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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