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Home My WebLink AboutNW24-24N-01ERETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department 6522 Kltsap Way Bremerton, WA 98312 EASEMENT REFERENCE #: GRANTOR: CITY OF BREMERTON GRANTEE: PUGET SOU,'~D ENERGY, INC. SHORT LEGAL: NW 24-24N ASSESSOR'S PROPERTY TAX PARCEL: 2424 012 001 2004 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF BREMERTON, a Washington municipal corporation ("Grantor" heroin), heroby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" heroin), for the purposes heroinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" herein) in KITSAP County, Washington: THAT PORTION OF GOVERNMENT LOT 3, SECTION 13 .AND THAT PORTION OF GOVERNMENT LOT 1, SECTION 24, AND TIDELANDS ADJOINING, ALL IN TOWNSHIP 24 NORTH, RANGE I EAST~ W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 2~ TOWN OF BREMERTON, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE SOUTH 45°20'30" EAST ALONG THE NORTHEASTERLY MARGIN OF 1ST STREET (FRONT STREET ) IN SAID PLAT A DISTANCE OF 14.18 FEET TO THE MOST SOUTHERLY CORNER OF AN ALLEY DELINEATED ON BLOCK 2 ON SAID PLAT; THENCE NORTH 35°37'10" EAST 60.00 FEET ALONG SAID DELINEATED ALLEY TO THE TRUE POINT OF BEGINNING, WHICH IS ALSO CALLED POINT "A" FOR REFERENCE PURPOSES; THENCE SOUTH 45c20'30'' EAST PARALLEL TO THE NORTHEASTERLY MARGIN OF 1s~r STREET (FRONT STREET) TO AN INTERSECTION WITH THE INNER HARBOR LINE DELINEATED ON 1958 SUPPLEMENTAL MAP OF THE BREMERTON TIDELANDS, ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS, OLYMPIA, WASHINGTON; THENCE NORTHEASTERLY ALONG SAID INNER HARBOR LINE TO THE SOUTHWESTERLY MARGIN OF 2"0 STREET AS DELINEATED ON SAID SUPPLEMENTAL MAP; THENCE NORTHWESTERLY ALONG SAID MARGIN TO A POINT ON THE MOST EASTERLY CORNER OF THE ALLEY DELINEATED ON BLOCK 2 IN PLAT OF TOWN OF BREMERTON; THENCE SOUTH 35°37'10" WEST ALONG SAID ALLEY 247.21 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" HERETOFORE DESCRIBED; THENCE SOUTH 45°20'30"EAST PARALLEL TO THE NORTHEASTERLY MARGIN OF 1sT STREET 34.02 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; THENCE NORTH 45°29'10" EAST 14.17 FEET; THENCE NORTH 35°36'30" EAST 5.90 FEET TO THE SOUTHWEST CORNER OF AN EXISTING BRICK BUILDING; THENCE SOUTH 45°20'30" EAST ALONG THE SOUTHEASTERLY WALL THEREOF 129 FEET; THENCE SOUTH 41o53'20" WEST 20 FEET, MORE OR LESS, TO THE SOUTHWEST BOUNDARY OF THE MAIN TRACT HERETOFORE DESCRIBED: THENCE NORTH 45020'30" WEST 129.41 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING Except as may be otherwise set forth herein Grantee's rights shall be exemised upon that portion of the Property ("Easement Area" herein) described as follows: An Easement Area ten (10) feet in width having five (5) feet of such width on each side of a centerline described as follows: See exhibit A attached hereto and by th, is reference/ ~''~ 6/geuGmect~cmade a part hereof: 9855675 (THIS EASEMENT DESCRIPTION WILL BE SUPERSEDED AT A LATER DATE WITH A SURVEYED DESCRIPTION PROVIDED FROM KITSAP TRANSIT AT NO COST TO GRANTEE OR GRANTOR. DESCRIPTION TO BE SUPERSEDED NO LATER THAN ONE YEAR FROM EXECUTION OF THIS DOCUMENT) 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of electricity. Such system may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of ail or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the dght of access to the Easement Area over and across the Property to enable Grantee to exercise i!s r!ghts hereander. Grantee shall compensate Grantor for any damage to the Property caused by the exemise of such dght of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the dght to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Ama., 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the dghts heroin granted, provided, however, Grantor shall not construct or maintain any buildings, structures or ether objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against, liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a pedod of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any pedod of time from the date hereof. 6. Successors and Assigns. Grantee shall have the dght to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests adsing in and under this easement. Without limiting the generality of the foregoing, the rights and obligafior;s of the parties sha~l inure to th,.., benetit of and be binding upon their respective successors and assigns. DATED this t~,,, day of ~ C) ~ _ , 1998. GRANTOR: CITY OF BREMERTON ATTEST: STATE OF WASHINGTON ) ~['l-'~-~ ~ ~' --/~ / ,~ ".,~_ ' da of ~ ' ,J~L~~ ,19~b~reme, aNota Publlcl~~e On this J~ y ~/~ ~r~ ~,b ~[a~ ' ' of Washington, duly commissioned an~ sworn, pemonally appeamd~c~ x ~ ~c~ ~ :~,to me known to be the individual(s) who signed as Mayor of the Ci~ of Breme~on the ~nicipal co~o~ation that executed the within and foregoing instrument, and acknowledged said instrument to be her Nee and volunta~ act and deed and the free and volunta~ act and deed of the City of Breme~on for the uses and purposes therein mentioned; and on oath stated that she was authorized to execute the said instrument on behalf of said City of BremeRon. .~~~OF I have hereunto set my hand and official seal the day and year first above wriBen. (Signature o~Nota~) (Pdnt or s~mp name of Nota~) ./ NOTARY PUBLIC in and for the State of Washington, residing at /~/, My Appointment Expires: ~-/.~- ~ Nola~ seal, lext and all noletions must be inside 1~ margins Surveyed Description of Underground Power Easement AN EASEMENT LOCATED 1N THE TIDELANDS ADJOINING GOVERNMENT LOT 3 OF SECTION 13 AND ADJOINING GOVERNMENT LOT I OF SECTION 24 OF TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF BREMERTON IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF PACIFIC AVENUE AND SECOND STREET IN SAID PLAT OF THE TOWN OF BREMERTON; THENCE ALONG THE CENTERLINE OF SAID PACIFIC AVENUE, SOUTH 01034'42" WEST 274.03 FEET TO THE INTERSECTION WITH FRONT STREET (FIRST STREET); THENCE ALONG THE CENTERLINE OF SAID FRONT STREET, SOUTH 88°25'18" EAST 135.04 FEET; THENCE SOUTH 01°35'59'' WEST 35.00 FEET TO THE SOUTH MARGIN OF SAID FRONT STREET; THENCE ALONG THE EAST BOUNDARY OF THE PUGET SOUND NAVAL SHIPYARD, SOUTH 01035'59'' WEST I08.32 FEET; THENCE CONTINUING ALONG SAID EAST BOUNDARY SOUTH 38°47'08'' EAST 70.99 FEET; THENCE CONTINUING ALONG SAID EAST BOUNDARY SOUTH 29°13'09'' EAST 383.68 FEET TO THE INNER HARBOR LINE; THENCE ALONG SAID INNER HARBOR LINE, NORTH 43°02'4I" EAST 415.28 FEET; THENCE CONTINUING ALONG SAID INNER HARBOR LINE NORTH 25°21'41" EAST 298.01 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF SECOND STREET; THENCE ALONG SAID MARGIN NORTH 63038'48" WEST 47.21 FEET TO THE BEGINNING OF THE CENTERLINE OF A 10 FOOT WIDE EASEMENT; THENCE ALONG SAID CENTERLINE SOUTH 30°40'03" EAST 43.79 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 24054'50" WEST 122.95 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 30°03'28" WEST 53.45 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 33°47'27" WEST 65.79 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 47°24'05'' WEST 13.69 FEET TO THE TERMINUS OF THE CENTERLINE OF THE 10 FOOT WIDE EASEMENT AND THE BEGINNING OF AN EASEMENT DESCRIBED AS FOLLOWS: THENCE SOUTH 46°10'51" EAST 12.89 FEET; THENCE SOUTH 43°49'09" WEST 15.00 FEET; THENCE NORTH 46°10'51" WEST 18.84 FEET; THENCE NORTH 47°24'05'' EAST 15.03 FEET; THENCE SOUTH 46°10'51" EAST 5.01 FEET TO THE POINT OF BEGINNING. EXHIBIT A AGENDA BILL BREMERTON CITY COUNCIL 1. $-~: Easement Grant to FOR AGENDA OF: November 4. 1995 Puget Sound Energy for ORIGINATING DEPT: Parks & RecreatiQ~ Bremerton Transportation Center ORIGINATOR: Jim Spencer Power DATE SUBMITTED: ~ 2. gJ~: (comment on back 3. if ~c~essary) City Attorney ~ PW&U Director ~/~ ~ - ~ Fiscal/Budget Operations ~~~.~ -[ ~/ ENDORSEMENT~ INFORMATION__ APPROVED BY COUNCIL PRESIDenT,OR SUBMIT_~TAL: 4. S~RY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Puget Sound Energy is requesting an easement grant across the parking lot adjacent to the boardwalk from 2nd Street to the Bremerton Transportation Center for underground power lines. This land parcel is not included in Parks Protection properties so Park~Commission review is not required prior to bringing this issue before City Council. This easement description will be superseded at a later date with a surveyed description once the power has been installed. Move to approve the easement grant to Puget Sound Energy for underground power lines across the parking lot adjacent to the boardwalk from 2nd Street to the Bremerton Transportation Center. 9. RESPONSIBLE OFFICIAL: ~D~ ENFORCEMENT OFFICIAL: ~ EXPIRATION DATE: REVIEW DATE: PULLED TABLED __ APPROVED ~// DISAPPROVED AMENDED COUNCIL DIRECTIVE:. , DATE' PUGET SOUND ENERGY September25, 1998 R ~ll C ~ I ~/ ~ SEP ~ 8 1998 City of Bremerton Public Works Department CIIX OF BREt~I0t4 E~GI~EE~ 3027 Olympus Drive Bremerton, WA 98310-4799 Attention: Mr. Ned Lever RE: Easement Kitsap Transit Garage Dear Ned: Pursuant to our discussion this date, enclosed is the revised easement reflecting the changes you requested. If the document is acceptable, have the authorized persons sign the original of the document. The copy is for the City records. The original document will be held in this office until installation is complete. Once construction is complete, we will pursue having the centerline description written. This will then be attached to the document and brought to the City for review and approval. Then the document will be filed for record and a copy of the recording forwarded to the City. If you have questions, please give me a call on 475-7079. Thank you for your assistance in this matter. · Cere Judy )~Sleasman Right of Way Rep II Eno. t~uget Sound Energy Inc · 6522 Kitsap Way · Bremerton WA 98312 ADMINISTRATIVE SERVICES 239 4th Street · Bremerton, WA 98337 · (360) 478-5290 · FAX (360) 478-5200 November 12, 1998 Judy Sleasman Right of Way Rep II Puget Sound Energy, Inc. 6522 Kitsap Way Bremerton, Washington 98312 Dear Ms. Sleasman: Enclosed is the executed easement for the Bremerton Transportation Center. When the description is defined, please send a new easement agreement to my attention and I will route it for City signatures. Sincerely,/~) ~' Paula John.~on Deputy City Clerk PJ:ch enclosure cc: Lisa Collinsworth, Kitsap Transit ~:- Equal Opportunity Employer PUGET SOUND ENERGY March 29, 1997 City of Bremerton 239 Fourth Street Bremerton, WA 98337 Attention: Ms. Paula Johnston Deputy City Clerk RE: Easement to PSE Sinclair Landing Dear Ms. Johnston: Pursuant to your letter of November 12, 1998, and our previous conversations in regards to the above easement, enclosed is the original signed easement. The appropriate amendment has been made including the surveyed legal description of the easement location. A copy of the documentation from Parametrix is included for your records. Please route the document through the City for the appropriate initialing of the changes as indicated by the flags on the document. Also, please have Glenna remove the word "attorney" from the margin of the document into the body, as the county will not record with it there. Return the original and the Exhibit A to my office for final processing and recording. Once the document has been recorded, a copy will be forwarded to your office for your records and one to Lynn in Public Works for their records. Thank you for your assistance in this matter. ~~~,~l,/Si~ ely · -~ ~ . ~ uc~y ,.,~(:.~leasman ~//Right of Way Rep II Enclosure Puget Sound Energy, Inc · 6522 Kitsap Way · Bremerton WA 98312 , '~ ' Parametrlx. Inc.. Easement for Underground Power cable and vault .An easemept located in the tidelands adjoining Government Lot $ of Section ~and adjoining Government Lot I of Section 24 of Township 24 North, Range 1 East of the Willamette Meridian, in the City of Bremerton in Kitsop County, Washington, described os follows: commencing at the intersection of Pacific Avenue and Second Street in said Plat of the Town of Bremerton; thence along the centerline of said Pacific Avenue, South 01'`]4'42" West 274.0,] feet to the intersection with Front Street (First Street); thence along the centerline of said Front Street, South 88'25'18" East 1,35.04 feet; thence South 01',~5'59" West `]5.00 feet to the south margin of said Front Street; thence along the east boundary of the Puget Sound Naval Shipyard, South 01'`]5'59" West 108.32 feet; thence continuing along said east boundary South East 70.99 feet; thence continuing oiong said east boundary South 29'13'09" East 383.68 feet to the inner harbor line; thence along said inner harbor line , North 43'02'41" East 415.28 feet; thence continuing along said inner harbor line North 25'21'41" East 298.01 feet to an intersection with the southwesterly margin of 2nd Street; thence along said margin North 63'38'48" West 47.21 feet to the beginning of the centerline of a I0 foot wide easement; thence along said centerline South 30'40'0J" East 43.79 feet; thence continuing along said centerline South 24'54'50" West 122.95 feet; thence continuing along said centerline South 30'03'28" West 53.45 feet; thence continuing along said centerline South `]3'47'27" West 65.79 feet; thence continuing along said centerline South 47'24'05" West 1`].69 feet to the terminus of the centerline of the 10 foot wide easement and the beginning of on easement described os follows; thence South 46'10'51" East 12.89 feet; thence South 4`]'49'09' West 15.00 feet; thence North 46'I0'51" West 18.84 feet; thence North 47'24'05" East 15.0`] feet; thence South 46'10'51" East 5.01 feet to the point of beginning. Exhibit C25(Sheet 2 of 2) Puget Sound Energy Easement st City of Bremerton Parking Lot Bremerton Transportation Center 0 HOUSE / SOU1]-IWESTERLY I ', / OF 2ND STREET - / POINT. OF BEGINNING I / / / / / / / / / o / / \ / / 46'10'51 · W / % / / oA.~ ~.2,.. Exhibit C26(s~eet I of 2) I--1 J--'--~0 e P,,get So-nd Energy Easement o 2o at City of Brem®rton Parking Lot SCALE IN FEET Brem~r~on TronspoH:ofion Center I HOWARD $. WRIGHT CONSTRUCTION CO. .ANDING ,,o~: (~o~),~-~ ~^x: ~ORTATION CENTER ~~~a~ ~. ~SHINGTON ~ ~, Pa