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Home My WebLink About3106165 Page: 1 0~ t~ ~?/~?/155883: 44P Filed for Record at Request Of: BR£11[RTON CITY OF £S~1T $13. Ki[sap Co, t4f~ When Recorded Return to: Name city cle, rk,, Address 239 4th Street Bremerton~ WA 98337 Document Title: Easement Reference Number of Document Assigned or Released: Grantor's Name: United States of America Grantee's Name: City of Bremerton Abbreviated Legal Description: Federal owned land in the SEC. 22, SEC. 27, SEC. 28 AND SEC 33, of T24N, R1E, W.M. (Additional legal on pages 2 and 3 of the easement document) Assessor's Property Tax Parcel I Account Number: Federal owned land EXCI~ TAX EXEMPT JUL 2 ~ 1998 N4425598RP00T09 GRANT OF EASEMENT THIS INDENTURE, made the (0~tay of ,~)r;l 1998 between the United States of America, herein called the Government, acting through the Department of the Navy, and the City of Bremerton, Washington, herein called the Grantee, WHEREAS, the Government owns that certain real property identified as the Puget Sound Naval Shipyard, Shelton - Bremerton Railroad Right of Way, Bremerton, Washington, herein called the Station; and WHEREAS, the Grantee has requested an easement for the construction, installation, operation, maintenance, repair, and replacement of 36 inch water pipeline under and over those portions of the Station hereinafter described; and WHEREAS, the Secretary of the Navy has found that the grant of such easement on the terms and conditions hereinafter stated is not incompatible with the public interest; N4425598RP00T09 N4425598RP00T09 NOW THEREFORE, this indenture witnesseth that, in consideration of THIRTEEN THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($13,400.00) paid by the Grantee to the Government, the Government hereby grants to said City of Bremerton and its successors and assigns in perpetuity, an easement for the construction, installation, operation, maintenance, repair, and replacement of water pipeline. Such easement being under and over that portion of the Station hereafter called the Premises, delineated on Naval Facilities Engineering Command Drawings, Numbered A-101144 through A-101151. Said drawings are on file with the Naval Facilities Engineering Command, Engineering Field Activity Northwest and are described as follows: A strip of land over a portion of the NW 1/4, of Section 33, the S 1/2 and the NE 1/4, of Section 28 and the NW 1/4, of Section 27, Township 24 North, Range 1 East, of the Willamette Meridian, in Kitsap County, Washington, being a strip of land 10 feet wide lying 5 feet on each side of the following described centerline: Commencing at the northwest corner of said Section 33; thence S01o64'54'~A/ along the west line of the NW 1/4 thereof, 1527.24 feet to a point lying 9.7 feet, more or less, southeast of the southeasterly right of way line of SR 3, MP 34.83; thence N51o49'54"E parallel to said right of way line, 174.13 feet to Plan Station 11+17.03, the true point of beginning of the herein described centerline, said point lies on the approximate southwesterly right of way line of the U.S. Navy Railroad at Plan Station 10+69.1, as shown on Puget Sound Naval Shipyard Public Works Drawing No. 54142; thence continuing N51o49'54"E, 172.21 feet to an angle point, Plan Station 12+37.2, lying 59.6 feet, more or less, left and northeasterly of the centerline of the existing railroad tracks of said U.S. Navy Railroad; thence S85o36'26"E, 194.76 feet to an angle point, Plan Station 14+40.4, lying 49.2 feet, more or less, left and northerly of said centerline of tracks; thence N81o14'26"E, 231.59 feet to an angle point, Plan Station 16+81.6, lying 50.2 feet, more or less, left and northerly of said centerline of tracks; thence N73o04'00"E, 197.68 feet to an angle point, Plan Station 18+87, lying 45.1 feet, more or less, left and northwesterly of said centerline of tracks; thence N63o12'31"E, 97.29 feet to an angle point, Plan Station 19+87.9, lying 47.8 feet, more or less, left and northwesterly of said centerline of said tracks; thence N68o09'46"E, 194.71 feet to an angle point, Plan Station 21+84, lying 15 feet, more or less, northwesterly of said centerline of tracks; thence continuing along a line lying parallel with and 15 feet northwesterly and westerly of said centerline of tracks the following courses and distances: N56o05'00"E, 1451.76 feet to Plan Station 36+35.76 (Railroad Station 128+86.89), the beginning of a curve to the left having a radius of 1417.39 feet; thence northeasterly N4425598RP00T09 Page: 2 0£ ~ ~ 87/277198583: 44P BR£tlERTON CITY OF £SMT $I3.ee Kitsap Co, WA N4425598RP00T09 393.55 feet along said curve through a central angle of 15o54'31'' to Plan Station 40+33.47 (Railroad Station 132+80.64); thence N40o10'30"E 240.65 feet to Plan Station 42+74.12 (Railroad Station 135+28.45), the beginning of a curve to the right having a radius of 1447.39 feet; thence northeasterly 605.00 feet along said curve through a central angle of 23o56'58'' to Plan Station 48+72.85 (Railroad Station 141+24.70); thence N64o07'27"E, 1041.15 feet to Plan Station 59+13.99 (Railroad Station 151+63.24), the beginning of a curve to the left having a radius of 1004.09 feet; thence northeasterly and northerly 1197.75 feet along said curve through a central angle of 68o20'47'' to Plan Station 71+29.64 (Railroad Station 163+82.52); thence NO4O13'20'~/V 508.72 feet to Plan Station 76+38.36 (Railroad Station 168+84.50); to the beginning of a curve to the right having a radius of 1154.55 feet; thence northerly and northwesterly 709.56 feet along said curve through a central angle of 35012'46'' to Plan Station 83+38.70 (Railroad Station 175+97.83); thence N30o59'26"E, 338.39 feet to Plan Station 86+77.09 (Railroad Station 179+36.22), the beginning of a curve to the left having a radius of 2606.01 feet; thence northeasterly 390.85 feet along said curve through a central angle of 08035'35" to Plan Station 90+70.19 (Railroad Station 183+20.54); thence N22o23'50"E, 436.93 feet to Plan Station 95+07.12 (Railroad Station 187+60.41), the beginning of a curve to the right having a radius of 934.20 feet; thence northeasterly 835.36 feet along said curve through a central angle of 51o14'01'' to Plan Station 103+29.07 (Railroad Station 195+80.14); thence N73o37'51"E, 351.50 feet to Plan Station 106+80.57 (Railroad Station 199+31.21); the beginning of a curve to the left having a radius of 1479.71 feet; thence northeasterly 459.53 feet along said curve through a central angle of 17o47'37'' to Plan Station 111+44.76 (Railroad Station 203+95.97); thence N55os0'14"E, 11.52 feet to Plan Station 111+56.28 (Railroad Station 204+07.49); thence departing from a line lying parallel with and 15 feet northwesterly and westerly of said centerline of U.S. Navy Railroad tracks N33o49'22'~/V, 15.00 feet to Plan Station 111+56.37, 30' LT, a point on the northwesterly right of way line of said U.S. Navy Railroad and the termination of the herein described centerline of easement. Said Easement contains 1.48 acres THIS EASEMENT is granted subject to the following terms and conditions: 1. All work in connection with the construction, installation, operation, repair, and replacement of the underground utilities shall be done without cost or expense to the Government, and in accordance with plans previously approved by the Commanding Officer, Engineering Field Activity, Northwest, Naval Facilities Engineering Command. N4425598RP00T09 t lllll[lllllll IIII Il ll Ill I Ill II Pacje: 3 of 8 3 87727/199883= 44P BREMERTON CITY OF ESMT $t3,S8 KitsalO Co, 14R N4425598RP00T09 2. The Grantee shall maintain the Premises and the underground utilities in good condition at all times and Shall promptly make all repairs thereto that may be necessary for the preservation of the condition of the Premises and the continued operation and maintenance of the underground utilities. 3. The Grantee's rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by the Government to assure that the exercise of such rights will not interfere with the Government activities at the Station. 4. Upon the termination of this easement, the Grantee, at its expense, shall remove, to the extent requested by the Government, improvements installed or constructed hereunder, and shall restore the Premises to the same or as good a condition as that which existed prior to the exercise by the Grantee of its rights hereunder. Such restoration shall be done in a manner satisfactory to the Commanding Officer, Engineering Field Activity, Northwest, Naval Facilities Engineering Command. 5. If at any future time, the Government determines that the utilities or any portion thereof, unduly interferes with any of its activities, it shall have the right to terminate this easement, in whole or in part, or THAT, unless the Government shall have determined that relocation is not feasible, it shall convey to the Grantee, without charge, a substitute easement permitting the Grantee to relocate the utilities and/or portion thereof, on adjacent Government property, at the Grantee's cost and expense. The substitute easement shall contain the same terms and conditions as those of this easement, and shall bear the same expiration date, if any. 6. All or any part of this easement may be terminated upon failure by the Grantee to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or nonuse of such rights for a period of two consecutive years. 7. The Government may use the Premises of this easement for any purpose that does not unreasonably interfere with the use and enjoyment by the Grantee of the rights granted by this easement. 8. The Grantee must give Burlington Northern Railroad and the Activity's Public Works Officer written notification, and receive written acknowledgment of that notification, prior to the start of any and all construction, maintenance and repair work excluding emergency repairs, so that no interference with the operation of the railroad will occur. Every effort will be made to coordinate such emergency repairs with Burlington Northern Railroad so as not to interfere with the operation of the railroad. 9. The Grantee must pay any fees deemed appropriate by Burlington Northern Railroad for their efforts in the administration of this easement. N4425598RP00T09 Page: 4 of 6 877~77t$9863= 44P 4 BREII£RTON CITY OF ES~IT $t3,8~ Kit~ap Co~ ~ N4425598RP00T09 10. Burlington Northern Railroad may require that some or all of the work be completed by Burlington Northern Railroad at the sole cost and expense of the Grantee. 11. To preserve the structural and drainage integrity of the railroad embankment, repair and/or replacement of all catch basins and storm drains between the railroad and the highway will be required, 12. The City of Bremerton will be liable for all washouts and damage during construction, and for the life of the easement. Stability of the railroad slopes must be ensured during construction. Operation of trains must not be restricted. 13. The City of Bremerton must indicate pipe material and strength classifications. 14. Burlington Northern Railroad flagmen will be required during construction. 15. The project involves soil excavation to a depth of ten feet below ground surface. The City of Bremerton will be responsible for all excess soil characterization and disposal. Soil that is acceptable for backfill will be used as such and returned to the excavation. 16. Soil tobe encountered during the excavation has not been sampled by the Navy for environmental contamination. There is no reason to suspect gross contamination from operation of the tracks. However experience at the Navy controlled tracks at Jackson Park Housing Complex revealed Iow levels of arsenic, PAH's (primarily pentachlorophenol from railroad ties)' and petroleum products. Excess soil to be disposed of from the project must be sampled by the City of Bremerton at its sole cost and expense, to determine appropriate disposal method. All disposal of soil will need to be coordinated with Puget Sound Naval Shipyard personnel. The grantee must comply at its sole cost and expense, with ail applicable Federal, State, and local laws, including, but not limited to environmental laws and regulations. 17. If ground water is encountered that requires dewatering, Puget Sound Naval Shipyard requirements for discharge must be followed. Page: 5 0~ 8 87/~7/155883= 44P 8R£M£RTON CITY 0F ESMT $t3.88 Kitsap Co, WA N4425598RPOOT09 N4425598RP00T09 IN WITNESS WHEREOF, the Government, acting through the Department of the Navy, has caused this instrument to be executed the month, day and year written first above. UNITED STATES OF AMERICA By M~ Real Estate Technical Lead Real Estate Contracting Officer Engineering Field Activity, Northwest State of Washington County of Kitsap I certify that I know or have satisfactory evidence that Michael D. Brady is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Real Estate Technical Lead, Real Estate Contracting Officer, Engineering Field Activity, Northwest, United States Department of Navy to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 1o ~orll ,-: Signature: ·" Title: Nof.r~ Joe b ~ iu '~'>~ , My appointment expires: Legal Description Approved: Page= 8 o£ 6 87/87/159883 = 44P BREt~ERTON CITY OF ES~IT $13.88 Kitsap Co, WR N4425598RP00T09 6