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HomeMy WebLinkAbout4498 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4498 KIT SAP TRANSIT Use - City Owned Rights of Way Engineering LEG 12-1 07/20/2005 06/15/2010 Review date for tracking only t ~, 0 p'\ \ \,\,.-0\1 I ...\ 0\. 0 200510060217 \ , Page: 1 of 9 .. I. _ 1G/G6/2GG5 12: 2.3P , , \ . . I .- R~i $4G.GG Kit,sap Co, WA o RONALD C TEMPLETON After Recording Return to: Ronald C. Templeton, P.S. 3212 NW Byron Street, Suite 104 Silverdale, W A 98383 EXCISE TAX EXEMPT OCT 062005 CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF-WAY / This Agreement is made and entered into pursuant to RCW 36.57 A.080 by and between KlTSAP TRANSIT, a Municipal Corporation organized as a Public Transportation Benefit Area ("KT") and the CITY OF BREMERTON, a M~al Corporation and Washington First Class Charter City (the "City") as of the ~ . day of July, 2005. For good and'valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Callow Avenue Grant. Subject to the reservations and protective covenants set forth in Paragraph 2, the City hereby grants and conveys to KT, as the owner of the real property described in Exhi.bit 1 (the "Transit Parcel"), the perpetual, appurtenant and exclusive right to use, occupy, enjoy and improve that portion of the Callow A venue right-of-way (hereinafter the "Callow Parcel") located in the City of Bremerton, as described in Exhibit 2 hereto. 2. Callow Parcel Reservations, Protective Covenants and Miscellaneous Terms. 2.1 Reservations. The City hereby reserves unto itself and to private utility companies with existing utilities located within the Callow Parcel described in Exhibit 2, including, but not limited to, Puget CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF- WAY Page 1 of6 . Sound Energy, Cascade Natural Gas, Qwest and any applicable cable company, (collectively "Utility") the following rights to the Callow Parcel: a. The right to operate, maintain, repair, replace and inspect all existing utilities over, under or within the Callow Parcel at times and locations of its choosing as may be reasonably necessary to operate and maintain said utilities'in a good working condition. To the extent practicable, the City will notify KT in advance of any planned access requirements by the City. In the case of private utilities, access rights shall be governed by its right-of-way franchise or contract with the City or as otherwise provided by law; b. The right to install, operate, maintain, repair, replace and inspect additional underground utility lines, provided no new above-ground or surface appurtenances shall be placed in the West 45 feet of the Callow Parcel without the written consent from KT, which consent shall not be unreasonably withheld, provided, in the case of private utilities, the right of said utilities herein shall be as provided in its right-of-way franchise or contract with the City or as otherwise provided by law. 2.2 Protective Covenants. KT shall not, a. Without the express written consent of the City, construct, erect or maintain any buildings on or over the Callow Parcel or excavate below a depth of 2 feet below the hard surface of the parcel; or b. Damage, disrupt or interfere with the Utility's operation, use maintenance of and access to utilities within the Callow Parcel. 2.3 Maintenance. KT shall be responsible for the maintenance of the surface ofthe Callow Parcel. However, the Utility shall be responsible for repairing any surface damage to the Callow Parcel caused by the operation, maintenance; repair, construction, . installation, replacement or inspection of utilities within the Callow Parcel unless such damage was caused by KT. The City shall have no obligation to restore any improvements made by KT such as (without limitation) fencing, striping and signage, landscaping, CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF- WAY Page 2 of6 . . . \ 1,\ ''''f '\ \ \ I~ I Il20051 006021 7 Page: 2 of 9 , i \ I L. 1 .. , . lG/G6/2GG5 12: 2.3P $4G.GG Kitsap Co, WA RONALD C TEMPLETON R~l . walkways, curbing and lighting. Private utility companies shall be obligated to restore any improvements made by KT as required by its right-of-way franchise or contract with the City or as otherwise required by law. 3. Fifth Street Grant. Subject to the reservations and protective covenants set forth in Paragraph 4 and subject to the existing encroachment of the building from the adjoining property, the City hereby grants and conveys to . KT, the exclusive and perpetual right to use, occupy, enjoy and improve that portion of the Fifth Street right-of-way (hereinafter the "Fifth Street Parcel") located within the City of Bremert.on as described on Exhibit 3. 4. Fifth Street Parcel Reservations, Restrictive Covenants and Miscellaneous Terms. 4.1 Reservations. The City hereby reserves unto itself and to private utility companies with existing utilities located within the Fifth Street Parcel described in Exhibit 3, including, but not limited to, Puget Sound Energy, Cascade Natural Gas, Qwest and any applicable cable company, (collectively "Utility") the following rights to the Fifth Street Parcel by the City. In the case of private utilities, access rights shall be governed by its right-of-way franchise or contract with the City or as otherwise provided by law: a. The right to operate, maintain, repair, replace and inspect all existing utilities over, under or within the Fifth Street Parcel at times and locations of its choosing as may be reasonably necessary to operate and maintain said utilities in a good working condition. To the extent practicable, the City will notify KT in advance of any planned access requirements; b. The right to install, operate, maintain, repair, replace and inspect additional utility lines within the Fifth Street Parcel so long as any new surface or above ground appurtenances do not interfere with KT's normal and reasonable use of the Fifth Street Parcel for transit-related purpose, provided, in the case of private utilities, the right of said utilities herein shall be as provided in its right-of-way franchise or contract with the City or as otherwise provided by law. CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF- WAY Page 3 of6 . . 200510060217 Page: 3 of 9 - -- --- ----- .. . lG/G6/2GIJ5 12:23P RONALD C TEMPLETON R~l $41J,eIJ Kits~p Co, WA , 4.2 Restrictive Covenants. KT shall not: a. Without the express written consent of the City, construct, erect or maintain any fences, buildings, walls or structures on or over the Fifth Street Parcel, excluding, however, curbing, pay telephones, benches, seating areas, transit shelters, trash receptacles, lighting, parking areas and directional signage or excavate a depth of2 feetbelow the hard surf ape ofthe parcel; or b. Damage, disrupt or interfere with the Utility's operation, use, maintenance of and access to, utilities within the Fifth Street Parcel. 4.3 Maintenance. KT shall maintain the surface of the Fifth Street Parcel. However, the Utility shall repair any surface damage to the Fifth Street Parcel caused by the operation, maintenance, repair, installation, construction, replacement or inspection of utilities within the Fifth Street Parcel, unless such damage was caused by KT. The City shall have no obligation to restore any improvements made by KT such as (without limitation) fencing, striping and signage, landscaping, walkways, curbing and lighting. Private utility companies shall be obligated to restore any improvements made by KT as required by its right-of-way franchise or contract with the City or as otherwise required by law. 4.4 City's Duties. The City shall restrict access to the Fifth Street Parcel to one-way "transit-only" traffic with appropriate signage. 5.C Miscellaneous. 5.1 Construction. The terms ofthis Agreement constitute running covenants, are perpetual and are binding on and inure to the benefit ofKT and the City and their respective successors and assigns. 5.2 Reversionary Interest. a. In the event KT or its successor in interest conveys its interest in the property abutting the Callow Parcel to a non- governmental third-party who, for a period of 2 years 1) does not use the abutting property for transit related purposes or 2) subsequently ceases to use the abutting property for transit-related purposes, the interest ofKT or successor in CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF- WAY Page 4 of6 I 200510060217 Page: 4 of 9 lG/06/2G05 12:23P RONALD C TEMPLETON R~j $40,OG Kitsap Co, WA . . interest in said parcel herein shall automatically revert to the City. b. If either the Fifth Street Parcel shall not be used for transit- related purposes for a period of2 years, the interest ofKT or its successor in interest in said parcel herein shall automatically revert to the City. 5.3 Indemnification. a. KT shall defend, indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from person or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of KT' s use of the Callow Parcel, and the Fifth Street Parcel, whether such injuries to person or damage to property is due to the negligence ofKT, its subcontractors, agents, successors or assigns, or from contamination from hazardous material and other pollutants caused by KT or its assigns, or from any claims from adjoining property owners claiming an interest in or right of access to or from the Callow Parcel or the Fifth Street Parcel. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or Injury. b. Conversely, the City shall defend, indemnify and hold harmless KT, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereofbecause of actions, claims or lawsuits for damages resulting from person or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the City's use of the Callow Parcel, and the Fifth Street Parcel, whether such injuries to person or damage to property is due CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF- WAY Page 5 of6 I I 'L__ I 200510060217 I _ I Page: S of 9 RONALD C TEMPLETON lS/S6/2SeS 12:23P RW $4G.ee Kitsap Co, WA . , ' to the negligence of the City, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent KT is judicially found solely negligent for such damage or injury. APPROVED AS TO FORM: / KlTSAP TRANSIT . CATHIE KNOX-BROWNING, Clerk of the Board ~AS TO FORM: , II'" 1/" . 'r '" · /1 200510060217 . (. , , " _I I . ,._/, P'ge' 6 01 8 NALD C. TEMPLETON, RONALD C TEMPLETON RU. I 1 ~/G6/2GG5 12 : 23P eneral Counsel . $"IG.GO Kltsap Co, WA R:\LEGAL\Files\Current Active Files\Kitsap Transit\ContractToUseCity-OwnedRights-Of- Way-FinaL doc CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF- WAY Page 6 of6 . , ' . EXHIBIT 1. Lots 15 through 35) Block 4; Charleston, according to the plat thereof, recorded in Volume 2, pages 16 and 17, records of Kit sap County, Washington; together with Lots! through 44, BJock9, Charleston, according to the plat thereof, rec01'dcd in Volume 2, pages 16 and 17; also together with that portiol1: of vacated Coontz Street and abutting alley as described hi Ordinance 4913, and recorded lmd(:,'1' Auditor's File No. 200501140237, as attaches per operatiol1 oflaw. . Except for that portion ofthe ahove described property lying uortherly of the southerly line of State Highway 304, per SR304 Higlnvay Plan. . . r I I 200510060217 I I Page: 7 of 9 .- . - . - -.. --III 19/86/2885 12:23P RONALD C TEMPLETON RW $4&.&& Kitsap Co, WA I . EXHIBIT 2 That portion of Callow Avenue shown in the plat of Charleston as recorded in Volume 2 of plats, Page 17, records of Kitsap County, Washington, situate in the northeast quarter of the northeast quarter of Section 22, Township 24 North, Range 1 East, Willamette Meridian, KitsapCounty, Washington, more particularly described as follows: Beginning at the southeast corner of Lot 27, Block 9 of said plat of Charleston, also being the westerly right of way of Callow Avenue; thence along the east line of said Lot 27 and the said~ westerly right of way, north 20 feet' to the true point of beginning; thence continuing north along said westerly right of way to the southeast corner of Lot 32, Block 4 of said plat of Charleston; thence leaving said westerly right of way, east 60 feet to the southwest corner of Lot 13, Block 5 of said plat of Charleston, also being the easterly right of way of Callow Avenue; thence south along said easterly right of way to a point which is east of the true point of beginning; thence leaving said easterly right of way, west 60 feet to the true point of beginning. Together with easements for the existing storm, sanitary and water utilities. =j~--~_ -- ..'_~______ .. .' l~'Li L-: i ..' !~J I ! i j/ilJ'--J ii' I-';-=-~-'~ ~~;:k:::~~:~-) 1[~~~~~'~~;~~:?i~~(51rf,~tt~~~!~~. ~--= ~- ! )'/ pW/~-_.._-'~~:"-:-:'~::~~.-'-'---;"'~:'~ "--..-- ! 'U!:0/ "<"",~~<~i_":~;-:~:,," .~~~~ ~.:..._' . "~.".," '1-- .~ I ;/<)' .."""""',:__~~~~:==-:' '. ~--: .~ ..;-. ~"_ '. "':>::::._ i . ~ J / '{.,.r" _nr /:'~?~f1r ~~5.....I _ ~'-::=:=-___ .... -. _. 'H1'CorF'.-l\'..c:" . : ---'-" - -00 --. ----:-.-::-::..... :. ,{ "/~f"r:::::t:5:':t..--':t.~~'Nn-.......(~{- ::--;" . ."'. --. - ~~"- """- ~---,.",-- '~ I, /" ',,.. - r- "- [~ ~~- _ ~- " , I I 'I . - - ..--~...;;;>~''''::.. --~ -- . N ..... LLI 07J77i7;/rmr, fTl ' >:~ '. ":. . ........ J.. 1- J'tlr~Jllp TR,""J';Ii' j" I - ~.. ~ ,:,,:.. .~...~". ..::....3..\-... A i II I 1~ 1 - ",:",_' \~.~~y..tJ:tl:1:J." 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J~I~~;~:'~~~~~~~A.~ ~~~A~tmpI.N'GONG"Ef'r ;//~' - -- ----- -- .--- --.,-.~. I I 200510060217 Page: 8 of 9 1G/~6;2GG5 12:23P RONALD C TEMPLETON RW $40,&;) Kitsap Co, WA . . ~ . --. . - EXHIBIT 3 That portion of the Fifth Street right-of-way lying bctweenthe East margin ofBruerl Avenue and the West margin of vacated Gorst Avenue in the City of Brernertol1, Kitsap COLllity, Washington.. Said area contains 12,600 sqnare feet. " 'I I -.--- .-.. . 200510060217 Pa~e: 9 of 9 lG/06/2005 12:23P RONALD C TEMPLETON R~l $4G.GS Kitsap Co! WA .