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Home My WebLink About2019 PUGET SOUND ENERGY RETURN ADDRESS: Puget Sound Energy,Inc. Attn: ROW Department CEB 3130S. 38t"Stm*t Tacoma,VVA984O9 �� PU/��T��U�� /�Y ~��~ ^ ^~~^' SOUND �'^�'^~' EASEMENT REFERENCE#: GRANTOR(Owner): CITY OFBREK0ERTON GRANTEE(PSE): PVGET SOUND ENERGY, INC. SHORT LEGAL: GVV%GE%15-24N'U1E ASSESSOR'S PROPERTY TAX PARCEL: 152401-4-021-2007 For and in consideration of good and valuable consideration,the receipt and sufficiency of which are acknowledged, CITY OF BREMERTON,a Washington municipal corporation, ("Owner"herein), hereby grants and conveys to PUGET SOUND ENERGY,INC.,a Washington corporation("PSE"herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property(the ^Pmporty''herein)inK|T8AP County,Washington: RESULTANT PARCEL OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO.2OO511U90002.RECORDS VFK|TSAP COUNTY,VVA8H|NGTON. DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST HALF OF THE � SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST | QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF THE � SOUTHEAST QUARTER,SITUATE |N SECTION 15.TOWNSHIP 24 NORTH, RANGE 1 EAST. W.K0.. K|TSAP COUNTY, mV\GHiNGTON; EXCEPT THAT PORTION OF THE | SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER ! OF THE SOUTHEAST QUARTER CONVEYED TV THE STATE OFVVAQH|NGTON UNDER K|TGAP COUNTY AUDITOR FILE NO. 9607300048. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15'`THENCE NORTH 1°22'19''EAST G87O8 FEET ALONG . THE CENTER SECTION LINE TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER, SOUTHWEST QUARTER, SOUTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH UO"58'5''EAST 381.84 FEET TO THE NORTHWEST CORNER OFTHE EAST HALF OF SAID SOUTHWEST QUARTER AND THE TRUE POINT OFBEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, SOUTH VO°58'O5^ EAST 357.V7FEET; THENCE SOUTH 1^23'14''WEST 475�� F��T'.. THENCE NORTH 8805G'05' WEST 257.M1 FEET; THENCE NORTH 1*22'47" EAST 475.25 FEET TO THE TRUE POINT OFBEGINNING; ALSO EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EAST LINE DF SAID SOUTHWEST QUARTER OFTHE SOUTHEAST QUARTER TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY OFGTH STREET; THENCE CONTINUING ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT 1U.BLOCK 1OF THE PLAT OF FIRST ADDITION TOCHARLESnON. I AS RECORDED IN VOLUME 4 IN THE BOOK OF PLATS, PAGE 057, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE LEAVING SAID EAST LINE NORTH 76006'10"WEST 51.01 FEET;THENCE ON A CURVE TO THE RIGHT,THE CENTER OF WHICH BEARS NORTH 39043'43" WEST 45.00 FEET AN ARC DISTANCE OF 183.67 FEET;THENCE SOUTH 14°07'42"WEST 5.00 FEET;THENCE NORTH 65049'06"WEST 143.10 TO ITS INTERSECTION WITH A LINE PARALLEL TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND 200 FEET WESTERLY THEREOF; THENCE ALONG SAID PARALLEL LINE NORTH 1022'14" EAST 150.00 FEET TO THE SAID SOUTHERLY RIGHT OF WAY OF 6TH STREET;THENCE ALONG SAID SOUTHERLY RIGHT OF WAY TO THE TRUE POINT OF BEGINNING. E' Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area"herein)described as follows: AN EASEMENT AREA THAT IS TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S FACILITIES LOCATED AS CONSTRUCTED OR TO BE CONSTRUCTED OR EXTENDED, BEGINNING APPROXIMATELY AT THE INTERSCETION OF THE PROPERTIES GRAVEL ACCESS ROAD AND 1ST STREET, THEN NORTH LYING PRIMARILY ALONG THE WEST SIDE OF EXISTING ACCESS DRIVE TO THE EXISTING COMMUNICATIONS FACILITY, WITHIN THE ABOVE DESCRIBED PROPERTY AS GENERALLY DEPICTED ON THE ATTACHED EXHIBIT"A". 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend 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 and other support structures with crossarms, braces, guys and anchors; electric 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. 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. Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, 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. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees .will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber(if any)cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration obligations under this paragraph as soon as reasonably possible after the completion of PSE's work. OH UG Electric WO#105083211/RW-112790/Not.11493483 CITY OF BREMERTON Page 2 of 4 i 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. I 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE 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 be binding upon their respective successors and assigns. DATED this day of 20 { . OWNER: CITY OF BREMERTON BY: TITLE: STATE OF WASHINGTON ) ss COUNTY OF t ) i On this day of 'r t 2014, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared q (name), to me known to be the person who signed as (title), of CITY OF BREMERTON, a Washington municipal corporation, that executed'llie within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of CITY OF BREMERTON, for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said CITY OF BREMERTON. IN WITNESS WHEREOF Ihave hereunto set my hand and official seal the day and year first above written. A f)&(]� VY-) . � (Signatur f Notary) g (Print o tamp name of Notary) NOTARY PUBLIC in and fo the Staff f Washington, residing at % My Appointment Expires: A I i V Notary seal,text and all notations must not be placed within V margins OH UG Electdc WO#1050832111 RW-112790/Not.11493483 CITY OF BREMERTON Page 3 of 4 f I Exhibit "A" s M .. •� x� y � u Y � I w �d 4 M w i f �•1 ~w n � i .. jj e r MM j. M.r 14.k r ,ur f'� "Y'1 �° t• p��`w w ?V .--x 'W--• M r% M M da t M i p @({rs , 61 t pM b I tl M A'A 1 { F k Ihk - -., �d r u 1 t..r i o mdr m r'. •;� n ts �d" kr Vr M Y t 0 1 ( OH UG Electric WO#105083211/RW-112790/Not.11493483 CITY OF BREMERTON Page 4 of 4