The URL can be used to link to this page

Home My WebLink About1026820 ROW SEWER INSTALLATION THIS AGREEMENT, dated the ~I$~ day of June, 1972, by and between STANDARD OIL COMPANY OF CALIFORNIA, a corporation, hereinafter called "Grsntor", and CITY OF BREMERTON, a municipal corporation of the State of Washington, hereinafter called "Grantee" , WITNESSETH: 1. Grantor, for and in consideration of the full and prompt performance of the things to be performed by Grantee as hereinafter set out and contained, hereby grants to Grantee, subject to termination as hereinafter provided and under the term.s, conditions, provisions hereinafter contained, a right of way and easement to lay, construct, maintain, operate, repair, renew and remove two (2) underground sewer lines and appurtenances thereto (hereinafter called "pipelines") in, under, along and across that certain real property (hereinafter called "said premises") situated, lying and being in the County of Kitsap, State of Washington, and more particularly described as follows: Beginning at the Northeast corner of Block One, Bayview Addition to the Town of Bremerton, Kitsap County, Washington, thence North 13°48'25'' East a distance of 69.93 feet to the TRUE POINT OF BE- GINNING; thence North 13°48'25" East a distance of 25.36 feet; thence North 38°05'28" West a distance of 75.10 feet; thence South 45°45'32'' West a distance of 20.12 feet; thence South 38°05'28'' East a distance of 88.60 feet to the True Point of Beginning. 2. In the event of an emergency such as fire, earthquake or other cause, wherein the presence of Grantee's facilities may constitute a hazard to Grantor's property and employees, Grantee agrees that Grantor may, after reasonable notice to Grantee, if in Grantor's opinion the situation warrants the giving of notice, other- wise without notice, at Grantee's expense and risk, take control of Grantee's faci- lities and do all things necessary for the safety of Grantor's property and employees. 3. Grantee and its employees and agents shall enter Grantor's property hereunder only after receiving permission to do so frem Grantor's representative in charge. 4. Motor driven equipment may be allowed on Grantor's property, but arrangements must be first c~pleted with Grantor's representative as to when and where said equipment shall be allowed on said property. 5. Grantee's employee and agents, while on Grantor's property, at all times shall be subject to the authority of Grantor's representative, and shall observe all safety and other regulations which Grantor may prescribe from time to time, including particularly that regulation which prohibits smoking on the premises and any of Grantor's requirements regarding identification of persons. 6. No open flame, or apparatus which could cause fire or explosion, shall be used by Grantee on said premises without first obtaining written permission of Grantor' s representative. 7. Grantee shall not interfere with or obstruct the use of said premises by Grantor, or injure or interfere with any person or property on or about said premises. 8o Grantee shall bury its pipelines so that they will pass beneath pre- viously laid pipelines which they may cross, and so that they will be at all points at least eighteen (18) inches below the surface of the ground, and shall promptly and properly back-fill ~1 ] excavations made by or for Grantee on said premises. Before any such excavations are made, Grantee shsll ascertain and plainly mark during all times that work is being performed the exact location of all pipelines or other facilities which may be below the surface of the ground or otherwise not plainly visible. Grantee hereby accepts sole responsibility for so doing and shall be solely liable for all loss~ damage, injury or death caused or contributed to by any lack of or improper marking. 9. Grantee at its sole risk and expense shall do all things necessary to assure that the facility which it constructs hereunder will not be damaged by, and hereby waives all claims for damage to said facility resulting from electro- lysis or similar action resulting from or connected with Grantor's operation of any existing or future cathodic protection system on or in the vicinity of said premises. lO. This grant of right of way is personal to Grantee and shall not be assigned or transferred by Grantee voluntarily, by operation of law, by merger or other corporate proceedings, or otherwise, in whole or in part, without the written consent of Grantor first being had. No written consent by Grantor hereunder shall be deamed a waiver by Grantor of any of the provisions hereof, except to the extent of such consent. ll. Upon the violation by Grantee of any of the terms and conditions set forth herein and the failure to remedy the same within thirty (30) days after written notice from Grantor so to do, then at the option of Grantor this agreement and the rights herein given Grantee shall forthwith terminate. 12. This agreement and the rights herein given Grantee shall terminate in the event that Grantee shall fail for a continuous period of one year to main- tain and operate said pipelines. lB. Upon the termination of the rights herein given, Grantee shall at its own risk and expense remove all pipe and any other property placed by or for Grantee upon said premises hereunder and restore said premises as nearly as possible to the same state and condition they were in prior to any construction of said pipelines, but if it should fail so to do within sixty (60) days after such termination, Grantor may so do at the risk of Grantee, and all cost and expense of such removal and the restoration of said premises as aforesaid, together with interest thereon at the rate of ten per cent per annum, shall be paid by Grantee upon demand; and in case of a suit to enforce or collect the same, Grantee agrees to pay Grantor in addition a reasonable attorney's fee to be fixed and allowed by the court. 14. Upon the termination of the rights herein given, Grantee shall execute and deliver to Grantor within thirty (30) days after service of a written demand therefore a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this agreement shall, after ten (lO) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination of the rights herein given. 15. Grantee shall and will pay, before the same become delinquent, all charges, taxes, rates and assessments upon or against said pipelines and any other property or improvements place by or for Grantee upon said premises hereunder, but Grantor may at all times after any delinquency pay and discharge all of such delinquent charges, taxes, rates and assessments after reasonable verification thereof, and all such payments so made by Grantor, with interest thereon at the rate of ten per cent per annum from date of paMment, shall be paid by Grantee upon demand. The amount of such payments and interest shal 1 be a charge and lien against all pipe and other property placed by or for Grantee on said premises, and in case of a suit after such demand to enforce or collect the seine, Grantee agrees to pay Grantor in addition thereto a reasonable attorney's fee to be fixed and allowed by the court. 16. Grantee agrees to indemnify, defend snd hold Grantor harmless from and against any loss, cost, damage, expense (including attorneys' fee) for damage to property (including Grsntor's property) or liability to any person (including Grantor's or Grantee's employees) for death, personal injury or damage to property (including Grantee's property) directly or indirectly caused in whole or in part by any negli- gence of Grantee, its employees or contractors, or by any acts for which Grantee or its contractors are liable without fault, or in any way arising out of Grantee's exercise of the rights herein granted. 17. Any notice provided herein to be given by Grantee to Grantor shall, until further notice by Grantor, be addressed to Grantor at P. O. Box 220, Seattle, Washington, 98111. Any notice provided herein to be given by Grantor to Grantee shall, until further notice by Grantee, be addressed to Grantee at ~$g- $ ~..~.. ~,/~. ~$3/o. All such notices shall be given by depositing the s~ne in tl~e United S{~tes mail, postage prepaid, and shall be deemed given when so deposited. 18. Grantee hereby recognizes Grantor's title and interest in and to said premises and agrees never to assail or resist Grantor's title or interest therein. 19. Except as otherwise provided herein, the terms and conditions of this agreemen~ shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 20. This grant is subject to ail valid and existing licenses, leases, grants, exceptions, reservations and conditions affecting said premises. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate. STANDARD OIL COMPANY OF CALIFO~IA Contract Agent By CITY OF BREMERTON ~u~ o~ PI~EEENATT. TITLE IN~. ~0., D. THEODORE ~RIGHT, 29F 2021 01m/rOll Standard Oil Company of California