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Home My WebLink About3037807 PLEASE RETURN TO: Pa~Je: ! of $ R.D.ATKINS 09/02/97 19324 SPRAGUE DR. R flTKIH$ EStlT Si0.00 Kitsap C0, ~fl BOTllELL, WA. 98012 RECORDING INFORMATION ABOVE DOCUMENT PREPARED BY A~ ~, ~-~'?</,,i/,f TELEPHONE # PJw # ~'77,~ EASEMENT AGREEMENT The undersigned Grantor(s) ~tT'g ~9~- ~3',,(:'t~'~,~z-~,t~/ for and in consideration of ,~'/t.,"z~- /-,~,,///D,,~dtu-z~ Dollars($ G"cq~',o[~' ) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto U S WEST Communications, Inc., a Colorado corporation, hereinafter re- ferred to as "Grantee", whose address is /,.T/~ ~ (_~ ~/~t _/'$/~) ~t~TZ~ ~q~ ~Ye z~, its successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain and remove such telecommunications facilities, electical facilities and gas facilities, and appurtenances, from time to time, as Grantee may require upon, over, under and across the following described land situated in the County of State of ~/d//,4-~'/:~t~ ~--~-! , which the Grantor owns or in which the Grantor has any interest, to wit: EXCiSE~"~3~'"'$ ~ BY KITSAP-'" O'O-NTY AUG g 5 1997 LOT -- BLK SECTION /o~l. TOWNSHIP c~ Peso/ RANGE ?~-'- ~ TAX PARCEL # ~c]~dt -Oo/- SEE EXHIBIT ' I/J ~/ ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor further conveys to Grantee the following incidental rights: /b/,~ "~ A temporary right-of-way to be used during all per!ods of construction, reconstruction, reinforcement, repair and removal upon a strip of land feet wide on the side of, and a strip of land feet wide on the side of said easement. (2) The right of ingress and egress over and across the lands of Grantor to and from the above-described property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area. Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted. Grantor covenants that he/she/they is/are the fee simple owner of said land or in which the Grantor has any interest and will warrant m~d defend title to the land against all claims. Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. RG 01-0273 (12-96) Page I of 2 , Initial RECORDING INFORMATION ABOVE Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located· Dated this /~.:~; day of _~_~(~ , 19 City of Bremerton Grantor (Official name of company or Co~oration) Grantor By C~ -~ · ~d~L Its ~'~-~---- Grantor O [S E A L] Grantor Secretary of Corporation (Individual Acknowledgment) (Corporate Acknowledgment) State of WASHINGTON } State of WASHINGTON } } ss } ss County of } County of~"~"~'~oJ ) ~ , On this day personally appeared O,n this day personally ~ppeared before me before me ~,~r,.~,~ .x/] ~,~ known to me to be the individual who who c~id say he/she is the executed the foregoing instrument, and ( v of the acknowledged that signed the corporation that executed the foregoing same as free and voluntary act instrument and agknowledged said and deed, for the uses and purposes herein instrument to be the free and voluntary act mentioned, and deed of said corporation, for the uses Given under my hand and official and purposes therein mentioned, and an oath seal this day of stated that x2~ . was 19__ authorized to execute said instrument on behalf of the corporation. · t_1/! _, . Given under m hand and offlcm seal this /.~J3day of ~ %,'1'~-~"',-:: "? '. Notary Public of the State of Washington ~ a ~ .' .. . "'~; :,~ 0l"7, 4./ .. 0 Residing at (,~ : ~.:~ :' My commission expires: ~..t/c/M ~ ~./,c~ . (. ~ _~ .~_x~;. Notary Puglic of the State of W,l~hin~oh'.'e,w Residing at fxJ~ ,,.-~,C~r,z): '.: :7~','; ~?'?' '''' My commission expires: ,c5--/o~- ~'3~ : ....... Exchange z'~'~'~r~ County ,~,~,? ~ 1/4 Section D'~,~ Section /C~/, Township ~ ff/V' Range / ~ ~ nusonWay ~ 20' from pole Ho~mer R. Jones Dr. 36' 60' rased 10'Xl O' easement Right-of-Way Reference ~ Code 45C U S WEST Communications, Inc. on the Prope~y of 302)' Olympus Drive Bremerton, WA. 98310 Section 12 Township 24N Range 1E Willamette Meridian Kitsap County, Washington State Bremerton Exchange or Toll Lead Job Number 72WB846 Length, 10'X10' · ,GBND~. BI'LL BREI,fERTON CITY COUNCIL 1. SU~ECT: Easement Grant to FOR AGENDA OF: ~/~/97 US West on Park Land ORIGINATING DEPT: Parks' ~& Rec ORIGINATOR: Jim SDencer~ DATE SUBMITTED: 7/A~/~ 7 2. CLEARANCES: (comment/~back 3. E~IBITS: CityAttorne~f~ 1) EasementAgreement City Clerk ~~.-/ / 2) Re~est Letter Fiscal/Budget '~ Operations ~~ MAYOR ~ COUNCIL P~SIDENT~d~--%~ ~ 4. SUM~L~RY STATE~NT AND REOUIREMENT FOR COUNCIL ACTION: US West Communications has re~ested an easement grant on Park property South of Jarstad A~atic Center at the intersection of Magnuson Way and Homer Jones Dr. They would like to replace an existing utility cabinet with a larger one that re~ires a 10 ft by 10 ft easement grant from the City. US West proposes to pay $500.00 for the easement. The Parks Commission recommends granting this easement and dedicating the $500.00 for tennis court backstops. 8. RECOMMENDATION: Motion to approve 10 ft by 10 ft easement grant to US West on Park Land at the intersection of Magnuson Way and Homer Jones Dr. 9. RESPONSIBLE OFFICIAL: Parks/Rec Di~ ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION / PULLED TABLED APPROVED ~// DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: AGENDA ILL No. 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont,): 5. IMPACT ON NON-PASSA~: US West will not be able to install a larger cabinet at that location. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOUR ES: ATCQ Fe× ; ~06-,',,4-S,:_87 Roy O1 i7:34 PTCO Fax : zO6-774-,,zS7 Nov OZ 17:~4 ADMINISTRATIVE SERVICES 239 4th Street · Bremerton, WA 98337 · (360) 478-5290 · FAX (360) 478-5200 Ausust 19, 1997 Mr. Richard D. Atldns 19324 Sprasue Drive Bothell, Washington 98012 Dear Mr. Atlfina: Enclosed is the Easement Agreement executed by the City of Bremerton. Please forward a copy of the recorded agreement to my attention. Sincerely, Paula John, t~ Deputy City Cl~rk PI:ch Equal Opportunity Employer T E SINC. Richard l). Atkins Right-of-Way Agent 19324 Sprague Drive, Bothell: WA. 98012 Ph. 425-672-7532, Fax. 425-774-8287 Cellular 206-819-4179 Ma)' 17, 1997 Kathleen L. McCluskey Director, Administrative Services City of Bremerton 239 Fourth Street Bremerton, WA. 98337 Dear Kathleen, I received your letter and my original easement today. Thank you for the information. I am aware that the State has changed the requirements ~br recorded documents. I have been using the front sheet that the Assessors office has and have bad no problem to date in any oFthe Counties in Western Washington. I do not send the front sheet out with the easement when it is being considered and signed as it is just one more piece of paper to pa), the postage for and an additional page to get lost or in the way. There is really nothing on it that the Grantor needs to see as all the intbrmation is on the easement itsel£ U S WEST does not allow me thc privilege of modifying the main body of their easements so I am unable to change it per your suggestion. Rest assured that the front sheet is attached when it is recorded though as the County will not record it without the proper information on the t¥ont sheet lfl can answer any other questions about this, please call me on 4250-672-7532. Sincere. ly You35, .. Richard D. Atkins ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR C~way ~o ~h~ OIb, mp~ and Home of May 14, 1997 Mr. Richard D. Arkins T E S Inc. 19324 Sprague Drive Bothell, Washington 98012 Our City Engineer, Randy Witt, has forwarded your letter of April 12, 1997 requesting an easement for the US West cabinet. Pre 'hminarily, the Parks Director has no objection to the requested easeme~, however he felt that the request should be preserved to the Parks Commission. They will meet on May 27, 1997. I will contact you after that date. Also, our county auditor has some very specific requirements for documents sent for recording. I've returned your easement along with the specs provided by the auditors office. Please re-draft in the proper form and return to my attention. Sincerely, Kathleen L. McCluskey, Director Administrative Services KLM:ch enclosure 239 4TH STREET · BREMERTON, WA98337 · (360)478-5290 · FAX (360) 478-52GO _- City of Bremerton Subject ~_~ ~ ~C~T ~ ~ ~cr my co~ersation with Ma~ Ellen ~abbut, p ~asc hnd ~ncios~d an ~ascmcnt. and drawin~ ~howing where U S WEST Communications would like lo place ~heir ca~incl a tract m Brcmc~on that used lo J~ Navy land. I ha*c l~an aul~orixcd to o/'l~r you riva dollars a square l~I tbr a total of five hundred dollar~ {$50(}.00) lbr a l 0 Jbot by I 0 Jbot easement. Thc cabiact is approximately five l~et hi~h, three t~t wide and ~wo t~ct thick. cabinet will provide a central poim br th~ techn - -,,~ to make their connect ons. Thc reside is Full of connectors ~ttachcd to thc c~lcs that p~s by this I~ation. By ha~ing the cables in this ar~a enter this box. they have greater tlexibili~ in choosing a linc tut a particular customer. This ~]ows them to have access to eyeD, line in the ~ea tbr trouble shooting pu~oscs. This ~11 also tbcflitatc se~ice to any new development in thc imm:diate area. lf~ou would like to talk to me about this. - I can be reached on 206-672-7532. (aficr 1-~_ Richard D. Atkins ~l~ ~ *'~ ~e) T E S INC. Richard D. Atkins Right-of-Way Agent 19324 Sprague Drive, Bothell, WA. 98012 Ph. 206-672-7532, Fax. 206-774-8287 Cellular 206-819-4179 April 12, 1997 Mr. Randy Wit1 City Engineer, City of Bremerton 3027 Olympus Drive Bremerton, WA. 98310 Mr. Witt, U S WEST Communications has asked me to contact you to see if they could purchase an casement lbr a cabinet on City property. They need to replace an existing cabinet as show~ on the attached sketch. Per my conversation with Mary Ellen Babbitt, please find enclosed an easement, and a drawing showing where U S WEST Communications would like to place their cabinet on a tract in Bremerton that used to be Navy land. I have been authorized to offer you five dollars a square foot for a total of five hundred dollars ($500.00) for a 10 foot by 10 foot easement. The cabinet is approximately five feet high, three feet wide and two feet thick. This cabinet will provide a central point for the technicians to make their connections. The inside is full of connectors attached to thc cables that pass by this location. By having all the cables in this area enter this box, they have greater flexibility in choosing a line tbr a particular customer. This allows them to have access to every line in the area for trouble shooting purposes. This wilt also facilitate service to any new development in the immediate area. If you would like to talk to me about this, 1 can be reached on 206-672-7532. (after 4-27- 97 this will be area code 425 instead of 206) Richard D. Atkins ~.....,...~ n u s on Way 2fl' ~om pole Right-oFWay Re~erence # Code 45C U S WEST Communications, Inc. on the Proper1,/of ~ih,'. nf Rremertnn 31127 Olympus Drive Brcmerton, WA. 9831§ Section 12 Township. 24N Range. ]E Willamette Meridian Kitsap County, Washington State Bremcrton Exchange or Toll Lead Job Number 72WB1)46 Length. 10'X1, O'