SECURITY AGREEMENT This is a Security Agreement covering personal property as well as other property real and/or personal PUGET SOUND ENERGY, INC. TO BNY MIDWEST TRUST COMPANY, TRUSTEE THIRTY-THIRD SUPPLEMENTAL INDENTURE Dated as of April 27, 2005...
Exhibit
4.23
This
is a Security Agreement covering personal property as well as other property
real and/or personal
PUGET
SOUND ENERGY, INC.
TO
BNY
MIDWEST TRUST COMPANY,
TRUSTEE
____________________
THIRTY-THIRD
SUPPLEMENTAL INDENTURE
Dated
as of April 27, 2005
SUPPLEMENTING
INDENTURE
OF FIRST MORTGAGE
Dated
as of April 1, 1957
THIS
THIRTY-THIRD SUPPLEMENTAL INDENTURE, made as of the 27th day of April, 2005,
by
and between Puget Sound Energy, Inc., 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 BNY Midwest Trust
Company, an Illinois trust company, with
a
principal corporate trust office at 0 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx,
Xxxxxxxx, 00000 (successor to Xxxxxx Trust and Savings Bank) (hereinafter
sometimes called the "Trustee"), as Trustee under the Indenture of First
Mortgage dated as of April 1, 1957 (hereinafter called the "Original
Indenture" or, as heretofore supplemented and modified, hereinafter called
the
"Indenture"), as supplemented and modified by all indentures supplemental
thereto heretofore executed and delivered, party of the second
part;
WITNESSETH:
that
WHEREAS,
Washington Natural Gas Company, a corporation organized and existing under
the
laws of the State of Delaware (hereinafter called the "First Predecessor
Company"), which was merged into Washington Natural Gas Company, a corporation
organized and existing under the laws of the State of Washington (hereinafter
called the "Second Predecessor Company") on August 9, 1978, had heretofore
executed and delivered to the Trustee its Original Indenture, in order, among
other things, to secure, as provided therein, the payment of the principal
of
and premium, if any, and interest on its bonds (in the Indenture and herein
called the "Bonds") at any time issued and outstanding thereunder according
to
their tenor and effect, said Bonds to be designated generally as its "First
Mortgage Bonds," and to be issued in one or more series as provided in the
Original Indenture; and
WHEREAS,
the First Predecessor Company had heretofore executed and delivered sixteen
indentures supplemental to the Original Indenture as follows: First Supplemental
Indenture, dated as of April 1, 1957, naming and appointing, pursuant to
the provisions of Section 15.18 of the Original Indenture, X.X. Xxxx, an
individual, to act as Co-Trustee jointly with the Trustee, Second Supplemental
Indenture dated as of October 1, 1959, Third Supplemental Indenture dated as
of
May 1, 1961, Fourth Supplemental Indenture dated as of May 1, 1963, Fifth
Supplemental Indenture dated as of June 1, 1965, Sixth Supplemental Indenture
dated as of August 1, 1966, Seventh Supplemental Indenture dated as of February
1, 1967, Eighth Supplemental Indenture dated as of September 1, 1967, Ninth
Supplemental Indenture dated as of September 1, 1968, Tenth Supplemental
Indenture dated as of June 1, 1970, Eleventh Supplemental Indenture dated as
of
April 1, 1971, Twelfth Supplemental Indenture dated as of November 1, 1972,
Thirteenth Supplemental Indenture dated as of September 1, 1975, Fourteenth
Supplemental Indenture dated as of September 15, 1975, Fifteenth Supplemental
Indenture dated as of March 1, 1977 and Sixteenth Supplemental Indenture dated
as of June 1, 1977, naming and appointing, pursuant to the provisions of Section
15.18 of the Original Indenture, X.X. Xxxxx, an individual, to act as successor
Co-Trustee, pursuant to each of which supplemental indentures, except said
First, Seventh, and Sixteenth Supplemental Indentures, the First Predecessor
Company provided for the creation of an issue of First Mortgage Bonds, and
said
Sixth and Seventh Supplemental Indentures provided for certain modifications
of
the Original Indenture; and
WHEREAS,
the Second Predecessor Company has heretofore executed and delivered a
Seventeenth Supplemental Indenture dated as of August 9, 1978, whereby the
Second Predecessor Company succeeded to the First Predecessor Company with
the
same effect as if the Second Predecessor 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 First Predecessor Company merged into the Second
Predecessor Company on August 9, 1978 whereupon the Second Predecessor Company
acquired all the property, real, personal or mixed, including all rights,
privileges, immunities and franchises, described in the Indenture and thereby
conveyed and mortgaged or intended so to be, including also all such property
acquired by the First Predecessor Company since the execution and delivery
of
the Original Indenture, which by the terms of the Original Indenture is subject
or intended to be subjected to the lien thereof; and
WHEREAS,
the Second Predecessor Company has also heretofore executed and delivered an
Eighteenth Supplemental Indenture dated as of September 1, 1979, a Nineteenth
Supplemental Indenture dated as of January 15, 1982, a Twentieth Supplemental
Indenture dated as of August 15, 1983, a Twenty-first Supplemental Indenture
dated as of August 15, 1983, a Twenty-second Supplemental Indenture dates as
of
July 15, 1986, a Twenty-third Supplemental Indenture dated as of July 15, 1986,
a Twenty-fourth Supplemental Indenture dated as of December 15, 1987, a
Twenty-fifth Supplemental Indenture dated as of August 15, 1988, a Twenty-sixth
Supplemental Indenture dated as of September 1, 1990, a Twenty-seventh
Supplemental Indenture dated as of September 1, 1990, a Twenty-eighth
Supplemental Indenture dated as of July 1, 1991, a Twenty-ninth Supplemental
Indenture dated as of June 1, 1993 and a Thirtieth Supplemental Indenture dated
as of August 15, 1995 pursuant to each of which supplemental indentures the
Second Predecessor Company provided for the creation of an issue of First
Mortgage Bonds, and said Twenty-second and Twenty-eighth Supplemental Indentures
provided for certain modifications of the Original Indenture; and
WHEREAS,
the Company has heretofore executed and delivered a Thirty-first Supplemental
Indenture dated as of February 10, 1997, whereby the Company succeeded to the
Second Predecessor Company with the same effect as if the Company had been
named
in the Original Indenture as the mortgagor company and in the Bonds and coupons
as the obligor thereon or maker thereof, and the Second Predecessor Company
merged into the Issuer on February 10, 1997 whereupon the Company acquired
all
the property, real, personal or mixed, including all rights, privileges,
immunities 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 Indenture, which by
the
terms of the Indenture is subject or intended to be subjected to the lien
thereof, such Thirty-first Supplemental Indenture further provided for certain
modifications of the original indenture;
WHEREAS,
the Company has also heretofore executed and delivered a Thirty-Second
Supplemental Indenture dated as of April 27, 2005, pursuant to such
supplemental indentures the Company provided for the creation of an issue of
First Mortgage Bonds; and
WHEREAS,
pursuant to the Original Indenture, as heretofore supplemented and modified,
there have been executed, authenticated, delivered and issued and there are
outstanding as of the date hereof, First Mortgage Bonds of series and in
principal amounts as follows:
|
Principal
Amount of Bonds
|
Series
|
|
Twenty-Five
Million Dollars
($25,000,000)
|
9.57%
First Mortgage Bonds
due
2020
|
|
Four
Million Five Hundred Thousand Dollars
($4,500,000)
|
6.51%
and 6.10% Secured Medium-Term Notes, Series B
due
2008
|
|
Thirteen
Million Dollars
($13,000,000)
|
6.83%
and 6.90% Secured Medium-Term Notes, Series B
due
2013
|
|
Thirty-One
Million Dollars
($31,000,000)
|
6.92%
and 6.93% Secured Medium-Term Notes, Series C
due
2005
|
|
Ten
Million Dollars
($10,000,000)
|
6.58%
Secured Medium-Term Notes, Series C
due
2006
|
|
Twenty-Five
Million Dollars
($25,000,000)
|
7.02%
and 7.04% Secured Medium-Term Notes, Series C
due
2007
|
|
Eight
Million Dollars
($8,000,000)
|
6.61%
and 6.62% Secured Medium-Term Notes, Series C
due
2009
|
|
Seven
Million Dollars
($7,000,000)
|
7.12%
Secured Medium-Term Notes, Series C
due
2010
|
|
Twelve
Million Dollars
($12,000,000)
|
7.35%
and 7.36% Secured Medium-Term Notes, Series C
due
2015
|
|
Seventeen
Million Dollars
($17,000,000)
|
7.15%
and 7.20% Secured Medium-Term Notes, Series C
due
2025
|
WHEREAS,
X.X. Xxxxx, the successor Co-Trustee, resigned on July 31, 1993 and no successor
trustee was appointed to replace him;
WHEREAS,
Xxxxxx Trust and Savings Bank (the "Original Trustee") resigned as Trustee,
Paying Agent and Registrar under the Indenture on April 1,
2002;
WHEREAS,
effective April 1, 2002, the Company appointed BNY Midwest Trust Company to
act as Trustee, Paying Agent and Registrar to succeed the Original Trustee
in
such capacities under the Indenture;
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,
in order to secure the payment and performance of its obligations under such
Debenture Indenture, the Company has agreed to create new Bonds from time to
time with substantially the same terms as the Senior Notes; to issue and deliver
such Bonds to the Debenture Indenture Trustee in trust for the benefit of the
owners from time to time of the Senior Notes; and
WHEREAS,
the Board of Directors of the Company has established a new series of Bonds
to
be designated as "Pledged First Mortgage Bonds" due Nine Months or More From
Date of Issue (hereinafter sometimes called "Bonds of the New Series"), and
has
authorized the issuance of an unlimited aggregate principal amount thereof,
and
the Company has complied or will comply with all provisions required to issue
additional Bonds provided for in the Indenture; and
WHEREAS,
the Company desires to execute and deliver this Thirty-Third 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 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 BNY Midwest Trust Company, 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
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:
[The
remainder of this page intentionally left blank]
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.
IN
KING COUNTY, WASHINGTON:
|
Section:
|
02
|
|
Township:
|
21
North
|
|
Range:
|
05
East, X.X.
|
|
Description:
|
That
portion of Government Lot 2 and of the Southwest quarter of the Northeast
quarter of Section 2, Township 21 North, Range 5 East, X.X., in King
County, Washington, described as follows:
Beginning
at the Northwest corner of Government Lot 2;
Thence
North 89°23'05" West along the North line of Government Lot 3 in said
Section 2, 216.26 feet to an intersection with the centerline of
State
Road No. 5-B;
Thence
South 43°48'35" East, along said centerline 1,622.00 feet;
Thence
South 41°17'10" West 30.11 feet to the West margin of said State No. 5-B
which is the TRUE POINT OF BEGINNING;
Thence
North 43°48'35" West along the West margin of said State Road 261.81 feet
to the Southeasterly margin of the Northern Pacific Railway
right-of-way;
Thence
South 63°19'32" West along said right-of-way 378.90 feet;
Thence
South 43°48'35" East 385.14 feet;
Thence
North 50°30'10" East 120.50 feet;
Thence
North 41°17'10" East 242.81 feet to the point of beginning;
EXCEPT
the Southeasterly 30 feet for road purposes in King County,
Washington.
____________________________
** 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.
|
|
Special
Exceptions:
|
|||
| 1. | Easement and the terms and conditions referenced therein, including, but not limited to, the following: | ||
| Grantee: | Not disclosed | ||
| Purpose: | Utilities | ||
| Area Affected: | The Southwesterly 164 feet thereof; | ||
| And Except Any portion thereof lying within | |||
| County road right-of-way | |||
| Recorded: | August 14, 1980 | ||
| Recording Number: | 8008140668 | ||
| 2. | Restrictions limiting the use of that portion of the property herein described lying within 100 feet from a water | ||
| well as imposed by instrument recorded under Recording Number 8008140667. | |||
| 3. | General and Special Taxes and Charges: first half delinquent May 1, if unpaid: second half delinquent | ||
| November 1, if unpaid: | |||
| Year: | 2004 | ||
| Tax Account Number: | 022105-9097-03 | ||
| Levy Code: | 5150 | ||
| Current Assessed Value: | |||
| Land: | $94,000.00 | ||
| Improvements: | $198,000.00 | ||
| Amount Billed | |||
| General Taxes: | $3,850.10 | ||
| Special District: | $91.43 | ||
| $10.57 | |||
| $1.77 | |||
| $5.00 | |||
| Total Billed: | $3,958.87 | ||
| Paid: | $1,979.44 | ||
| Total Due: | $1,979.43 | ||
| Deed From: | Xxxx
X. Xxxxxxx
Xxxxxxxxx
X. Xxxxxxx
|
||
| Deed
Records
Auditors
File No.
|
20040601002140 | ||
| Assessor’s
Tax
Parcel
ID#
|
022105-9097-03 | ||
IN
KING COUNTY, WASHINGTON:
|
Description:
|
The
land referred to in this policy is situated in the State of Washington,
County of King and is described as follows:
Tract
“U-1” of Redmond Ridge Master Plat, according to plat recorded October
5,
1999 in Volume 191 of Plats at Pages 61 through 80, inclusive, under
Recording No. 19991005000688, in King County,
Washington.
Special
Exceptions:
1. Easement,
including terms and provisions contained therein:
Recorded:
June 26, 1956
Recording
No.:
4705906
In
Favor
Of:
Pacific Northwest Pipeline Corporation
For:
75 foot eight of way for a pipeline not to exceed 27 inches in
diameter for the transportation of natural gas
Affects: Refer
to said instrument for the exact location
Modification
and/or Amendment by
Instruments:
Recording
Nos.:
5491878, 71077200361 and 9808131030
2. Utility
Extension Agreement and the terms and conditions thereof:
Between: City
of Xxxxxxx
And:
The Quadrant Corporation
Recorded: July
16, 1992
Recording
No.:
9207160280
3. Conditions,
notes and provisions contained and/or
delineated on the face of the survey recorded under King
County
Recording No. 9511160617.
4. Covenant
agreement and the terms and conditions thereof:
Between:
Lake of the Xxxxx
Homeowners: Association
and assigns and successors
And:
The Quadrant Corporation and assigns and successors
Recorded:
May 7, 1996
Recording
No.:
9605071063
5. Northridge
Urban Planned Development and fully contained Community Development
Agreement and the terms
and
conditions thereof:
Between:
King County
And:
The Quadrant Corporation
Recorded:
February 18, 1997
Recording
No.:
9702181008
6. Conditions,
notes and provisions contained and/or delineated on the face of the
survey
recorded under King
County
Recording No.
19990706900013.
7. Terms
and conditions of declaration of utilities, landscaping and trail
easement
Recorded:
September 9, 1999
Recording
No.: 19990909000992
8.
Restrictions,
conditions, dedications, notes, easements and provisions contained
and/or
delineated on the face of the plat recorded under King County Recording
No.19991005000688.
9.
Terms
and conditions of declaration of easements and covenant to share
costs for
Redmond Ridge:
Recorded: October
8, 1999
Recording
No.:
19991008001403
10.
Covenants,
conditions, restrictions and/or easements; but deleting any covenant,
condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, family
status, or national origin to the extent such covenants, conditions
or
restrictions violate 42 USC 3604(c):
Recorded:
October 8, 1999
Recording
No.:
1999100801404
11. Provisions
of the Articles of Incorporation and By-Laws of the Redmond Ridge
Residential Association, and any tax, fee, assessments or charges
as may
be levied by said association.
|
|
Deed
From:
|
The
Quadrant Corporation
|
|
Deed
Records
Auditors
File No.
|
19991215001669
|
|
Assessor’s
Tax
Parcel
ID#
|
720225-0230
|
IN
XXXXX COUNTY, WASHINGTON
|
Section:
|
8
|
|
Township:
|
12
North
|
|
Range:
|
01
Xxxx, X.X.
|
|
Description:
|
Government
Lot 1 and the East half of the Northwest quarter of the Southeast
quarter
of Section 0, Xxxxxxxx 00 Xxxxx, Xxxxx 0 Xxxx, X.X., Xxxxx Xxxxxx,
Xxxxxxxxxx.
EXCEPT
the South 416 feet of the West 208 feet of the East half of the Northwest
quarter of the Southeast quarter of Section 0, Xxxxxxxx 00 Xxxxx,
Xxxxx 0
Xxxx, X.X., Xxxxx Xxxxxx, Xxxxxxxxxx.
ALSO
EXCEPT that portion of Government Xxx 0 xxxxx Xxxxxxxxx xxx Xxxxxxxx
xx
Xxxxxxxx Xxxx.
SPECIAL
EXCEPTIONS:
1. Last
half general taxes for 2001 in the amount of $448.22 and $7.45 for
fire
patrol, Parcel No. 00000-0-0.
TCA#120
2. Gas
Storage Agreement and option for oil and gas lease affecting the
premises
herein stated, executed by the
parties
herein named, Washington
Natural Gas Company, agent and operator of the Xxxxxxx Prairie Gas
Storage
Project, upon the terms,
covenants, and conditions therein provided.
Dated:
February 26, 0000
Xxxxx-Xxxxxx:
Xxxx and Xxxxx Xxxxxxxx
Recorded:
April 3, 1981
Volume/Page:
224/408
Auditor's
No.:
887053
3. A
lease affecting the premises herein stated, executed by and between
the
parties herein named for the term, and
upon
the terms and provisions therein
provided.
Dated:
February 18, 1998
Lessor:
Xxxxxx X. Xxxxxx
Lessee:
Xxx X. Xxxxx, dba Xxxxxxx Fir Christmas Tree Company
Recorded:
May 13, 1998
Auditor's
No.: 3041449
Term:
8 years beginning: May 20, 2000
Affects:
A portion of said property
4. An
easement affecting the portion of said premises and for the purposes
stated herein and incidental purposes.
For:
Pipeline
In
Favor
Of:
Washington Water Power Company, et al
Recorded: January
19, 1966
Auditor's
No.:
690170
Affects:
Said property and other property
5. An
easement affecting the portion of said premises and for the purposes
stated herein and incidental purposes.
For:
Private Road and Pipeline Easement
In
Favor
Of: The
Washington Water Power Company, Washington
Natural
Gas Company and El Paso Natural Gas
Recorded: May
3, 1967
Auditor's
No.: 709831
Affects: A
portion of said property
6. An
easement affecting the portion of said premises and for the purposes
stated herein and incidental purposes.
For: Pipeline
Easement
In
Favor
Of: Washington
Natural Gas Company, The Washington
Power Company and Northwest Pipeline Corporation
Recorded:
October 22, 1981
Auditor's
No.: 894121
Affects:
A portion of said property
7. Rights
of the public in and to that portion of said premises lying within
the
Xxxxxxxx County Road.
8. Matters
disclosed by a record of survey
Recorded: September
8, 1981
Volume/Page:
5/14
Auditor's
No.: 892498
As
Follows: Fenceline
is not located on described boundary line
Affects: East
line
|
|
Deed
From:
|
Xxxxxx
X. Xxxxx, Xx., as his separate estate
|
|
Deed
Records
Auditors
File No.
|
014473-001-002
|
|
Assessor’s
Tax
Parcel
ID#
|
3117912
|
IN
XXXXXX COUNTY, WASHINGTON
|
Section:
|
01
|
|
Township:
|
21
North
|
|
Range:
|
01
East, X.X.
|
|
Description:
|
Beginning
at the Northeast corner of Government Xxx 0 xx Xxxxxxx 0 Xxxxxxxx
00
Xxxxx, Xxxxx 1 East of the X.X., in Xxxxxx County, Washington; thence
West
along the North line thereof 682.5 feet; thence South 1022 feet;
thence
East to the East line of said Government Lot 1; thence North along
said
East line to the Point of Beginning
Except
the East 30 feet for right of way conveyed to Xxxxxx County by instrument
recorded under Recording Number 2377119
Except
that portion lying Northeasterly of the Southwesterly line of a tract
conveyed to Xxxxxx County by deed recorded under Recording Number
0000000000
Special
Exceptions:
1. General
taxes: First half delinquent May 1, second half delinquent November
1:
Year:
2002
Amount
Billed: $3801.22
Amount
Paid: $1900.61
Amount
Due:
$1900.61
Tax
Account
Number:
0121011026
Levy
Code:
480
Assessed
Value-Land:
$301,000.00
Assessed
Value-Improvements:
$-0-
2. Right
to make necessary slopes for cuts or fills upon property herein described
as granted in deed:
Grantee:
Xxxxxx County
Recording
Number:
237719
3.
Terms
of construction permit recorded under Recording Number 9502170218
granting
to Xxxxxx County the right to enter upon said premises for any and
all
purposes incidental to the construction of Bujacich Road
Northwest
|
|
Deed
From:
|
131st
Northwest Joint Venture Co-Owners, a Joint Venture consisting of
Xxxx X. Xxxxxx, a married person, Xxxx Xxxxxxx, a single person, and
Xxxxxxx X. Xxxxxxxx, a single person and Xxxxxx X. Xxxxxx, formerly
Xxxxxx X. Xxxxxxxx, a married person.
|
|
Deed
Records
Auditors
File No.
|
200206250365
|
|
Assessor’s
Tax
Parcel
ID#
|
0121011026
|
IN
SNOHOMISH COUNTY, WASHINGTON
|
Section:
|
11
|
|
Township:
|
29
North
|
|
Range:
|
05
East, X.X.
|
|
Description:
|
Xxx
0 xx Xxxxx Xxxx Xx. XX0000000XX recorded under Recording Number
200012295003, being a portion of the West half of the Southwest quarter
of
the Northeast quarter of Section 11, Township 20 North, Range 5
East, X.X., in Snohomish County, Washington.
Subject
to:
Covenants,
conditions and restrictions contained in instrument:
Recorded: November
30, 1936
Recording
Number:
588972
Covenants,
conditions, and restrictions and easements contained in Survey, including
provisions for maintenance of the private roads
Recorded: December 29,
2000
Recording
Number:
200012295003
Covenants,
conditions and restrictions contained in instrument:
Recorded: December
20, 2000
Recording
Number:
2000122200167
A
copy of which is hereto attached:
Agreement
and the terms and conditions thereof:
By
and between: Snohomish
County, Xxxxxxx Title &
Escrow, Xxxxx Xxxx Properties,
Inc., a Washington corporation,
Everett Mutual Bank,
and their respective heirs,
successors and assigns.
Dated:
November
1,
2000
Recording
Number:
200012290317
Regarding:
Indemnification agreement
S.C.C.
Title 26A requires the per New Dwelling Unit Fee Payment in the
amount of $1,040,00 for Mitigation of Impacts on the Xxxxxx Xxxxx
Xxxxxxxxxx Xxxxxxxx #0. The Developer of this Short Subdivision has
elected to defer this Payment obligation to a time preceding Building
Permit issuance. Notice of this Fee Payment Obligation shall be contained
in any Deeds involving this Subdivision or the Lots therein.
S.C.C.
Title 26C requires the per New Dwelling Unit Fee payment in the amount
of
$1,914,00 for Mitigation of Impacts on the Lake Xxxxxxx School District.
The Developer of this Short Subdivision has elected to defer this
Payment
obligation to a time preceding Building Permit issuance. Notice of
this
Fee Payment Obligation shall be contained in any Deeds involving
this
Subdivision or the Lots therein.
|
|
Deed
From:
|
Northwest
Pipeline, a Delaware Corporation
|
|
Deed
Records
Auditors
File No.
|
200407010115
|
|
Assessor’s
Tax
Parcel
ID#
|
29-0511-001-069-00
|
IN
SNOHOMISH COUNTY, WASHINGTON
|
Section:
|
01
|
|
Township:
|
28
North
|
|
Range:
|
05
East, X.X.
|
|
Description:
|
That
portion of Xxx 000, Xxxxx Xxxx Five Acre Tracts, lying Northerly of
secondary State Highway No. 15-A, according to the Plat thereof
recorded in Volume 7 of Plats, Page 19, in Snohomish County,
Washington,
Situate
in the county of Snohomish, State of Washington.
Subject
to:
Easement
and the terms and conditions thereof:
Grantee:
The
City
of Seattle, a municipal corporation
Purpose:
Operation
and
maintenance of an Electric Transmission System
Area
Affected:
As located
Recorded:
July 28, 1922
Recording
Number:
301727
Conveyance
of Easement and Right of Way and the terms and conditions thereof:
Recorded: April
12,
1951
Recording
Number:
989086
Easement
and the terms and conditions thereof:
Grantee:
United States of America and its assigns
Purpose:
Electric power transmission lines and appurtenant signal lines
Area
Affected:
As located
Recorded:
April 21, 1951
Recording
Number:
1004248
Right
to Use Power Line Easement and Right of Way and the terms and conditions
thereof:
Recorded:
June 2, 1958
Recording
Number:
1284881
Right
to Use Power Line Easement and Right of Way and the terms and conditions
thereof:
Recorded:
November 21, 1960
Recording
Number: 1430533
Relinquishment
of access to state highway and of light, view and air by deed to
state of
Washington:
Recorded: March
2, 1956
Recording
Number:
1181945
Right-of-Way
and Easement and the terms and conditions thereof:
Grantee:
Northwest Pipeline Corporation
Purpose:
An exclusive right-of-way and easement to locate, survey, construct,
entrench,
maintain, repair, replace, protect, inspect and operate a
pipeline
or pipelines, cathodic equipment and/or appurtenances.
Area
Affected: As
shown in said document
Recorded: November
12, 2003
Recording
Number: 200311120814
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|
Deed
From:
|
Northwest
Pipeline Corporation, a Delaware corporation
|
|
Deed
Records
Auditors
File No.
|
200412290600
|
|
Assessor’s
Tax
Parcel
ID#
|
00-5907-000-258-01
|
IN
SNOHOMISH COUNTY, WASHINGTON
|
Section:
|
12
|
|
Township:
|
29
North
|
|
Range:
|
05
East, X.X.
|
|
Description:
|
The
following described real estate, situated in the County of Snohomish,
State of Washington:
That
portion of the Northwest Quarter of the Northwest Quarter of
Section 12, Township 29 North, Range 5 East, X.X., in
Snohomish County, Washington being described as follows:
Commencing
at the Southwest Corner of said Subdivision;
Thence
North 00°08'22" East along the West line thereof,
87.17 feet;
Thence
East 188.77 feet to the True Point of Beginning;
Thence
Continuing East 50.00 feet;
Thence
South 50.00 feet;
Thence
West 50.00 feet;
Thence
North 50.00 feet to the True Point of Beginning.
Together
with an easement for ingress and egress as set forth in Right of
Way and
Easement Agreement recorded under Recording No. 200404020438.
That
portion of the Northwest Quarter of the Northwest Quarter of
Section 12, Township 29 North, Range 5 East, X.X., in
Snohomish County, Washington, being a 20 foot wide strip of land
described
as follows:
Commencing
at the Southwest corner of said subdivision thence N00°08'22"E along the
West line thereof 87.17 feet; thence East 212.07 feet to the true
point of
beginning; thence N41°28'45"W 120.72 feet; thence N88°12'32"W 91.96 feet
to the Easterly right of way margin of 83rd Avenue Northeast; thence
N00°08'22"E along said Easterly margin 20.01 feet; thence S88°12'32"
101.17 feet; thence S41°28'45E 147.04 feet; thence West 26.70 feet to the
true point of beginning.
|
|
Deed
From:
|
Northwest
Pipeline Corporation, a Delaware corporation
|
|
Deed
Records
Auditors
File No.
|
200412290601
|
|
Assessor’s
Tax
Parcel
ID#
|
29-0512-002-019-00;
Portion of 29-0512-002-003-00
|
IN
SNOHOMISH COUNTY, WASHINGTON
|
Section:
|
33
|
|
Township:
|
28
North
|
|
Range:
|
05
East, X.X.
|
|
Description:
|
That
portion of the Northeast Quarter of the Northeast Quarter of the
Northeast
Quarter of Section 33, Township 28, North Range 5, East, X.X., lying
Northerly and Westerly of Seattle Hill Road and Southerly of
000xx Xxxxxx Xxxxxxxxx;
And
also the East 24.41 feet of the East 100 feet of that portion of
the
Northwest Quarter of the Northeast Quarter of the Northeast Quarter
of
Section 33, Township 28 North, Range 5 East, X.X., lying Northerly
of
Seattle Hill Road and Southerly of 000xx Xxxxxx
Xxxxxxxxx;
Also
known as Xxx 0 xx Xxxxxxxx Xxxx Xxxxxxxxxx Xx. 000000 and filed under
Snohomish County Auditor’s File No. 200009070179, Records of Snohomish
County, Washington;
Except
that portion of the above described Lot 2 lying North of the following
described line:
Beginning
at the Northwest corner of the above described property, said point
being
a County Engineer’s Station (hereinafter referred to as “CES”) 108+92.24,
Right 50.00 feet;
Thence
South 01°10'51" West along the West line of said Lot 2, a distance of
140.00 feet to “CES” 108+96.42, right 190.00 feet, and the point of
beginning;
Thence
South 88°20'15" East, a distance of 80.72 feet to “CES” 109+77.14, right
190.00 feet, to the Westerly margin of Seattle Hill Road and the
terminus;
All
as shown on the 000xx Xxxxxx Xxxxxxxxx improvements:
Seattle
Hill Road to 65th Avenue Southeast, right of way plat approved March
15,
2000, Survey 3571.
Situate
in the County of Snohomish, State of Washington.
Special
Exceptions:
1.
General
Taxes: First half delinquent May 1, second half delinquent
November 1:
Year:
2001
Total
Tax
Billed:
$211.80
Total
Tax
Owing: $105.90
Plus Interest and/or Penalties, If Any
Tax
Account
Number:
280533-001-001-00
Levy
Code:
03059
Assessed
Value-Land:
$14,000.00
Assessed
Value-Improvements: $-0-
2.
Covenants,
Conditions, Restrictions, Dedications, Agreements and Notes, as contained
in Snohomish County Boundary Line Adjustment Number 000-106723, recorded
under Recording Number 200009070179.
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|
Deed
From:
|
Simba
Development, LLC
|
|
Deed
Records
Auditors
File No.
|
200112210894
|
|
Assessor’s
Tax
Parcel
ID#
|
28-0533-001-001-00;
Portion of 28-0533-001-035-00
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ARTICLE
ONE
MISCELLANEOUS
SECTION
1.01
This
Thirty-Third 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 Thirty-Third 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
Thirty-Third 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 Thirty-Third 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.
IN
WITNESS WHEREOF, Puget Sound Energy, Inc. has caused this Thirty-Third
Supplemental Indenture to be signed in its corporate name and behalf by its
President or one of its Vice Presidents and the Treasurer or an Assistant
Treasurer or the Secretary or an Assistant Secretary, 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. Xxxxxx
Xxxxxxx
X. Xxxxxx
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 ____________.
