Real Estate Mortgage) PUGET SOUND ENERGY, INC. TO Trustee Eighty-Second Supplemental Indenture Dated as of April 27, 2005 Relating to First Mortgage Bonds Supplemental to Indenture dated as of June 2, 1924, as supplemented and modified (NOT PART OF...
Exhibit
4.30
PUGET
SOUND ENERGY, INC.
TO
U.S.
BANK NATIONAL ASSOCIATION,
Trustee
_______________
Eighty-Second
Supplemental Indenture
Dated
as of April 27, 2005
_______________
Relating
to First Mortgage Bonds
_______________
Supplemental
to Indenture dated as of
June
2, 1924, as supplemented and modified
_______________
(NOT
PART OF INDENTURE)
THIS
EIGHTY-SECOND SUPPLEMENTAL INDENTURE, made as of the 27th day of April,
2005, by and between Puget Sound Energy, Inc., formerly Puget Sound Power &
Light Company, a corporation duly organized and existing under and by virtue
of
the laws of the State of Washington (hereinafter sometimes called the
“Company”), party of the first part, and U.S. Bank National
Association,
a
national banking association with
a
principal corporate trust office at 000 Xxxx Xxxxxx, Xxxxx 0000, in the city
of
Xxx Xxxx xxx Xxxxx xx Xxx Xxxx 00000 (successor to Old Colony Trust Company)
(hereinafter sometimes called the “Trustee”), as Trustee under the First
Mortgage (originally, and before modification thereof by certain supplemental
indentures, called “First and Refunding Mortgage”) from Puget Sound Power &
Light Company, a Massachusetts corporation (hereinafter sometimes called the
“Predecessor Company”), dated as of June 2, 1924 (said Mortgage being
hereinafter sometimes called the “Original Mortgage”), as supplemented and
modified by all indentures supplemental thereto heretofore executed and
delivered, party of the second part;
WITNESSETH:
that
WHEREAS,
the Predecessor Company did by the Original Mortgage, filed for record in the
offices of the Auditors of the Counties of Chelan, Clallam, Cowlitz, Douglas,
Grant, Grays Harbor, Island, Jefferson, King, Kitsap, Kittitas, Lewis, Mason,
Pacific, Xxxxxx, Skagit, Snohomish, Xxxxxxxx and Whatcom, all in the State
of
Washington, and left on file as a chattel mortgage in each of said counties,
convey and pledge certain property therein described to Old Colony Trust
Company, as Trustee, to be held upon the trusts expressed in the Original
Mortgage to equally secure an unlimited authorized amount of mortgage bonds
(therein and herein called the “Bonds”) issued or to be issued in one or more
series, all as more fully provided in the Original Mortgage; and
WHEREAS,
the Predecessor Company, prior to September 1, 1954, had executed and delivered
to the Trustee thirty-nine supplemental indentures, supplementing and in certain
respects modifying the Original Mortgage and providing for the execution,
certification and delivery of Bonds of various series from time to time pursuant
thereto (which Original Mortgage, as so supplemented and modified, is therein
and herein sometimes called the “First Mortgage”); and
WHEREAS,
the Predecessor Company executed and delivered to the Trustee a Fortieth
Supplemental Indenture, dated as of September 1, 1954, which Supplemental
Indenture is divided into two parts, designated as Part I and Part II, and
Part
I thereof provided for the establishment and the execution, certification and
delivery initially of Twenty-Five Million Dollars ($25,000,000) principal amount
of a series of Bonds, designated as First Mortgage Bonds, 3-1/2% Series due
1984, and contained certain covenants, restrictions, conditions and provisions
affecting, and provided for certain modifications of, the First Mortgage (the
First Mortgage, as so supplemented and modified by said Part I, being sometimes
in said Fortieth Supplemental Indenture and herein called the “Revised First
Mortgage”) and Part II thereof provided for modifications of the Revised First
Mortgage as therein set forth, which modifications became effective on October
20, 1955 (the Revised First Mortgage as so modified by Part II of the Fortieth
Supplemental Indenture as heretofore, hereby, and hereafter supplemented and
modified being sometimes in said Part II and herein called the “Indenture” and
references herein to Sections, Articles or other provisions of the Indenture
being to the revised or modified provisions thereof as set forth in Part II
of
the Fortieth Supplemental Indenture); and
WHEREAS,
the Predecessor Company has heretofore executed and delivered to the Trustee
a
Forty-First Supplemental Indenture dated as of December 1, 1954, a Forty-Second
Supplemental Indenture dated as of July 1, 1957, a Forty-Third Supplemental
Indenture dated as of May 1, 1958, a Forty-Fourth Supplemental Indenture dated
as of November l, 1959, and a Forty-Fifth Supplemental Indenture dated as of
April 1, 1960, all of which mortgaged, pledged, assigned, conveyed and
transferred to the Trustee and subjected to the lien of the Indenture additional
property acquired or constructed, and betterments, improvements and additions
made to the mortgaged property, since the execution and delivery of the Fortieth
Supplemental Indenture; and
WHEREAS,
the Company has executed and delivered to the Trustee a Forty-Sixth Supplemental
Indenture dated as of November 10, 1960, whereby the Company has succeeded
to
the Predecessor Company with the same effect as if the Company had been named
in
the Indenture as the mortgagor company and in the Bonds and coupons as the
obligor thereon or maker thereof, and the Predecessor Company merged into the
Company on November 16, 1960, whereupon the Company acquired all the property,
real, personal or mixed, including all rights, privileges, easements, licenses
and franchises, described in the Indenture and thereby conveyed and mortgaged
or
intended so to be, including also all such property acquired by the Predecessor
Company since the execution and delivery of the Original Mortgage, which by
the
terms of the Indenture is subjected or intended to be subjected to the lien
thereof; and
WHEREAS,
the Company has executed and delivered to the Trustee the supplemental
indentures set forth herein:
|
Supplemental
Indenture
|
Dated
as of
|
|
Forty-Seventh
Supplemental Indenture
|
February
1, 1961
|
|
Forty-Eighth
Supplemental Indenture
|
November
1, 1963
|
|
Forty-Ninth
Supplemental Indenture
|
May
1, 1964
|
|
Fiftieth
Supplemental Indenture
|
January
1, 1966
|
|
Fifty-First
Supplemental Indenture
|
June
1, 1967
|
|
Fifty-Second
Supplemental Indenture
|
February
1, 1969
|
|
Fifty-Third
Supplemental Indenture
|
July
1, 1970
|
|
Fifty-Fourth
Supplemental Indenture
|
October
1, 1972
|
|
Fifty-Fifth
Supplemental Indenture
|
March
1, 1974
|
|
Fifty-Sixth
Supplemental Indenture
|
November
1, 1974
|
|
Fifty-Seventh
Supplemental Indenture
|
August
1, 1975
|
|
Fifty-Eighth
Supplemental Indenture
|
October
1, 1976
|
|
Fifty-Ninth
Supplemental Indenture
|
July
1, 1978
|
|
Sixtieth
Supplemental Indenture
|
December
1, 1979
|
|
Sixty-First
Supplemental Indenture
|
December
1, 1981
|
|
Sixty-Second
Supplemental Indenture
|
July
1, 1984
|
|
Sixty-Third
Supplemental Indenture
|
January
1, 1986
|
|
Sixty-Fourth
Supplemental Indenture
|
April
1, 1986
|
|
Sixty-Fifth
Supplemental Indenture
|
April
1, 1986
|
|
Sixty-Sixth
Supplemental Indenture
|
August
1, 1986
|
|
Sixty-Seventh
Supplemental Indenture
|
November
1, 1986
|
|
Sixty-Eighth
Supplemental Indenture
|
September
1, 1987
|
|
Sixty-Ninth
Supplemental Indenture
|
February
1, 1990
|
|
Seventieth
Supplemental Indenture
|
October
1, 1990
|
|
Seventy-First
Supplemental Indenture
|
May
1, 1991
|
|
Seventy-Second
Supplemental Indenture
|
August
1, 1991
|
|
Seventy-Third
Supplemental Indenture
|
March
1, 1992
|
|
Seventy-Fourth
Supplemental Indenture
|
October
1, 1992
|
|
Seventy-Fifth
Supplemental Indenture
|
April
1, 1993
|
|
Seventy-Sixth
Supplemental Indenture
|
December 1,
1997
|
|
Seventy-Seventh
Supplemental Indenture
|
March 1, 1999
|
|
Seventy-Eight
Supplemental Indenture
|
October
1, 2000
|
|
Seventy-Ninth
Supplemental Indenture
|
May
1, 2003
|
|
Eightieth
Supplemental Indenture
|
April 30,
2004
|
|
Eighty-First
Supplemental Indenture
|
March
1, 2005
|
all
of
which mortgaged, pledged, assigned, conveyed and transferred to the Trustee
and
subjected to the lien of the Indenture additional property acquired or
constructed, and betterments, improvements and additions made to the mortgaged
property since the execution and delivery of the Fortieth Supplemental
Indenture; and
WHEREAS,
all Bonds of any series heretofore executed, authenticated and delivered
pursuant to the Original Mortgage, as from time to time supplemented and
modified, have been retired and canceled or payment duly and irrevocably
provided for, except for the series set forth herein:
|
Principal
Amount of Bonds
|
Series
|
|
Twenty-Five
Million Dollars
($25,000,000)
|
Secured
Medium-Term Notes,
Series
A due November 30, 2006
|
|
One
Hundred Million Dollars
($100,000,000)
|
Secured
Medium-Term Notes,
Series
A due February 1, 2007
|
|
Forty-Six
Million Dollars
($46,000,000)
|
Secured
Medium-Term Notes,
Series
A due June 19, 2006
|
|
Fifty
Million Dollars
($50,000,000)
|
Secured
Medium-Term Notes,
Series
B due December 10, 2004
|
|
Three
Million Dollars
($3,000,000)
|
Secured
Medium-Term Notes,
Series
B due December 1, 2003
|
|
Eleven
Million Dollars
($11,000,000)
|
Secured
Medium-Term Notes,
Series
B due December 2, 2003
|
|
Thirty
Million Dollars
($30,000,000)
|
Secured
Medium-Term Notes,
Series
B due May 27, 2004
|
|
Fifty-Five
Million Dollars
($55,000,000)
|
Secured
Medium-Term Notes,
Series
B due February 1, 2024
|
|
Three
Hundred Million Dollars
($300,000,000)
|
First
Mortgage Bonds,
Pledged
Series A due December 1, 2027
|
|
Two
Hundred Million Dollars
($200,000,000)
|
First
Mortgage Bonds,
Pledged
Series A due June 15, 2018
|
|
One
Hundred Million Dollars
($100,000,000)
|
First
Mortgage Bonds,
Pledged
Series B due March 9, 2029
|
|
One
Hundred Fifty Million Dollars
($150,000,000)
|
First
Mortgage Bonds,
Pledged
Series B due March 9, 2029
|
|
Two
Hundred Twenty-Five Million Dollars
($225,000,000)
|
First
Mortgage Bonds,
Pledged
Series B due February 22, 2010
|
|
Twenty-Five
Million Dollars
($25,000,000)
|
First
Mortgage Bonds,
Pledged
Series B due September 8, 2008
|
|
Two
Hundred Sixty Million Dollars
($260,000,000)
|
First
Mortgage Bonds,
Pledged
Series C, due February 1, 2011
|
|
Forty
Million Dollars
($40,000,000)
|
First
Mortgage Bond,
Pledged
Series C due January 16, 2004
|
|
One
Hundred Thirty-Eight Million Four Hundred Sixty Thousand
Dollars
($138,460,000)
|
5%
First Mortgage Bonds,
Pledged
Series C due March 1, 2031
|
|
Twenty-Three
Million Four Hundred Thousand Dollars
($23,400,000)
|
5.10%
First Mortgage Bonds,
Pledged
Series C due March 1, 2031
|
which
Bonds are now outstanding and constitute the only Bonds of the Company
outstanding under the Indenture; and
WHEREAS,
effective as of the opening of business on January 4, 1971, The First National
Bank of Boston succeeded Old Colony Trust Company as Trustee under the Indenture
by reason of the merger of Old Colony Trust Company into The First National
Bank
of Boston; and
WHEREAS,
effective as of October 2, 0000, Xxxxx Xxxxxx Bank and Trust Company
succeeded The First National Bank of Boston as Trustee under the Indenture;
and
WHEREAS,
effective as of February 15, 2003, U.S. Bank National Association succeeded
State Street Bank and Trust Company as Trustee under the Indenture;
and
WHEREAS,
the Company has entered into an Indenture (the “Debenture Indenture”) dated as
of December 1, 1997 with U.S. Bank National Association (as successor to
State Street Bank and Trust Company) as trustee (in such capacity, the
“Debenture Indenture Trustee”) pursuant to which the Company proposes to issue
from time to time its Senior Notes (the “Senior Notes”) and the Company has
agreed to make certain payments to the Debenture Indenture Trustee in respect
of
the principal of, premium, if any, and interest on such Senior Notes;
and
WHEREAS,
the Company desires to execute and deliver this Eighty-Second Supplemental
Indenture, in accordance with the provisions of the Indenture, for the purpose
of confirming the lien of the Indenture on certain property acquired or
constructed by the Company since the execution and delivery of the Original
Mortgage and on certain betterments, improvements and additions made by the
Company to property previously described in the Indenture.
NOW,
THEREFORE, WITNESSETH, that, pursuant to and in execution of the powers,
authorities and obligations conferred, imposed and reserved in the Indenture,
and pursuant to and in execution of every other power, authority and obligation
thereto appertaining and/or enabling, in order to secure the payment of the
principal of, and the premium, if any, and interest on, the Bonds issued and
to
be issued under the Indenture, and secured thereby and hereby at any time
outstanding according to their tenor and effect, and the performance of all
the
covenants and conditions therein and herein and in said Bonds contained, and
for
the purpose of confirming the lien of the Indenture, said Puget Sound Energy,
Inc., organized and existing under the laws of the State of Washington, in
consideration of the premises and of One Dollar ($1.00) and other good and
valuable consideration to it duly paid by the Trustee, at or before the
execution and delivery of these presents, the receipt whereof is hereby
acknowledged, has granted, bargained, sold, conveyed, transferred, assigned,
remised, released, mortgaged, set over and confirmed and by these presents
does
grant, bargain, sell, convey, transfer, assign, remise, release, mortgage,
set
over and confirm unto U.S. Bank National Association, as Trustee, and to its
successor or successors in the trust created by the Indenture, and to said
Trustee and its assigns forever, for the uses and purposes created by the
Indenture, all property, real, personal or mixed, including all rights,
privileges, easements, licenses and franchises, described in the Indenture
and
thereby conveyed and mortgaged or intended so to be, including also all such
property acquired by the Company since the execution and delivery of the
Original Mortgage, which by the terms of the Indenture is subjected or intended
to be subjected to the lien thereof, and including also all such property as
the
Company may hereafter acquire which by the terms of the Indenture is subjected
or intended to be subjected to the lien thereof, excepting from the foregoing,
however, all property included within the foregoing general description, whether
now owned or hereafter acquired, which by the provisions of the Indenture is
excepted or to be excepted from the conveyance and lien of the Indenture, or
which has heretofore been released from the lien of the Indenture or otherwise
disposed of by the Company free from the lien of the Indenture in accordance
with the provisions thereof:
INCLUDING
NEVERTHELESS in the property hereby conveyed and confirmed to the Trustee
(without limiting the generality of the foregoing general description of such
property and without prejudice to the conveyance and confirmance of all such
property by such general description) the following:
All
property, real, personal or mixed, together with all buildings or improvements
thereon and the appurtenances thereto, located in the State of Washington and
described below or conveyed to the Company by the deeds listed on the list
of
properties and deeds below, to which deeds and the records thereof in the County
Auditor’s office of the respective counties in the State of Washington below
stated (in all cases where said deeds and/or records are below specified)
reference is hereby made for a more particular description of the property
hereby conveyed and confirmed to the Trustee and its respective successor or
successors and assigns as aforesaid, to wit:
List
of
Real Estate in the State of Washington Acquired by
Puget
Sound Energy, Inc. to Date, and Not Heretofore Specifically
Described
in Any Prior Supplemental Indenture**
Puget
Sound Energy, Inc.
KING
COUNTY
|
Section:
|
25
|
|
Township:
|
21
North
|
|
Range:
|
04
East, X.X.
|
|
Description:
|
The
parcel of land identified as the “Substation Parcel” in City of Algona
Boundary Line Adjustment No. LO-64, recorded in the records of King
County, Washington under Recording No. 20040823900001, more particularly
described as follows:
All
that portion of the Southwest Quarter of Section 25, Township 21
North,
Range 4 East, Willamette Meridian, in King County, Washington more
particularly described as follows:
Commencing
at the West quarter corner of said Section 25;
Thence
South 89°11'23" East along the North line of said Southwest quarter a
distance of 1007.83 feet;
Thence
South 00°48'37" West 30.00 feet to the South margin of 1st Avenue North
and the Point of Beginning;
Thence
South 89°11'23" East along said South margin 291.56 feet;
Thence
South 00°57'29" West 150.86 feet;
Thence
North 89°11'23" West 199.20 feet;
Thence
South 89°16'33" West 58.29 feet;
Thence
North 00°57'29" East 137.42 feet;
Thence
North 89°11'23" West 34.05 feet;
Xxxxxx
Xxxxx 00x00'00" Xxxx 15.00 feet to the South margin of 1st Avenue North
and the Point of Beginning.
______________________________
**All
numbers in the row following the designation
"Township," indicate townships north of the Willamette Base Line,
and the
Letters "E" and "W" in the row following the designation "Range,"
indicate
east or west, as the case may be, of the Willamette
Meridian.
Exceptions
to Title:
1. General
Property Taxes and Service Charges, as follows, together with interest,
penalty and statutory foreclosure costs, if any, after delinquency:
(1st
half delinquent on May 1; 2nd half delinquent on November 1)
Tax
Account No.: 2521049024
Year Billed Paid Balance
2004 $12,532.72 $6,266.36
$6,266.36
2. Easement
and the terms and conditions thereof:
Grantee:
Puget
Sound Power and Light Company,
a Washington Corporation
Purpose:
Electric transmission and/or distribution substation and one or more
electric
transmission and/or distribution lines
Area
Affected:
Said premises and other property
Recorded: October
8, 1990
Recording
No.:
9010080184
2. Ordinance
and the terms and conditions thereof:
Recorded: March
29, 1990
Recording
No.:
9003291077
Regarding: Rezoning
3. All
Covenants, Conditions, Restrictions, Reservations, Easements or Other
Servitudes, if any, disclosed by the City Of Algona Boundary Line
Adjustment No. 10-61 recorded under Recording No.
20020911900010.
Rights
or benefits, if any, which may be disclosed by the recorded document(s)
above affecting land outside the boundary described in Schedule
A.
4. All
Covenants, Conditions, Restrictions, Reservations, Easements or Other
Servitudes, if any, disclosed by Boundary Line Adjustment recorded
under
Recording No. 20040823900001.
5. Covenants,
Conditions and Restrictions imposed by instrument recorded on
September 2, 2002, under Recording No. 20020920001614.
6. Covenants,
Conditions and Restrictions imposed by instrument recorded on April
9,
2003, under Recording No. 20030409002418.
7. Agreement
and the terms and conditions thereof:
Recorded:
September
20, 2002
Recording
No.:
20020920001615
Regarding:
Drainage Agreement
8. Unrecorded
leaseholds, if any; rights of vendors and holders of security interests
on
personal property installed upon the land; and rights of tenants
to remove
trade fixtures at the expiration of the term.
9. Easement
and the terms and conditions thereof:
Grantee:
The Boeing Company, a Delaware Corporation
Purpose:
Access to and use of light poles, manholes, storm water sewer
line
Area
Affected:
A
portion of said premises
Recorded:
September
16, 2004
Recording
No.:
20040916001348
10. Terms,
Covenants and Conditions relating to easement appurtenant to said
premises
and located on adjoining property, Recording No.
20040916003149
|
|
Deed
From:
|
The
Boeing Company, a Delaware Corporation
|
|
Deed
Records
Auditors
File No.
|
20040916001347
|
|
Assessor’s
Tax
Parcel
ID#
|
252104-9024
|
XXXXXX
COUNTY
|
Section:
|
36
|
|
Township:
|
19
North
|
|
Range:
|
03
East, X.X.
|
|
Description:
|
An
undivided 49.85% interest as tenant in common as to the fee simple
estate
in Parcel A; and an undivided 49.85% interest as tenant in common
in
existing improvements installed within the easement areas more
particularly described as Parcels B, C, D, E, and F and the franchise
described as Parcel H, together with non-exclusive rights under the
easements described as Parcels B, C, D, E, F, K and L, and the franchise
described as parcel h; and an undivided 23.50% interest as tenant
in
common in existing fuel pipeline lateral installed within the easement
area more particularly described as Parcel J, together with non-exclusive
rights under easement described as Parcel J;
An
undivided 49.85% interest as tenant in common in non-exclusive easement
for private road and utility easement and non-exclusive private sanitary
sewer and water easement appurtenant to Parcel A as created under
Xxxxxx County Short Plat No. 200404155008 and described in
Parcel K;
An
undivided 49.85% interest as tenant in common in easements granted
for the
benefit of Parcel A under reciprocal easements agreement recorded
under Xxxxxx County Recording No. 200404290031 described in Parcel
L.
Parcel
A:
Xxx 0
xx Xxxxxx Xxxxxx Xxxxx Xxxx Number 200404155008, according to map
thereof
recorded April 15, 2004, in Xxxxxx County, Washington.
Parcel
B:
A
Non-Exclusive Easement as granted by instrument recorded under Xxxxxx
County Recording Number 9407080167 to operate and maintain a utility
corridor, together with the rights of ingress and egress thereto,
under or
upon/over those portions of the Southeast Quarter of Section 36,
Township 19 North, Range 3 East of the Willamette Meridian, described
as
follows:
That
portion of said Southeast Quarter lying 30 feet Easterly, when
measured at right angles, of the following described line:
Commencing
at the South Quarter corner of said Section 36;
Thence
South 89°46'55" East along the South line of said Southeast Quarter of
said Section 36, a distance of 1,398.01 feet to the proposed
centerline of 00xx Xxxxxx Xxxx;
Thence
North 00°13'05" East along said proposed centerline a distance of 30.00
feet to the North margin of 000xx Xxxxxx Xxxx and the True Point
of
Beginning;
Thence
continuing North 00°13'05" East along said proposed centerline, a distance
of 1,203.17 feet to a point hereinafter referred to as Point "A"
and the
terminus of this line description;
Together
with that portion of said Southeast Quarter being a 60 foot wide
non-exclusive utilities easement lying 30 feet on each side of the
following described centerline:
Beginning
at the hereinabove described Point "A", said point being the beginning
of
a curve concave to the West having a radius of 650.00 feet (xxx xxxxxx
xxxxxx xxxxx Xxxxx 00x00'00" Xxxx);
Thence
Northerly 100.00 feet along said curve through a central angle of
08°48'53", to a point hereinafter referred to as Point "B" and the
terminus of this centerline description;
And
together with that portion of said Southeast Quarter lying 30 feet
Westerly, when measured at right angles, of the following described
line:
Beginning
at the hereinabove described Point "B", said point being a point
on a
curve concave to the West having a radius of 650.00 feet (xxx xxxxxx
xxxxxx xxxxx Xxxxx 00x00'00" Xxxx);
Thence
Northerly 63.12 feet along said curve through a central angle of
05°33'49";
Thence
North 14°09'37" West a distance of 181.95 feet to the beginning of a curve
concave to the East having a radius of 650.00 feet;
Thence
Northerly 158.25 feet along said curve through a central angle of
13°56'59";
Thence
North 00°12'38" West a distance of 924.52 feet to the Northeast corner of
the Northwest Quarter of said Southeast Quarter and the terminus
of this
line description.
Except
any portion thereof lying within the existing margins of 000xx Xxxxxx
Xxxx
and 50th Avenue East.
Parcel
C:
An
Easement as granted by instrument recorded under Xxxxxx County Recording
Number 9305110110, to construct, maintain, operate, repair, replace
and
remove, in whole or in part, a 230 kv underground electric
transmission line, together with the right and privilege to construct,
maintain, operate, repair, replace and remove, in whole or in part,
all
necessary fixtures and appurtenances, under, on, over and across
the
following described property:
A
strip of land 15 feet in width on, along and across a 100 foot strip
of
land in the Southwest Quarter of the Northeast Quarter, the Southeast
Quarter of the Northwest Quarter, the Northeast Quarter of Southwest
Quarter, and Government Xxx 0 xx Xxxxxxx 00, Xxxxxxxx 00 Xxxxx, Xxxxx
0
East of the Willamette Meridian, lying 7 and one half feet on each
side of
the following described line:
Commencing
at the Southwest corner of Government Lot 2;
Thence
Northerly along the West line of said Government Xxx 0, Xxxxx 00x00'00"
Xxxx, 431.56 feet to the South right of way line of the Chehalis
Western
Railroad;
Thence
Northeasterly along said South right of way line, North 76°15'40" East,
4.22 feet to the True Point of Beginning of said described line and
the
beginning of a non-tangent curve concave to the Southwest whose radius
point bears South 59°22'54" West 60 feet;
Thence
along the arc of said curve, 29.45 feet through a central angle of
28°07'14";
Thence
North 58°44'20" West 70.70 feet to the beginning of a curve concave to the
Southwest having a radius of 59.75 feet;
Thence
along the arc of said curve 46.93 feet through a central angle of
45°00'00" to a point 7.50 feet South of, as measured at right angles
to,
the North right of way line of said Chehalis Western
Railroad;
Thence
Westerly and parallel with said North right xx xxx xxxx, Xxxxx 00x00'00"
West 840.21 feet to the beginning of a curve concave to Southeast
having a
radius of 3,507.70 feet;
Thence
continuing Westerly and parallel with said North right of way line
and
along the arc of said curve 496.01 feet through a central angle of
08°06'07" to a point of compound curvature and the beginning of a curve
concave to the Southeast having a radius of 2,498.25 feet;
Thence
continuing Westerly and parallel with said North right of way line
and
along the arc of said curve 527.02 feet through a central angle of
12°05'13" to the beginning of a reverse curve concave to the North whose
radius point bears North 33°55'35" West 60.00 feet;
Thence
along the arc of said curve, 29.98 feet through a central angle of
28°37'41" to the North right of way line of said Chehalis Western Railroad
and the end of said described line.
Parcel
D:
An
Easement as granted by instrument recorded under Xxxxxx County Recording
Number 9406160392, to construct, maintain, operate, inspect, repair,
replace or remove an electric transmission line and appurtenances
thereto,
for the transportation of electricity, together with the rights of
ingress
and egress thereto, on, under, across and through the following described
property:
A
strip of land 5.00 feet in width in the Southwest Quarter of Section
36,
Township 19 North, Range 3 East of the Willamette Meridian, in Xxxxxx
County, Washington, whose Southwesterly line lies 5.00 feet Southwesterly
of, and parallel with, the following described line:
Commencing
at the Southwest corner of Government Lot 2 of said Section
36;
Thence
Northerly along the West line of said Government Xxx 0, Xxxxx 00x00'00"
Xxxx, 431.56 feet to the South right of way line of the Chehalis
Western
Railroad;
Thence
Northeasterly along said South right of way line, North 76°15'40" East,
4.22 feet to the beginning of a non-tangent curve concave to the
Southwest
whose radius point bears South 59°22'54" West 60 feet;
Thence
along the arc of said curve, 29.45 feet through a central angle of
28°07'14";
Thence
North 58°44'20" West 70.70 feet to the beginning of a curve concave to the
Southwest having a radius of 59.75 feet;
Thence
along the arc of said curve 46.93 feet through a central angle of
45°00'00" to a point 7.50 feet South of, as measured at right angles
to,
the North right of way line of said Chehalis Western
Railroad;
Thence
Westerly and parallel with said North right xx xxx xxxx, Xxxxx 00x00'00"
West 840.21 feet to the beginning of a curve concave to the Southeast
having a radius of 3,507.70 feet;
Thence
continuing Westerly and parallel with said North right of way line
and
along the arc of said curve 496.01 feet through a central angle of
08°06'07" to a point of compound curvature and the beginning of a curve
concave to the Southeast having a radius of 2,498.25 feet;
Thence
continuing Westerly and parallel with said North right of way line
and
along the arc of said curve 527.02 feet through a central angle of
12°05'13" to the beginning of a reverse curve concave to the North whose
radius point bears North 33°55'35" West 60.00 feet;
Thence
along the arc of said curve, 29.98 feet through a central angle of
28°37'41" to the North right of way line of said Chehalis Western Railroad
and the South line of a parcel of land conveyed to the Olympic Pipeline
Company by statutory warranty deed recorded under Auditor's Fee
Number 2493256 and the true point of beginning of said described line
and the beginning of a curve concave to the Northeast whose radius
point
bears North 05°17'54" West 60.00;
Thence
along the arc of said curve 56.26 feet through a central angle of
53°43'20" to the West line of said Olympic Pipeline Company parcel and
the
end of said described line.
Parcel
E:
A
Non-Exclusive Easement as granted by instrument recorded under Xxxxxx
County Recording Number 9407080167 to operate and maintain a utility
corridor, together with the rights of ingress and egress thereto,
under or
upon/over those portions of the Southeast Quarter of Section 36,
Township
19 North, Range 3 East of the Willamette Meridian, described as
follows:
A
strip of land 30.00 feet in width in the Southwest and Northwest
Quarters
of Section 36, Township 19 North, Range 3 East of the Willamette
Meridian,
in Xxxxxx County, Washington, lying 15.00 on each side of the following
described line:
Commencing
at the Southwest corner of Government Lot 2 of said Section
36;
Thence
Northerly along the West line of said Government Xxx 0, Xxxxx 00x00'00"
Xxxx, 431.56 feet to the South right of way line of the Chehalis
Western
Railroad;
Thence
Northeasterly along said South right of way line, North 76°15'40" East,
4.22 feet to the beginning of a non-tangent curve concave to the
Southwest
whose radius point bears South 59°22'54" West 60 feet;
Thence
along the arc of said curve, 29.45 feet through a central angle of
28°07'14";
Thence
North 58°44'20" West 70.70 feet to the beginning of a curve concave to the
Southwest having a radius of 59.75 feet;
Thence
along the arc of said curve 46.93 feet through a central angle of
45°00'00" to a point 7.50 feet South of, as measured at right angles
to,
the North right of way line of said Chehalis Western
Railroad;
Thence
Westerly and parallel with said North right xx xxx xxxx, Xxxxx 00x00'00"
West 840.21 feet to the beginning of a curve concave to Southeast
having a
radius of 3,507.70 feet;
Thence
continuing Westerly and parallel with said North right of way line
and
along the arc of said curve 496.01 feet through a central angle of
08°06'07" to a point of compound curvature and the beginning of a curve
concave to the Southeast having a radius of 2,498.25 feet;
Thence
continuing Westerly and parallel with said North right of way line
and
along the arc of said curve 527.02 feet through a central angle of
12°05'13" to the beginning of a reverse curve concave to the North whose
radius point bears North 33°55'35" West 60.00 feet;
Thence
along the arc of said curve, 29.98 feet through a central angle of
28°37'41" to the North right of way line of said Chehalis Western Railroad
and the South line of a parcel of land conveyed to the Olympic Pipeline
Company by statutory warranty deed recorded under Auditor's Fee Number
2493256 and the beginning of a curve concave to the Northeast whose
radius
point bears North 05°17'54" West 60.00;
Thence
along the arc of said curve 56.26 feet through a central angle of
53°43'20" to the West line of said Olympic Pipeline Company parcel and
the
true point of beginning of said described line and the beginning
of a
curve concave to the East whose radius point bears North 48°25'26" East
60.00 feet;
Thence
along the arc of said curve 43.36 feet through a central angle of
41°24'35" to a point 15.00 feet West of, as measured at right angles,
the
West line of said Olympic Pipeline Company parcel;
Thence
Northerly and parallel with said West line, North 00°09'59" West 547.45
feet to the North line of Parcel "B" as conveyed to the Port of Tacoma
by
statutory warranty deed recorded under Auditor's Fee Number 2261403
and
the end of said described line.
Parcel
F:
An
Easement as granted by instrument recorded under Xxxxxx County Recording
Number 9407080167 for utilities, together with the rights of ingress
and
egress thereto through and over a parcel of land in the Southeast
Quarter
of Section 36, Township 19 North, Range 3 East of the Willamette
Meridian,
Xxxxxx County, State of Washington, being more particularly described
as
follows:
Beginning
at the Northwest corner of a parcel of land conveyed to Xxxxxx County
for
right of way of 50th Avenue East by quit claim deed recorded under
Recording Number 9307070957;
Thence
Northerly and parallel with the center line of said right of way,
North
00°13'05" East 693.16 feet to the Northeast corner of a parcel of land
conveyed to Toray Composites Inc. by statutory warranty deed recorded
under Recording Number 9210300678;
Thence
Easterly along the North line of said Xxxxx xxxxxx xxxxxxxx, Xxxxx
00x00'00" East 30.00 feet;
Thence
South 00°13'05" West 693.14 feet to a point on the north line of said
parcel of land conveyed to Xxxxxx County for right of way of 50th
Avenue
East by quit claim deed recorded under Recording Number 9307070957
lying
30 feet easterly of the Point of Beginning;
Thence
Westerly along said Xxxxx xxxx, Xxxxx 00x00'00" Xxxx 30.00 feet to the
Point of Beginning.
Parcel
G:
Intentionally
Deleted.
Parcel
H:
A
Non-Exclusive Franchise as created by Ordinance Numbers 94-1 and
95-136
and recorded under Xxxxxx County Recording Numbers 9406060135 and
9605080126, for a term of twenty-five years beginning May 3, 1994,
to
construct, maintain and operate transmission and distribution lines
for
the transmission, distribution and sale of electrical energy, together
with poles, wires, underground conduits and other appurtenances across,
under, along and over 50th Avenue East in Section 36, Township 19
North,
Range 3 East of the Willamette Meridian.
Parcel
I:
Intentionally
Deleted.
Parcel
J:
An
Easement as granted by instrument recorded under Xxxxxx County Recording
Number 9412130093 to locate, survey a route, construct, entrench,
maintain, protect, inspect and operate a pipeline with appurtenances,
together with the right of ingress and egress, over, under and through
a
strip of land 45 feet in width over that portion of Government Lot
4 of
the Southeast Quarter of Section 36, Township 19 North, Range 3 East
of
the Willamette Meridian, being described as follows:
Commencing
at the South Quarter corner of said Section 36;
Thence
South 89°46'55" East along the South line of said Section 36, 428.05
feet;
Thence
North 00°10'17" West 120.00 feet to the Southeast corner of Parcel No. 1
as described by real estate contract recorded under Xxxxxx County
Auditor's Fee No. 2962736;
Thence
continuing North 00°10'17" West along the East line of said Parcel No. 1,
a distance of 1206.67 feet to the North line of the Southwest Quarter
of
said Southeast Quarter of said Section 36;
Thence
South 89°44'19" East along said North line, 896.10 feet to the Northwest
corner of said Government Lot 4;
Thence
South 89°44'19" East along the North line of said Government Lot 4, a
distance of 45.90 feet to a point on a curve whose center bears South
81°36'35" West 620.00 feet, said point also being the True Point of
Beginning;
Thence
continuing South 89°44'19" East along said North line of said Government
Lot 4, a distance of 1056.51 feet to the West margin of Canyon Road
as
dedicated per deed recorded under Auditor's Recording No. 8712290338,
records of Xxxxxx County, Washington;
Thence
South 01°03'09" West along said West margin, 45.00 feet to the
intersection with a line 45 feet South of, when measured
perpendicular to the North line of said Government Lot 4;
Thence
North 89°44'19" West along said parallel line, 1050.72 feet to a point on
a curve to the left whose center bears South 85°47'48" West 620.00
feet;
Thence
Northerly along said curve to the left through a central angle of
04°11'14" an arc distance of 45.31 feet to the North line of said
Government Xxx 0 xxx xxx Xxxx Xxxxx xx Xxxxxxxxx;
Except
the existing 75 foot gas easement as shown on survey recorded under
Auditor's Recording No. 9206090529.
Parcel
K:
A
Non-Exclusive 28-foot wide Easement for private road and utility
easement
for the benefit of parcel a, and a Non-Exclusive 27-foot wide Easement
for
private sanitary sewer and water easement for the benefit of Parcel
A
created under Xxxxxx County Short Plat No. 200404155008.
Parcel
L:
Easements
to be granted for the benefit of Parcel A under Reciprocal Easements
Agreement recorded April 29, 2004, Recording Number
200404290031.
Situate
in the County of Xxxxxx, State of Washington.
Special
Exceptions:
1. Agreement
and the terms and conditions thereof:
Between: Xxxxxx
County
And:
Port of Tacoma
Recorded:
May
22, 1989
Recording
Number:
8905220198
Regarding:
Application of residential equivalent units obtained through local
Improvement District 87-1
Affects:
This and other property
2. Restrictions
contained in Large Lot Division Number 9405310739, as
follows:
The
approval of this Large Lot Division is not a guarantee that future
permits
will be granted.
Public
Works Notes:
1. Access
to Lots 1 through 4 will be reviewed at the time of commercial building
permit application. Only
commercial
type building permits will be issued for these lots. This deferral
will require that any private roads shown on this large lot or
on
the commercial application meet the requirements of Ordinance 92-120
or
the most recent version thereof.
2.
A comprehensive storm drainage plan for Lots 1 through 4 will be
reviewed
at the time of commercial building permit
application. Only commercial type building permits will be
issued for these lots.
3.
Each lot owner and their successors shall be responsible for controlling
the storm water runoff created by this development
and,
individually and collectively, responsible for maintaining the project's
storm drain system.
4.
Priorto
grading, filling, clearing, or creation of impervious surfaces, the
owner/developer shall comply with the Xxxxxx County Site Development
Ordinance 90-132 or the most current version thereof.
5. Building
permits can be issued on all lots in this plat, however no final
occupancy
permits will be issued on Lots 1, 2, 3 and 4 until 50th Avenue Xxxxxx
East
and 186th Street East has been constructed county and approved by
Fire
Xxxxxxxx notes.
6. The
emergency vehicle access shall extend to within 150 feet of all
portions of any exterior wall of the first story of the residential
structure.
7. Fire
flow requirements shall be determined at the time of application
for
building permit.
Utility
Department Notes:
8. All
new
development approved to utilize interim on-site sewage systems after
the
effective date of July 1, 1993, shall connect to a permanent sewage
treatment and disposal system when that system becomes available,
as
defined by the appropriate agencies.
9. This
property has been assessed for sanitary sewers constructed under
Utility
Local Improvement District 87-1 based upon conditions prior to this
subdivision. All lot ownership shall be required to construct any
additional facilities that may be required and to pay any additional
fees
per Ordinance 89-60 as amended from time to time prior to obtaining
service.
10.
Guarantee of
sewage treatment plant capacity is hereby approved only to the extent
of
the number of Residential Equivalents (R.E.) actually paid for in
the
sewer connection charges imposed as a condition of the approval of
this
plat. The county does not guarantee the availability of any
additional sewage treatment plant capacity for the real property
described
on the face of this plat.
11.
Each
lot of this large plat shall be served by an individual side sewer
stub
unless otherwise approved by the director.
12.
Xxxxxx County, its officers, employees, agents, successors, assigns
and
its contractors, are hereby granted a perpetual easement with right
of
immediate entry and continued access for the construction, improvement,
maintenance and repair of storm drainage, water and sanitary sewer
pipes,
manholes and other utility strictures over, under, and across the
easements and private roads shown on the face of the plat.
13.
The property owners shall be responsible for the repair and
maintenance of the private sanitary sewer lines in joint usage from
the point where the joint usage occurs to the public mainline sewer
hookup. Cost of the maintenance and repair shall be shared equally
by the owners. The agreement to repair and maintain shown on this
plat shall be a covenant running with the real property described
herein
and shall be binding on all subsequent heirs, executors, administrators,
agents, and assigns.
14. The
cost of any repairs for the private sanitary sewer lines from the
point
where joint usage occurs to the parties respective real property
improvements shall be the sole responsibility of each party and shall
not
be shared jointly.
15.
All
service and repair to these sanitary sewer lines shall be made by
a
licensed and bonded sewer contractor in accordance with the latest
adopted
Xxxxxx County Utilities Administrative Code.
16. All
parties
hereto agree and understand that xxxxxx county utilities has no
responsibility for the repair and maintenance of said private sanitary
system.
17. The
private
sanitary sewer facilities serving this plat shall remain under the
ownership of the property owners who will be responsible for their
operation and maintenance.
18. The
owner or
developer of this large lot plat will be required to submit sanitary
sewer
plans in accordance with xxxxxx county sewer utility administrative
code
and xxxxxx county standard plans, latest revision, and pay all applicable
charges and fees to xxxxxx county public works and utilities department,
water resources section, for review and approval prior to issuance
of any
sewer service permits and building permits for any lots with in this
large
lot plat.
3. Terms
and provisions of underground electric power line easement:
Grantee: Tenaska
Power Partners, L.P.
Area Affected:
Parcel
C
Recorded:
May
11, 1993
Recording Number: 9305110110
Assignment
of said easement and the provisions thereof:
Recorded:
November
17, 1993
Recording
Number: 9311170248
Assignee: Tenaska
Washington Partners II, L.P., a Washington limited
partnership
4.
Terms
and provisions of Electric Transmission Line Easement:
Grantee:
Tenaska
Power Partners, L.P.
Area
Affected:
Parcel
D
Recorded:
June
16, 1994
Recording
Number:
9406160382
Said
instrument is a re-recording of instrument recorded under Recording
Number 9304300948.
Assignment
of said easement and the provisions thereof:
Recorded:
June
16, 1994
Recording
Number:
9406160383
Assignee:
Tenaska
Washington Partners, L.P., a Washington limited partnership
Said
instrument is a re-recording of instrument recorded under Recording
Number 9311170249.
5.
Terms
and provisions of franchise granted by Ordinance No. 94-1 and
95-136:
Grantor:
Xxxxxx
County
Grantee:
Tenaska
Washington Partners II, L.P.
Purpose:
To
locate electric lines on certain rights of way
Area
Affected:
Parcel
H
Recorded:
June
6, 1994 and May 8, 1996
Recording
Number: 9406060135
and 9605080126
6.
Terms
and provisions contained in grant of easement:
Grantor:
Port
of Tacoma
Grantee:
Northwest
Pipeline Corporation
Area
Affected:
Parcel
J
Recorded:
December
13, 1994
Recording
Number:
9412130093
Assignment
of said easement and the provisions thereof:
Recorded: February
19, 1998
Recording
Number:
9802190260
Assignee:
Tenaska
Washington Partners II, L.P.
7.
Exceptions
and reservations contained in deed from the State of Washington,
whereby
the grantor excepts and reserves all oil, gases, coal, ores, minerals,
fossils, etc., and the right of entry for opening, developing and
working
the same and providing that such rights shall not be exercised until
provision has been made for full payment of all damages sustained
by
reason of such entry.
8.
Right
of State of Washington or its successors, subject to payment of
compensation therefore, to acquire rights of way for private railroads,
skid roads, flumes, canals, water courses or other easements for
transporting and moving timber, stone, minerals and other products
from
this and other property, as reserved in the deed from the State of
Washington.
9. Restrictions
contained in deed from the Port of Tacoma:
Recorded: July
8, 1994
Recording
Number: 9407080167
Said
restrictions were amended by Restricted Use Agreement and Restatement
of
Conditions, Covenants and Restrictions recorded February 12, 1998,
under
Recording Number 9802120668.
10.
Agreement
and the terms and conditions thereof:
Between:
Northwest
Pipeline Corporation
And: Xxxxxx
County
Recorded: August
3, 2001
Recording
Number:
200108031245
Regarding:
Utility
installation relative to a power generation facility.
Affects:
Includes
other property
Note: The
company notes letter dated November 20, 2003, and executed on
December 9, 2003 by Xxxx X. Xxxxxxxxx, Xxxxxx County Executive,
provided by the insured herein, which amends the terms of the Declaration
of Emergency contained in the above agreement by deleting terms contained
in Section 7 of the Declaration of Emergency which purport to limit
operation of the facilities to a twenty-month period.
11.
Covenants, Conditions, Restrictions, Dedications, Agreements, Easements,
Maintenance Provisions and Notes, as contained in Xxxxxx County Short
Plat
recorded April 15, 2004, under Recording Number
200404145008.
12.
Reciprocal
Easements Agreement, and the terms and conditions thereof:
Between: Xxxxxxxxxxxx
Power L.P.
And: Clover
Creek Power
L.P.
Recorded: April
29,
2004
Recording
Number:
200404290031
13.
Joint
Ownership Agreement and the terms and conditions thereof:
Between: Puget
Sound Energy, Inc.
And: Xxxxxxxxxxxx
Power L.P.
Disclosed
By:
Quit
Claim Deed dated April 26, 2004
Recorded:
April 29,
2004
Recording
Number: 200404290789
14.
Agreement
and the terms and conditions thereof:
Between: Frederickson
Power L.P., Clover Creek Power L.P.
And:
Puget
Sound Energy, Inc.
Recorded: April
29, 2004
Recording
Number: 200404290790
Regarding: Shared
services, cooperation and indemnification agreement.
Affects:
Parcel
A and other property
15. Right,
title and interest of Xxxxxxxxxxxx Power L.P. as owner of an undivided
50.15% interest as tenant in common in the real property described
as
Parcels A, B, C, D, E, F, H, K, and L in Schedule A, and as owner
of an
undivided 23.65% interest as tenant in common in the real property
described as Parcel J in Schedule A.
Disclosed
By:
Quit
Claim Deed dated April 26, 2004
Recorded:
April
29, 2004
Recording
Number: 200404290029
16.
Right,
title and interest of Clover Creek Power L.P. in the real property
described as Parcels B, E, F, and H in Schedule A.
Disclosed
By:
Quit
Claim Deed dated April 26, 2004
Recorded: April
29, 2004
Recording
Number: 200404290030
17. Right,
title and interest of Clover Creek Power L.P. as owner of an undivided
52.85% interest as tenant in common in the real property described
as
Parcel J in Schedule A.
Disclosed
By:
Quit
Claim Deed dated April 26, 2004
Recorded:
April
29, 2004
Recording
Number: 200404290030
|
|
Deed
From:
|
Frederickson
Power X.X.
Xxxxxx
Creek Power L.P.
|
|
Deed
Records
Auditors
File No.
|
200404290029
200404290030
200404290789
200404290790
|
|
Assessor’s
Tax
Parcel
ID#
|
03-19-36-8-009
|
XXXXXX
COUNTY
|
Section:
|
33
|
|
Township:
|
19
North
|
|
Range:
|
04
East, X.X.
|
|
Description:
|
Commencing
at the Northeast corner of Section 33, Township 19 North, Range 4
East,
X.X., Xxxxxx County, Washington:
Thence
North 89°47'06" West along the North line of said Section, a distance of
1375.00 feet;
Thence
South 00°32'03" West 30.00 feet to the Point of Beginning;
Thence
continuing South 00°32'03" West 454.81 feet;
Thence
South 57°55'46" West 112.59 feet;
Thence
South 63°45'39" West 95.37 feet;
Thence
North 00°32'03" East 378.63 feet;
Thence
South 89°27'57" East 115.00 feet;
Thence
North 00°32'03" East 179.53 feet
Thence
Xxxxx 00x00'00" Xxxx 65.00 feet to the Point of Beginning.
Situate
in the County of Xxxxxx, State of Washington.
Exhibit
‘B’
Commencing
at the Northeast corner of Section 33, Township 19 North, Range 4
East,
X.X., Xxxxxx County, Washington; thence North 89°47'06" West along the
North line of said Section, a distance of 1375.00 feet; thence Xxxxx
00x00'00" Xxxx 484.81 feet to the Point of Beginning thence continuing
South 00°32'03" West 83.34 feet thence South 70°18'23" West 432.85 feet to
a point on the Northerly boundary of the rim as shown on the plat
thereof
recorded under Auditor’s Recording Number 9903305006; thence North
75°37'22" West, along said Northerly boundary 884.80 feet to a point
on a
non-tangent curve on the Easterly margin of Gem Heights Drive East
right-of-way, said curve having a radius of 1040.00 feet and to which
point a radial bears South 75°37'22" East; thence Northerly and
counterclockwise along the arc of said curve through a central angle
of
13°49'41" for a distance of 251.00 feet thence North 00°32'57" East 185.78
feet to the beginning of a curve having a radius of 20.00 feet; thence
Northeasterly and clockwise along the arc of said curve through a
central
angle of 89°39'57" for a distance of 31.30 feet to a point on the
Southerly margin of 176th Street East right-of-way; thence South
89°47'06"
East along said right-of-way 390.38 feet; thence 00°12'54" East 15.00
feet; thence South 89°47'06" East 759.83 feet; thence South 00°32'03" West
1179.45 feet; thence North 89°27'57" West 115.00 feet; thence South
00°32'03" West 378.63 feet; thence North 63°45'39" East 95.37 feet; thence
North 63°45'39" East 95.357 feet; thence North 57°55'46" East 112.59 to
the Point of Beginning.
Exhibit
‘C’
Commencing
at the Northeast corner of Section 33, Township 19 North, Range 4
East,
X.X. Xxxxxx County, Washington; thence North 89°47'06" West along the
North line of said Section, a distance of 1375.00 feet; thence Xxxxx
00x00'00" Xxxx 30.00 feet to the Point of Beginning; thence continuing
South 00°32'03" West 179.81 feet; thence North 89°27'57" West 65.00 feet;
thence North 00°32'03" East 179.45 feet; thence Xxxxx 00x00'00" Xxxx 65.00
feet to the point of beginning.
Special
Exceptions:
1.
General
Taxes: first half delinquent May 1, second half delinquent
November 1:
Year:
2004
Amount
Billed:
$3,629.17
Amount
Paid:
$1,814.58
Amount
Due:
$1,814.59
Tax
Account
Number:
04-19-33-1- 006
Levy
Code:
220
Assessed
Value-Land: $250,800.00
Assessed
Value-Improvements: $0.00
Affects:
This
and other
property
2. Right
to Construct and Maintain Necessary Cut and Fill Slopes and Culverts,
where the same may extend beyond the limits of the existing right
of way
along the North line of the West three-fourths of Section 33, and
along
the South line of Section 28, not to exceed 5 feet, as granted to
Xxxxxx
County by instrument recorded April 7, 1960 under Auditor’s No.
1885103.
3. Concomitant
Agreement setting forth covenants, conditions, obligations and
restrictions relating to the use and development of said
premises:
Recorded:
December
8, 1997
Recording
Number:
9712080531
4. Concomitant
Agreement setting forth covenants, conditions, obligations and
restrictions relating to the use and development of said
premises:
Recorded:
December
30, 1996
Recording
Number:
9612300313
5. Easement
recorded under Recording Number 200101230184, and the terms and conditions
thereof:
Purpose: Right
of entry for inspection
and
construction
in association
with site development,
and
incidental
purposes
In Favor
Of:
Xxxxxx
County
Affects:
Portion
of said premises
6. Perpetual
Reciprocal Easement and Maintenance Agreement and terms and provisions
thereof, granting reciprocal easements for sewer structures and setting
forth maintenance obligations:
Recorded:
August
17, 2000
Recording
Number:
200008170591
Said instrument is a re-recording of instrument recorded under Recording
Number 9911240713.
7. Commercial/Industrial
Agreement to maintain stormwater facilities and to implement a Pollution
Source Control Plan (representative), and the terms and conditions
thereof:
Between: Silver
Creek Commercial LLC, a
Washington limited liability company
And:
Xxxxxx
County
Recorded: July
2, 2001
Recording
Number:
200107020149
8. Easement
recorded under Recording Number 200105230874, and the terms and conditions
thereof:
Purpose:
Drainage
and incidental purposes
In Favor
Of: Silver
Creek Commercial LLC, a
Washington limited liability company
Affects:
Portion
of said premises
9. Easement
and the terms and conditions thereof:
Purpose:
Ingress
and egress for maintenance
and service vehicles
Recorded:
may
20, 2004
Recording
Number:
200405201325
|
|
Deed
From:
|
Silver
Creek Commercial LLC, a Washington limited liability
company
|
|
Deed
Records
Auditors
File No.
|
200405201325
|
|
Assessor’s
Tax
Parcel
ID#
|
Portion
of 041933-1-006
|
XXXXXXXX
COUNTY
|
Description:
|
Tract
A of Seattle Estates as recorded December 5, 2003 under Auditor’s File
Nos. 3601752 and 3601753.
In
the County of Xxxxxxxx, State of Washington.
Subject
to:
1. Mitigation
Agreement including the terms and conditions thereof:
Recorded: November 27,
2002
Auditor’s File No.: 3482046
Between: Xxxxxx
X. Xxxxxx Investments, Inc., Xxxx Xxxxxx
And:
Rainier
School District No. 307
Note:
Said agreement provides for fee of $650.00 for each single family
dwelling
unit to be
paid prior to issuance of building
permit.
2. Reservation
of all coal, oil, gas and mineral rights and rights to explore for
the
same contained in deed from Weyerhaeuser Timber Company.
Recorded:
March 28,
1994
Auditor’s File No.: 9403280238
3. Easement
for the right to make necessary slopes for cuts or fills upon said
property in the reasonable original grading of streets, avenues,
alleys
and roads, as dedicated in the plat.
4 Easement
contained on the face of the plat as granted for electric, telephone,
gas
and utility services and the terms and conditions thereof affecting
the
herein noted distance of the exterior lot lines:
Affects: Front
10 feet
|
|
Deed
From:
|
City
of Rainer, Washington
|
|
Deed
Records
Auditors
File No.
|
3695772
|
|
Assessor’s
Tax
Parcel
ID#
|
73020100000
|
ARTICLE
ONE
MISCELLANEOUS
SECTION
1.01
This
Eighty-Second Supplemental Indenture is executed and shall be construed as
an
indenture supplemental to the Indenture, and shall form a part thereof, and
the
Indenture, as hereby supplemented and modified, is hereby confirmed. Except
to
the extent inconsistent with the express terms hereof, all the provisions,
terms, covenants, and conditions of the Indenture shall be applicable to the
Bonds of the New Series to the same extent as if specifically set forth
herein.
SECTION
1.02
SECTION
1.03
The
Company covenants that it is lawfully seized and possessed of all the trust
estate at the date of the execution of the Eighty-Second Supplemental Indenture
except as in the Indenture otherwise stated or permitted; that on said date
the
trust estate is free and clear from all liens and encumbrances other than
permitted encumbrances, except as in the Indenture otherwise stated or
permitted; that the Company will warrant and forever defend the trust estate
and
the title thereto to the Trustee against the claims of all persons whomsoever
except as in the Indenture otherwise stated or permitted; that it will maintain
and preserve the lien of the Indenture, as a first mortgage lien, except as
in
the Indenture otherwise stated or permitted so long as any of the Bonds issued
under the Indenture are outstanding; and that it has good right and lawful
authority to subject said property to the lien of the Indenture, as provided
in
and by the Indenture.
SECTION
1.04
This
Eighty-Second Supplemental Indenture may be executed in several counterparts,
and each of such counterparts shall for all purposes be deemed to be an
original, and all such counterparts, or as many of them as the Company and
the
Trustee shall preserve undestroyed, shall together constitute but one and the
same instrument.
SECTION
1.05
Although
this Eighty-Second Supplemental Indenture is dated for convenience and for
the
purpose of reference as of April 27, 2005, the actual date or dates of
execution by the Company and by the Trustee are as indicated by their respective
acknowledgments hereto annexed.
[The
remainder of this page intentionally left blank]
IN
WITNESS WHEREOF, Puget Sound Energy, Inc. has caused this Eighty-Second
Supplemental Indenture to be signed in its corporate name and behalf by its
President or one of its Vice Presidents or its Treasurer or Assistant Treasurer
and its corporate seal to be hereunto affixed and attested by its Secretary
or
one of its Assistant Secretaries, all on April ___, 2005, but as of the day
and year first above written.
PUGET
SOUND ENERGY, INC.
By /s/
Xxxxx X. Xxxxxxxx
Xxxxx
X.
Xxxxxxxx
Vice
President Corporate Secretary,
Controller,
and Chief Accounting Officer
Attest:
/s/
Xxxxxxx X. Xxxxxxx
Xxxxxxx
X. Xxxxxxx
Assistant
Corporate Secretary
and
Assistant Controller
STATE
OF
WASHINGTON )
) ss:
COUNTY
OF
KING
)
On
this
______ day of ______________, 2005, before me, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared Xxxxx
X.
Xxxxxxxx, to me known to be the Vice President Corporate Secretary, Controller,
and Chief Accounting Officer of Puget Sound Energy, Inc., a Washington
corporation, the corporation named in and which executed the foregoing
instrument; and they acknowledged to me that they signed the same as the free
and voluntary act and deed of said corporation for the uses and purposes therein
mentioned, being authorized so to do.
WITNESS
my hand and official seal the day and year in this certificate above
written.
____________________________________
Notary
Name:
Notary
Public in and for the State of
____________,
residing at ________________.
My
commission expires ____________.
STATE
OF
WASHINGTON )
) ss:
COUNTY
OF
KING
)
On
this
______ day of ______________, 2005, before me, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared Xxxxxxx
X.
Xxxxxxx, to me known to be the Assistant Corporate Secretary and Assistant
Controller of Puget Sound Energy, Inc., a Washington corporation, the
corporation named in and which executed the foregoing instrument; and they
acknowledged to me that they signed the same as the free and voluntary act
and
deed of said corporation for the uses and purposes therein mentioned, being
authorized so to do.
WITNESS
my hand and official seal the day and year in this certificate above
written.
____________________________________
Notary
Name:
Notary
Public in and for the State of
____________,
residing at ________________.
My
commission expires ____________.
