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HomeMy WebLinkAbout1427 0RDIN~ANCE NO. 1427 AN ORDINANCE granting an easement over and along Wycoff Avenue from Porter Street to the inner harbor line, to E. B. Lent, Theodore Blomberg and H. D. Lent, for the purpose of installing and maintaining oil pipe lines and facilities necessary for the unloading of vessels containing oil. THE CITY C05~ISSION OF THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS: Section 1. That the City of Bremerton does hereby grant unto E. B. ~.ent, Theodore Blomberg and H. D. Lent, doing business as Lent's, in the City of Bremerton, Washington, hereinafter called the grantees, an easement, right and franchise to install and maintain a pipe line or pipe lines along the Easterly margin of Wycoff Avenue in the City of Bremerton from its intersection with l~orter Street to the inner harbor line, for the purpose of conveying oil in such pipe lines from vessels, through the said pipe lines, to oil storage tanks owned and maintained by Lent's in the City of Bremerton. Section 2. The City Commission of the City of Bremerton does hereby further grant unto the grantees the right to drive sufficient piling in the end of Wycoff Avenue near the inner harbor line to provide for the mooring of barges or vessels containing oil; providing however, that the City Commission of the City of Bremerton.does not hereby grant to the said grantees any exclusive right or privilege to the use of said Wycoff ~venue or any part thereof. Section 3. In their use of the right and franchise herein granted, the grantees shall be bound by the following terms and conditions: (1) All pipe lines herein mentioned shall be laid pursuant to the directions of the City Engineer, or such representative of the City of Bremerton as the City Commission shall designate, and shall be laid and re-laid at the expense of grantees so as not to conflict with the use of said Wycoff Street by other users of said street, 'whether said Street be left in its present condition or whether the same be filled in or otherwise changed or altered. (2) By accepting this franchise, the grantees waive any and all claims of every kind, nature and description against the City of Bremerton, its agents and employees on account of damages to such pipe line or pilings herein mentioned from any cause or reason whatsoever, and agree to save the City harmless from any and all claims of any kind, nature or description which may arise, directly or indirectly, out of grantees' use of the franchise and right herein granted. (3) This ordinance and the right granted hereunder may not be altered, amended or changed by the City of Bremerton except with the consent of the grantees for a period of ten (lC) years from and after the effective date of this ordinance. (4) This ordinance and the right granted hereunder shall be void and of no effect unless the. grantees shall, for themselves, their successors and assigns, accept and agreeto the terms, conditions and stipulations herein contained, such acceptance and agreement to be in writing and filed in the office of the City Clerk along with this ordinance and as a part hereof. (5) The grantees shall pay to the City of Bremerton the sum of Ten ($10.00) Dollars per annum, annually in advance as consider- ation for the right herein granted. Section 4. This ordinance shall remain on file with the City Clerk for public inspection at least one week before final passage or adoption, and shall take effect thirty days from and after final passage and publication. APPROVED on first reading by the City Commission of the City of Bremerton, this 28th day of November, 1941. PASSED 'AND ADOPTED unanimously on final reading, signed by the Mayor and attested by the City Clerk in authentication of such passage, this 24 day of December, 1941. ?,w~ ~ ct Attest: c~nL~ cf I the L~nd~-rs!§n~d do certify th  and forefoiP, g