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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
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, , \ . . 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
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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
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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,
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RONALD C TEMPLETON R~l
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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.
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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
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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
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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:
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KlTSAP TRANSIT
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CATHIE KNOX-BROWNING,
Clerk of the Board
~AS TO FORM: , II'" 1/" . 'r '" ·
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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
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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. . .
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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.
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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.
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