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