HomeMy WebLinkAboutSE-SW-12-24N-01E
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RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
6522 Kitsap Way
Bremerton, WA 98312
EASEMENT
REFERENCE #:
GRANTOR: CITY OF BREMERTON
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: SE-SW-12-24N-01 E
ASSESSOR'S PROPERTY TAX PARCEL: 3976-001-001-0001
For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF
BREMERTON, a 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:
BEING A PORTION OF THE UNITED STATES NAVY YARD ADDITION TO
BREMERTON AS RECORDED IN VOLUME 3 OF PLATS, PAGE 63, RECORDS OF
KITSAP COUNTY, WASHINTON AND DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT WHICH BEARS NORTH 2001 '25" EAST FROM THE QUARTER SECTION OF
SECTIONS 12 AND 13 A DISTANCE OF 20 FEET; THENCE NORTH 87052'56" WEST 20
FEET TO THE TRUE POINT OF BEGINNING AND THE WESTERLY MARGIN OF
SCHLEY BLVD; THENCE NORTH 2001'25" EAST 350 FEET ALONG THE WESTERLY
MARGIN OF SCHLEY BOULEVARD; THENCE NORTH 87058'35" WEST 30 FEET;
THENCE SOUTH 2001'25" WEST 100 FEET; THENCE SOUTH 24024'23" WEST 183.85
FEET; THENCE SOUTH 2001 '25" WEST 80 FEET TO A LINE WHICH IS PARALELL TO
AND 20 FEET NORTH OF TNE NORTH LINE OF SECTION 13; THENCE SOUTH
87052'56" EAST 100 FEET TO THE POINT OF BEGINNING.
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
An Easement Area THIRTY (30) feet in width having FIFTEEN (15) feet of such width on each side of a centerline
described as follows:
BEGINNING 235 FEET SOUTH FROM THE NORTHEAST CORNER OF THE
ABOVE DESCRIBED PARCEL AND THE TRUE POINT OF BEGINNING OF
THIS CENTERLINE DESCRIPTION; THENCE SOUTH 780 WEST A DISTANCE
OF 88 FEET TO A POINT ON THE SOUTH LINE OF THE ABOVE DESCRIBED
PROPERTY, SAID POINT BEING 60' WEST FROM THE SOUTHEAST
CORNER OF THE ABOVE DESCRIBED PARCEL MORE OR LESS AND THE
TERMINUS OF SAID CENTERLINE DESCRIPTION.
OH/UG Gas & Electric Easement 11/1998
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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 systems may include, but are not limited to:
a. Overhead facilities. Poles, towers and other support structures with crossarms, braces,
guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables
and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and
all other facilities or appurtenances necessary or convenient to any or all of the foregoing; and.
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 right 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. Trees Outside Easement Area. Grantee shall have the right to cut, trim remove and dispose of any
trees located on the Property outside the Easement Area that could, in Grantee's sole judgment, interfere with or
create a hazard to Grantee's systems. Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be cut, trimmed, removed or disposed of
(except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are
cut, trimmed, removed or otherwise disposed of in response to emergency conditions). Grantor shall be entitles to
no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of merchantable
timber (if any) cut and removed from the Property by Grantee.
4. 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
Grantee's facilities without Grantee's prior written consent.
5. 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.
6. Abandonment. The 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.
7. 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 th;s /~ day of ~..6-t'.u ~......A.J , 2003.
BY:
~
ATTEST:
BY:
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STATE OFWASHINGTON)
) 88
COUNTY OF KITSAP )
On this .1!J.t:L day of ~.M., 2003, before me, the under igned, a No ary Public in and for the State
of Washington, duly commis . ned and s~perSOnallY appeared , to me
known to be the person who signed as ~ ' of C Y OF B EMERTON, a municipal
corporation, the corporation that executed the ithi 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
municipal corporation for the uses and purposes therein mentioned; and on oath stated that _ was authorized
to execute the said instrument on behalf of said CITY OF BREMERTON, a municipal corporation.
WHEREOF I have hereunto set my hand and official s al the day and year first above written.
(Signature Notary)
(' Ju:,..vti/ L. /-leY> YY-
(Print or st p name of Notary)
NOTARY PUBLIC in and for the State of Washington,
Residing at ~.fi-'yJ.)
My Appointment Expires: .,$""- J S - Ot.
Notary seal, text and all notations must be inside 1M margins
R:\LEGAL \Departments-General\PW &U\PSE Easement.doc