U.S. BANK NATIONAL ASSOCIATION,
Eightieth Supplemental Indenture
Dated as of April 30, 2004
Relating to First Mortgage Bonds
Supplemental to Indenture dated as of
June 2, 1924, as supplemented and modified
THIS EIGHTIETH SUPPLEMENTAL INDENTURE, made as
of the 30th day of April, 2004, 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
100 Wall Street, Suite 1600, in the city of New York and State of
New York 10005 (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;
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, Pierce, Skagit, Snohomish, Thurston 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:
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Forty-Seventh
Supplemental Indenture
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Forty-Eighth
Supplemental Indenture
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Forty-Ninth
Supplemental Indenture
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Fiftieth
Supplemental Indenture
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Fifty-First
Supplemental Indenture
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Fifty-Second
Supplemental Indenture
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Fifty-Third
Supplemental Indenture
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Fifty-Fourth
Supplemental Indenture
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Fifty-Fifth
Supplemental Indenture
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Fifty-Sixth
Supplemental Indenture
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Fifty-Seventh
Supplemental Indenture
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Fifty-Eighth
Supplemental Indenture
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Fifty-Ninth
Supplemental Indenture
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Sixtieth
Supplemental Indenture
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Sixty-First
Supplemental Indenture
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Sixty-Second
Supplemental Indenture
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Sixty-Third
Supplemental Indenture
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Sixty-Fourth
Supplemental Indenture
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Sixty-Fifth
Supplemental Indenture
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Sixty-Sixth
Supplemental Indenture
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Sixty-Seventh
Supplemental Indenture
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Sixty-Eighth
Supplemental Indenture
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Sixty-Ninth
Supplemental Indenture
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Seventieth
Supplemental Indenture
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Seventy-First
Supplemental Indenture
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Seventy-Second
Supplemental Indenture
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Seventy-Third
Supplemental Indenture
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Seventy-Fourth
Supplemental Indenture
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Seventy-Fifth
Supplemental Indenture
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Seventy-Sixth
Supplemental Indenture
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Seventy-Seventh
Supplemental Indenture
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Seventy-Eight
Supplemental Indenture
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Seventy-Ninth
Supplemental Indenture
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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
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Twenty-Five
Million Dollars
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Secured
Medium-Term Notes,
Series A due
November 30, 2006
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One Hundred
Million Dollars
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Secured
Medium-Term Notes,
Series A due
February 1, 2007
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Forty-Six
Million Dollars
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Secured
Medium-Term Notes,
Series A due
June 19, 2006
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Secured
Medium-Term Notes,
Series B due
December 10, 2004
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Secured
Medium-Term Notes,
Series B due
December 1, 2003
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Secured
Medium-Term Notes,
Series B due
December 2, 2003
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Secured
Medium-Term Notes,
Series B due
May 27, 2004
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Fifty-Five
Million Dollars
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Secured
Medium-Term Notes,
Series B due
February 1, 2024
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Three Hundred
Million Dollars
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Pledged
Series A due December 1, 2027
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Two Hundred
Million Dollars
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Pledged
Series A due June 15, 2018
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One Hundred
Million Dollars
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One Hundred
Fifty Million Dollars
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Two Hundred
Twenty-Five Million Dollars
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Twenty-Five
Million Dollars
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Two Hundred
Sixty Million Dollars
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Pledged Series
C, due February 1, 2011
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First Mortgage
Bond, Pledged
Series C
due January 16, 2004
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One Hundred
Thirty-Eight Million Four Hundred
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Pledged Series
C due March 1,
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Twenty-Three
Million Four Hundred
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5.10% First
Mortgage Bonds,
Pledged Series
C due March 1,
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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, 1995,
State Street 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 Eightieth 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*
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The East 100
feet of the West 500 feet of the North 208 feet of the Northwest
¼ of the Southwest ¼ of Section 1, Township 33 North,
Range 1 E. W.M., except the North 20 feet thereof for county road
known as Troxell Road.
Situate in the
County of Island, State of Washington.
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** 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.*
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That portion of
the West half of the Northeast quarter of Section 14, Township 24
North, Range 6 East, W.M., in King County, Washington; and that
portion of Lot 4 of King County short plat number 387053, recorded
under Recording Number 8712240543, lying Westerly of the West
margin of the Bonneville transmission line easement as condemned in
U.S. District Court under Cause No. 4253, and Easterly of Klahanie
Division No. 22, according to the plat thereof, recorded in Volume
160 of Plats, pages 9 through 16, in King County, Washington,
described as follows:
Commencing at
the center of said Section 14; thence South 88°26'31" East
along the East-West centerline thereof 161.33 feet to the true
point of beginning; thence North 30°15'47" West a distance of
118.08 feet; thence North 59°44'13" East a distance of 285.00
feet; thence South 30°15'47" East a distance of 215.36 feet;
thence South 14°44'13" West a distance of 69.44 feet to a
point on said East-West centerline of said Section 14; thence
continuing South 14°44'13" West a distance of 99.76 feet;
thence South 59°44'13" West a distance of 165.35 feet; thence
North 30°15'47" West a distance of 216.92 feet to a point on
said East-West centerline and the true point of
beginning;
Together with a
temporary road access easement described as follows:
That portion of
Lot 4, King County short plat number 387053, recorded under
Recording Number 8712240543, in King County, Washington, and that
portion of Lot 4, King County short plat number 1186017, recorded
under Recording Number 8712240542, in King County, Washington,
lying Westerly of the West margin of the Bonneville transmission
line easement as condemned in U.S. District Court under Cause
Number 4253, and Easterly of Klahanie Division No. 22, according to
the plat thereof, recorded in Volume 160 of Plats, page(s) 9
through 16, inclusive, in King County, Washington, more
particularly described as follows:
Commencing at a
point on the North line of said Lot 4 of King County short plat
number 387053 at the center of Section 14, Township 24 North, Range
6 East, Willamette Meridian, in King County, Washington; thence
South 88°26'31" East along the North line of said Lot 4 a
distance of 161.33 feet; thence South 30°15'47" East a
distance of 216.92 feet; thence North 59°44'13" East a
distance of 21.74 feet to the point of beginning; thence South
62°06'47" East a distance of 191.26 feet to a point of curve
to the right from which the radius point bears South 27°53'13"
West distant 50.00 feet; thence Southeasterly along said curve
through a central angle of 37°34'53", an arc distance of 32.80
feet to the point of tangent thereof; thence South 24°31'53"
East a distance of 178.45 feet, more or less, to the north margin
of the traveled way of the Issaquah-Fall City Road; thence North
58°44'02" East along North margin 20.14 feet; thence North
24°31.53" West a distance of 176.08 feet to a point of curve
to the left from which the radius point bears South 65°28'07"
West distant 70.00 feet; thence Northwesterly along said curve
through a central angle of 37°34'53", an arc distance of 45.91
feet to the point of tangent thereof; thence North 62°06'47"
West a distance of 42.63 feet to a point of curve to the right from
which the radius point bears North 27°53'13" East distant
50.00 feet; thence Northerly along said curve through a central
angle of 54°40'36", an arc distance of 47.41 feet to the point
of tangent thereof; thence North 7°26'11" West a distance of
75.86 feet; thence South 59°44'13" West a distance of 21.70
feet; thence South 7°26'11" East a distance of 21.09 feet to a
point of curve to the right from which the radius point bears South
82°33'49" West distant 30.00 feet, thence Southwesterly along
said curve through a central angle of 125°19'24", an arc
distance of 65.62 feet to the point of tangent thereof; thence
North 62°06.47" West a distance of 27.82 feet; thence South
59°44'13" West a distance of 23.55 feet to the point of
beginning; and
Together with
an easement for drainage purposes, described as follows:
That portion of
the Southwest quarter and of the Southeast quarter of Section 14,
Township 24 North, Range 6 East, Willamette Meridian, in King
County, Washington, lying westerly of the Bonneville power
administration transmission line easement as condemned in U.S.
District Court under Cause No. 4253, Easterly of Klahanie Drive
S.E. as dedicated in the plat of Klahanie Division 19 as recorded
in Volume 159 of Plats, pages 18 through 29, records of King
County, Washington, Northerly of the Northerly margin of
Issaquah-Fall City Road as established by said plat of the Klahanie
Division 19, and Southerly of a line parallel with and 450 feet
Northwesterly of said northerly margin when measured at right
angles or radially northerly to said margin.
SUBJECT TO THE
FOLLOWING:
1. Restrictions and easements contained in
Declaration of Protective Restrictions and Easements filed under
Recording No. 8502060789. Said restrictions as amended
by Recording Nos. 8706220709, 8708130435, 9002010774,
9009170504, 9111201806, and 9112131736.
2. Restrictions contained in King County Short Plat
No. 387053 under Recording
3. Agreement for Sewer System Improvements under
Recording
4. Concomitant Zoning Agreement under Recording
No. 8502050872, as
amended by Recording
No. 8710060754
5. Agreement and the Terms and Conditions thereof
recorded under Recording
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Lowe
Enterprises Northwest, Inc.
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All that
portion of the South ½ of Section 8, Township 23 North, Range
5 East W.M., described as follows:
Beginning at
the East ¼ corner of said Section 8, from which the Northeast
corner of said section bears North 01°02'09" East; thence
North 89°27'25" West, along the North line of said South
½, a distance of 2,647.56 feet to an existing center of
section monument; thence South 01°02'40" West, along the
North-South center of section line of said Section 8, a distance of
60.00 feet to the Southerly margin of North 8 th Street,
said point being on the South line of the North 60.00 feet of said
South ½; Thence South 89°27'25" East, along said South
line, 187.07 feet to a point on the Northeasterly margin of the
Burlington Northern Railroad right-of-way and the true point of
beginning; Thence continuing South 89°27'25" East, along said
South line, 225.49 feet to a point on the Westerly margin of Houser
Way North (Railroad Avenue); Thence South 18°00'40" East,
along said Westerly margin, 82.32 feet to a point of tangency with
a 543.68 foot radius circular curve to the right; Thence Southerly,
along said curve and said Westerly margin, through a central angle
of 09°49'26" an arc distance of 93.22 feet to a point on the
Northeasterly margin of said railroad right-of-way; Thence North
57°49'50" West, along said Northeasterly margin, 321.37 feet
to the true point of beginning;
Situate in the
City of Renton, County of King, State of Washington.
SUBJECT TO THE
FOLLOWING:
1. Current general taxes, not yet due and payable,
for the year in which this deed
2. Reservations contained in deed recorded under
Recording No. 7108160312,
records of King County,
Washington; and
3.
Unpaid special utility connection
charges for water and sanitary sewer
payable to City of
Renton, as disclosed by Declaration of Segregation
recorded
December 4, 1991 under Recording No. 9112040402
and
Declaration of
Segregation recorded August 10, 1992 under
Recording
No. 9208100964,
records of King County, Washington; and
4.
Dedication of North five (5) feet of
subject property for additional street right-
of-way for North Eighth
Street as disclosed by instrument recorded under
Recording
No. 9212081719.
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That portion of
the Southwest quarter of the Southeast quarter of Section 21,
Township 24 North, Range 6 East, W.M., in King County, Washington,
described as follows:
Beginning at a
point on the Westerly margin of the Northern Pacific right of way
315 feet West and 8 feet South of the Northwest corner of the
Southeast quarter of the Southeast quarter of Section 21; thence
south 16° East 283 feet along said Westerly margin of the
Northern Pacific Railway right of way; thence South 60° West
191 feet to the existing road; thence North 32° West 164 feet;
thence North 19° West 154 feet; thence North 68°30' East
238 feet to the point of beginning.
SUBJECT TO THE
FOLLOWING:
1.
Easement to Puget Sound
Power & Light Co. filed under Recording
No. 2899547.
2.
Easement to Water and Sewer District
No. 8, filed under Recording No. 8802260581.
3.
Agreement dated 7-19-90 filed under
Recording No. 9007311493.
4.
Assessment: Local Improvement
District No. 4 to Water District #82.
5.
Assessment: Local Improvement
District No. 16 to Water District #82.
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The North 4.85
feet of the West 179.99 feet of the Southwest Quarter of the
Northeast Quarter and the South 228.49 feet of the West 179.99 feet
of the Northwest Quarter of the Northeast Quarter, all in Section
15, Township 25 North. Range 5 East, W.M., in King County,
Washington;
EXCEPT the West
30 feet thereof deeded to King County for roads by Deeds recorded
under Recording numbers 1940770 and 4915599.
TOGETHER WITH
AN EASEMENT for ingress and egress over the South 83.39 feet of the
North 88.24 feet of the West 179.99 feet of the Southwest Quarter
of the Northeast Quarter of Section 15, Township 25 North, Range 5
East, W.M, in King County, Washington;
EXCEPT the West
30 feet thereof
SUBJECT TO THE
FOLLOWING:
1.
Easement for slopes recorded under
King County Recording Nos. 4915599 and 4912689.
2.
Easement for water pipelines
recorded under King County Recording No. 9205270207.
3.
Easement for utilities recorded
under King County Recording No. 6124267.
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All that
portion of Burlington Northern Railroad Company's (formerly
Northern Pacific Railway Company) 100 foot wide Tanner to Issaquah,
Washington Branch Line right of way, now discontinued, being 50
feet wide on each side of said Railroad Company's Main Track
centerline as originally located and constructed upon, over and
across the Northeast Quarter of the Northeast Quarter of the
Southwest Quarter of Section 14, Township 23 North, Range 8 East of
the Willamette Meridian, King County, Washington, bounded by two
lines drawn at right angles to said Main Track centerline distant,
respectively, 35.70 feet and 95.70 feet Northwesterly of the East
line of the Southwest Quarter of said Section 14, as measured along
said Main Track centerline; Also,
All that
portion of said Railroad Company's 100 foot wide Branch Line right
of way, being 50 feet wide on each side of said Main Track
centerline upon, over and across the South Half of the Southeast
Quarter of the Northwest Quarter of said Section 14, bounded by two
lines drawn at right angles to said Main Track centerline distant,
respectively, 631.52 feet and 691.52 feet Northwesterly of the East
line of the Southwest Quarter of said Section 14, as measured along
said Main Track centerline.
Subject,
however, to all existing interests, including but not limited to
all reservations, rights-of-way and easements of record or
otherwise.
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Burlington
Northern Railroad Company
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That portion of
Section 27, Township 25 North, Range 6 East. W.M., in
King County, Washington, described as follows:
Beginning on
the south line of said Section 27, 818.28 feet easterly
of the southwest corner thereof;
thence north
0°04'03" west 666.56 feet:
thence north
89°19'16" east 181.95 feet:
thence south
0.02'29" east 667.17 feet;
thence south
89.30'41" west 181.66 feet to the point of
beginning;
EXCEPT any
portion thereof lying within the north half of the southwest
quarter of the southwest quarter of said
Section 27;
AND EXCEPT the
south 30 feet thereof for road;
AND EXCEPT that
portion, if any, which lies westerly of the following described
line:
Commencing at
the southwest corner of the east half of the southwest quarter of
the southwest quarter of said Section at a point which bears north
89°30'41" east 666.57 feet, more or less, from the
southwest corner of said Section 27;
thence north
0°05'37" west along the west line of said subdivision
666.05 feet;
thence north
89.19'16" east 151.95 feet. to the TRUE POINT OF
BEGINNING:
thence south
0°04'03" east 666.56 feet to the south line of said
subdivision, and the terminus of said line description.
That portion of
the east half of the southwest quarter of the southwest quarter of
Section 27, Township 25 North, Range 6 East. W.M.,
in King County, Washington, described as follows:
Beginning at
the southwest comer of said subdivision at a point which bears
north 89°30'41" east 666.57 feet, more or less, from the
southwest corner of said Section 27:
thence north
0°05'37" west along the west line of said subdivision 666.05
feet:
thence north
89°19'16" east 151.95 feet:
thence south
0°04'03" east 666.56 feet to the south line of said
subdivision;
thence south
89°30'41" west 151.95 feet along the south line of said
subdivision to the point of beginning:
EXCEPT any
portion thereof lying within the north half of said
subdivision;
AND EXCEPT the
south 30 feet thereof for road.
ALL SUBJECT TO
THE FOLLOWING:
1.
Easement for roadway, Recording
No. 4788419;
2.
Reservation of coal, oil, gas,
Recording No. 3916471.
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Lot 2,
Block 1, Christopher Garden Tracts, according to the plat
thereof recorded in Volume 23 of plats, page 6, records
of King County, Washington;
EXCEPT the
South 420 feet and EXCEPT the North 450 feet of the West
149.18 feet thereof;
AND EXCEPT the
North 455 feet of said Lot 2 lying east of the last
described parcel and EXCEPT that portion of Lot 2,
Block 1, Christopher Garden Tracts, according to the plat
thereof recorded in Volume 23 of Plats, page 6, described
as follows:
Beginning at
the southwest corner of the above described parcel of
land;
thence North
along the west line of the above described parcel,
25 feet;
thence East
parallel with the south line of the above described parcel,
25 feet;
thence South
parallel with the west line of said parcel,
25 feet;
thence West
along the south line of said parcel, 25 feet to the Point of
Beginning.
Situate in the
County of King, State of Washington.
SUBJECT TO THE
FOLLOWING: Easements, restrictions, reservations, covenants and
agreements.
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The following
described real estate, situated in the County of KING, State of
Washington:
That portion of
Lots 1 and 2 lying westerly of State Highway in Block 1 of Hall's
Acre Tracts, according to the plat thereof recorded in Volume 20 of
Plats, page 25, in King County, Washington.
SUBJECT TO THE
FOLLOWING:
1.
Cable Television Easement, Recording
No. 8606240663.
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Peter and
Arlene Kogut; Ben and Marie Kartes; and Carl and Judith
Bjorkman
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Lot 2, King
County Short Plat Number 675001, recorded under Recording Number
7510100716, being a portion of the Northwest quarter of Section 36,
Township 24 North, Range 7 East, Willamette Meridian, in King
County, Washington;
together with
an easement for ingress, egress and utilities as set forth
instruments recorded under Recording Numbers 7508220654, 7509100606
and 7508220653.
SUBJECT TO any
portion of said easements lying within the above described
property; and
1. Consent for the use of Puget Sound Energy
transmission line right of way and the terms and conditions
thereof:
Purpose: Storm Drain And Sediment
Pond
Area Affected: A Portion Of Said
Premises
Recorded: November 24, 1999
Recording Number: 19991124001250
2. Memorandum of Agreement and the terms and
conditions thereof:
Between: Weyerhaeuser Real Estate Company, a
Washington corporation
Recorded: October 21, 1999
Recording Number: 19991021001630
Regarding: Comprehensive Voluntary Agreement for
Snoqualmie Ridge Parks
3. Easement and the terms and conditions
thereof:
Purpose: Electric transmission line
Area Affected: The description contained therein
is not sufficient to determine its exact location within the
property herein described.
Recorded: November 4, 1908
Recording Number: 1258319
4. Easement and the terms and conditions
thereof:
In Favor Of: Not disclosed
Affects: North 60 feet of said premises and
other property
Recorded: October 11, 1956
Recording Number: 4738718
Note: Said easement is also delineated and/or
dedicated on the face of the short plat.
5. Easement and the terms and conditions
thereof:
Grantee: United States of America
Purpose: Transmission line
Area Affected: Westerly portion of said premises
and other property
Recording Number: 6183192
Note: Said easement is also delineated and/or
dedicated on the face of the short plat.
6. Easement and the terms and conditions
thereof:
Grantee: United States of America
Purpose: Road approximately 14 feet in width
with such additional widths as are necessary to provide for cuts,
fills and turnouts and for curves at angle points
Area Affected: The description contained therein
is not sufficient to determine its exact location within the
property herein described.
Recording Number: 6183192
7. Easement and the terms and conditions
thereof:
Reserved By: Harry H. Olson inc., a Washington
corporation, its heirs or assigns ingress, egress and
utilities
Area Affected: The description contained therein
is not sufficient to determine its exact location within the
property herein described
Recording Number: 6512634
8. Easement and the terms and conditions
thereof:
Grantee: Adjacent owners and future
owners
Purpose: Ingress, egress and
utilities
Area Affected: The Westerly 60 feet of said
premises and other property
Recorded: August 22, 1975
Recording Number: 7508220654
Note: Said easement is also delineated and/or
dedicated on the face of the short plat.
9. Easement and the terms and conditions
thereof:
Grantee: Adjacent owners and future
owners
Purpose: Ingress, egress and
utilities
Area Affected: Westerly portion of said premises
and other property
Recorded: August 22, 1975
Recording Number: 7508220655
Note: Said easement is also delineated and/or
dedicated on the face of the short plat.
10. Easement and the terms and conditions
thereof:
Grantee: Adjacent owners and future
owners
Purpose: Ingress, egress and
utilities
Area Affected: Westerly portion of said premises
and other property
Recorded: September 10, 1975
Recording Number: 7509100606
Said easement contains a provision for bearing
the cost of maintenance, repair or reconstruction of said roads by
the users.
Note: Said easement is also delineated and/or
dedicated on the face of the short plat.
Said easement is a re-recording of easement
recorded under Recording Number 7508220653.
11. Underground Utility Easement and the terms and
conditions thereof:
Grantee: Puget Sound Power & Light Company,
a Washington corporation
Purpose: Underground electric system
Area Affected: The east 10 feet and the north 30
feet of said premises and other property
Recorded: December 15, 1975
Recording Number: 7512150865
Contains covenant prohibiting structures over
said easement or other activities which might endanger the
underground system.
12. Easement and the terms and conditions
thereof:
Grantee: Puget Sound Energy
Purpose: Electric transmission and/or
distribution system
Area Affected: Northwesterly portion of said
premises and other property
Recorded: August 11, 1999
Recording Number: 19990811001847
13. Exceptions and reservations contained in
deed:
From: Harry H. Olson, Inc.
Recording Number: 6512634
As Follows: Reservation of oil and mineral
rights
14. Easement and the terms and conditions
thereof:
Purpose: Stormwater pond and associated
improvements and appurtenances
Area Affected: A Northerly portion and other
property
Recorded: August 25, 2000
Recording Number: 200000825000894
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Weyerhaeuser
Real Estate Company
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That portion of
Section 2, Township 25 North, Range 6 East, W.M., in King County,
Washington, described as follows:
Beginning at
the south quarter corner of said section;
thence north
85°05'38" west, 1350.85 feet;
thence north
01°01'15" west, 30 17 feet to the true point of
beginning,
thence north
01°01'15" west, 597.12 feet;
thence south
88°47'58" west, 316.33 feet;
thence south
00°55'52" east, 563 17 feet;
thence south
85°05'38" east, 319.03 feet to the true point of
beginning;
1.
Easement and the terms and
conditions referenced therein, including, but not
limited to, the
following:
Grantee: United
States of America
Purpose:
Electric transmission lines
Area Affected:
Portion of said premises
Recording
Number: 4705329
2.
Easement and the terms and
conditions referenced therein, including, but not
limited to, the
following:
For The Benefit
Of: Owners
Purpose:
Ingress and egress
Area Affected:
A 30 foot strip through said premises
Recording
Number: 8706170915
3.
Reservation of all coal, oil, gas
and mineral rights, and rights to explore for the same contained in
deed from Weyerhaeuser Timber Co., a Washington
corporation.
Recorded:
August 28, 1948
Recording
Number: 3832932
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Tadeusz and
Danuta Kochel
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