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4713
PUGET SOUND ENERGY
Facility Relocation - 2342 Anderson Hill Road
Engineering
LEG 12-:1
04/24/2008
12/05/2008
02/15/2010
01/01/2010
End date depends on completion of property transaction
Sale closed 12/5/08
PUCET SOUND ENERGY
FACILITY RELOCATION AGREEMENT
This Agreement, dated as of Wednesday March 19,2008, is made and entered into by
and between Puget Sound Energy, Inc., a Washington corporation ("PSE"), and
[Municipality], ("Government Entity"). PSE and the Government Entity are sometimes
referred to herein individually as a "Party" and collectively as the "Parties."
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and
convenient to the transmission and distribution of electricity ("Facilities") that are located on
or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and
Existing Operating Rights are more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
B. The Government Entity plans to construct improvements to the property
located at 2342 Anderson Hill Road Bremerton, W A ("Improvements").
C. In connection with the Improvements, the Government Entity has requested
that PSE perform certain engineering design work and certain construction work relating to
modification or relocation of its Facilities (the "Relocation Work"), all in accordance with
and subject to the terms and conditions of this Agreement, and any applicable tariff on file
with the Washington Utilities and Transportation Commission (the "WUTC").
D. The Government Entity has provided to PSE a written plan for the
Improvements (the "Improvement Plan") which includes, among other things, (a) plans and
specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and
perform the Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, and ( c) information
concerning possible conflicts between PSE's Facilities and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
2.1 Relocation Work. The Relocation Work is described in Exhibit B attached to
this Agreement.
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2.2 Performance of Relocation Work. Subject to the terms and conditions of
this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable
efforts to perform the Relocation Work. PSE shall perform the Relocation Work in
accordance with the schedule provided in Exhibit B (the "Relocation Schedule") with
reasonable diligence in the ordinary course of its business and in light of any operational
issues as to the remainder of its utility systems that may be influenced by the Relocation
Work. PSE shall have no liability to the Government Entity or any third party, nor shall the
Government Entity be relieved or released from its obligations hereunder, in the event of any
delay in the performance ofthe Relocation Work due to any (a) repair, maintenance,
improvement, renewal or replacement work on PSE's utility systems, which work is
necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE
which are necessary or consistent with prudent utility practices to protect the performance,
integrity, reliability or stability ofPSE's utility systems or any systems to which such systems
are connected.
2.3 Adjustments to the Relocation Work. PSE shall notify the Government
Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including
the Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
controlofPSE. The Parties acknowledge that additional requirements not contemplated by
the Parties may arise during the performance of the Relocation Work. In the event such
additional requirements arise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation Cost Estimate.
2.4 Performance by Government Entity. In the event the Government Entity is
unable to perform its obligations under Sections 3 and 4 below to PSE's reasonable
satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use
reasonable efforts to adjust the Relocation Schedule to allow additional time for the
Government Entity to perform such obligations; provided, that if the Parties cannot
reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate
this Agreement by giving written notice to the Government Entity, and the Government
Entity shall promptly pay PSE the amounts payable to PSE in connection with such
termination under Section 6.5. PSE's determination as to the satisfaction or waiver of any
such condition under this Agreement shall not be deemed to be a determination of
satisfaction or waiver of any other condition arising under this Agreement.
2.5 Notice to Proceed with Construction Work. At least 90 days prior to the
date specified in the Relocation Schedule for commencement of construction for the
Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to
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proceed with such construction work, or (b) terminate this Agreement by written notice to
PSE. In the event of such termination, the Government Entity shall promptly pay PSE the
amounts payable to PSE in connection with termination under Section 6.5.
Section 3.
Operating Rights.
Unless otherwise provided for in Exhibit B, the Government Entity shall be solely
responsible for the acquisition of, and any costs related to acquisition of any and all operating
rights for the Facilities that are necessary or appropriate, in addition to or as replacement for
the Existing Operating Rights, for completion of the Relocation Work ("New Operating
Rights"). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality
and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE,
all as determined by PSE in its sole discretion. The New Operating Rights shall be provided
with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain
clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to
commence the Relocation Work, or otherwise in any way change, limit, curtail, impair or
otherwise affect the normal and reliable operation ofthe Facilities as located upon or relative
to the Existing Operating Rights, unless and until PSE is in possession of the New Operating
Rights.
Section 4.
Permits.
The Government Entity shall be solely responsible for the acquisition of, and any
costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews,
impact statements, determinations, authorizations, exemptions or any other form of review or
approval given, made, done, issued or provided by anyone or more governmental authorities
with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits").
The Permits shall be on such terms and conditions as PSE shall, in its sole discretion,
determine to be appropriate to its needs. PSE shall not be obligated to commence
construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair
or otherwise affect the normal and reliable operation ofthe Facilities, unless and until PSE is
in possession of all Permits necessary for the Relocation Work and all rights of appeal with
respect to the Permits shall have been exhausted. The Government Entity shall be
responsible for performance of and any costs associated with any mitigation required by the
Permits.
Section 5.
Materials and Ownership
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all
necessary materials, equipment and labor required to perform the Relocation Work. All
materials, information, property and other items provided for, used or incorporated into the
Relocation Work (including but not limited to the Facilities) shall be and remain the property of
PSE.
-3-
Section 6.
Relocation Costs
6.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation
Work (the "Relocation Cost Estimate") is $54.504.98. The Parties agree that the Relocation
Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual
costs incurred in or associated to the performance of the Relocation Work.
6.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its
actual costs incurred during the performance of the Relocation Work, and in the event PSE
determines that such costs are likely to exceed the Relocation Cost Estimate by more than
twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event
PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be
obligated to continue with performance of any Relocation Work unless and until PSE
receives the Government Entity's written acceptance ofPSE's revised Relocation Cost
Estimate and written notice to proceed with the Relocation Work. In the event PSE does not
receive such acceptance and notice from the Government Entity within ten (10) working days
from the date ofPSE's notice, then PSE may, at its discretion, terminate this Agreement. In
the event of such termination, the Government Entity shall promptly pay PSE the amounts
payable to PSE in connection with termination under Section 6.5.
6.3 Relocation Costs. The Government Entity shall be responsible for, and shall
reimburse PSE for, all costs and expenses incurred by PSE in connection with the
performance the Relocation Work (the "Relocation Costs"). For purposes of this Agreement,
the Relocation Costs shall include, without limitation, any and all direct and indirect costs
incurred by PSE in connection with the performance ofthe Relocation Work, including, but
not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants,
attorneys and other professionals, administration and general expenses and taxes.
6.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
6.5 Costs Upon Termination of Agreement. In the event either Party terminates
this Agreement, the Government Entity shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the
Relocation Work (including, without limitation, all Relocation Costs incurred through
the date of termination and such additional costs as PSE may incur in connection with
its suspension or curtailment of the Relocation Work and the orderly termination of
the Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
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6.6 Payment. The Government Entity shall, within thirty (30) days after the
receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the
full amount of the invoice.
Section 7.
Indemnification
7.1 Indemnification. The Government Entity releases and shall defend,
indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs
and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising
out of any negligent act or omission or willful misconduct of the Government Entity in its
performance under this Agreement. PSE releases and shall defend, indemnify and hold
harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and
expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of
any negligent act or omission or willful misconduct of PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each Party
shall at all times remain employees or contractors, respectively, that Party and shall not be, or
be construed to be, employees or contractors, respectively, of the other Party.
7.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification
obligations of a Party under this Section 8, each Party expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to
any such claim brought against the indemnified Party by or on behalf of any employee of the
indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying
Party from raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
Section 8.
Disclaimers and Limitation of Liability
8.1 Disclaimer. PSE makes no representations or warranties of any kind, express
or implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to, any implied warranty of merchantability or fitness
for a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
8.2 Limitation of Liability. In no event shall PSE be liable, whether in contract,
warranty, tort or otherwise, to any other party or to any other person for any indirect,
incidental, special or consequential damages arising out of the performance or
nonperformance of the Relocation Work or this Agreement.
Section 9.
Miscellaneous
9.1 Tariffs Control. This Agreement is in all respects subject to all applicable
tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any
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conflict or inconsistency between any provision of this Agreement and any such tariff, the
terms of the tariff shall govern and control.
9.2 Survival. Sections 3, and 5 through 9 shall survive any termination ofthis
Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and
following termination of this Agreement neither Party shall have any further obligations
arising under this Agreement and this Agreement shall be of no further force or effect.
9.3 Waiver. The failure of any Party to enforce or insist upon strict performance
of any provision of this Agreement shall not be construed to be a waiver or relinquishment of
any such provision or any other provision in that or any other instance; rather, the same shall
be and remain in full force and effect.
9.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth
the complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
9.5 Force Majeure. In the event that either Party is prevented or delayed in the
performance of any of its obligations under this Agreement by reason beyond its reasonable
control (a "Force Majeure Event"), then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other
condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental
agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its
contractors or a third party; or any failure or delay in the performance by the other Party, or a
third party who is not an employee, agent or contractor of the Party claiming a force Majeure
Event, in connection with the Relocation Work or this Agreement. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligation in an orderly and expedited manner under this
Agreement or procure a substitute for such obligation. The Parties shall use all commercially
reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event.
9.6 Enforceability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed
in all respects as if such invalid or unenforceable provisions were omitted.
9.7 Notice. Any notice, request, approval, consent, order, instruction, direction or
other communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at the address and
to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
-6-
9.8 Governing Law. This Agreement shall be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Washington. This
Agreement shall be fully binding upon the Parties and their respective successors, assigns and
legal representatives.
In witness whereof, the Parties have executed this Agreement as of the date set forth above.
PSE:
Government Entity:
Puget Sound Energy, Inc.
B;
Its
Address:
Ci
By
Its
Address. liS ~'5ix fh (5fyeel SUI k &,00
8YeWl~vfnn vJA, QYd37
Attn:
Attn:
-7-
EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
See attachments.
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9204198 NK
SE 33-24-lE
PUGET
POWER
EASEMENT
For and in consideration of One DoUar ($1.00) and other valuable consideration, the receipt of which is hereby
acknowledged, SCOTT MAC GREGOR and LEAH MUELLER. husband and wife.
as ioint tenants.
("GnlOtor" herein), hereby grants, convey' and warrants to PUGET SOUND POWER &. LIGHT COMPANY, a
Washington corporation ("Grantee" herein), for the: purpost$ hereinafter set forth.. pcrpetualeuemcnt OYer, 8.(:[OU a.nd
under the following described real property (the "Property" herein) in Ki +-~"'P County, Washington:
That portion of the North half of the Northwest quarter of the
Southeast quarter, Section 33, Township 24 North, Range 1 East,
W.M., in Kitsap County, Washington, described as follows:
Beginning at a point 660 feet South and 690 feet west of the
Northeast corner of said Northwest quarter of the Southeast quarter;
thence.North to a point 285 feet South of the Southerly line of
State Highway; thence North 80014' East 138 feet; thence South
to the South line of said North half of the Northwest quarter of
the Southeast quarter; thence West 136 feet to the Point of
Beginning;
EXCEPT the South 175 feet thereof.
No ~'!o::e~:.::j- f:'_~:J:C!eration
E~~~U:~~y teno~t~~:~ ~~::~~.: G~~~~'si3~t;~ be exercised upon that portion oftbe Property (the
.Right-of-Way. herein) desaibed as follows:
A Right-of-Way ten (10) fed in width having five (5) fed ohuch width on eadllide
of. centerline described as follows:
The centerline of Grantee1s facilities as now constructed, to be
constructed, extended or relocated lying within the Easterly
half of the above described property.
E)(.C\SE TAX EXEMpT
Jill 3)) 1992
K,1SAP C9UKn'
lP.t.ll.S!.lRER
$8.DOK1TSAP COUNTY CASH
FILED-BY: PlXiET SOUND POWER & LIGHT CO
MI6 J, 1m, 1l:Ob NI
KAREN FLYNN, AUDITOR
CLERK: L06AN
-A~F~.: 9208030079
REEL 0662 FR 1518
1. PurpcMe. Grantee lball have the right to construct. operate. maintain. repair. repla~ aDd enlarge one or more
electric transmission andlor distribution lines over aDdlor under the R.ighl-of-Way together with all necessary or
convenient appurtenanc:a thereto. which may include but arc not limited to the following::
a. Overh.d r.dlfde.. Polcl and/or toweD witb crossarm,. braces. guys and anchors. eledric transmission and
distribution linea; communication and lignallines; transformers.
b: UndCl'poUDd r.dDUCI. Underground conduits, cables. vaults. manholes. lwitches and tnns(ormers; cemi-
buried or r;round mounted facilities luch as pads. transformers and switches.
Following the initial construction of its facilities. Grantee may from time to time construct such additional lines and
other fa.cilitia: as it may require.
2. AeceIa. Grantee shall have the right of ac:ccss to the Rilht-of-Way over and across the Property toenable Grantee to
exercise it rigbtShereunder, provided. that Granteeahallcompensate Grantor for aDY damage to the Property cauJed by the
exercise of said right oC accea.
3. Cattin, ofTretlI. Grantee shaD have the right to cut or trim any and all brush or treels~ndin8 or growing: upon the
Right-of-Way, and also the right tG cut or trim any trees upon the Property which, in famng, could. in Grantee'! reasonable
judgement, be a hazard to Grantee', fwli...
4. Grantor" use ofRlcht..of-WIY. Grantor reserves tbe nlht to use the Right-oC- Way for any PUrp05e not inconsistent
with the rights herein granted, provided, that Grantor lhall not construct or maintain any buildiDj or other structure on tbe:
Right-of-Way and Grantorshall do no blasting within 300 fed. ofGrantee's facilities without Grantee" prior written consent.
S. Indemnity. By accepting and recording this casement, Grantee agrea to indemnify and hold harmless Grantor Crom
any and all claims for injuries and! or damages suffered by any person which may be caused by the Grantee" exercise ofthe
rights herein. granted; provided. tbat Grantee lhall not be responsible to Orantor for any injuries and/ or damages to any
penon caused by. acts or omissions of Grantor.
6. Abandonment. The rights herein gnnted shaD continue until such time as Grantee ceases to use the Right-of-Way
for a period of five (5) successive yean. in which event this casement shaD terminate and all rights hereunder shall revert to
Grantor, provided, that no abandonment shall be deemed to have occurred by reuon of Granteei failure to initially install
its facilities on the Right-of-Way within any period of time from the date hereof.
111.10 2".
/ /, 'CAMe... . 371 .
(/A.-<-r..t>' PfH.~ \ Vlll 4,{'"
EASEMENT ;)880;;;G , \~ 1. PAGE ':11
.0 J1'QII.. A...' . ... "'" '"' \
THI8 INDE'NTURE. made this 28th da7 of J"uly ~ ..... .... D. 1I.-M
between A. B. Tilden and Kathrvn Tilden, his wi fA,~ .j.nQ~"h N1tRqhr:nn"~r G~ ..? '~
Nothburga NUBsbatimer, his wite. ~ , '", ~
heroln.fter called the Granto~ p.~ of the fttat part, PUGET SOUND POWER &. LIGHT COMPANY, e. Maas.aohuuttt cor-
per.tlon, hereinafter called the Grantee, party of the second part. and
hereinafter called the Mortgagee, party of the third part, WITNESSETH:
That the GrantorL for and In consideration of the aum of. One 8.lld Ho/lOO
'00
i".
~ -
~gUY. and .ncho.... and tQ place upon or auwpcnd from auch poln trOlneml..1on, distribution and .1C1"RI wire., Inaulator.. cre....r",..
.tranllformer. and other nece..ary or conyenlent appurtenanco.. actON. ova,. and upon !hI! .!ollowlng dCKl"lbed land. and preml.e.
situated In the County of' litS6'P Btate of Walhlngton, to-wlt: .
The Weat 1$6 reet or the following described property: Beginning 660 reet
South and 26/. tellt "ellt ot the Northeast corner ot the Northweo1. quarter,
ot the Southeast quarter, Section 33, Township 24 North, llange .1 East, 11.)(;
thence "est 426 teet; thence Borth to State Highlra:ri thence in '" Easterl,y
direction along said highwa;r to a point due North ot the point ot beginning;
thence South to the point ot beginning ;it being under-stood .that a concrete
JIlonument has been plac8d at the Northeast corner of add tr-act aa a point
or beginning;: .ll"'c~t the South 375 teet thereot; alao exoept beg1nnlng at
point ot intersection ot West line or allove d8scribed property and-Southerly
margin or State 1i1ghway; thence South 100 teet; thenee East 100 teet; thance
North to the Southerly margin or the State Highway; thenoe Westerly along
the Southerly margin ot State High""Y to the point ot beg1llJl1ng.
'The center Une of laid tr'IInamlrslon and dl~rlbutlon IIn. to b. 10C.1ted .. follow..:
~fin",,-foCated end staked !lcrass the aboye' described property, together
with the right to extend from said line to aerve adjacent custOlll8Ta.
To.ethel',.th tha rlg~t at aU tlm.. to the GrantM, It. aUCCOMO,.. and ...IIiIM. of Ihgr... to and egree. from uld Jande .01"'Ola ad-
Ja~nt 'an4. or tha Orantor-A for the PUl'poM of constructing, roconstructlng, repalrl~g, renowlnG. altering. ohangln.. patrolling
and operating pld line, and tho right at an1 tlm. to nmon .ald polo., .:-'t'M and appurtenance. from Mid landa. .
AI.o tho right t.o tho Orantae. Ill: .lICccuon and a..lgna, at all tlmN to cat all bruah and timbttr, and trim all trMa .tandlnll or'
growing uplitn .ald land. whloh, In the oplnlon of tho Grantee, conatJtute a man.co.or danger to .ald line.
The Orantor..l......, .:tha1.r....h.lr.. .u~oo..ort' 01' .aalllft.. cov.nanL- and agl"08...-- that i'h"7 will not do an1 blntlng or
dlao".~ anr oxplcalna within I dldanca of three hundred (300) fed of ..Id line wUhosrt alvlng re..onablo notlco In writing to
-t~~.:<fr~n{H" .1,* .l1,fcce'lOl"I 01" ...Ign.. of Intention ICl to do.
'~:ri.h~-EW~.PrlYI10gM and authorl~ hef'tlby tl"llntod thaI! continua and be In forco until auch time.. the C,..nlec. It. auo-
0."';0."'" ctr ~!~ ~~~_" pllnnanently remove uld pole.. wIre. and appurtonance. from "Id land.. or _hall othorwt..' ponnanently
__ _-;-- .,Mon.~~~ 'JI~~."" ~. all .uch-rlghh, tltlo, .polvllagq.an~ .au,!h!rlty .her.by granted ahall tennlnat..
. :... ~...- __Any moriQaio ~n. tha uld promlae. held by tho Mortgagoe above named I. heretiy -:-etealiecs to tho extent. ~ut o~ly to the extent.
'._~_1t'~~ ~~:~~te the ..Id mortaage to the o..omont heroin granted to uld Orantoo. : .
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~~241 PAGE258
EASEMENT
~8901~
11170
THIS INDENTURE, mad. "',. 9~h day of Sept ember .... D. 1.~
beMoe", L.)(. Hu1burt a.nd E~e&nor A_ Hu1bllrt. hi,. wif"A.. own(J1:"S. and Alfred.
fi:ickson and Belle-Eriokson, his wi:fe, holdin.cz unrecorded contract o:f - purchall8
rlJlI1 o1ll1ers .
~~h\.ft.ef ealled the Granbr.!L-, p.~of thee llrft part. PUGET 80UND POWER 4. LIGHT COMPANY,. Mu..chu.ctt. cor-
poi-~I~n. har-clnafter !:lilted the Gral'\tee, party ofth. socond part.tMd--------------------...-----'---------
1re"NI~ml',.nnlU"'"fftr'mM~I"!!~"..?q'1l,..'!t1"!"1:rn1"'tr~ WITNESSETH:
That the GrantorJl., for and In consideration of the allm of ------ DnA An'la.-r -------------------
Dollan (l 1 _ 00
) and other val",able con.lde-ratlon.. reoelpt of whlc:h Ie henby acknowledged. hereby convoy_._ and
grant..-- to the Granteo, Its tlUCCllUOrll and ...Ign.. tho rlliltat. prIvilege and authority to con.truct, erect, alter, Improve, repair,
oper~te and ",alntaln an electric tranemlnlon and dlltrlbutlott line, conalellng of. sini"1f1lno of polea, with noce.....y bf'~oe..,
guY' and anchore, and to place upon or au.pcnd from .uch pole. tran.mlnIon, dlstrlbu.tion and signal wire.. In'ulatore, cro...rma,
tr'lIn$forme,.. and other necessary or convenient appurtenances,. actoss. over and upon tho following de.crlbed I.n~s and premls"
.Itua~d In the County ot
Xi t IIl\p
State ot Wa.hlngton, to-wIt:
Part of the Northwest i of the Southeast i. Section 33.
TOlll1l1hip 24. North. Range 1 Eaet, W.J(.. described all :folloWlIl
Beginnin~ at a point 690 :feet Wsst o:f the Southeast corner
o:f the Harth", or the Northwest t o:f the Southeast t ot uaiel
SeotioD 33; thence West to the Vest lineo! said Northwest t
o:f Southeast .t-; thence North along the \hst lino ot said North-
wellt t or Soutl~aat t to the Southerly line o:f state Road No.
14.; thence Easterly along said Southerly lino to a point due
Borth o:f the point o:f beginning; thanos South to ths point ot
beginning.
The centor IIn. of ..Id tran-.nl..lon and dlRrlbutlon 11M to be located .u follow.:
-'..- noW-l-aca"teif-a.i1d:-.ta1r4fllover and Rei-oji! lihe--abovs discrioed
property. This easement cancels and superssdes that osrtain
easement dated April 17, 1933, :filed :for reoord ~ 8, 1933
and recorded in: Vo1ume l8!1 o:f Illteds, Page 416. Records IJt Kitaap
Oounty, washington.
TOllethcr with the right at an t1mM to tho Grantoo, It. aucce..or. and ...llIn., ot Ingre.. to and ogr... from uld lands acro.. ad-
Jacent l.n4. of the Gr.ntor...... for the pl,Irpo.. of c>onnructlng, reeonattuctlng, rep.lrlnll, nAowlng, alterIng, chanlllng. pat,..lIInlil
.nd oporatlng ..14 line, .n4 the right at an)" tJm. to removo .idd pole., wlNls and appurtonance, from .ald land..
Also the right to the Grantee, Ita .uce,sllore and ...Ign.. at aU tlmo. tQ cut .11 bru.h and tlmb.r, and trim aU tr.n nandillg or
IIrowing upon .ald land. which, In tho opinion of the Gnntee, con.tltute a menace or danger to ..Id line.
The GrantorL ~elr.. .ucce~re or ...llIn.. covenan~ and agree- that 'th~y will not do any blasting or
dlacharge an)" exploslvoa within a dlttanco ot throe hundred (100) fcot of a.ld IIno without glvlnll rcaton.bl. notice In wrlUnll to
tho Cirente.e, It:. .ucceaaor. or a..llln.. ot Intention ao to do.
The4r1lht., tltl., privilege. and authority h.reby llranted ,hall contlnl,lo and bo In force until .uch tlma a. the Grantee, Its .ue-
_ _ _ _ "..~., -or: uUlJ!2'J--~Lpua1ane.Atl1- retllOW .....Id .po~ wire. and .ppu::wnanoM--fl"Om- NkI Janda, or .h.1I othor<<l.. perman.nUy
abando~..ld J~ne. ~t which tlmo all .uch nghle, tltla, prlvllogea .nd authority h.reby granted a:hall termInate.
_ ~ ~.tho-................-tI.w.,. tM -Mor'tpt~.w ",anted ~Pdr"'l"OtonM-to-t~Rtrt:rut ettf)oo..~
- _,~~rttl.""d'1h~G'lf"'a'''''tftrftI'limWnt.'''h...lft'''''''''Q<<'trI'Itd'''GNl\1K.
IN WIT~E88 WHEREOF, thl. In.uument ha. bMn executed the day and year tint above written.
t(A~Ck J&.A~
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EXHIBIT B
RELOCATION WORK
(TO INCLUDE A DESCRIPTION OF THE WORK TO BE PERFORMED BY PSE
TOGETHER WITH A SCHEDULE FOR THE PERFORMANCE OF THE WORK
AND A DESCRIPTION OF ANY NEW OPERATING RIGHTS REQUIRED FOR
THE PERFORMANCE OF THE WORK)
This agreement covers the power line relocation and undergrounding at 2342 Anderson
Hill Road in Bremerton, Washington. The City has agreed to have the power lines that
cross the property at 2342 Anderson Hill Road relocated and converted to an
underground distribution system. The City is requesting to have three overhead spans
of three-phase distribution facility relocated and converted to underground from pole
number 619768-154334 to the end of the overhead feed at pole 619709-154351
(approximately 600 feet). Once the relocation, underground conversion is completed
and energized the overhead spans and poles will be removed from their existing
alignment. The City has agreed to provide the trenching and placement of ducts and
vaults in the new underground alignment.
-9-
PUGET
SOUND
ENERGY
FACILITY RELOCATION/MODIFICATION
ESTIMATE DETAIL
To: City of Bremerton
345 6th Street, Suite 600
Bremerton,VVA 98337
Date: 03/19/08
Attn: Brad Ginn
Project Description: Remove existing OH facilities and install new UG facilities
Location: SR 16 & Anderson Hill Rd.
PSEjPotelco Project Mgr: Doug Long
Activity: Installation of distribution
------....-....------....--..-..----- ,------...----"""....,...-..-____ __"'"______..._~r.....,..__' _."..,...._..___________..
PSE Order': 101048166
% Reimbursable: 100%
Materials
Construction
Engineering & Management
Right of Way
Overhead
$ 15,344.08
$ 27,438.95
$ 6,985.78
$ 1,292.00
$ 3,444.17
Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868
Billing Detail Form 5/01