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Home My WebLink About201005060210 PUGET SOUND ENERGY 201005060210 RETURNADDRESS: Easement Rec Fee: $ 63.0� O5/O6/2010 03:29 PM Page: 1 of Z PugetSound Energy I�iC. Walter Washington, Kitsap co a�d;co� Attn: ROW Department � �� I �� I�� II� II�� I�� I�� I�� I� �� 6522 Kitsap Way Bremerton, WA 98312 EASEMENT REFERENCE #: GRANTOR: CITY OF BREMERTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: SE-NE-32-24N-01 E ASSESSOR'S PROPERTYTAX PARCEL: 322409-�-078•2004 �� .�� E��T MaY o s 20�0 �O �ODeL3ry Consi(�eI'afipl'� For and in consideration of One Dollar ($1.00} and other valuable consideration in hand paid, CITY OF BREMERTON, a municipal corporation ("Granto�' 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 GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 88°34'S0" WEST 519.25 FEET AND SOUTH 3°07'04" WEST 521.23 FEET FROM THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1, SAID POINT BEING ON THE SOUTH MARGIN OF THE NAVY YARD HIGHWAY; THENCE SOUTH 3°07'04" WEST 103.99 FEET TO A POINT ON THE EASTERLY MARGIN OF SAID GOVERNMENT LOT 1; THENCE SOUTH 59°40' WEST 115.50 FEET; THENCE SOUTH 77°00' WEST 163 FEET; THENCE NORTH 60°20'04" WEST 82.23 FEET TO THE EAS'� MARGIN OF PORT ORCHARD-BREMERTON HIGHWAY; THENCE NORTH 29°19'45" EAST 91.50 FEET ALONG THE EAST MARGIN OF SAID HIGHWAY TO THE SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE NORTH 76°45'30" EAST 201 FEET ALONG THE SOUTH MARGIN OF SAID HIGHWAY; THENCE NORTH 71 °14' EAST 100.60 FEET TO THE POINT OF BEGINNING; EXCEPT HIGHWAYS; EXCEPT PORTION LYING EASTERLY OF STATE HIGHWAY NO. 21; SITUATE IN THE COUNTY OF KITSAP, Sl'� fE OF WASHINGTON. 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: A STRIP DESCRIBED AS THE WEST 10 FEET OF THE NORTH 54 FEET AND A STRIP DESCRIBED AS THE NORTH 10 FEET OF THE WEST 52 FEET OF THE ABOVE DESCRIBED PROPERTY. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utiliry systems for purposes of distribution and sale 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 ali other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of atl or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may requirp for such syster+s. Grantee shall have :he right of access to the Easement Area over and dcross the Property to enable Grantee :•� �xercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantea. 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 rignt to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetatio� in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the righ"t to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any UG Electric 10/2003 � i a,�o�o a�9/�w-o��2Z 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. 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 period of five (5) successive years, in which event, this easement shail 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, priviteges and interests arising in and under this easement. W ithout 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 success�rs and assigns. DATED this� day of ,` ��°�� , 2010. GRANTOR: BY: � PATTY L , A OR STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) /) �� / On this �7;F��'` day of G�� , 2010, before me, the undersigned, a Notary Public in and f r the State of Washington, duly commissioned and sworn, personally appeared � C''�' L�� . , to me known to be the person who signed as MAYOR, of CITY O BREMERTON, a municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be her free and voluntary act and deed and the free and voluntary act and deed of the CITY OF BREMERTON 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. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. '�. � � � ,��,, (j� (Sign yre of tary) Z � _l� L �� (Print or stamp name of otary) STATEOFWASHINGTQN NOTARY PUBLIC in and for the State of Washington �� Residing at 1�> ��' %� CN�MYIi�S10N EXPIRE$ t2I1�11012 My Appointment Expires: � '� � Notary seal, text and all notaUons must be inside 1" margins �p 5'D�O ��