HomeMy WebLinkAbout3106
Contract Number: 3106
Vendor:
NATURAL RESOURCES - DEPT OF (WA STATE)
Subject:
Easement - 2nd St/WW Improvement C-17
Department:
Engineering
Eile Class:
LEG -16-3
Begin Date:
08/01/1988
End Date:
Review Date:
06/15/2010
Vault Date:
Comments:
#51-049596
Review date for tracking only
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Brian J. Boyle
Commissioner of Public Lands
Olympia, Washington 98504
Agreement No. 51-049596
THIS AGREEMENT, made and entered into this 1st day of August 1988, by and between
THE CITY OF BREMERTON, herein called the "Grantee," and the STATE OF WASHINGTON, acting by
and through the Department of Natural Resources, herein called the "State," WITNESSETH:
The State, for and in consideration of the terms and conditions specified herein,
hereby grants and conveys to the Grantee, its successors and assigns, an easement for
right-of-way for the construction, operation, use and maintenance of an underground sewer
pipeline upon, over and across the following described lands in Kitsap County, Washington,
to wit:
A portion of land lying seaward of the inner harbor line of Washington Narrows as of
record in State Land Commissioner's Office at Olympia, Washington, varying in width, in
Section 24 and Section 13; all in Township 24 North, Range 1 East, W.M., and lying
southeasterly of Block 2 and Block 3 and within a projection of the northerly and
southerly margin lines of Second Street as platted in the Town of Bremerton, according to
the plat recorded in Volume 2 of Plats, page 30, in Kitsap County, Washington, more
particularly described as follows:
Beginning at a point on said harbor line and the northerly lease line of
Harbor Area Lease No. 22-002310, from which Angle Point Number 3 bears South 25' 21' 08"
West 121.80 feet; thence along said harbor line North 25° 21' 08" East 176.00 feet to a
point on said southerly margin; thence along said harbor line North 25° 21~ 08" East 60.01
feet to a point on said projected northerly margin; thence along said harbor line
North 25° 21~ 08" East 74.88 feet; thence South 16' 56~ 29" West 75.89 feet to a point on
said projected northerly marqin; thence along said projection South 63° 38~ 08" East 43.9!
feet; thence parallel with said harbor iine South 25° 21~ 08" West 60.01 feet to saio
projected southerly mar§in; thence along said projection North 63° 28~ 08" West 37.66
feet; thence South 15° 32' 01" West 86.71 feet; thence South 44° 48~ 59" West 95.67 feet
to a point on said lease line; thence along said lease line North 74° 51' 12" West 0.25
feet to the Point of Beginning; containing 7,292 square feet, more or less, with bearings
based on Washington State Coordinate System, North Zone.
Consideration
The consideration paid by the Grantee to the State is as follows: $-0-.
Assiqnment
This Agreement, or any of the rights granted herein, shall not be assigned without
prior written consent of the State, except that said rights granted herein may be used by
any employee, contractor, or representative of the Grantee, hereinafter collectively
referred to as "Permittee," while engaged in the Grantee's operations.
Term
The term of this Agreement shall be for the period this easement is used for the
purposes specified herein; provided said tract shall automatically revert to the State, or
its successors and assigns, within sixty (60) days of receipt of a notice from the
Grantee, or its assigns, that the easement over the said tract of land is no longer being
used for the purposes specified herein. Upon request, said notice given by the Grantee,
or its assigns, will be in the form of a recordable instrument. The Grantee, or its
assigns, may, at its election, remove any salvageable material from said tract within
sixty (60) days after such notice of nonuse has been given to the State or its assigns.
Forfeiture
In the event that any portion of the right-of-way hereinbefore described is not used
by the Grantee, its successors or assigns, for the purpose for which it was granted,
within a construction phase period of five (5) years, the rights of the Grantee within
said portion of the right-of-way shall revert to the State, its successors or assigns; and
said portion of the right-of-way shall be freed from the easement as fully and completely
as if this Agreement had not been entered into; provided, however, an extension of
construction phase time as specified above may be granted upon written request prior to
the expiration date of said five (5) year period and upon the terms and conditions as
specified by the State. Such terms and conditions shall be limited to the State's right
to extend the construction phase period and modify the considerations due the State which
shall include, but not be limited to, additional charges for administrative costs and
appreciation of land and valuable material.
Construction phase period used herein shall mean the period of time from the
effective date of the Agreement to the date of actual use of this facility as contemplated
by this Agreement.
Removal of Improvements and Equipment
All improvements, buildings, fixtures and other property erected or permanently
affixed upon State lands by the Grantee during the term of said easement, which remain
upon said land sixty (60) days from the termination or abandonment of said easement, shall
become the property of the State and be considered as part of the land upon which they are
located; provided, however, that any time within sixty (60) days after the termination or
abandonment of said easement, the Grantee shall be entitled to remove such of said
improvements as can be removed without damage to said lands.
All tools, equipment and other property not permanently affixed upon the land by the
Grantee during the term of said easement sh~ll remain the property of the Grantee but
shall be removed within sixty (60) days after termination or abandonment of said easement.
Reservations to the Statp
The State reserves for itself, its successors and assigns, the right at all times
for any purpose, to cross and recross at any place on grade or otherwise, and to use said
rights-of-way in a manner that will not unreasonably interfere with the rights granted
herein.
The State reserves to itself, its successors and assiqns, the right to develop.
~.m~,~, ..... and utilize' the land and natural resources thereon,~ within the limits of the'~
right-of-way granted herein, insofar as such reservations are compatible with the
Grantee's operation and insofar as such action will not interfere with the rights of the
Grantee.
The State may grant to third parties, upon such terms as it chooses, any or all of
the rights reserved by it herein; provided that use by such third party shall be subject
to the terms and conditions of this easement and shall not unreasonably interfere with the
rights granted hereunder.
Compliance with Laws and Requlation~
The Grantee shall comply with all applicable laws to the extent that it can legally
do so, including all Department of Natural Resources regulations, county and municipal
laws, ordinances, or regulations in effect and authorized by law or laws of the state of
Washington.
The Grantee shall cause its Permittee to comply with those requirements and
conditions set forth hereinafter which are applicable to the Permittee~s operation.
51-049596
Damaqe and Protection from DamaqP
The Grantee, when using the rights granted herein, shall repair or cause to be
repaired, at its sole cost and expense, all damage to improvements on State land
occasioned by it, which is in excess of that which it would cause through normal and
prudent use of such rights.
The Grantee's operations hereunder shall be conducted in such a way as to minimize
damage to the Harbor Area hereinbefore described.
The Grantee shall exercise every necessary means to prevent contamination or
pollution of the water as a result of any operation hereunder.
All essential care shall be taken by the Grantee to prevent fuel, oil, grease or
other deleterious material from entering the water as a result of any operation on the
right-of-way area. Refuse resulting from use, servicing, repair or abandonment of
equipment shall be removed, buried or otherwise disposed.
All legal land subdivision survey corners and witness objects are to be preserved.
If such are destroyed or disturbed, the Grantee shall re-establish them by a registered
professional engineer or licensed land surveyor in accordance with U.S. General Land
Office standards at his own expense. Corners and/or witness objects that must necessarily
be disturbed or destroyed in process of construction must be adequately referenced and/or
replaced in accordance with all applicable laws of the state of Washington in force at the
time of construction, reconstruction, or development of the right-of-way including but not
limited to Chapter 58.24 RCW, and all Department of Natural Resources rules and
regulations pertaining to preservation of such corners and/or witness objects. Such
references must be approved by the State prior to removal of said corners and/or witness
objects.
Condition of Premises and Liability
The premises have been inspected by the Grantee and are accepted in their present
condition. The Grantee agrees to defend and hold the State, its agents and employees
harmless from any and all claims, costs, damages or expenses of any nature whatsoever
suffered or alleged to be suffered on the premises or arising out of its operations on the
premises.
The Grantee shall mark the location of said buried pipeline with painted metal posts
and signs placed at the approximate beginning and termination points of the right-of-way.
Said signs shall identify the installation as a buried pipeline and shall designate
ownership of the installation.
Response to an Emerqency
Nothing contained herein shall prevent the Grantee from responding to an emergency
relating to the facilities on the right-of-way.
Notice of Noncompliance
The State shall notify the Grantee by United States mail, addressed to the address
shown on the application for this easement on file in the Office of the Commissioner of
Public Lands in Olympia, Washington, of any instance of noncompliance by the Grantee, its
employees, permittee, contractors or subcontractors with any of the terms and conditions
hereof. Such notice will specifically identify the manner of noncompliance herewith.
51-049596
3
In the event the Grantee does not undertake, or cause to be undertaken, remedial
action within fifteen (15) days following receipt of said notice, the State, acting by and
through its Division Manager at Olympia, Washington, may suspend the Grantee's operations
until such time as effective remedial action is taken.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
below subscribed.
Dated this _~S'~j2~ day of ~j , 19~
K
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
BRIAN j. ~E, Commissioner
Signed this day of , 19
CITY OF BREMERTON
~4~aj~Fr, City of Bremerton , Title
Olympus Drive
Bremerton, WA 98310
CERTIFICATE OF ACKNOWLEDGMENT
BRIAN J. BOYLE
STATE OF WASHINGTON)
County of ~)~)~I ss.
I certify that I know or have satisfactory evidence that ~7~.
BRIAN j. BOYLE
signed this instrument, and oath stated that he was authorized to execute the instrument
and acknowledged it as the Deputy Supervisor of the Department of Natural Resources, to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Notary Public in and for the state of
Washington
{seai or stamp) My appointment expires
CS01 049596.051
51-049596