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Home My WebLink AboutNE-SW-26-25N-01E Puget Sound Energy, Inc. Attn: ROW Department 6522 Kltsap Way Bremerton, WA 98312 EASEMENT REFERENCE #: GRANTOR: CITY OF BREMERTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NE-SW-26-25N~01E ASSESSOR'S PROPERTY TAX PARCEL: 262501-3-020-2006 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF BREMERTON, a Washington municipal corporation, ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter 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 THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 25 NORTH, RANGE t EAST, W.M., IN KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 0°55'38" EAST ALONG THE EASTERLY LIMIT OF SAID SUBDIVISION 291.28 FEET; THENCE NORTH 89°04'22'' WEST 75.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0055'38'' EAST 50.00 FEET; THENCE NORTH 89°04'22" WEST 50.00 FEET; THENCE SOUTH 0055'38" WEST 50.00 FEET; THENCE SOUTH 89°04'22" EAST 50.00 FEET TO THE TRUE POINT OF BEGINNING. Except as may be otherwise set forth herein Grantee's dghts shall be exemised upon that portion of the Property ('Easement Area' herein) described as follows: ............................... hcYL~g ~' ^~ ""~' '";'~+~' ..... ~' ~;';^ cf = cc.-.tc~ir~u THE NORTH TEN (10) FEET OF THE WEST TEN (10) FEET OF THE ABOVE DESCRIBED PARCEL. 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 sa~e of electricity. Such systems 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 alt other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all 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 its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right 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 Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantae'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 [hat portion of any such liability attributable to the negligence of Grantor or the negligence of others. UG Electric 11/1998 105014410 RW# 34391 PAGE 1 OF 2 5 Abandonmen T · t. he rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period 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 period of time from the date hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this ~ day Of 2001. GRANTOR: CITY OF BREMERTON ATTEST: <~N S.,~~AYOR BY: '~ ~-'~'~--',-- (~-~- Kathleen L. McCluak®y, City Cl®r~( BY: / ~ Approved aa to ~r~t: STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) this ,=~;~--~ day of ~, 2001, before me, the undersigned, a Notary Public in On and for the State of Washington, duly commissioned and sworn, personally appeared LYNN S. HORTON, to me known to be the person who signed as Mayor, of CiTY OF BREMERTON, a Washington municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of CITY OF BREMERTON, a Washington municipal corporation 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 BREMERTON, a Washington rounlclpal corporation. IN WlTN~~ ,have hereunto set my hand and official seat the day and year first above wdtten. ~ ;, ~,,._'~.,~ .~ ~ (Printorsta~pname-o(Noiary)J '~ ~'..<,r"L/BLt~ .; ~ NOTARY PUBLtC in and for the State of Washington, ~-' My Appointment Expires: ~ PAGE 2 OF 2 215 214 GREEN BELT ... .... . 623383 ',,' .~ - . 155480 .De~il t:o,~ ~ , · . ' 623354 . V0~ , - 15~87 ~- 177 1~ ~ SAN~Y ZONE OF fllG~ SO~D ENEIG~ AGENDA BILL BREMERTON CITY COUNCIL 1. ~;UBJ~¢T: FOR AGENDA OF: 9/5/01 ORIGINATING DEPT: Public Works & Utilities Easement to PSE for Electrical Facilities ORIGINATOR: K. Cahall, Water Resources at Well 21 DATE SUBMITTED: 8/23101 Director, PW&U City Attorney ~ Easement Form Fiscal & Budget Corem v- ~ Map Operations Comm. 4. SUMMARY STATEMENT AND REQUIREMENT FOR (~OUNCIL ACTION: PSE is requesting a grant for an easement at Well 21 for installation of their electrical facilities in conjunction with the development of the City's new Well 21, located at Silverdale Mobile Estates, which is City-owned property. 8. RECOMMENDATION: Move to approve the easement grant to PSE for the installation of electrical facilities in conjunction with the development of the City's Well 21. 9. RESPONSIBLE OFFICIAL: ' PVV&U Director ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED / DISAPPROVED __ AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 0//- /?7 2. CLEARANCE COMMENTS ~Continued~: 4. SUMMARY STATEMENT (Continued): 5. IMPA(~T OF NON-PAS~A(~E: PSE will not install the transformer and electrical facilities on City property without an easement. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT. OR OTHER RESOURCES: This project will not significantly impact staffing, maintenance, and operations activities. 7. RESEARCH SOURCES: