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HomeMy WebLinkAbout201205100199RETURN ADDRESS Puget Sound Energy, Inc. R/W Department Attn: Connie Corpuz PUGET SOUND ENERGY 201205100199 3130 South 38 Street Easement Rec Fee: $ 64.00 05/10/2012 01 PM Page: 1 of 3 Tacoma, WA 98409 I II111I 1�I III �III� 1��� � 1111 II111 III11 IIII111I11 I1 1I111 I111III 11I1I I111 IN EASEMENT REFERENCE #: GRANTOR: CITY OF BREMERTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: SE / NE 14- 24N -01 E ASSESSOR'S PROPERTY TAX PARCEL: Portion of 3804 - 008 - 001 -0103 For and in consideration of Two Thousand Two Hundred Thirty and No /100 Dollars ($2,230.00) and other valuable consideration hereby acknowledged, the CITY OF BREMERTON, a Washington Municipal Corporation ( "Grantor" herein), hereby grants 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: THE SOUTH 40 FEET OF THE NORTH 150 FEET OF LOT 1, TRACT 8, WARREN SMITH'S ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE EAST 15 FEET CONVEYED TO THE CITY OF BREMERTON FOR WARREN AVENUE; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF BREMERTON FOR WARREN AVENUE AS DESCRIBED UNDER AUDITOR'S FILE NO. 201006210173, RECORDS OF KITSAP COUNTY, 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: THE SOUTH 10 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 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 b. 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 all other facilities or appurtenances necessary or convenient to any or all of the foregoing. WO# 10107232 / RW- 078438 2401 E053 — CITY OF BREMERTON KITSAP COUNTY TREASURER EXCISE 0511012012 2012EX02251 Total: $46.81 Clerk's Initial 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. 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. 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 one (1) year or more, 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 this l .-Sr day of 2011 GRANTOR: CITY OF BREMERTON BY: _ PATTY LE MAYOR ATTEST:.--- - r BY: SHANNON CORIN CITY CLERK APPROVED AS TO FORM: R GER LUBO ICH CITY ATTORNEY. WO# 10107232 / RW- 078438 2401 E053 — CITY OF BREMERTON STATE OF WASHINGTON ) ) SS COUNTY OF KITSAP ) On this day of 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared PATTY LENT, to me known to be the person who signed as Mayor, of the CITY OF BREMERTON,, the Municipal 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 said 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 Municipal Corporation. Notary seal, text and all notations must be inside 1" margins WO# 10107232 / RW- 078438 2401 E053 — CITY OF BREMERTON