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HomeMy WebLinkAbout9306789 NH 93U§TB9 NH SW 15-24-1E p~_/~',~",r EASEMENT FOI~' UN DEI~'GRO UND ELECTRIC SYSTEM P~DV pO~I~R For alx] itl consideration of One 13ollar ($1.00) valuable c°nsiderati°n' the receipt °~ which is hereby ackn°wledV'Ul '1 T H E _CJ_T_Y OF~BREMER~!ON ,_a_munici p al__cgr pot a t ion~ f_t he ("Granlor" hereinJ, grauls, conveys and warl'auls Ill Pt I(;J.~T SOUND POWER & LIGItT COMPANY. a Washinglon car- poration ("Grantee" hereiol, for tile pnrposes Imrl!h'ia[ter set forth a perpelual easemenl uoder, across and over the fol- lowing described real properly {the "Property" herein] ~ County, Washinglon. Lots 4 and 5, Block 1, Goodfellow's Navy Yard Tracts, as per plat recorded in Volume 3 of Plats on page 52, records of Kitsap County; Being a portion of the Southwest quarter of Section 15, Township 24 North, Range 1 East, W.M., Kitsap County, Washington. l:;xcepl as may be olherwise set forlh herein Granlee's rights shall Ire exercised UllOn that purtioo of the Property (Ihe "Right- af Way" hereinl described as follows: A Right-of-Way ten ( 1 0) feet io widlh having five (5) feet of such width on each side of a center- line described as follows: The centerline of Grantee's facilities as now constructed, to be constructed, extended or relocated lying within the West 160 feet of the above described property. 1. Purpose. Grantee shall have the right to construct, opm'ale, maintain, repair, replace and cnh,,~, an anderground electric Iransmissiou aud/or distribution syslem upon and under the Righl-of-Way lagelher with all necessary or couveoieal ap- purtenances therefor, which may include hat are not limiled to Ihe followiog: andcrgronnd conduits, cahles, communicalion lines: vanlts, manholes, switches, and transformers: and semi-hurled or grmmd mmmled facilities. Folh~wing lhe inilial con- sh'uclion of its facilities, Grantee ~nay from lime lo lime eonstracl such addiliooal [acililies as it may require. 2. Access. Graulee shall bare Ihe righl of access lo lbo Right-of-Way over and across tim Properly to eoahle Grantee lo exer- cise its righls hereunder, provided, Ihat Granlee shall compensale Grantor for any damage Io Ihe Properly caused by Ihe exer- cise of said right of access. 3. Obslruclions; Landsuaping. Granite may from lime lo ti~ne re,nave Irees, hushes, or other chstruclious wilhiu the Rigid- of-Way and may level and grade Ihe Righl-.f Way Io the exlenl reasonahly oecessary Io carry md Ih. purposes scl forth in paragraph I berenf, provicled, Ibat following any sueh work. Granite shall, to the exlenl reascmahly praclicable, restore Ihe Righl-o[-Wny Io the coodilion it was immedialely prior Io such work. Following Ihe inslallatim~ ~[ Granlee's underground faeililies, gronlnr nlay umledakn nuy ordinary ilnl~r{}vmnenls to the landscaping of Ihe Righl-o[-Way, provided thai no Irecs olher plauls shall be placed thereou which wouhl he umeasonahly expensive or impraclieal far Grantee Io remove and 4. Granlor's Use of Righl-uf-Way. Grant.r reserxms tim right lo ese the Right-al-Way b~r any pmlmSe m~l im:.nsishm~ wilh the righls hereia granled, provided: Ihal {granlm' shall n.I ~;(msh'uel or mainhfin an5 halhling {~r ~llmr slruclure {m Ihe }light- of-Way which wouhl interfere wilh Ihe exercise .f tim ~ights herein grm~tecl: tirol no digging, tmumling ~r other f.rm struction activity shall he done oo the Property which ~x.tdd disturh the compaclioo or uaearlh Grautee's facililies on Righl-of-Wa7, or endnnger the lateral suppor~ Io said faciliti~s: and Ihal no blasting shall be done within 1D feet of Ihe Righl-of- Way. 5. Indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold ha.uless Grantor frmn any and all claims for injuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the rights herein granled: provided, that Grantee sball not be responsible Io Granlor for any injuries and/or dmnages Io auy person caused by acts or omissions of Grantor. 6. Abandonment. The righls herein granled shall eontimm Imlil such litne as Grantee ceases In use Ihe Righl-nf-Way far a imriod cfi five ~51 successive vears, iu which eeeu~ Ibis {~asemeol shall terminate aod all righls heremuler shall reverl In (;ran- tar, provided that no abandonment shall be deemed to have occurred by reason of Granlee's failure Io initially inslall its facilities on the Right-of-Way within any period of time from the date hereof. 7. Successors and Assigns. The righls and ubligalious of the parties shall iaurc la the benefil of aad be binding apoo Ihelr DATED this day of ., 19 CITY OF BREMERTON MAYOR ATTEST: BY: CITY CLERK STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On this day of , 19__, before me, the undersigned Notary Public, personally appeared . , to me known to be the person authorized by the CITY OF BREMERTON to execute the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of the City of Bremerton, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at i I MUNICIPAL UTILITIES · LOUIS MENTOR, MAYOR October 18, 1993 GatewaytotheOlympicsandllomeofthePugetSoundNavaIShlpyard Puget Sound Power and Light Company P. O. Box 2189 Bremerton, WA 98310 ATTN: Judy Sleasman RE: Work Order N-9306789 NH Easement for Underground Electrical Service Dear Judy: Enclosed please find the original signed easement for underground electrical service to the new Public Works Complex Project located at 100 Oyster Bay Avenue. My understanding, since tile City of Bremerton is the grantor of this easement, is that Puget Power named grantee shall record the enclosed document. In turn, Puget Power will return a copy of the recorded easement to the City of Bremerton, City Clerk Office, attention to Kathleen McCluskey. Should you have any question, please do not hesitate in contacting me at 478-2314. Thank you in advance for your cooperation in this matter. Sincerelz, \jw 6RC CC Kathleen McClumke¥ File 3027 OLYMPUS DRIVE · BREMERTON, WA 98310-4799 · (206) 478-5318