,
described as follows:
Commencing at the Center of said Section 35;
Thence North 89°54'21" West along the South line of said Northwest quarter 441.65 feet;
Thence North 0°1708" East 296.04 feet;
Thence South 89°42'52" East 17.88 feet to the Point of Beginning;
Thence South 88°38'55" East 8.68 feet;
Thence North 44°44'23" East 51.08 feet;
Thence North 45°15'37" West 5.00 feet;
Thence South 44°44'23" West 48.92 feet;
Thence North 88°38'55" West 6.27 feet;
Thence South 4°13'52" West 5.01 feet to the Point of Beginning.
Situate in Yakima County, State of Washington
SUBJECT to rights reserved in federal patents, state or railroad deeds, and easements, conditions,
restrictions, reservations, rights of way, covenants and other servitudes appearing of record or visible upon
inspection over or upon the above-described property.
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 therefor) the future right to
keep the right of way clear of all brush, trees, timber, structures, buildings and other hazards which might
endanger Grantee's facilities or impede Grantee's activities, however, the parties agree that Grantor may
construct a parking lot directly adjacent to and/or over, the easement area.
At no time shall Grantor conduct or permit any ground penetrating activity or excavation in the
right of way without the express written consent of the Grantee. Subject to the foregoing limitations, 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 PE ' ITTED 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.
Rev. 9/26/2018
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.
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REPRESENTATIVE ACKNOWLEDGEMENT
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CITY CONTRACT NO: 420P "
RESOLUTION NO:
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Rev. 9/26/2018
Exhibit A
Rev. 9/26/2018