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HomeMy WebLinkAbout9610160084 CITY OF BREMERTON 214 6TH STREET BREMERTON, WA 98310 / / KITSAP COUNTY $8.00 CASH FILED-BY: PUGET SOlIN!} POWER & UGH! CO OCT t6, 1996, 9:48 AM HAREN FL VNN, AUDITOR CLERK: FRrnlAN A.F..: 961.0160084 REEL 0930 FR 3451 QUIT CLAIM DEED . . - I :: I' Filed for Record at Request of THE GRANTOR, PUGET SOUND POWER & LIGHT COMPANY, a Washington Corporation, for and in consideration ofTen and No/100 Dollars ($10.00) and other good and valuable consideration conveys and quit claims to CITY OF BREMERTON, a Washington municipal corporation the following described real estate, situated in the County of Kit sap, State of Washington: ~ f- uJ UJ o ?:~ :zz ::lO ,0 i=- ()~ -<:t(/) (/)~ .\- ct ):::; Z:~1- Portion of Lot 4, Tract 4, Warren Smith's Acre Tracts, as per plat recorded in Volume 2 of plats on Page 51, records of Kitap County, Wa. described as follows: Beginning at a point where the South line of Lot 4 Tract 4, Warren Smith's Acre Tracts intersects the West line of Elizabeth Avenue in the City of Bremerton; thence West 136.805 feet; thence North to the Meander Line; thence Southeasterly along the Meander Line to the intersection with the West margin of Elizabeth Avenue; thence South along the West margin of Elizabeth A venue to Point of Beginning. Situate in Section 14, Township 24 North, Range 1 East, W.M, Kitsap County, Washington. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed on this d4'JJ:i dayof ~\~Lr ,1996. PUGET SOUND POWER & LIGHT C By: STATE OF WASHINGTON ) ) SS COUNTYOF ~,"'~ ) On this day personally appeared before me ARNOLD J. TOMAC, to me known to be the DIRECTOR REAL ESTATE & FACILITIES ofPUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged the 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 authorized to execute the said instrument. "..,;JJlVEN under my hand and official seal this .?<.f I!i. day of .,,~~,.., 19<16 . ,\~. ...... ....~ . ... . .'. ~.'/ I.':c~'- 1:' "-. ( "-c . ..,,<.",..' _ " 1/~-' ~f\ ~'r =:, ::., \";1'1(.'" C",'" c, : (,\ \)., U ~ll~ ': .:: {,:, WI: ~ ,..1'" Ptll-~\t :~: .., "'-\"', \l .t.... : l~: ., ""7 '.. 1-1.J"':'~ / I':; :" )>A....:,.., ...' "(> ,'~ " .~." ~.~ \,... . ',.'1" "I AS\\ ,/", ""'"' "..", Notary Pub\" in and for the State of Washington Residing at 7VQ \o.lowl(~t+ My commission expires: ~-IS;-rY AGREEMENT fmSAP COUNTY $9. 00 CASH FILED-BY: PUGET SOUND POWER '1 'IGi;T ... ocr 16, 1996, 9:50 AM KAREN rLYNN, AUDITOR -:\ This Agreement is made this ;(I.o '-- day of .".-::;;., \fel.N\~ 1996, by and between Puget Sound Power & Light Company, a Washington corporation ("Puget") and the City ofBremerton, a Washington municipal corporation ("City"). RECITALS CLERK: FREEMAN A.F.#: 9610160086 A. Puget has donated to the City of Bremerton, for public, use certain real property ("Property") more particularly described as follows: 6: ='! ~a: w ~ X '-w W :=la: ~ c... 0:::> .,.-,,1 UCf.) .-- Cl..i1j t(' -< C'", (.:), \,:J CC t:: t-' 4 :..:: ~~ L~ REEL 0930 FR 3454 Portion of Lot 4, Tract 4, Warren Smith's Acre Tracts, as per plat recorded in Volume 2 of plats on Page 51, records of Kitsap County, W A. described as follows: Beginning at a point where the South line of Lot 4 Tract 4, Warren Smith's Acre Tracts intersects the West line of Elizabeth Avenue in the City of Bremerton; thence West 136.805 feet; thence North to the Meander Line; thence Southeasterly along the Meander Line to the intersection with the West margin of Elizabeth Avenue; thence South along the West margin of Elizabeth Avenue to Point of Beginning. Situate in Section 14, Township 24 North, Range 1 East, W.M., Kitsap County, Washington. B. Puget retained a 100 foot wide easement over the Property for its existing and future overhead and/or underground transmission and/or distribution facilities ("Improvements") under Kitsap County recording number q (p J 0 I ~OO 8S . C. As consideration for the donation of the Property the City has agreed to the following conditions. NOW THEREFORE, the City and the successors and assigns to the Property: I. Covenants not to directly or indirectly in any form or manner, oppose, inhibit, prevent or otherwise impair future Improvements on the Property (this covenant includes, but is not limited to an obligation not to protest, oppose, contest or appeal any approvals, licenses or permits now or hereafter sought by Puget from any governmental authority with jurisdiction for the Improvements), and; 2. Waives, quits, releases and forever surrenders and discharges any claims, allegations or rights of any kind or character to challenge the existing or future development of the (2) Improvements so long as Puget is in compliance with any substantive and procedural statute, regulation, ordinance or other law in connection with such development. EXECUTED the day and year first written above CITY OF BREMERTON, a municipal corporation By c4--- 4. d Its: 71tit.y rh STATE OF WASHINGTON) )SS COUNTY OF ) Onthis Ols~A. dayof...J.I~~~AJ ,19 94> ' before me the undersigned, a notary public in and for the State of Washington, duly commissioned and sw m, personally appeared i1, r /Y>.J -'4, ~I~~. r/,h'>~) )J:l., me known to be the of;t~:(!./ '> L..u4i"""p,(7;,.,uthe Muni . al orporation that executed the foregoing ins m and acknowledged the same to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that 4A 2 / is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year in this certificate above written. I.t:'''''''''/''" .",1 \.. I ", .'~_'\., -:./; ..... ,I,v' .' '. \<:- ". i...'- ..' ;'~101t..', """':. , .....' ... f' . --p- ;v.' t~'t-\Cj tJ1f-{ ~_', ":. d- ; j t ...~d; ~ ~ .-;. ~ . .",. ,A, .f'" u. ::::. .V'." :/1),'" . -.' . ....... .. ..t ",'. -., "'::::.1 "'. V".... .....: ~ .. '?l tI... ~,); ,"~ ' .., ,. ''-''',0 .....,... ,"\,)"" "." P t....:.,\\ \' 0......... . ..~,~.:..\'" Print Nam Notary Public in and r. the State of Washington, /) Residing at (){ 1A .1",.,....,.1 A rIrYl ) My commission expires S- /5- 9R ~~i.: 961.0160086 0930 FR 3455 EASEMENT For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, City of Bremerton ("Granto~' herein), hereby conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ("Grantee" herein), for the purposes hereinafter set forth, a perpetual easement over, under, along, across and through the following described real property (the "Properly" herein) in KITSAP COUNTY, Washington. Portion of Lot 4, Tract 4, Warren Smith's Acre Tracts, as per plat recorded in Volume 2 of plats on Page 51, records of Kitap County, Wa. described as follows: Beginning at a point whre the South line of Lot 4 Tract 4, Warren Smithis Acre Tracts intersects the West line of Elizabeth Avenue in the City of Bremerton, thence West 136.805 feet; thence North tothe Meander Line; thence Southeasterly along the Meander Line to the Intersection with the West margin of Elizabeth Avenue; thence Soth along the West margin of Elizabeth Avenue to Point of Beginning. Situate in Section 14, Township 24 North, Range 1 East, W.M, Kltsap County, Washington. Except as may be oth8IWIse set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Easement Area" herein) described as follows: An Easement Area _100_ feet in width having _ 50_ feet of such width on each side of a centerline described as follows: The centerline of said easement area being 25 feet Westerly of the existing facilities as now located within the above described parcel. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, relllove, enlarge and use one or more electric transmission and/or distribution systems over and/or under the Easement Area, together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: a. Overhead facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable, communication and signal lines; transformers. b. Underground facilities. Underground conduns, cables, vau~s, manholes, swnches and transformers; semi-buried or ground mounted facilities such as pads, transformers and switches; fiber optic cable, communication and signal lines. Following the initial construction of all or a portion of ns systems, Grantee may, from time to time, construct such additional facilnies as it may require for its systems. 2. Access. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall repair or reasonably compensate Grantor for any damage to the Property, including damage to roads, crops, driveways and fences caused by the exercise of such right of access. 3. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees and other vegetation presently existing upon the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of bush, trees and other vegetation upon the Easement Area which could, in the opinion of Grantee, interfere with the exercise of Grantee's rights herein or create a hazard to Grantee's systems. 4. Trees Outside Easement Area. Grantee shall have the right to cut, trim, remove and dispose of any trees located on the Property outside the Easement Area which could, in Grantee's sole judgment, interfere with or create a hazard to Grantee's systems. Grantee shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give Grantor prior notice that such trees will be cut, trimmed, removed or disposed of (except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are cut, trimmed, removed or otherwise disposed of in response to emergency conditions). Grantor shall be entitled to no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of merchantable limber (if any) cut and removed from the Property by Grantee. 5. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building, structure or other object on the Easement Area, and Grantor ShBII do no blasting wnhin 300 feet of Grantee's systems without Granteels prior written consent. 6. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 14-24-1E 788.32 6-89 Transmission 7. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successiva years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor, provided, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 8. Successors and Assigns. Grantee shall have the right to assign, a portion or otherwisa transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. W~hout Iim~ing the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. Dated this \ t) --n-- day of "3,.= ~..~ ~ , 19:th... ATTEST: BY .J\....~-A'<...-.- GRANTOR: City of Bremerton ~C.S). 04-(j- BY ~ .;J. 7L/- STATE OF WASHINGTON SS COUNTY OF On this \o\l~ day of ~ ~"'~~ , 19.5.L, before me the undersi9ned, a notary public in and for the State of Was ington, duly commissioned and sworn, personally appeared \..,..~~~ \'=sL~ to me known to be the ~.IC"' of City of Bremerton, the Municipal Corporation that executed the foregoing instrument and acknowledged the same to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that -::::,""" is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year in this certificate above written. (7~/j,J~'S' ~/Y>A\t Notary Pu 0n for e State of ashington, Residing at ..( , ./YY"I1.A -I-..,.,..,n) My commission expires .?=- /;:;-- 9 P STATE OF WASHINGTON SS COUNTY OF On this day personally appeared before me and , to me known to be the and , respectively, of the corporation that executed the foregoing instrument, and acknowledged the 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 they authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal this day of 19 Notary Public in and for the State of Washington, Residing at My commission expires =- ,:'ne'p r'll','T" , ,,1! ,..1M ~.ll}';!) $9. 00 CAS;' FILED',P,Y: PUGET SOUND PO~!ER " .ISHT CO EASEMENTOCT 16, 1'196, 9:48 AM For and in consideration of One Doiiar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, City of Bremerton ("Grantor" herein), hereby conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ("Grantee" herein), for the purposes hereinafter set forth, a perpetual easement over, under, along, across and through the foiiowing described real property (the "Property" herein) in KITSAP COUNTY, Washington. Portion of Lot 4, Tract 4, Warren Smith's Acre Tracts, as per plat recorded in Volume 2 of plats on Page 51, records of Kitap County, Wa. described as follows: Beginning at a point whre the South line of Lot 4 Tract 4, Warren Smithis Acre Tracts intersects the West line of Elizabeth Avenue in the City of Bremerton, thence West 136.805 feet; thence North tothe Meander Line; thence Southeasterly along the Meander Line to the intersection with the West margin of Elizabeth Avenue; thence Soth along the West margin of Elizabeth Avenue to Point of Beginning, Situate in Section 14, Township 24 North, Range 1 East, W.M, Kitsap County, Washington. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (lhe "Easement Area" herein) described as follows: An Easement Area _100_ feet in width having _ 50_ feet of such width on each side of a centerline described as foiiows: The centerline of said easement area being 25 feet Westerly of the existing facilities as now located within the above described parcel. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge and use one or more electric transmission and/or distribution systems over and/or under the Easement Area, 10gether w~h aii necessary or convenient appurtenances thereto, which may include but are not limited to the foiiowing: a. Overhead facilities. Poles and/or towers with crossarms, braces, guys and anchors: electric transmission and distribution lines: fiber optic cable, communication and signal lines: transformers. b. Underground facilities. Underground conduits, cables, vaults, manholes, switches and transformers: semi-buried or ground mounted facilities such as pads, transformers and switches; fiber optic cable, communication and signal lines. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for its systems. 2. Access. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rig hIs hereunder. Grantee shall repair or reasonably compensale Grantor for any damage to the Property, including damage to roads, crops, driveways and fenoes caused by the exercise of such right of access. 3. Easement Area Clearing and Maintenance. Grantee shaii have the right to cut, remove and dispose of any and all brush, trees and other vegetalion presently existing upon the Easement Area. Grantee shall also have the right to controi, on a continuing basis and by any prudent and reasonable means, the establishment and growth of bush, trees and other vegetation upon the Easement AreB which couid, in the opinion of Grantee, interfere with the exercise of Grantee's rights herein or create a hazard to Grantee's syslems. 4. Trees Outside Easement Area. Grantee shall have the right to cut, trim, remove and dispose of any trees located on the Property outside the Easement Area which could, in Grantee's sole judgment, interfere with or create a hazard to Grantee's systems. Grantee shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give Grantor prior notice thet such trees wiii be cut, trimmed, removed or disposed of (except that Grantee shaii have no obligalion to identify such trees or give Grantor such prior notice when trees are cut, trimmed, removed or otherwise disposed of in response to emergency conditions). Grantor shall be entitled to no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of merchantable timber (if any) cut and removed from the Property by Grantee. 5. Grantor's Use of Easement Area. Grantor reserves lhe right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building, structure or other object on the Easement Area, and Grantor shaii do no blasting within 300 feet of Grantee's systems without Grantee's prior written consent. 6. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shaii require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 14-24-1E EXCISE TAX EXEMPT KAREN FLYNN, AUDITOR CLERK: FREEMAN A.F._: 961.0160085 ~~L 0930 FR 3452 OCT 16 1996 788.32 6-89 Transmission KITSAP COUNTY TREASURER 7, Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor, provided, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area wilhin any period of time from the date hereof 8. Successors and Assigns. Grantee shall have lhe right to assign, a portion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under lhis easement. Withoullimiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. Dated this \ D \ ~ day of <;=:~ "\~~ ,19':.(h.. ATTEST: BY --\...~"'-,,~ ~ LIJ. . · d- GRANTOR: City of Bremerton BY ~- .,1. 7L!- STATE OF WASHINGTON A.F..: 9610160085 REEL 0930 FR 3453 SS COUNTY OF On this \""~ day of ~>N~~'- ,19 3.L, before me the undersi9ned, a notary public in and for the State of Was ington, duly commissioned and sworn, personally appeared .~........, \""'=-~ to me known to be the ~ of City of Bremerton, the Municipal Corporation that executed the foregoing instrument and acknowledged the same to be the free and voiuntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, (It'1fn'1ili'th'~ that -:S'<-.a is authorized to execute the said instrument. ,. ~ ,_. t ";ti,"".. :, q- Witness n1y-"'and and official seal hereto affixed the day and year in this certificate above written. l ,/ _,\QU' " ' ". S .:. ~'_. "'. '~,' (' .J L. ~ c ~ -\.' ;. p : -..; J.IS , . ;./"v'J A j i . ::. :;:E Notary puit'tjn fo~tate of ~ashington, . :>'. ;)UO\.\I;",,.' ;'! Residing at A '/>oov'>1.A -rft-.r,) "., '//' o. \.J ~..,,~ ." ',',' . <'.0".............:.\/ Mycommissionexpires .?-/6-9P '. r.- \'/ ~ or ,\ \ :\,..' "J .,\ .." STATE OF WASHINGTON SS COUNTY OF On this day personally appeared before me and , to me known to be the and , respectively, of the corporation that executed the foregoing instrument, and acknowledged the 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 they authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and officiai seal this day of 19 Notary Public in and for the State of Washington, Residing at My commission expires CNG317 RIGHT OF WAY CONTRACT WHEN RECORDED RETURN TO: CASCADE NATURAL GAS CORPORATION 222 FAIRVIEW A VENUE NORTH SEATTLE, WASHINGTON 98109 ATTENTION: Marilyn Bostock City: County : State: E.R. No.: Bremerton Kitsap WashingIon 1070-107.51156 I The undersigned PUGET SOUND POWER AND LIGHT, (hereinafter referred to as the "Grantor"), for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to CASCADE NATURAL GAS CORPORATION, a Washington corporation (hereinafter referred to as the "Grantee"), a permanent nonexclusive easement burdening the following described property of the Grantor, located in the: County of Kitsap State of Washington Prooertv DesuiDtion: " A portion of Lot 4 of Block 4 of SMITHS WARREN ACRE TRACTS, Kitsap County, Washington. Easement Location: 20 feet in width, located as shown on the attached Exhibit "A". The Grantee is granted the right to construct, install, operate, maintain, protect, improve, repair, and abandon in place a natural gas pipeline or pipelines under, over, through, and across the above described property. The Grantee is further granted an easement for the nonexclusive right of access to and from said property for the purposes of utilizing the rights herein granted. The term "pipeline" includes gas lines, services, machinery, equipment, and facilitias related to the operation or maintenance of said gas lines. The Grantor agrees not to impair or interfere with the full use and enjoyment by the Grantee of the rights herein granted. Without limiting the generality of the foregoing, the Grantor shall not arect any structure within the easement area, or conduct or permit any activities which may impair or interfere with the rights herein granted. The Grantee agraes to hold the Grantor harmlass from any loss, cost. or damaga resulting from tha Grantae's negligence in connection with the operation or maintenanca of any pipelines installed under or over the easement premisas and the Grantor shall hold the Grantee harmless from any loss, cost, or damage caused by the Grantor, its agents, invitees, or Iicenseas. Grantor agrees to cooperate with GrBntee to obtain all nacessary permits, licenses and governmental action so that Grantee may enjoy the full use and benefit of this right-of.way contract. This easement shall be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. 1996. In witness whereof, the undersigned have executed this easement the _ day of PUGET SOUND POWER AND LIGHT By: Title: CORPORATE ACKNOWLEDGMENT State of Washington ) ) ss. County of King ) On this day of A.D. 1996, before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn personally appeared to me known to be the of PUGET POWER AND LIGHT, the corporation that executed the foregoing instrument, and acknowledged the 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 they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. (Print Name) Notary Public for residing at: My appointment expires: AGENDA BILL BREMERTON CITY COUNCIL L. SUBJECT: PUGET POWER PARK--APPROVAL OF LONG TERM-LISENCE FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: February 21, 1996 P~T~Q ~ ~g~~A~~inn .Tim ~p~n('~r J TnrQ.,.-im Directo: Fphrll~ry R I 1 QQ'; 2. CLEARANCES: (comment on back i! ~n cessary) Parks ~___ City Clerk. v~ Fiscal & Budget Oity Attorney Operations Po1ice J. EXHIBITS: Puget Power Lease Agreement r ENDORSEMENT ~ f~FORMA~ION MAYOR ~ JJ . J/.. /..... . 4. SU~.ARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: APPROVED BY COUNCIL P. COUNCIL PRESIDENT biT FOR SUB~TTAL: ~~ In April of 1994, Mayor Horton contacted Puget Power about joint use of their property which is located at the North end of Elizabeth Street under the Warren Ave. Bridge. This is a beautiful piece of waterfront property with both mountain and water views. This lease agreement allows the City an opportunity to create a passive park, that will offer citizens the opportunity to picnic, fish, and enjoy a spectacular Olympic mountain view. 8. R:=:COMMENDATION: That the City Council authorize and direct the Mayor to sign the Lease Agreement with . Puget Power for the establishment of this park. 9. RESPONSIBLE OFFICIAL: Jim Spencer. Interim Dir. DlFORC!XENT OFFICIAL: Jim Spencer. Interim Dir. EX2IRATION DATE: February 28. 1996 R.."'VI:E:W DATE: PULLED COt"NCI'L TABLED 1.0. NOTICE ~CTION APPROV!:D _ DISAPPROVED _ DATE: AMENDED _ Dr~E:CTr~: S\"'<- ~~ C'-, ~ ~~\O.........." ~~ Q\'~, ... ~ 3.6 -033 11. AG!:mA BILL NO: ~- 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: If the lease is not signed, it will be" nullified by Puget Power and the property will not be converted into a park. 6. IMPACT ON STAFFING. BUDGETS, FACILITT~S. EOUIPMENT OR OTHSR RESOURCES: Impact on staffing, budget, and equipment will be minimal. We anticipate labor to include clean-up, path stabilization, and installation of two picnic tables, a bench, and garbage containers. These items are currently in our inventory. We recognize the need for this park to be low maintenance and not become labor intensive. The only additional cost during this fiscal year would be appropriate park signage. 7. RESEARCH SOURCES: N/A -. ... AGENDA BILL BREMERTON CITY COUNCIL L. SUBJECT: PUGET POWER PARK--APPROVAL OF LONG TERM-LISENCE FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: February 21, 1996 P~T~Q ~ R~~To~r~nn .Tim ~pt:lon",:lr Tnror-fm Directo Fphrll~ry A J 1 QQh 2. 3. EXHIBITS: Parks Puget Power Lease Agreement ?i' ENDORSEMENT.1- .xlJ'FORMA~ION MAYOR +JJ, 7:L1-... . 4. S~~Y STATEMENT AND REOUIRRMENT FOR COUNCIL ACTION: APPROVED BY COUNCIL P. COUNCIL PRESIDENT biT FOR SUBl;UTTAL: ~~ In April of 1994, Mayor Horton contacted Puget Power about joint use of their property which is located at the North end of Elizabeth Street under the Warren Ave. Bridge. This is a beautiful piece of waterfront property with both mountain and water views. This lease agreement allows the City an opportunity to create a passive park, that will offer citizens the opportunity to picnic, fish, and enjoy a spectacular Olympic mountain view. 8. R~COMMENTIATION: That the City Council authorize and direct the Mayor to sign the Lease Agreement with , Puget Power for the establishment of this park. 9. RESPONSIBLE OFFICIAL: Jim Spencer. Interim Dir. DFOR~ OFFICIAL: Jim Spencer. Interim Dir. EXPIRATION DATE: February 28. 1996 R..~EW DATE: PULLED _ TABUD COu"NCIL DIR~CTI~: S~~\ el.) . ~ b''-':\ \,) \.L> .. " ~O. NOTICE ~C'r:rON APPROVED _ DISAPPROV!:D _ DATE: AMENDED _ ~~ Q\"~, ~ ~ 11. AGDlDA SILL No:36 --033 ~.. 2. CLE~RANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: If the lease is not signed, it will be. nullified by Puget Power and the property will not be converted into a park. 6. IMPACT ON STA?FING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: Impact on staffing, budget, and equipment will be minimal. We anticipate labor to include clean-up, path stabilization, and installation of two picnic tables, a bench, and garbage containers. These items are currently in our inventory. We recognize the need for this park to be low maintenance and not become labor intensive. The only additional cost during this fiscal year would be appropriate park signage. 7. RESEARCH SO~C~S: -. N/A ". t1 PLEASE TYPE OR PRINT PLEASE SEE REVERSE () This lilnn is yoor receipt when stamped by cashier. REAL ESTATE EXCISE TAX AFFIDAVIT Fonn No. 84 000lA CHAPTER 82.45 RCW - CHAPTER 458-61 WAC For Use at CouD~ Treasurer's Office (Use Form No. 84-0001B ror Reporting Transfers of Controlling Inte_ of IlIIIity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AllJWl 1-7 ARE FULLY COIIIPLIlTED Name CITY OF BREMERTON .. PUGET SOUND POWER & LIGHT CO. Name ~ ~ SUCCI \:l Cily 411 108TH AVENUE N.E. BELLEVUE S~re WA Zip 98004 ADDRESS 10 SEND ALL PROPEIm' TAX RELATED CORRESPONDENCE Name SAME AS GRANTEE Streel . Ii 239 4TH STREET BREMERTON SUCCt City ALL TAX PARCEL NUMBERS 3804-004-004-0000 City/S~re Zip II LEGAL DESCRIPTION OF PROPERTY SITUATED IN Xl UNINCORPORATED KTTSAP COUNTY D OR IN CITY O~REMERTON Street Address (if property is improved): SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. YES NO . Is this property currently: Classified or designated as forest land? Chaprer 84.33 RCW Classified as current use land (open space, farm D and agricultural, or timber)? Chaprer 84.34 RCW Exempt from property ~x as a nonprofil orgarnzation? Chapter 84.36 RCW Seller's Exempt Reg. No. _ _ _ _ _ - _ __ Receiving special valuation as historic D property under'l Chaprer 84.25 RCW Properly Type: 0 land only o land with previously used building o timber only D Dl D Dl Dl [Jl o land with new building o land with mobile home o building only o Apt. (4 + unit) o agricultural o residential o commercial/industrial Principal Use: o timber o other II (I) NanCE OF CONTINUANCE (RCW 84.33 or RCW 84.34) If the new owner(s) of land that is classified or designated as current use or forest land wish to continue the classification or designation of such land, the new owner(s) must sign below. If the new owner(s) do not desire to continue such classifICation or designation, all compensating or additional tax calculated pu......tto RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller or transferor at the time of sale. The county assessor must detennine if the land transferred qualifies to continue classification or designalion and must so indicate below. Signatures do not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the compensating taxes will be applied. All new owners must sign. This land 0 does 0 does not qualify for continuance. Date DEPUTY ASSESSOR (2) NOTICE 01' COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation as historic property wish to conlinue this special valuation the new owner(s) DUlSt sign below. If the new oWner(s) do not desire to continue such special valuation. all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE II Description of tangible personal property jf included in sale (furniture, appliances, etc.) If exemption claimed, list WAC number and explanation. WAC No. (See/Suh) WAC 458-61-410 Explanation GIFT TO MUNICIPAL CORPORATION 1Ype of Document QUIT CLAIM DEED Dare of Document JULY 24. 199 6 -0- -0- -0- -0- -u- -0- -0- -0- -0- Gross Sale Price $ Penona1 Property (deduct) $ Taxable Sale Price $ Excise Tax S~re $ Local $ Delinquent Inrerest: State $ Local $ Delinquent Penalty: State $ Total Due $ THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE . I certify under W1shington Signature of ~r/Agent Name (prinl) Date & Pia f Signing /24/96 BREMERTON, WA Signature of ~_ . of _/ L Grantee/Agent ~ ",. H-o Name (print) CITY OF BREMERTON Date & Place of Signing 71.11'11' ~f.-/ Jk r the laws of the state of d rrect. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a slate correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5000.00) or by both imprisonment and fine (RCW 9A.20.020 (IC)). ' , FOR TREASURER'S USE ONLY FORM REV 84 OOOIA (12-93) (PD 12-17-93) COUNTY TREASURER v v EXHIBIT "A" Portion of Lot 4, Tract 4, Warren Smith's Acre Tracts, as per plat recorded in Volume 2 of plats on Page 51, records of Kitsap County, WA. described as follows: Beginning at a point where the South line of Lot 4 Tract 4, Warren Smith's Acre Tracts intersects the West line of Elizabeth Avenue in the City of Bremerton; thence West 136.805 feet; thence North to the Meander Line; thence Southeasterly along the Meander Line to the intersection with the West margin of Elizabeth Avenue; thence South along the West margin of Elizabeth Avenue to Point of Beginning. Situate in Section 14, Township 24 North, Range 1 East, W.M., Kitsap County, Washington. FORM REV 84 QOOIA Instr (12.93) (PD 12-17-93) r REAL ESTATE EXCISE TAXr . SUPPLEMENTAL STATEMENT (WAC 45Ul.l5O) This form must be submitted with the Real Estate Excise Tax Affidavit (FORM REV 840001A) for claims of tax exemption as provided below. Completion of this form is required for the types of real property transfers listed in numbers 1-5 below. Only the first white page of this form needs original signatures. A notary's signature is only required for Items 3 and 5. AUDIT: The transfer referred to on this document is subject to audit by the Department of Revenue under RCW 82.45.150. PERJURY: Peljury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a tine in an amount fixed by the court of not more than five thousand dollars ($5,0??.oo), or by both imprisonment and fine (ReW 9A.20.020 GC)). We, the grantor(s) and/or grantee(s) of the real property described on the Real Estate Excise Thx Affidavit to which this statement is attached, do hereby swear under penalty of peljury that the following is lIUe (check appropriate statement): 1. D DATE OF SALE: (WAC 458-61-()90) I, (print name) certify that the (type of insllUment), dated was delivered to me in escrow by (seller's name). NOTE: Attorney, escrow agent, tide company agent, or tide insurance company agent named here must sign below and indicate name of firm. No notary is required. The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the insllUment. If it is past 90 days, interest and penalties apply to the date of the insllUment. GIFI'S (WAC 458-61-410) One of the following must be checked. (NOTE: For gifts, both Grantor and Grantee must sign below. No notary is required.) OCI A. NO DEBT. Grantor gifts property which has no underlying debt. The transfer is without consideration and/or love and affection is the only consideration. See Example 1 on reverse. D B. THERE IS DEBT, BUT GRANTOR CONTINUES TO MAKE PAYMENTS. Grantor gifts property to grantee and wilI continue to malee all payments on debt of $ (please state total debt). Grantee wilI not be malcing any payments on the debt for which the grantor is liable. The transfer is without consideration and/or love and affection is the only consideration. See example 3 on reverse. D C. OTHER GIFI' TRANSFERS. Grantor gifts the equity portion of the value of the property to the grantee. Grantee will make payments toward the debt of $ (please state total debt) for which the grantor is liable. In addition, Grantee will pay the Grantor $ The transaction is taxable to the total of any consideration, including debt. Love and affection is not taxable. See examples 2, 4, and 5 on reverse. 3. D INCORPORATOR: (WAC 458-61-375 (2G)). I, (print name) , am acquiring the subject property on behalf of (print corporation name) . Such corporation is currendy being formed. NOTE: Grantee must sign below. Signature must be notarized. 4. D IRS "TAX DEFERRED" EXCHANGE: (WAC 458-61-480) I, (Print name) Facilitator in transferring real property to and in accordance with WAC 458-61-480. NOTE: 2. certify that I am acting as an Exchange pursuant to IRC Section 1031, Exchange Facilitator must sign below. No notary is required. 5. D NOMINEE: (WAC 458-61-550) I, (print name) , am acquiring the subject real property as nominee on behalf of (print name of third party principal) . NOTE: Grantee and principal must sign below. Both signatures must be notarized. This statement must be attached to the Real Estate Tax Affidavit for transfer from nominee to principal. Escrow AgenllAttprney!1ltle.Company Agenll1lde Insurance Co y Agent (Indicate name of firm) ( Grantor! S NOTARY: Required only for Incorporator (Item 3) or Nominee (Item 5). Subscribed and sworn to me this PUGET GranteelPrlnclpal/lncorporator Sjgnatures: ~ xl "fI,.1.-. CITY OF BREMERTON DistributIon: Separate the copies of this fonn and attach to the Real Estate EXCIse Tax Affidavit as follows: 1) WHITE - Attach to County Treasurer's original 2) CANARY - Attach to Dept. of Reveoue's copy 3) PINK - Attach to County Assessor's copy 4) GOLD - Attach to Taxpayer's copy FORM REV 84 0002-1 (1-94) (PD 3.28.94) <1>....." day of Signature , 19 , Notary Public Print Name in and for the state of residing at ~ ..,." .".. "., , "";.' ,",.' . '. "'. '__'.' "f'." _.......".~....: "" ;.")':. '.0.- ~. ........... .,.: ....'. .. - ',.,:' " . . - .' .<~,...,,'-" .:_;-~- .,' ." .... ..' .. .. . '. '. ADMINISTRATIVE SERVICES .~~N MCCUiSKEY, DlRECfOR ", '., -:', ..... ,...,'-.-:.\;....-.-....' '\.' -.; ;., , ;'1-: Go/cuIIy to flIe 0IY"'J'ics IIIld H.....o{flIe Pup So""" N_ Sltipyllrd September 'Z7. 1996 Judy Sleasman puget Sound Power and Ught Company P. O. Box 2189 Bremerton, Washington 98310 Dear Judy: Enclosed are the signed Agreement and Excise Tax Affldavit.The City's tax 10 number Is 91- 6001231. Sincerely, ~...~~(O Kathleen L. McCluskey, Director Administrative Services KLM:ch enclosure 2394TIl STREET . BREMERTON, WA 98337 . (360) 478-5290 . FAX (360) 478-5200 A"f4...Jo"ortllJlity~ . , . ~+ ~. ~ September 24, 1996 Kathy McCluskey City ofBremerton 239 4th Street Bremerton, WA 98337 Dear Kathy: Enclosed is the original ofthe Agreement, which was Exhibit "c" in the document and the Excise Tax Affidavit. I need to have the original signed instead of the Exhibit on the Agreement and the Affidavit needs signature also before I can record. Also the City will need to provide their tax ill number for document processing. Once I have these items, everything will go for recording and be finalized. I hope this does not create too much of an inconvenience. Please call if you have any questions. Sincerely, l, (J -:;JjrPJ,Jl~ Judy A. easman V Real Estate Agent Enclosure Puget Sound Power & Light Co. P. O. Box 2189 Bremerton, W A 98310 ADMINISTRATIVE SERVICES . KATHLEEN McCLUSKEY, DIRECTOR ,;.OJ G1ltu.ay Ie th< 0Iyrnpics III1Id H..... ofth< ""sa So""" NcaolShipyord September 12, 1996 Judy Sleasman puget Sound Power & Ught Company 1300 Sylvan Way Bremerton, Washington 98310 Dear Ms. Sleasman: Enclosed Is the fully executed and notarized Easement. Please return a copy of the recorded document to my attention. Also we would appreciate receMng the original of the Quit Claim l?eed after recording. Thanks for aU your assistance In moving this project forward. Sincerely, ---L .....~.. _ Ka~n L McCluskey, Director Administrative Services KLM:ch enclosure cc: Jim Spencer 239 4TIi STREET . BREMERTON, WA 98337 . (360) 478-5290 . FAX (360) 478-5200 h c."UIIl Opparhmily ~ Letter to Judy Sleasman PSP&L Enclosed is the fully executed and notarized Easement. Please return a copy of the recorded document to my attention. Also we would appreciate receiving the original of the Quit Claim Deed after recording. Thanks for all your assistance in moving this project forward. Sincerely, KLM cc Jim Spencer . CASCADE NATURAL GAS CORPORATION 222 FAJRVIEW AVENUE NORTH, SEATTLE, WASHINGTON 98109-5312 (206) 624.3900 FACSIMILE (206) 624.7215 ~w-. ~~ ~ "\.....)~ '-'- ~~~ ~ (' . ~-\ '\0 ~C~ Q~ .~ ~e~ O\..V-. b. () " Q. ~---- ~ ~.~ June 19, 1996 0\ ~.. ~~. \~ "'\ llo \4 ~ 1) L_ ~-~.:- \ ,,/ .~; JUN 'l l' 1996 ',i.:", Puget Power P.O. Box 97034 OBC-UN Bellevue, Washington 98005-9234 Attn: Dave Yasuda ~ ),-",-\''') Dear Mr. y"isuda: ~ Re: Natural Gas Easement in Bremerton Cascade Natural Gas Corporation is in the process of relocating some of its distribution system in Kitsap County. Cascade proposes to run North within the right of way of Elizabeth Avenue, and then across Puget's parcel adjacent to the Port Washington Narrows to access the Bridge. Cascade will need an easement to cross the Puget Power parcel. I have enclosed a diagram of the proposal and our standard easement form for your approval. Typically Cascade orders a title report for its easement parcels and after your approval we will refine the legal description for the parcel. I will be in touch with you to further discuss our plans. Sincerely, CASCADE NATURAL GAS CORPORATION ~ &;tL Marilyn Bostock Right-of-Way Agent MB Enclosure PUCET POWER May 30, 1996 Ms. Kathy McCluskey City of Bremerton 286 Fourth Street Bremerton, WA 98310 RE: Elizabeth Avenue Property (aka South Tower Site, Bremerton #2 Line) Section 14, Township 24 North, Range 1 East, W.M. Dear Kathy: Enclosed are three (3) copies of a proposed letter agreement concerning the above noted property for the City of Bremerton's review. If the proposed agreement is acceptable, please return two (2) executed copies to this office in the enclosed self-addressed envelope. Upon receipt of the signed agreement, we will be in a position to recommend approval and acceptance by Puget Power. If you or anyone with the City have any questions on this matter, please feel free to contact me at 478-7606. sman state Department JSIWB/kb Enclosures Puget Sound Power & Light Company PO. Box 97034 Bellevue, WA 98009-9734 (206) 454-6363 - ADMINISTRATIVE SERVICES . KATHLEEN McCLUSKEY, DIRECfOR February 22, 1996 Puget Sound Power & Ught Company Puget Power Building Bellevue, WA 98009 ATTN: Manager, Real Estate Division Dear Sir: Enclosed are an original and one copy of retum both documents to my attention. forwarded to you for your records. Sincerely, ~~~~ Kathleen L McCluskey, Director Administrative Services KLM:ch enclosure and A fully executed copy of the agreement will be 2394TH STREET . BREMERTON. WA 98337 . (360) 478-5290 . 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