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HomeMy WebLinkAbout9506090031 AGREEMENT AND EASEMENT FOR ACCESS AND UTILITIES THIS AGREEMENT made this /~c~ dayof ,->--~.-~,,z~'~ , 19 ~'--, between PUGET SOUND POWER & LIGHT COMPANY, a Washington Corporation ("Puget" herein), and CITY OF BREMERTON ("Grantee" herein); WHEREAS, such land is presently owned and occupied by Puget in connection with Puget's electric utility operations, (or being hereafter referred to as "Puget's Property"); and described as follows: That portion of Block 6, Bayview Addition to the Town of Bremerton, recorded in Volume 2 of Plats, page 58, records of Kitsap County, Washington, described as follows: Tow~s~p .24 No,rth. Ranme 1 East, W.M. Beginning at the West quarter comer oTsa~o ~ec~on 1~ thence SOuth 88° 26'00" East along the East-West quarter section line 809.03 feet to the centerline of Pacific Avenue; thence North 0°56'13'' East along said centerline 561.30 feet to the centerline of 13th Street (Mill Street); thence South 88026'50" East along said centerline 204.56 feet; thence leaving said centerline run North 20029'34'. West 141.24 feet; thence North 53°13'46" East 38.07 feet to the Westerly margin of Highland Avenue as established by a certain Quit Claim Deed dated October 9, 1905, from L. A. Bender and Ellen Bender, and Arthur O'Belva, to the City of Bremerton, recorded in Volume 46 of Deeds, page 62, records of Kitsap County, Washington; thence North 21° 26'50" West along said Westerly margin 61.67 feet to the terminus of said margin; thence North 62°47'40" East along the Northerly terminus of said Highland Avenue 50.25 feet; thence North 21026'50'' West 90.06 feet; thence North 45°49'13'. East 190.55 feet; thence North 38°05'25" West 12.87 feet; thence South 63°33'10" West 211.46 feet; thence South 1°27'12', West 174.00 feet; thence South 36015'50'' East 76.62 to the True Point of Beginning; EXCEPT that portion deeded to City of Bremerton under Auditor's File No. 1049344. WHEREAS, Grantee desires an easement for access and utilities across Puget's Property at a location more specifically described herein below; NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the performance of Grantee of the covenants, terms and conditions hereinafter set forth, Puget hereby conveys and quitclaims to Grantee the following easement: A nonexclusive perpetual easement over, across, along, in, upon and under that portion of Puget's Property described above for the purposes of installing, constructing, operating, maintaining, removing, repairing, replacing a 6" sewer forced main and an access for ingress, egress to the City's parcel and utility easement, thereto (herein the "Improvements"). The terms "Easement" and "Easement Area" in this instrument refer to the easement herein granted on Puget's Property and as described on the attached Exhibit "A". This easement is granted for the benefit of and shall be appurtenant to the below- described parcel, and the rights and obligations of the Grantee herein shall be a covenant running title to said parcel, being specifically described as follows: That portion of Block 6, Bayview Addition to the Town of Bremerton, recorded in Volume 2 of Plats, page 58, records of Kitsap County, Washington, described as follows: Beginning at the West quarter corner of said Section 13; thence South 88° 26'00" East along the East-West quarter section line 809.03 feet to the centerline of Pacific Avenue; thence North 0°56'13'. East along said centerline 561.30 feet to the centerline of 13th Street (Mill Street); thence South 88026'50'. East along said centerline 204.56 feet; thence leaving said centerline run North 20029'34.. West 141.24 feet to the point of beginning; thence North 53013'46" East 38.07 feet to the Westerly margin of Highland Avenue as established by a certain Quit Claim Deed dated October 9, 1905, from L. A. Bender and Ellen Bender, and Arthur O'Belva, to the City of Bremerton, recorded in Volume 46 of Deeds, page 62, records of Kitsap County, Washington; thence North 21° 26'50" West along said WesteHy margin 61.67 feet to the terminus of said margin; thence North 62°47'40" East along the Northerly terminus of said Highland Avenue 50.25 feet; thence North 21026'50'' West 90.06 feet; thence North 45°49'13.. East 30 feet to the True Point of Beginning; thence continuing North 45°49'13" East 160.55 feet to the Inner Harbor line; thence North 38° 05'25" West 12.87 feet; thence South 63°33'10" West 170 feet, more or less, to a point which bears North 44°10'47" West of the True Point of Beginning; thence South 44°10°47" East 64 feet, more or less, to the True Point of Beginning. This Easement is granted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. 1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction and maintenance of the Improvements. 2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the Improvements in accordance with the requirements of Puget, the National Electric Safety Code and any statute, order, rule or regulation of any Public authority having jurisdiction. 3. Use of the Property by Puget. Grantee's rights herein shall at all times be subordinate to such rights of Puget as are necessary to preserve and maintain the capabilities of Puget's Property to be used for electric utility and other purposes, and nothing herein contained shall prevent or preclude Puget from undertaking construction, installation and use of any electric utility facilities or other facilities within Puget's Property. Puget shall not be liable to Grantee or to Grantee's employees, agents, or to any other party benefiting from said Improvements, for loss or injury resulting from any damage or destruction of the Improvements directly or indirectly caused by Puget's existing or future use of Puget's Property. 4. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation, alteration, replacement or removal of the Improvements or any other major activity by Grantee on Puget's Property, Grantee shall give Puget written notice thereof together with preliminary plans and specifications for the same at lease six (6) months prior to the scheduled commencement of such activity. Puget shall have the right to require that such plans and specifications be modified, revised or otherwise changed to the extent that the final plans and specifications therefor shall include provisions for the protection of Puget's facilities, the prevention of hazardous conditions and minimum interruption to Puget's Utility operations. No such activity shall be commenced without Puget's prior written approval of the plans and specifications therefor and all changes or amendments hereto, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, in the event of any emergency requiring immediate action by Grantee for protection of the Improvements, persons or property, Grantee may take such action upon such notice to Puget as is reasonable under the circumstances. Nothing herein shall be deemed to impose any duty or obligation on Puget to determine the adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain whether Grantee's construction is in conformance with the plans and specifications approved by Puget. 5. As-Built Survey. Upon Puget's request, Grantee shall promptly provide Puget with as-built drawings and survey showing the location and elevations of the Improvements on Puget's Property. 6. Grantee's Use and Activities. Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible, interference with the use by Puget of its Property for electric utility or other purposes and shall at all times conduct its activities on the Easement Area so as not to interfere with, obstruct or endanger Puget's operations or facilities. Grantee shall install the Improvements and conduct any other of its substantial activities on Puget's property as may be communicated to Grantee by Puget for the purpose of protecting Puget's facilities, preventing hazardous conditions and minimizing interruptions to Puget's utility operations. 7. Coordination of Activities. Grantee shall give at lease 30 days advance written notice of the proposed dates of its construction, repair and maintenance activities on Puget's Property to Puget's Bremerton Division Office (presently headquartered at 1300 Sylvan Way, Bremerton, Washington), or such other division office of Puget as Puget may from time to time designate. Grantee shall cooperate in the revision of such dates and/or the coordination of its activities with those of Puget's if deemed necessary by Puget to minimize conflicts, insure protection to each parties facilities, prevent hazardous conditions, or minimize interruption of Puget's operations. Provided, however, that in the event of an emergency requiring immediate action by Grantee for the protection of its Improvements or other persons or property, Grantee may take such action upon such notice to Puget as is reasonable under the circumstances. 8. Work Standards. All work to be performed by Grantee on Puget's Property shall be designed and constructed so as to withstand the consequences of any short circuit of any of Puget's electric facilities now or hereafter installed on the Property. All work to be performed by Grantee on Puget's Property shall also be in accordance with the plans and specifications submitted to and approved by Puget and shall be completed in a careful and workmanlike manner to Puget's satisfaction, free of claims or liens; however, nothing herein shall be deemed to impose a duty or obligation on Puget with respect to the sufficiency thereof. Without limitation to the foregoing, Grantee shall exercise the utmost caution when conducting its activities in the vicinity of any of Puget's energized power lines in order to prevent any contact therewith. Upon completion of such work Grantee shall remove all debris and restore the ground surface as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monuments which were disturbed or destroyed during construction. Grantee shall also pay to Puget all of Puget's costs necessary to re-establish destroyed survey references and hubs established by Puget in conjunction with any survey for new facilities on Puget's Property. 9. Changes and Repairs to Puget's Facilities. Grantee shall promptly pay to Puget the cost of any relocation, alteration, restoration and other changes or repairs to Puget's facilities which Puget shall reasonably deem necessary by reason of the construction, use and maintenance of the Improvements or other activities of Grantee on Puget's Property. Without limitation to the foregoing, Grantee shall promptly pay to Puget the cost of temporary raising of wires and the realignment or strengthening of power poles or towers made necessary by Grantee's activities pursuant to this Agreement. If Puget so requests, Grantee shall provide assurance of payment satisfactory to Puget prior to Puget's commencement of such work. Puget shall accomplish such changes or repairs, subject to the availability of labor and materials. For the purpose of this paragraph, "cost" shall be defined as all direct or assignable costs of materials, labor and services including overhead, in accordance with charges for transportation of men, material, and equipment, storage expense of material and rental of equipment. 10. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable and continuous access along Puget's Property in all directions, and in such fashion as to accommodate and support vehicular travel over and across the Improvements, including travel by cranes and trucks with heavy loads. Grantee shall at all times keep Puget's Property free and clear of all obstructions and equipment. If requested by Puget, the Grantee shall make provisions for continued access by Puget along Puget's Property during construction of the Improvements. 11. Inspectors. Puget shall appoint one or several Puget representatives who shall serve as inspectors to oversee all work to be performed by Grantee on Puget's Property. Grantee shall not carry on any work unless it has given such notice to Puget as may be reasonable in the circumstances so as to allow for the presence of such inspector or inspectors. Grantee and Grantee's contractors shall promptly and fully comply with all orders and directions of Puget's inspectors, including without limitation, cessation of work, and Grantee's construction contracts shall so provide. Grantee shall promptly pay Puget's charge for such inspectors. 12. Conflict with Future Installations of Puget. In the event that it should become necessary for Puget to install additional electric utility facilities or otherwise use Puget's Property and if, in the sole judgment of Puget, the location, existence and use of the Improvements interferes with such installation or use to the extent that it is impracticable or substantially more expensive to accomplish such installation or use, or that such installation or use may pose a hazard because of the location, existence or use of the Improvements, Grantee shall have the obligation to either, in Grantee's sole discretion, (a) protect, modify or relocate the Improvements at the cost and expense of Grantee, so as to remove the interference or hazard to Puget's satisfaction, or (b) to reimburse Puget for its added costs of design, construction and installation to avoid such interference or hazard. In the event Puget intends to undertake any such construction, Puget shall give Grantee reasonable advance written notice of such intention together with preliminary plans and specifications for such work, identifying the potential interference or hazard and all design information relating thereto. In no event shall such notice and plans be required to be given more than six months prior to the schedule commencement of work. Within one month after receiving such notice from Puget, Grantee shall give written notice to Puget by which notice Grantee will elect to (a) protect, modify or relocate the Improvements, or (b) reimburse Puget for its said added costs. If the Grantee elects to protect, modify or relocate the Improvements it shall commence work promptly and diligently prosecute such work to completion prior t the scheduled date of commencement of Puget's construction. If Grantee elects to pay Puget's added costs, Grantee shall give Puget satisfactory assurance of payment of such costs at the time such notice of election is given. If Grantee does not so elect one of the above-described options by giving Puget the required notice, Puget shall be entitled to make such an election on behalf of Grantee, Grantee agrees that this election shall be binding upon Grantee and have the same effect as if made by Grantee. If Puget so elects option (a) described herein of if Grantee elects option (a) and fails to commence and prosecute its work as contemplated herein, Puget may, at its option, undertake such work on behalf of Grantee as Puget deems necessary pursuant to option (a) and Grantee shall promptly pay Puget for all costs incurred by Puget in performing such work. Puget's costs reimbursable under this paragraph are defined as in Paragraph 9 herein. 13. Termination for Breach. In the event Grantee breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default, within ninety (90) days of Puget's giving Grantee written notice thereof, or within such other period of time as may be reasonable in the circumstances, Puget may terminate Grantee's rights under this Agreement in addition to and not in limitation of any other remedy of Puget at law or in equity, and the failure of Puget to exercise such right at any time shall not waive Puget's right to terminate for any future breach or default. 14. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements for a period of five (5) successive years, this Agreement and all Grantee's rights hereunder shall terminate and revert to Puget. 15. Release if Improvements on Termination. No termination of this Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation and liability to remove the Improvements from Puget's Property and restore the ground. 16. Removal of Improvements on Termination. Upon any termination of this Agreement, Grantee shall promptly remove from the Easement Area its Improvements and restore the ground to the condition now existing or, in the alternative, take such other mutually agreeable measures to minimize the impact of the Improvements on Puget's Property. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to Puget. In case of failure of Grantee to so remove its Improvements, restore the ground or take such other mutually agreed upon measures, Puget may, after reasonable notice to Grantee, remove Grantee's Improvements, restore the ground or take such measures at the expense of Grantee, and Puget shall not be liable therefor. 17. Third Party Rights. Puget reserves all rights with respect to its property including, without limitation, the right to grant easements, licenses and permits to others subject to the rights granted in this Agreement. The easement herein granted is subject to all permits; licenses; leases and easements, recorded or unrecorded; if any, heretofore granted by Puget's on Puget's property. 18. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harmless Puget from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Puget in defense thereof, asserted or adsing directly or indirectly on account of or out of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and contractors in the exemise of the rights granted herein, or (2) acts and omissions of Puget in its use of Puget's Property which affect Grantee's employees, agents, contractors, and other par~ies benefiting from said Improvements; provided, however, this paragraph does not purport to indemnify Puget against liability for damages adsing out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Puget or Puget's agents or employees. 19. Insurance. Prior to Grantee's construction activities or other substantial activities on Puget's Property under the rights provided herein, Grantee shall submit to Puget evidence that Grantee or Grantee's contractors has obtained comprehensive general liability coverage naming Puget as an additional insured (including broad form contractual liability coverage) satisfactory to Puget with limits no less than the following: Bodily Injury Liability, including $2,000,000 automobile bodily injury liability each occurrence Property Damage Liability, including $2,000,000 automobile property damage liability each occurrence Employer's Liability (Stop Gap) $2,000,000 each occurrence Said evidence shall be submitted on Puget's Certificate of Insurance standard form (which form Puget shall provide upon request. Said coverage shall be maintained by Grantee or Grantee's contractors during the period when such activities take place. 20. Taxes and Assessments. Grantee shall promptly pay or reimburse Puget for any taxes and/or assessments levied as a result of this Agreement or relating to the Grantee's improvements constructed pursuant to this Agreement. 21. Title. The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Puget affecting the property subject to this Agreement, Puget does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 22. Notices. Unless otherwise provided herein, notices required to be in writing under this Agreement shall be given as follows: If to Puget: Puget Sound Power & Light Company Real Estate Department 1300 Sylvan Way Bremerton, WA 98310 If to Grantee: City of Bremerton Public Works Department 239 4th Street Bremerton, WA 98310 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 23. Successors, The dghts and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 24. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee anM its assignees shall be joint and several. EXECUTED as of the date hereinabove set forth. ACCEPTED CITY OF BREMERTON PUGET SOUND POWER & LIGHT COMPANY lan Silevers, City Attorney STATE OF WASHINGTON ) ) couN oP KI.G OP this /~c-//~day of ~ ~t/~. , 19 ?J~, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ARNOLD J. TOMAC, to me known to be the person who signed as Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute said instrument and that the seal affixed, if any, is the corporate sealj~f said corporation. GIVEN under my hand and official seal hereto affixed the[da~ ar~ y~ar in this certificate first above written. Notary Public in and forTrm--State of Washington, residing at ,~-~ ~'~ My commission expires: STATE OF WASHINGTON ) ) COUNTY OF KITSAP ) On this //~ ~ da~/jof ~, 19 9.3- , before me, the undersigned Notary Public, personally apPeared /'~z~-~'..~ JV~'~'z>~) , to me known to be the person authorized by-~lt~e ClTY-O~ BREMERTON to execute the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of the City of Bremerlon, for the uses and purposes therein mentioned, and on oath stated that~d~ is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Pul~i.o'i~ an(J fo'~t~e State o~Washington, residing at My commission expires: .5'--/_5-- ~,~ EXHIBIT "A" Access Easement described as follows: A 20 foot strip being 10 feet on each side of that certain centerline lying within Block 6, Bayview Addition to the Town of Bremerton, recorded in Volume 2 of Plats, page 58, records of Kitsap County, Washington, described as follows: Beginning at the West quarter corner of said Section 13; thence South 88° 26'00" East along the East-West quarter section line 809.03 feet to the centerline of Pacific Avenue; thence North 0°45'13.. East along said centerline 561.30 feet to the centerline of 13th Street (Mill Street); thence South 88026'50'' East along said centerline 204.56 feet; thence leaving said centerline run North 20029'34'. West 141.24 feet; thence North 53013'46.. East 38.07 feet to the Westerly margin of Highland Avenue as established by a certain Quit Claim Deed dated October 9, 1905, from L. A. Bender and Ellen Bender and Arthur O'Belva to the City of Bremerton, recorded in Volume 46 of Deeds, page 62, records of Kitsap County, Washington; thence North 21° 26'50" West along said Westerly margin 61.67 feet to the terminus of said margin; thence North 62047'40.. East along the Northerly terminus of said Highland Avenue 32.125 feet to a point called "A" for purposes of this description; thence continuing North 62°47'40'' East 18.125 feet; thence North 21026'50'' West 90.06 feet; thence North 45°49'13.' East 30 feet; thence North 44010'47.' West 15 feet to the beginning of the herein described centerline; thence South 45°49'13'' West 33.06 feet, more or less, to a point which bears North 16°18'18" West 104.97 feet from said point "A"; thence South 16°18'18'' East 104.97 feet to point "A" and the terminus of said centerline. SANITARY SEWER FORCE MAIN EASEMENT DESCRIBED AS FOLLOWS: A 10-foot strip being 5 feet on each side of the centerline of a 6" diameter sanitary sewer force main lying within Block 6, Bayview Addition to the Town of Bremerton, recorded in Volume 2 of Plats, Page 58, records of Kitsap County, Washington, said centerline being more particularly described as follows: Beginning at the West quarter corner of said Section 13; thence S 88-26'00" E along the East West quarter section line 809.03 feet to the centerline of Pacific Avenue; thence N 0'45'13. E along said centerline 561.30 feet to the centerline of 13th Street (Mill Street); thence S 88'26'50" E along said centerline 204.56 feet; thence leaving said centerline run N 20"29~34t~ W 141.24 feet; thence N 53'13'46" E 38.07 feet to the westerly margin of Highland Avenue as established by a certain Quit Claim Deed dated October 9, 1905, from L.A. Bender and Ellen Bender and Arthur O'Belya to the city of bremerton, recorded in Volume 46 of Deeds, Page 62, records of Kitsap County, Washington; thence N 21'26'50" W along said westerly margin 61.67 feet to the terminus of said margin; thence N 62'47'40~ E along the northerly terminus of said Highland Avenue 32.125 feet to a point called "A" for purposes of this description; thence continuing N 62'47'40" E 18.125 feet; thence N 21'26'50" W 90.06 feet; thence N 45°49'13" E 30 feet; thence N 44'10'47" W 30 feet to the beginning of the herein described centerline; thence S 13'53'13" W 53.96 feet, more or less; thence S 16°18'18'' E 88 feet, more or less to the northerly terminus of said Highland Avenue and the terminus of said centerline; thence N 62'47'40" E 5 feet to point "A" July 6, 1995 City of Bremerton Public Works Department 3027 Olympus Drive Bremerton, Washington 98310 Attention: Mr. Tim Richards RE: City of Bremerton Warren AVenue Basin CSO Reduction Project Dear Tim: Enclosed is your copy of the Agreement and Easement for the parcel owned by Puget Power on Highland Avenue. _~.ank you for your assistance in this matter. s c ely ~ud~ ~.\ Sleasman /Real~/Estate Agent Puget Sound Power& Light Company 1300 Sylvan Way PO Box 2189 Bremerton, WA 98310 (206) 377-3931