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3971
PUGET SOUND ENERGY
Transmission Line Use - Corrosion Control Facility
Engineering
LEG 12-1
0311711998
06/15/2011
Review date for tracking only
4~ENERPUGET
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CONSENT FOR USE OF PUGET SOUND ENERGY
TRANSMISSION LINE RIGHT-OF-WAY
This Agreement is made between Puget Sound Energy, 'PSE' herein, and City of Bremerton
"Owner/Company' herein:
PSE operates and maintains a transmission line within its right-of-way in the NE 28-24-1E, W.M. The
location and extent of PSE's easement dghts, 'Easement Area" herein, are more specifically described in
documents recorded under Auditor's File Numbers 9007130141 and 9112110026.
The Owner/Company desires the consent of PSE to utilize portions of the Easement Area for the
following described uses:
1. Install two ductile iron water mains
2. Install access road to new corrosion control and fluoridation facility.
As shown on the plans dated Jan. 1998, for the access road and on the plans dated Feb. 1998, for the
water line marked Exhibit 'A' attached hereto and made a part hereof.
As between the parties, it is mutually agreed that the Owner/Company may utilize the Easement Area for
the above described uses, subject to the following terms and conditions:
1. If such use of the Easemen~ Area should at any time become a hazard to the presently Installed
electrical facilities of PSE, or electrical facilities added or constructed in the future, or should such use
interfere with the construction, operation, inspection, maintenance or repair of the same or with PSE's
access along such Easement Area, the Owner/Company will be required to correct such hazard or
interference, at Owner/Company's expense.
2. No filling and/or grading within said easements shall be accomplished in such manner as to reduce
vertical distance between the ground surface and PSE's wires or jeopardize the lateral support of any
of PSE's poles or anchors, except as noted on attached Exhibit 'A'. No excavation w'rlt be permitted
within twenty-five (25) feet of said poles or anchors. Owner/Company must pay for any and all costs
related to changing the vertical line clearances in any way as a result of their uses.
3. A minimum dearenca of twenty (20) feet from all power lines must be observed in any activities
related to such uses, including the operation of equipment.
4. The system design will include provisions to mitigate the effects of induced and transferred potential
on the pipeline due to the operation of our facility to avoid exposure to dangerous voltages.
5. The City will not be providing a cathotic protection scheme to the water system. If, at a later time, a
driven or active system is installed, then the City must do a voltage profile on our anchors within fifty
(50) feet of the ductile iron pipe and evaluate potential affects. Installation and maintenance of a
protection system will be required If the voltage profile study confirms PSE's system needs protection.
6. Permanent markers or caps will be installed at each location where the 36 inch waterline main enters
and'exits the PSE corridor..
7. At no time shall the Easement Area be used for the storage of flammable or volatile matedal or the
placement of any buildings or any other structures, including, but not limited to, the following: Decks,
patios, and out buildings of any kind or nature.
8. At no time shall PSE's access to transmission line structures along the Easement Area be
permanently blocked off or unduly restricted. Fences constructed within the Easement Area shall
have removable sections and/or gates to facilitate vehicular access at any and all times. Landscaping
must not interfere with such access. Any const;-,~ction within the said Easement Area mum be
consistent with the above-mentioned restrictions.
9. Transmission and distribution lines have been or will be constructed, operated, and maintained within
the Easement Area. Said facilities may require tree and brush cutting within and adjacent to the
easement right-of-way. PSE retains the dght to cut, remove and dispose of any and all brush, trees,
and other vegetation presently existing upon the Easement Area. PSE shall also have the right to
control, on a continuing basis and by any prudent and reasonable means, the establishment and
growth of brush, trees and other vegetation upon the Easement Area which, in the opinion of PSE,
interfere with the exercise of PSE rights or create a hazard to PSE's systems.
10. PSE shall have the dght to cut, tdm, remove and dispose of any trees located on the Property
outside the Easement Area, which could, In PSE's sole Judgment, interfere with or create a hazard to
PaE's systems. P8E shall, pdor to the exemlse of such dghts, Identify such trees and make a
reasonable effort to give Owner/Company pdor notice that such trees will be cut, tdmmed, removed
or dlspoesd of (except that PSE shall have no obligation to Identify such trees or give
Owner/Company such prior notice when trees are cut, tdmmed, removed or otherwise disposed of in
response to emergency condltlons)~ Owner/Company shall be entitled to no compensation for trees
cut, tdmmed, removed or disposed of except for the actual market value of merchantable timber (if
any) cut and removed from the Property by PSE.
11. All shrubs and trees to be situated in the Easement Area must be of a Iow growing vadety which
normally do not exceed fifteen (15) feet in height at maturity.
12. The Owner/Company releases PSE and will assume all risk of loss, damage or injury, which may
result from such use of the Easement Area, except the portion of such loss, damage or injury caused
by or resulting from the negligence of PGE or PSE's agents or employees. Any damage to PSE's
facilities caused by or resulting from such use of the Easemer, t Area may be repaired by PSE and
the actual cost of such repair shall be charged against and paid by the Owner/Company. The
Owner/Company further agrees to defend, indemnify and hold harmless PGE, its agents and
employees from all loss, damage or injury to any parson whomscever to the extent such loss,
damage or injury results from the use of the Easement Area by the Owner/Company, their servants,
agents, employees and contractors.
13. PSE does not own the land within the Easement Area. If you are not the Owner of such lands, you
must acquire rights for such use from the landowner.
14. The Owner/Company must notify PSE's Kltssp Service Center at (360) 478-7606 at least 48 hours
prtor to the commencement of any and all construction acfivitles related to such uses and to
coordinate the Installation of protective berrlers around power poles.
15. The terms and conditions herein contained shall be binding upon the parties hereto, their respective
successors and assigns.
Approved: Agreed to and Accepted:
A~ to content eg~ form: Recor~Pnd ~r/~'~w 1:
'lFe~,,Attome~ ~e~,~'~,;~,~,,vd.4 W. Eugen~ Samp~ P.E.
C~ofBmme~on Director of Public Works and Utilities