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Home My WebLink About3211444 After Recording Return to: Puget Sound Energy, Inc. Corporate Facilities Dept. P. O. Box 97034 Bellevue, Washington 98009-9734 . LH-IL TI TLE l,;l, . - II QC $ 3.l:!S 3211444 Page: 1 of 6 lS/S4/1999S4:SSP Kitsap Co, WA I- - ~ ...\3 ~\5" Document Title(s) (or transactions contained therein): 1. Quit Claim Deed 2. 3. Reference Number(s) of Documents assigned or released: (or page _ of document(s)) Grantor(s) (Last name ftrst, then ftrst name and initials): 1. Puget Sound Energy, Inc. 2. 3. 4. 0 Additional names on page _ of document. Grantee(s) (Last name fIrst, then fust name and initials): 1. City of Bremerton 2. 3. 4. 0 Additional names on page _ of document. Legal Description (abbreviated: i.e., lot, block, plat or section, township, range) Portion of Blocks 4 and 6, Bayview Addition to Town ofBremerton, Vol. 2 of Plats, page 58, Kitsap County, Washington. o Additional legal on page 1 of document. Assessor's Property Tax Parcel/Account Number 3709-004-001-0108 [07772-2833/Highland Tower QCD.doc] PAGE 9/29/1999 Quit-Claim Deed Grantor, Puget Sound Energy, Inc., for and in consideration ofTen Dollars ($10.00) and other valuable consideration, in hand paid, conveys and quit-claims to the City ofBremerton, a municipal corporation of the State of Washington ("Grantee"), the following described real estate situated in the County of Kitsap, State of Washington, together with any after-acquired title of Grantor therein (the "Property"): BEGINNING on the south line of Block 4, Bayview Addition to the Town of Bremerton, according to plat recorded in Volume 2 of Plats, Page 58, records ofKitsap County, Washington, at a point where a line drawn parallel to and 30 feet distant, measured at right angles from the easterly line of said Block 4 would intersect said south line of said Block 4, running thence North 370 49' West and parallel to said easterly line of said Block 4, 140.4 feet; thence Southerly 123.52 feet, more or less, to the south line of said Block 4, to a point which is 41.17 feet west of the POINT OF BEGINNING. thence east 41.17 feet to POINT OF BEGINNING; Also that certain land situate in said City of Bremerton, described as follows: BEGINNING at a point the southeast comer of Block 4, said Bayview Addition; thence Westerly on the south line of said Block 4, to a point 30 feet distant from the easterly line of said Block 4, along a line perpendicular to said easterly line of said Block; thence in a Northwesterly direction parallel with said easterly line of said Block 4, about 200 feet to a point intersecting with the west line of Lot 1, in Block 6; thence North along the said west line of said lot 175 feet; thence North 620 East, 250 feet more or less to the waters of Puget Sound; thence in a Southerly direction along the shore to the northeast comer of Lot 4, in Block 1; thence along the meander line South 620 West to a point about 14 feet East of the Northeast comer of Block 4; thence in a Southeasterly direction along a street to an intersection of the easterly line of said Block 4; thence along the said easterly line of Block 4 to the POINT OF BEGINNING; all being in Bayview addition to Bremerton, Kitsap County, Washington; Except that portion conveyed to Engineering Development Corporation under Kitsap County Auditor's File No 431474; Except that portion conveyed to Signal Oil Company, a Delaware Corporation under Kitsap County Auditor's File No. 534812; Except that portion conveyed to City of Bremerton under Auditor's File No. 1049344. EXCISEtR,~\(o $~ OCT 4 1999 BY KITSAP COUNTY GRANTOR'S CONVEYANCE IS SUBJECT TO: A. A perpetual easement, which Grantor reserves to itself, its successors and assigns, and excepts from this conveyance, over, under, along, across, through and upon the Property as follows: 1. Electric Transmission Easements for Existing and Planned Facilities. 1.1 Grantor's Existing Transmission Facilities. Grantor shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge and use one or more electric transmission systems and/or distribution systems over and/or under the Property together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: QC ~ 3211444 Page: :: of S 161/614/1999614: SSP Ki tsap Co, I-JA PAGE 2 9/29/1999 "1" ~ II1J 11 I -$13. ~S-' (a) Overhead Facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines; communication and signal lines and cables; transformers. (b) Underground Facilities. Underground conduits, cables, vaults, manholes, switches and transformers; semi-buried or ground-mounted facilities such as pads, transformers and switches. Grantor's transmission facilities are currently operated at a nominal voltage of 115 kilovolts ("kV"). However, Grantor anticipates the need, and Grantor reserves the right, to replace and/or add other, higher capacity, higher voltage, larger and/or taller facilities. For example, Grantor may replace the current transmission facUities with 230kV or higher voltage facilities. In connection with such replacement, Grantor may instaU taUer, larger poles or towers. Without limiting the generality of the foregoing, Grantee has been informed and understands that Grantor's current plans anticipate replacement of the current transmission tower with a taUer, stronger tower that will be instaUed on a larger, cement foundation, and this easement reserves to Grantor the right to do so. 1.2 Access. Grantor shall have the right of access over and across the Property to enable Grantor to exercise its rights hereunder. 1.3 Rights-of-Way Clearing and Maintenance. Grantor shall have the right to cut, trim, remove, control or otherwise dispose of any and all brush, trees and other vegetation presently existing on the Property. Grantor shall also have the right to control, on a continuing basis and by any prudent and reasonable means (provided that Grantor shall obtain Grantee's prior written approval of Grantor's use of any herbicide for such control), the establishment and growth of trees, brush and other vegetation upon the Property which could, in the opinion of Grantor, interfere with the exercise of Grantor's rights herein or create a hazard to Grantor's Facilities. 2. Grantee's Use of Property. Grantee may use the Property for purposes of the "Clean-up Work" (deftned below), and may also use the Property for parking, lawn or other surface uses, ingress and egress and for a public trail. Grantee may not use the Property for any other purpose or install any structure on, over or under the Property without Grantor's prior written consent, which Grantor may withhold or condition if and to the extent Grantor deems appropriate to assure that Grantee's use the Property is, in Grantor's opinion, not inconsistent with Grantor's easement rights reserved herein. Upon abandonment or other termination of Grantor's easement rights, Grantee's Use of Property will no longer be restricted as provided in this paragraph. This in no way limits Grantee's obligation to indemnify and hold harmless Grantor for all environmental clean-up costs and as otherwise provided in the parties August 19, 1997, Option Agreement in Lieu of Condemnation. 3. Abandonment. The easement rights herein reserved with respect to Grantor's Facilities shall continue until such time as Grantor removes all of its Facilities (whether now existing or hereinafter constructed) from the Property and ceases to use the Property for the purposes specified in paragraph I for a period often (10) successive years, in which event this easement shall terminate as to such purposes. B. GRANTEE'S ENVIRONMENTAL COVENANTS, CONDITIONS AND RESTRICTIONS Grantee agrees, by accepting this Deed, as follows: I. Grantee shall conduct an environmental investigation of the Property including, without limitation, drilling, testing, soil and groundwater sampling and installation of monitoring wells on the Property . r-, LHt1D TITLE 1,;0 ~--_. ... --.-- I' I' . 3211444 Pltge: 3 of 6 18/S4/199984:61SP Kitsap Co, WA PAGE 3 9/29/1999 1oIi,,':' I $...:l . J8 2. Grantee shall conduct such activities as may be required for remediation of the area including the Property (the "Clean-up Work") in conjunction with a cleanup action plan approved by the Washington Department of Ecology ("Ecology"). With regard to the Clean-up Work, Grantee agrees to the following terms and conditions: (a) Before accessing the Property, Grantee shall give Grantor advance notice of when it wants to enter the site, and shall describe the proposed Clean-up Work, the schedule for the activity and the persons who would be entering the site. (b) If the proposed Clean-up Work involves any environmental investigation or remediation, Grantee shall provide Grantor with a written description of such activity, allow Grantor a reasonable time in which to comment on the proposed activity and consider, in good faith, any comments timely submitted by Grantor. (c) Grantee shall coordinate the time and manner of any Clean-up Work such that Grantor may be able to have its own observers present, at Grantor's expense, during any Clean-up Work. (d) Grantee shall provide Grantor with copies of all data, reports and information generated by or for Grantee with respect to the Clean-up Work or regarding the proposed cleanup, if any, of the area including the Property. Grantee shall do so promptly upon its receipt or generation of such data and information. The parties agree that such data, reports and information shall be confidential and shall not be disclosed to any third parties without the prior consent of the other party except that (i) either party may disclose such to a governmental agency if, in its sole determination, such reporting is required by applicable laws, (ii) either party may disclose such to its consultants or advisors for the purpose of evaluating the environmental conditions of the Property or the surrounding area, (iii) Grantee may disclose such information to Ecology or the Environmental Protection Agency for the purpose of negotiating or obtaining approval of cleanup plans for the area, including the Property or (iv) Grantee may disclose as required by public disclosure laws. (e) Grantee shall have all Clean-up Work performed at its sole expense, in accordance with any and all applicable laws, order, rules, regulations, decrees, and orders of any public authority having jurisdiction and in a good and workmanlike manner. Grantee shall not seek any recovery from Grantor of any costs associated with or resulting from the Clean-up Work. (t) Grantee shall assure that the Clean-up Work is performed so as to not damage the Property, unreasonably interfere with Grantor's normal use of the Property or any part thereof or create any dangerous, unhealthy, unsightly, nuisance or noisy condition on the Property. Grantee shall remove any wastes created by the Clean-up Work. (g) Upon completion of the Clean-up Work, Grantee shall at its sole cost and expense restore the Property to the same condition that it was in prior to the start of the Clean-up Work, including without limitation, removal of any groundwater wells installed as a part of the Clean-up Work. (h) If Grantee enters into an agreement, order or decree with Ecology for the remediation of an area that includes any portion of the Property, Grantee shall use its best efforts to obtain Ecology's agreement that Grantor receives the same covenant not to sue and contribution protection that Grantee receives from Ecology. (i) Grantee assumes responsibility for, releases and shall indemnify, defend and hold harmless PSE and its officers, directors, employees, agents, and affiliates from any and all damages, claims, demands, liabilities, liens, costs and expenses, including, without limitation, '-1 f "-.--''''.' LMrD TITLE CO ~~~ 3211444 Page: 4 of 6 161/941 1999S4 : SSP Kitsap Co, ~A PAGE 4 9/29/1999 ~-j.,~ reasonable attorneys' and consultant's fees ("Claims") arising from or resulting from the presence or release of any hazardous substance or material, on, under or adjacent to the Property or in any way arising from or related to the Clean-up Work, including without limitation Claims of governmental agencies, third parties or City's employees, except and only to the extent the presence or release of any such hazardous substance or material is caused by the negligence of PSE or its employees or agents occurring following the date of Grantee's acceptance of this Deed. MISCELLANEOUS PROVISIONS 1. follows: Notices. Notices required to be in writing under this Agreement shall be given as If to Grantee: City of Bremerton c/o Glenna Malanca, City Attorney 239 4th Street Bremerton, WA 98337 PHONE: (360) 478-5345, FAX: (360) 478-5161 If to Grantor: Puget Sound Energy Corporate Facilities Dept., OBC-11N P.O. Box 97034 Bellevue, W A 98009-9734 PHONE: (425) 454-6363, FAX: (425) 462-3519 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States mails, 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. 2. Successors and Assigns. Grantor shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefIts, privileges and interests arising in or under this Agreement. Without limiting 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, assigns, lessees and tenants. 3. Applicable Laws. The laws of the State of Washington shall govern this Deed. This Deed, the easement reserved to Grantor herein, and the other rights and obligations of the parties hereunder, shall inure to the benefit of and be binding upon the respective successors and assigns of Grantor and Grantee. IN WITNESS WHEREOF, the parties hereto have executed this Deed. GRANTOR GRMTTEE Puget Sound Energy, Inc., a Washington corporation The City of Bremerton, a municipal corporation of the State of Washington By,' Its: By: ~>'-~ 0. 'li.L Its: '-7 /<..4-'1" , 'I '.""1 Ll1rK TITLE ~~ - QCl. . $13',af 3211444 Page: 5 of 6 lS/S4/1999S4:SSP Kitsap Co, WA PAGE 5 9/29/1999 Quit Claim Deed Puget Sound Energy, Inc. / Grantor City of Bremerton / Grantee STATE OF WASHINGTON ) ) ss. ) COUNTY OF l< I '"' i.t On this 21l!day of Sc:'Pn,,~~ ,199.1, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~. S. Mc.N l.tLr'f ' to me known to be the person who signed as ~Qe'-TOft. LOlt~~.'jt,JTIGs.ofPuget Sound Energy, Inc., 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 ~ was authorized to execute said instrument and that the seal affIxed, if any, is the corporate seal of said corporation. ~","II'".,I. IN ~~ T have hereunto set my hand and offIcial seal the day and year fIrst above wri~~':~~i5~~~1'~ I ~+OlA'" ~ - - - -e- = i~, -tln\(i ~i ~ ~14L ~ ~ J.., ~~ 0I-15-02.!O:.': Print Name: IA/If"/,J,;" ,,&fl,;- S,SLIF'Ifl. ~~n.!,,,,,,,~,,, Notary Public in and for the State of Washington, residing ~I,~W#S~~' ~,I ,..1 ".,II "",. at.1JJO "C)Ml ~ " My commission expires: 8-, 'S - 07... STATE OF WASHINGTON ) , j ) ss. COUNTY OF~ I 'Bc~f ) On this~ day of o-~~ , 199c:J., before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared t.... ~-"-- s:_ ~A. _ ' to me known to be the person who signed as H~ of the City of Bremerton, the municipal corporation that executed the within and oregomg mstrument, and acknowledged sald mstrument 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 S k.. was authorized to execute said instrument and that the seal affIxed, if any, is the seal of said municipal corporation. IN WITNESS ~EREOF I have hereunto set my hand and offIcial seal the day and year fIrst above written. . ~",\\\\\\,.' H/'''''III/, ~ ~ cpo. ,~ ,,~ ~ ~ ........... "fA _ ~ Q~ ~ .. ... -'7'.A\. ~ ( ::: ,,' 0 7' ". ,.~ ~ -:- g 0, I t -1~ \ ~ ~ PnntName: rQ"'H1.:p A JA~ S' ~ ~ f A.<'09.~ J- 1,,, E Notary Public in and for the State of Washington, residing - """ .... "vOo - c % ~ \, v6LIC ./ ~ i at .VI. ('t'V\0 Clf"\./-- ~ 0......... .......to ~ My commIssIon exprres: f 2 -q..-n 0 ~...- ......... c)' ~ ~'1. ~-'1SH\~ ",,~ 7111/f""1I\\\\\\~ PAGE 6 [07772-2833/Highland Tower QCD.doc] 9/29/1999 ._-, --IT ..-. LA II.! TIT..E C) ~L.u 3211444 Page: S of S 161/S4/1999S4:SSP Kitsap Co, I-JA $1,:1,1:113 II I . . i I I 4i " ~ ,. ~ ~ .;" ~ 'l~ ~ AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 48 0025 106 00009950 CHICAGO INSURANCE TITLE '\ I COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Wimess Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: LAND TITLE COMPANY OF KITSAP COUNTY, INC. 9657 LEVIN ROAD N.W. SUITE 100 P.O. BOX 2737 SILVERDALE, WA 98383 (360) 692-2233 CHICAGO TITLE INSURANCE COMPANY By: 9 I' By: ~!~ '~i':;\~: . .~; ':~ . ';:i;11'" "\\l', 'I;"'" ALTA Owner's Policy (10-17-92) ,iff(' LAND TITLE COMPANY OF KITSAP COUNTY ALTA OWNER'S POLICY STANDARD SCHEDULE A Office File No.: E-132156 Policy Number: 48 0025 106 00009950 Date of Policy: October 4, 1999 at 4:00 p.m. Amount of Insurance: $20,000.00 Premium: $250.00 1. Name of Insured: CITY OF BREMERTON, a municipal corporation of the State of Washington 2. The estate or interest in the land which is covered by this policy is: A FEE 3. Title to the estate or interest in the land is vested in: CITY OF BREMERTON, a municipal corporation of the State of Washington 4. The land referred to in this policy is described as follows: SEE LEGAL DESCRIPTION ATTACHED ON -EXHIBIT AN AND BY REFERENCE MADE A PART HEREOF SCHEDULE A ALTA Owner's Policy 10-17-92 EXHIBIT 'A' Office File No.: E-132156 DESCRIPTION: BEGINNING ON THE SOUTH LINE OF BLOCK 4, BAYVIEW ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KITSAP COUNTY, WASHINGTON, AT A POINT WHERE A LINE DRAWN PARALLEL TO AND 30 FEET DISTANT, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT SAID SOUTH LINE OF SAID BLOCK 4, RUNNING THENCE NORTH 37049' WEST AND PARALLEL TO SAID EASTERLY LINE OF SAID BLOCK 4, 140.4 FEET; THENCE SOUTHERLY 123.52 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID BLOCK 4, TO A POINT WHICH IS 41.17 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST 41.17 FEET TO POINT OF BEGINNING; ALSO THAT CERTAIN LAND SITUATE IN SAID CITY OF BREMERTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THE SOUTHEAST CORNER OF BLOCK 4, SAID BAYVIEW ADDITION; THENCE WESTERLY ON THE SOUTH LINE OF SAID BLOCK 4, TO A POINT 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4, ALONG A LINE PERPENDICULAR TO SAID EASTERLY LINE OF SAID BLOCK; THENCE IN A NORTHWESTERLY DIRECTION PARALLEL WITH SAID EASTERLY LINE OF SAID BLOCK 4, ABOUT 200 FEET TO A POINT INTERSECTING WITH THE WEST LINE OF LOT I, IN BLOCK 6; THENCE NORTH ALONG THE SAID WEST LINE OF SAID LOT 175 FEET; THENCE NORTH 620 EAST, 250 FEET MORE OR LESS TO THE WATERS OF PUGET SOUND; THENCE IN A SOUTHERLY DIRECTION ALONG THE SHORE TO THE NORTHEAST CORNER OF LOT 4, IN BLOCK 1; THENCE ALONG THE MEANDER LINE SOUTH 620 WEST TO A POINT ABOUT 14 FEET EAST OF THE NORTHEAST CORNER OF BLOCK 4; THENCE IN A SOUTHEASTERLY DIRECTION ALONG A STREET TO AN INTERSECTION OF THE EASTERLY LINE OF SAID BLOCK 4; THENCE ALONG THE SAID EASTERLY LINE OF BLOCK 4 TO THE POINT OF BEGINNING; ALL BEING IN BAYVIEW ADDITION TO BREMERTON, KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO ENGINEERING DEVELOPMENT CORPORATION UNDER KITSAP COUNTY AUDITOR'S FILE NO. 431474; EXCEPT THAT PORTION CONVEYED TO SIGNAL OIL COMPANY, A DELAWARE CORPORATION UNDER KITSAP COUNTY AUDITOR'S FILE NO. 534812; EXCEPT THAT PORTION CONVEYED TO CITY OF BREMERTON UNDER AUDITOR'S FILE NO. 1049344; SCHEDULE B Office File No.: E-132156 Policy No: 48 0025 106 00009950 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: A. Rights or claims disclosed only by possession, or claimed possession, of the. premises B. Encroachments, and questions of location, boundary and area disclosed only by inspection of the premises or by survey. C. Easements, prescriptive rights, rights-of-way, streets, roads, alleys or highways not disclosed by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not yet payable or which or not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity natural gas or other utilities, or garbage collection and disposal. G. Reservations and exceptions in the United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations; Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims or title to water. FOR SPECIAL EXCEPTIONS, SEE ATTACHED Office File No.: E-132156 SPECIAL EXCEPTIONS: Policy No.: 48 0025 106 00009950 ALTA STANDARD OWNERS POLICY SCHEDULE B - cont'd 1. Any question that may arise due to shifting or change in the course of the puget Sound or due to the puget Sound having shifted or changed its course, and rights of the State of Washington in and to that portion of said premises, if any, lying in the bed or former bed of the Puget Sound, if it is navigable. 2. Any prohibition or limitation on the use, occupancy or improvements of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water, and the right of use, control or regulation by the United States of America in exercise of power over navigation. 3. Easement, including by instrument; Recorded: Recording No.: In Favor of: For: Affects: its terms, covenants and provisions as disclosed June 25, 1973 1049345 City of Bremerton, a Municipal Corporation sewer line permanent 10 feet over a portion of said premises and a temporary 20 foot construction easement over said premises its terms, covenants and provisions; June 9, 1995 9506090031 agreement and easement for access and utilities its terms, covenants and provisions as disclosed June 9, 1995 9506090031 City of Bremerton access and utilities portion over said premises and other property 6. An easement for electrical transmission as reserved by Grantor in Quit-Claim Deed recorded under Auditor's File No. 3211444. 4. Agreement, including Recorded: Recording No.: For: 7. Environmental covenants, conditions and restrictions as disclosed by Quit-Claim Deed recorded under Auditor's File No. 3211444. 5. Easement, including by instrument; Recorded: Recording No. : In Favor of: For: Affects: SC/jt END SCHEDULE B Special Exceptions - Continued File No.: E-132156 OWNER'S POLICY ENDORSEMENTS: NONE '/"/ /,,,,-. /" ../' " -' /' .\ ;4/" ,,~., //" , . . · \, \./ ;4 ./ ." \ \, .' 4, (1)', , '.' "P4 / I *' '/ ~ ,-, \..;. / - \ I / .....\; / )/ " /' .~. :- '.~ ::...~ " '. ,. \ ~ " -' ...., , .. , "~I ,.. ....,. \ '. .... .\ ',- .... .'''w. " . '.. / / / ,/ o // o / \ '" ( ) ,.... 1....',_, '.',_, - I"', ..... ~--\ ooy~. (,jl ".,.- ',.... '" !O,? :'. ?,0.~'" / 02,,,"0 / ;"vzo-. 5). _ to '3 9- ~ <:0 '~.< ~ n"::) Z. ':0 b ~ ~ O~30-, ~ t~: rc, '\1i (") o "'" > -0 ':~ )> co '.) 2; xO -.. 0 '" "? ~~ ",:" ~.;J) "" / ;) / / o / ~ LAND TITLE ESCROW 9657 LEVIN ROAD N.W., SUITE 110 SILVERDALE, WA 98383 FINAL SELLERS SETTLEMENT STATEMENT Seller: PUGET SOUND ENERGY Buyer: CITY OF BREMERTON Property Address: PSE PROPERTY, BAYVIEW ADDN. KITSAP COUNTY, WASHINGTON Order Number: 132156 Escrow Number: S-12652-CA Settlement Agent: Cathie Ames Sales Price..................................... Title Insurance to Land Title Company.. ...... ... Escrow/Closing Fee to Land Title Company.. ... ... Sales Tax Escrow Fee to Land Title Company Sales Tax Owners Policy Fee to Land Title Company Add' 1 Work Fee to Land Title Company.. .... Deposit to Escrow ......... .. .. .. .. .. .... .. .... .. .... .. .. .. .... ...... .. .... .. .... ...... ...... ...... .. .... .. .... .. Sub-totals Balance due to Seller Totals Ccd1u Q 0 JVv.. aL:) Cathie Ames ~ Settlement Agent LPO # 1031 ) 0 - q -C} 4 Date Settlement Date: LPO Number: 1031 250.00 225.00 18.45 20.50 541. 00 1,054.95 1,054.95 Expenses 0.00 10/04/99 Credits 1. 00 1,053.95 1,054.95 1,054.95 LAND TITLE ESCROW 9657 LEVIN ROAD N.W., SUITE 110 SILVERDALE, WA 98383 FINAL BUYERS SETTLEMENT STATEMENT Buyer: CITY OF BREMER TON Seller: PUGET SOUND ENERGY Property Address: PSE PROPERTY, BAYVIEW ADDN. KITSAP COUNTY, WASHINGTON Order Number: 132156 Escrow Number: S-12652-CA Settlement Agent: Cathie Ames Purchase Price.................................. Escrow Fee to Land Title Company........ ... ..... Sales Tax Escrow Fee to Land Title Company Recording of Deed............................... Deposit to Escrow Sub-totals Balance due from Buyer Totals ~~ Cathie Ames ~ Settlement Agent LPO # 1031 10-4-99 Date Settlement Date: 10/04/99 LPO Number: 1031 1. 00 225.00 18.45 14.00 258.45 258.45 Expenses Credits 258.45 258.45 0.00 258.45 LAND TITLE ESCROW 9657 LEVIN ROAD N.W., SUITE 110 SILVERDALE, WA 98383 BUYERS ESTIMATED SETTLEMENT STATEMENT Buyer: CITY OF BREMER TON Seller: PUGET SOUND ENERGY Property Address: PSE PROPERTY, BAYVIEW ADDN. KITSAP COUNTY, WASHINGTON Order Number: Settlement Agent: 132156 Escrow Number: Cathie Ames S-12652-CA Settlement Date: 10/04/99 LPO Number: 1031 Expenses Credits Purchase Price.................................. 1.00 Escrow Fee to Land Title Company........ .,. ..... Sales Tax Escrow Fee to Land Title Company Recording of Deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225.00 18.45 14.00 Sub-totals 258.45 0.00 Balance due from Buyer 258.45 Estimated Totals 258.45 258.45 I/We hereby acknowledge receipt of this statement. CITY OF BREMER~NI .f ~ '11. ~'I-.- By: Lynn Horton, Mayor Commercial CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction Including Instructions to Record Documents and Disburse Funds ESCROW NO.: S-12652 -CA PRELIMINARY TITLE COMMITMENT NO.: E-132156 TO: LAND TITLE ESCROW 9657 LEVIN ROAD N.W., SUITE 110 P.O. BOX 2737 SILVERDALE, WA 98383 The undersigned buyer and seller (referred to herein as "the parties") hereby designate and appoint LAND TITLE COMP ANY OF KITSAP COUNTY (referred to herein as "the settlement agent") to act as their settlement agent and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE SETTLEMENT AGENT IS INSTRUCTED, AS FOLLOWS: ""TERMS OF SALE"" The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties" agreement), which is made a part of these instructions by this reference. Any changes to the parties' agreement will be made a part of these instructions, without further reference, when signed by the parties and delivered to the settlement agent. These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any conflict or inconsistence between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control. Escrow is to be concerned only with the provisions specifically set forth in these instructions and identified by the Buyer and Seller as conditions to the closing of this escrow. All terms and provisions of the above agreement have been met to the satisfaction of all parties herein or will complied with, outside of this escrow. ""CLOSING DATE"" The date on which the documents required to close the transaction are filed for record (referred to herein as "the closing date") shall be on or before the date for closing of the transaction specifIed in the parties' agreement or in an addendum extending that date, ""DOCUMENTS"" The settlement agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close the transaction. The settlement agent may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the settlement agent before the closing date. Execution of any document will be considered approval of its form and contents by each party signing such document. ""INSTRUCTIONS FROM THIRD PARTIES"" If any written instructions necessary to close the transaction according to the parties' agreement are given to the settlement agent by anyone other than the parties or their attorneys, including but not limited to lenders, such instructions are accepted and agreed to by the parties. ""DISCLOSURE OF INFORMATION TO THIRD PARTIES"" The settlement agent is authorized to furnish upon request, copies of any closing documents, agreements or instructions concerning the transaction to the parties' attorneys, and to any real estate agent or lender involved in the transaction. Other papers or documents containing personal or fInancial information concerning any party may not be released to anyone other than the parties' attorney or lender, without prior written approval. ""POTENTIAL LEGAL PROBLEMS"" If the settlement agent becomes aware of any facts, circumstances or potential problems which in the settlement agent's opinion should be reviewed by any of the parties attorneys, the settlement agent is authorized, in its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. ""DISBURSEMENT OF FUNDS"" THE UNDERSIGNED PARTIES HEREIN acknowledge notice that pursuant to RCW 18.44.070 as amended and effective June 7, 1990, escrow will NOT disburse funds collected into the escrow depository bank the same day as deposited, unless funds are received by wire transfer or cash, or in a form that permits conversion of the deposit to cash on the same day the deposit it made. ""SETILEMENT AGENT'S FEES AND EXPENSES"" The settlement agent's fee is intended as compensation for the closing and settlement services set forth in these instructions. If additional services are required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any parties' assignment of interest or delay in performance, the parties agree to pay a reasonable additional fee for such services. The parties shall also reimburse the settlement agent for any out-of-pocket costs and expenses incurred by it under these instructions. The settlement agents fees, costs and expenses shall be due and payable on the closing date or other termination of the settlement agent's duties and responsibilities under these instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise provided in the parties' agreement. ""CANCELLATION"" These instructions may be cancelled by written agreement, signed by all of the parties, and payment of the settlement agent's fees, costs and expenses, Upon receipt of such agreement and payment, the settlement agent shall return any money or documents then held as it is instructed, and shall have no further duties or responsibilities under these instructions. ""NOTICES"" Any notice, declaration or request made under these instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the settlement agent and other parties at their addresses set forth in these instructions. " I Escrow Instructions Page 2 Escrow No.: S-12652-CA * AMENDMENTS* Any amendment, addition or supplement to these instructions must be in writing, signed by the appropriate parties and delivered to the settlement agent. *EFFECT* These instructions shall bind and benefit the parties, the settlement agent and any successors in interest. *CONDlTIONS OF PARTIES AGREEMENT SATISFIED* All terms and conditions of the parties' agreement have been met to my satisfaction, or will be met, satisfied or complied with outside of this escrow. *SETILEMENT STATEMENT APPROVED* The settlement statement prepared by the settlement agent is approved by me, made a part of these instructions by this reference, and I agree to pay my costs, expenses and other obligations itemized on that statement. I understand that any estimated amounts will be adjusted to reflect the exact amounts required when the funds are disbursed, that the settlement statement continues to be subject to audit at any time and if any monetary error is found, the amount will be paid by the party liable for such payment to the party entitled to receive it. *DISPUTE* Should any dispute arise between parties interested in property or funds covered by these instructions, you shall have the option to hold all matters pending in their then existing status or to join in or commence a court action, deposit the money and documents referred to herein into the Registry of the Court or upon holding this escrow open for determination of the rights of parties, you will be relieved of all responsibility. It is further agreed that in the event of any suit or claim made against you by either of or both parties to this agreement, that said parties shall be required to pay all expenses, costs and reasonable attorney's fees in connection tllerewith, or as othetWise adjudicated by the court. * AUDIT* It is understood and agreed that Land Title Company's settlement statement is subject to audit and should there be any errors or omissions, they are to be corrected and if any monetary error is discovered, it is to be assessed and immediately collected from, or refunded to, the party or parties liable therefore. *COUNTERPARTS. These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy. *MATIERS TO BE COMPLETED BY THE BUYER AND SELLER* *IMPORTANT - READ CAREFULLY'" 1ITHE FOLLOWING ITEMS MUST BE COMPLETED BY THE PARTIES, OUTSIDE OF ESCROW, AND ARE NOT PART OF THE SETILEMENT AGENT'S DUTIES UNDER THESE INSTRUCTIONS.* *INSPECTION AND APPROVAL OF mE PROPERTY* Any required inspections or approvals of the property or of improvements, additions or repairs to the property have been arranged and completed by the parties outside of escrow. The settlement agent shall have no liability with respect to the physical condition of the property, or any buildings, improvements, plumbing, heating, cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise determine its physical condition, or to determine whether any required improvements, additions or repairs have been satisfactorily completed. *POSSESSION OF THE PROPERTY. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the settlement agent. *INDIVIDUAL TAXES* The parties are advised to consult with their attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The settlement agent shall have no responsibility for the parties individual tax consequences arising from this transaction. *COMPLIANCE WIm CERTAIN LAWS. The parties are advised to consult with their attorneys to determine their responsibilities, if any, under the Consumer Protection Act, Truth-in-Lending Act, Interstate Land Sales Act, or other similar laws. The settlement agent shall have no responsibility for the parties compliance, nor any liability arising from the failure of any party to comply with such law. *UTILITIES* The parties advise settlement agent that the proration and payment of all utilities, if any, including but not limited to, water, sewer, garbage collection, electricity, gas and oil, will be handled between the parties outside of escrow. Settlement agent shall not be responsible for detennining whether any utility charges are due or may become due or for payment of any such charges. By signing these instructions, the undersigned hereby assumes full responsibility for proration and payment, if any, of utilities as described above and as may be contained in said Agreement between parties. *THE SELLER HAS APPROVED, SIGNED AND DEPOSITED mE FOLLOWING WITH THE SETfLEMENT AGENT UNDER THESE INSTRUCTIONS: -Real Estate Purchase and Sale Agreement -Quitclaim Deed -Real Estate Excise Tax Affidavit which you are instructed to deliver, release and/or record when you have for the account of the Seller the sales price of $ 1. 00 subject to any charges and/or credits au*prized herein and documents executed by the purchaser. II' .'i' Escrow Instructions Page 3 Escrow No.: S-12652-CA *THE BUYER HAS APPROVED, SIGNED AND DEPOSITED THE FOLLOWING WITH THE SETTLEMENT AGENT UNDER THESE INSTRUCTIONS: -Real Estate Purchase and Sale Agreement -Quitclaim Deed (read and approved) -Real Estate Excise Tax Affidavit -Net proceeds due per Escrow Settlement Statement "THE SETTLEMENT AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS: *Instruction to Close* The settlement agent is instructed to perform its customary closing duties under these instructions, to deliver and record documents according to these instructions, and to disburse the funds according to the settlement statement, adjusting estimated amounts, when the settlement agent has the documents required to close the transaction and the necessary funds in its possession. *Proceeds'" Sale proceeds for the seller's account to be disbursed according to the settlement statement, and when you are able to close according to the terms and conditions set forth in the above said Agreement and Addendums attached thereto and in compliance with these instructions, and issue your policy (or policies) of title insurance in the amount (or amounts) as follows: containing insurance clauses, exceptions, exclusions, provisions and stipulations as contained in commitment issued under number E - 132156 , which parties herein have read and approved, and a. Conditions, restrictions or reservations as may be contained in the plat or Federal or State patents. b. Matters attaching by, through or under the Grantee. c. Special exceptions 1- 5 shown under the above referenced commitment number. "'Completion or Correction of Documents* The settlement agent is instructed to correct any errors found in any document deposited under these instructions, and to insert as necessary the closing date, the date on which interest begins to accrue, and the dates on which payments must be made, if such times are incomplete. "'Pro-Rations'" Adjustments or pro-rations of real estate taxes, and other charges, if any, shall be made on a per-diem basis using a 365 day year, unless the settlement agent is otherwise instructed. You are instructed to pro-rate as of October 4, 1999 the following: None "'NOTICE TO PARTIES'" The service of the settlement agent under these instructions will be performed by a person certifted as a Limited Practice Officer under the Admission to Practice Rule 12 and 12.1, adopted by the Washington State Supreme Court. Under that rule, Limited Practice Officers may only select, prepare and complete certain documents on forms which have been approved for their use. You are further advised that: THE LIMITED PRACTICE OFFICER IS NOT ACTING AS THE ADVOCATE OR REPRESENTATIVE OF EITHER (OR ANY) OF THE PARTIES. THE DOCUMENTS PREPARED BY THE LIMITED PRACTICE OFFICER WILL AFFECT THE LEGAL RIGHTS OF THE PARTIES. THE PARTIES INTERESTS IN THE DOCUMENTS MAY DIFFER. THE PARTIES HAVE A RIGHT TO BE REPRESENTED BY LAWYERS OF THEIR OWN SELECTION. THE LIMITED PRACTICE OFFICER CANNOT GIVE LEGAL ADVICE AS TO THE MANNER IN WHICH THE DOCUMENTS AFFECT THE PARTIES. The Limited Practice Officer for this transaction is: C9\.~ Cathie Ames LPO# 1031 Escrow Instructions Page 4 Escrow No.: S -12 6 52 - CA I THE FOLLOWING DOCUMENTS HAVE BEEN SELECTED/COMPLETED BY THE LPO NOTED HEREIN: -Real Estate Excise Tax Affidavit **ADDITIONAL INSTRUCTIONS ARE HEREBY ATTACHED** ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT LAND TITI..E COMPANY DOES NOT PROVIDE LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATIONS OR ASSURANCES WHATSOEVER REGARDING THE COMPLIANCE OF THE TRANSACTION WITH ANY TAX, SECURITIES OR OTHER LAWS OF THE UNITED STATES OR STATE IN WHICH THIS TRANSACTION IS CONSUMMATED. THE SETTLEMENT AGENT HAS CLEARLY REQUESTED THAT I SEEK INDEPENDENT COUNSEL IF I HAVE ANY DOUBT CONCERNING THE TRANSACTION OR THESE INSTRUCTIONS. I HAVE HAD ADEQUATE TIME AND OPPORTUNITY TO READ AND UNDERSTAND THESE INSTRUCTIONS AND ALL OTHER DOCUMENTS REFERRED TO IN THESE INSTRUCTIONS. BUYER SELLER CITY OF BREMERTON, A MUNICIPAL CORPORATION PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION ~ ~, r;j,).( By: Lynn Horton, Mayor r .09/14/1999 10:55 3504785151 BREMERTON LEGAL DEPT PAGE 02 ADDENDUM TO OPTION AGREEMENT 'I'he undersigned parties entered into an Option Agreement In Lieu of Cordenmation ("Option Agreement"), d~ted August 19, 1997, The parties agree that the legal description of the property subject to the Option Agreement, attached as Exhibit A to the Option Agreement, does not accur.tely describe the property intended to be subject to the Option Agreement. The parties agree that the legal description attached hereto as Exhibit A does accurately reflect the property being conveyed to the City of Bremerton by Puget Sound Energy, Inc. The remainder of the Option Agreement is unchanged by this Addendum. CITY OF BREMERTON BY:~ {J- -dL Its: '72~ Date: I -1/,,, BY:~UND ENERGY, I~C. , Its: t/;,'/.~ Dtlte: <; /""1-1,' "f Approved as to Form: City Attorney r ,<: 09/14/1999 10:55 3504785151 . BKP, \3 VY \MVNJ",,t,t .......u ...~_ BREMERTON LEGAL DEPT PAGE 03 .U1811' 'A' Otlie. '~I. Mo.1 ~vl)215~ D~. BIlCJIlDltNG '* TIll SOUTH LZJfE OP '~OCJ< 4, !)AYVI.. ADDITION TO THE TOWN OF """TOII, ACCOIlDIMG TO PI,AT RIi\:CORPBD IN VOUMll a OF PWATS, MOl 58 t RECORDS Of KIT8AI CO\IfTY, WASHtNGTON. ~T A POINT Wit" A LIN2 DRAwN PARALt.~L TO ~D :10 'I" Dl.,..,., M~SVRIOO AT IUGfn' ANOLBS PROM THE SAS'TERL'i' LINE Of SAID BLOCK . MOVU' lJn'aJtSacrr 51'10 SOU'l"H L1N. 0' IUD BLOCK 4. RWWlNG THENCE NORTM )7.U' WIST un PAAALLSL TO SAID iASTI'IlLY LINE Qr SAID lU.oCK ., 140.4 ,ll'1"i 'nfINCI SOU1'K.ffll,Y ~n. 5l Ji'lilE"I, MORE Oil LII$., TO THE Sotrl'H Ln~'1!: 01' SAID 1u)C1( t, TO A POIW'f WHICH 19 U.17 FEET WIST or THB: POINT 0' BEGINN%NG, THDCI MBT f1.17 PBeT TO ponlT Of' BEO!NNIJI<J; At.80 THAT C'lRTAUf u.ND SITUATE IN SAID qn 0'" IP-EMilR1.'ON, DEIiCRIBJ;:P 11$ ~81 18G1MtrlNG AT A JOllO' THI SOUTHiAST COlmtR 0' -.ooc 4, SA1P ~YVU'W ADDITION;' THJ:lfCC WUTmU.Y ON THI SOUTH li1&IE OF SAID 8LOCK .. TO A VOINT 30 FEE;T DI~T pROM TKI ~E~Y LINE OF SAID BLOCK 4, ALONG A LINE F~RPENOl TO SAxe IAS'nRLY 1:11'-': 0.. SIUD BLOCK; THEtI<:J I. A NORTliWtST!R.L't OIR PlLv.LLIt. WITH 11.1D EASTERLY LINE OF SAID It,OCIt ., ABOlJ'1' :ZOO PE: I..,...~crtJl;; WITH THE WIST L%NB OF LOT ~, III IWCK 6 i T1i~C1!: NO THE ~IO Wllrr LUll OF' "AU) un 11$ Fin I nl~Ct; NORTH U' EAST, :2 ~ 0 nET MOJ{E OR Lt;SS TO 'rill WA'11IRS 0' PUetT SOUNO. THENCE IN A SO\1rKJRLY OI'R!CTIOW ALONG TH! SHOll 1'0 1'NJ NORTH lAST CORH2R 0' LQT 4, IN II<<K IT'llfENCE AU>NG THE MEANDIJt L~.' SOUTH 6a. WasT TO A POINT ABOUT 14 FElT lAST OF THB WORTH~~T CORNER OF .1.<<" t; n.CI IN A SOUTHZASTI~LY DIRISc:TIOlf At.QNG A $"l'RiET TO AN Uf1'PlScrlC>>l 0' THS IASTBJU/t LUll: OP SAIl) BIDCIt. ~ i THJ;;N~ AWNG THE SAID MI'1'ZIU4Y I,U" OP ILOCJ<, .. TO nil POINT Of Bl14rnlNCi AU Bt:INO IN SAYVIEW MPITION TO IRIMDTON, K%TSAP (:OUN'l"lI', WASHUIOTONI &XClPT THAT PORTION OONVEYZD TO .NGINiE~ING D~~PMENT CORPORATION VNO~R K1T"" OOUNTY AUDITQR'S FILE NO. 4314161 uClrr TM'1' PORTION CONVEYED TO SIGNAL OJL CQIII'ANY, A OELAWARE CORPO~TlON ~DIR KIT~ COUNTY AVOlTOR'$ FI~ NO. 53.'1~j BXCIPT THAT '0Jt110N c;o)lVlYID TO C;1TY OF SREMO'l'ON UND~R AUDITOR' $ ~I!.oE NO. 10.,3U; ~(J eN .-. .:, ',1 09/20/1999 10:55 3504785151 BREMER TON LEGAL DEPT PAGE 02 SECOND ADDENDUM TO OPTION AGREEMENT The undersigned plU'ties entered into an Option Agreement In Lieu of Condemnation dated August 19, 1997. The Agreement provided for a closing date within 30 days of the City's notification of exercising its option to purchase the Pn)perty, The parties hereby agree to extend the date for closing this transaction to Monday, September 27, 1999. CITY OF BREMERTON ~ {!~, 'tL L Its' ~ ~ o.ic: ~'/P1' Approved as to Form: City Attorney r 09/27/1999 13:26 3604785161 BREMERTON LEGAL DEPT PAGE 02 THIRD ADDENDUM TO OPTION AGREEMENT The undersigned parties entered into an Option Agreement In Lieu of Condemnation dated August 19, 1997. The Agreement provided for a closing date within 30 days of the City's notification of exercising its option to purchase tbe Property. The parties hereby agree to extend the date for closing this transaction to Monday, October 4, 1999. Additionally, the parties agree to substitute the attached Quit Claim Deed foX' the Quit Claim Deed that was attached to the parties' Option Agreement In Lieu of Condemnation. CITY OF BREMERTO?j ~. -dv"-. Its: ')...-. Date: , I.t; f Its: Date: Approved as to Form: Glenna Malanca, City Attorney After Recording Return to: Puget Sound Energy, Inc. Corporate Facilities Dept. P. O. Box 97034 Bellevue, Washington 98009-9734 Document Title(s) (or transactions contained therein): 1. Quit Claim Deed 2. 3. Reference Number(s) of Documents assigned or released: (or page _ of document(s)) Grantor(s) (Last name fIrst, then fIrst name and initials): 1. Puget Sound Energy, Inc. 2. 3. 4. 0 Additional names on page _ of document. Grantee(s) (Last name fIrst, then fIrst name and initials): 1. City of Bremerton 2. 3. 4. 0 Additional names on page _ of document. Legal Description (abbreviated: i.e., lot, block, plat or section, township, range) Portion of Blocks 4 and 6, Bayview Addition to Town ofBremerton, Vol. 2 of Plats, page 58, Kitsap County, Washington. o Additional legal on page 1 of document. Assessor's Property Tax Parcell Account Number 3709~OO4-00 1-0 108 [07772-2833/Highland Tower QCD.doc] PAGE 9/29/1999 I' , Quit-Claim Deed Grantor, Puget Sound Energy, Inc., for and in consideration ofTen Dollars ($10.00) and other valuable consideration, in hand paid, conveys and quit-claims to the City of Bremerton, a municipal corporation of the State of Washington ("Grantee"), the following described real estate situated in the County of Kitsap, State of Washington, together with any after-acquired title of Grantor therein (the "Property"): BEGINNING on the south line of Block 4, Bayview Addition to the Town of Bremerton, according to plat recorded in Volume 2 of Plats, Page 58, records ofKitsap County, Washington, at a point where a line drawn parallel to and 30 feet distant, measured at right angles from the easterly line of said Block 4 would intersect said south line of said Block 4, running thence North 37049' West and parallel to said easterly line of said Block 4, 140.4 feet; thence Southerly 123.52 feet, more or less, to the south line of said Block 4, to a point which is 41.17 feet west of the POINT OF BEGINNING. thence east 41.17 feet to POINT OF BEGINNING; Also that certain land situate in said City of Bremerton, described as follows: BEGINNING at a point the southeast comer of Block 4, said Bayview Addition; thence Westerly on the south line of said Block 4, to a point 30 feet distant from the easterly line of said Block 4, along a line perpendicular to said easterly line of said Block; thence in a Northwesterly direction parallel with said easterly line of said Block 4, about 200 feet to a point intersecting with the west line of Lot 1, in Block 6; thence North along the said west line of said lot 175 feet; thence North 620 East, 250 feet more or less to the waters of Puget Sound; thence in a Southerly direction along the shore to the northeast comer of Lot 4, in Block 1; thence along the meander line South 620 West to a point about 14 feet East of the Northeast comer of Block 4; thence in a Southeasterly direction along a street to an intersection of the easterly line of said Block 4; thence along the said easterly line of Block 4 to the POINT OF BEGINNING; all being in Bayview addition to Bremerton, Kitsap County, Washington; Except that portion conveyed to Engineering Development Corporation under Kitsap County Auditor's File No 431474; Except that portion conveyed to Signal Oil Company, a Delaware Corporation under Kitsap County Auditor's File No. 534812; Except that portion conveyed to City of Bremerton under Auditor's File No. 1049344. A. GRANTOR'S CONVEYANCE IS SUBJECT TO: A perpetual easement, which Grantor reserves to itself, its successors and assigns, and excepts from this conveyance, over, under, along, across, through and upon the Property as follows: 1. Electric Transmission Easements for Existing and Planned Facilities. 1.1 Grantor's Existing Transmission Facilities. Grantor shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge and use one or more electric transmission systems and/or distribution systems over and/or under the Property together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: [07772-2833/Highland Tower QeD. doc ] PAGE 2 9/29/1999 (a) Overhead Facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines; communication and signal lines and cables; transformers. (b) Underground Facilities. Underground conduits, cables, vaults, manholes, switches and transfonners; semi-buried or ground-mounted facilities such as pads, transfonners and switches. Grantor's transmission facilities are currently operated at a nominal voltage of 115 kilovolts ("kV"). However, Grantor anticipates the need, and Grantor reserves the right, to replace and/or add other, higher capacity, higher voltage, larger and/or taller facilities. For example, Grantor may replace the current transmission facilities with 230kV or higher voltage facilities. In connection with such replacement, Grantor may install taller, larger poles or towers. Without limiting the generality of the foregoing, Grantee has been informed and understands that Grantor's current plans anticipate replacement of the current transmission tower with a taller, stronger tower that will be installed on a larger, cement foundation, and this easement reserves to Grantor the right to do so. 1.2 Access. Grantor shall have the right of access over and across the Property to enable Grantor to exercise its rights hereunder. 1.3 Rights-of-Way Clearing and Maintenance. Grantor shall have the right to cut, trim, remove, control or otherwise dispose of any and all brush, trees and other vegetation presently existing on the Property. Grantor shall also have the right to control, on a continuing basis and by any prudent and reasonable means (provided that Grantor shall obtain Grantee's prior written approval of Grantor's use of any herbicide for such control), the establishment and growth of trees, brush and other vegetation upon the Property which could, in the opinion of Grantor, interfere with the exercise of Grantor's rights herein or create a hazard to Grantor's Facilities. 2. Grantee's Use of Property. Grantee may use the Property for purposes of the "Clean-up Work" (defmed below), and may also use the Property for parking, lawn or other surface uses, ingress and egress and for a public trail. Grantee may not use the Property for any other purpose or install any structure on, over or under the Property without Grantor's prior written consent, which Grantor may withhold or condition if and to the extent Grantor deems appropriate to assure that Grantee's use the Property is, in Grantor's opinion, not inconsistent with Grantor's easement rights reserved herein. Upon abandonment or other termination of Grantor's easement rights, Grantee's Use of Property will no longer be restricted as provided in this paragraph. This in no way limits Grantee's obligation to indemnify and hold harmless Grantor for all environmental clean-up costs and as otherwise provided in the parties August 19, 1997, Option Agreement in Lieu of Condemnation. 3. Abandonment. The easement rights herein reserved with respect to Grantor's Facilities shall continue until such time as Grantor removes all of its Facilities (whether now existing or hereinafter constructed) from the Property and ceases to use the Property for the purposes specified in paragraph 1 for a period of ten (10) successive years, in which event this easement shall terminate as to such purposes. B. GRANTEE'S ENVIRONMENTAL COVENANTS, CONDITIONS AND RESTRICTIONS Grantee agrees, by accepting this Deed, as follows: 1. Grantee shall conduct an environmental investigation of the Property including, without limitation, drilling, testing, soil and groundwater sampling and installation of monitoring wells on the Property . [07772-2833/High1and Tower QeD.doc] PAGE 3 9/29/1999 ...fO ,/ 2. Grantee shall conduct such activities as may be required for remediation of the area including the Property ( the "Clean-up Work") in conjunction with a cleanup action plan approved by the Washington Department of Ecology ("Ecology"). With regard to the Clean-up Work, Grantee agrees to the following terms and conditions: (a) Before accessing the Property, Grantee shall give Grantor advance notice of when it wants to enter the site, and shall describe the proposed Clean-up Work, the schedule for the activity and the persons who would be entering the site. (b) If the proposed Clean-up Work involves any environmental investigation or remediation, Grantee shall provide Grantor with a written description of such activity, allow Grantor a reasonable time in which to comment on the proposed activity and consider, in good faith, any comments timely submitted by Grantor. (c) Grantee shall coordinate the time and manner of any Clean-up Work such that Grantor may be able to have its own observers present, at Grantor's expense, during any Clean-up Work. (d) Grantee shall provide Grantor with copies of all data, reports and information generated by or for Grantee with respect to the Clean-up Work or regarding the proposed cleanup, if any, of the area including the Property. Grantee shall do so promptly upon its receipt or generation of such data and information. The parties agree that such data, reports and information shall be confIdential and shall not be disclosed to any third parties without the prior consent of the other party except that (i) either party may disclose such to a governmental agency if, in its sole determination, such reporting is required by applicable laws, (ii) either party may disclose such to its consultants or advisors for the purpose of evaluating the environmental conditions of the Property or the surrounding area, (iii) Grantee may disclose such information to Ecology or the Environmental Protection Agency for the purpose of negotiating or obtaining approval of cleanup plans for the area, including the Property or (iv) Grantee may disclose as required by public disclosure laws. (e) Grantee shall have all Clean-up Work performed at its sole expense, in accordance with any and all applicable laws, order, rules, regulations, decrees, and orders of any public authority having jurisdiction and in a good and workmanlike manner. Grantee shall not seek any recovery from Grantor of any costs associated with or resulting from the Clean-up Work. (t) Grantee shall assure that the Clean-up Work is performed so as to not damage the Property, unreasonably interfere with Grantor's normal use of the Property or any part thereof or create any dangerous, unhealthy, unsightly, nuisance or noisy condition on the Property. Grantee shall remove any wastes created by the Clean-up Work. (g) Upon completion of the Clean-up Work, Grantee shall at its sole cost and expense restore the Property to the same condition that it was in prior to the start of the Clean-up Work, including without limitation, removal of any groundwater wells installed as a part of the Clean-up Work. (h) If Grantee enters into an agreement, order or decree with Ecology for the remediation of an area that includes any portion of the Property, Grantee shall use its best efforts to obtain Ecology's agreement that Grantor receives the same covenant not to sue and contribution protection that Grantee receives from Ecology. (i) Grantee assumes responsibility for, releases and shall indemnify, defend and hold harmless PSE and its officers, directors, employees, agents, and affiliates from any and all damages, claims, demands, liabilities, liens, costs and expenses, including, without limitation, [07772-2833/Highland Tower QCD.doc] PAGE 4 9/29/1999 I' reasonable attorneys' and consultant's fees ("Claims") arising from or resulting from the presence or release of any hazardous substance or material, on, under or adjacent to the Property or in any way arising from or related to the Clean-up Work, including without limitation Claims of governmental agencies, third parties or City's employees, except and only to the extent the presence or release of any such hazardous substance or material is caused by the negligence of PSE or its employees or agents occurring following the date of Grantee's acceptance of this Deed. MISCELLANEOUS PROVISIONS 1. follows: Notices. Notices required to be in writing under this Agreement shall be given as If to Grantee: City of Bremerton c/o Glenna Malanca, City Attorney 239 4th Street Bremerton, WA 98337 PHONE: (360) 478-5345, FAX: (360) 478-5161 If to Grantor: Puget Sound Energy Corporate Facilities Dept., OBC-11N P.O. Box 97034 Bellevue, W A 98009-9734 PHONE: (425) 454-6363, FAX: (425) 462-3519 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States mails, 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. 2. Successors and Assigns. Grantor shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefIts, privileges and interests arising in or under this Agreement. Without limiting 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, assigns, lessees and tenants. 3. Applicable Laws. The laws of the State of Washington shall govern this Deed. This Deed, the easement reserved to Grantor herein, and the other rights and obligations of the parties hereunder, shall inure to the benefIt of and be binding upon the respective successors and assigns of Grantor and Grantee. IN WITNESS WHEREOF, the parties hereto have executed this Deed. GRANTOR GRANTEE Puget Sound Energy, Inc., a Washington corporation The City of Bremerton, a municipal corporation of the State of Washington ~: ':y;>'--~;t,:LL ~ By,' Its: [07772-2833/Highland Tower QCD.doc] PAGE 5 9/29/1999 I' , . . ',,,~: . -. :.: t Quit Claim Deed Puget Sound Energy, Inc./ Grantor City of Bremerton / Grantee STATE OF WASHINGTON ) ) ss. ) COUNTY OF 1<,1-1 tt On this ~ day of Se;11> rc:-'"'7I-\.Q<< , 199-1-, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared <<. $. M CoN L.tlr, ' to me known to be the person who signed as I::ljflec. TO<<. (.D1t~ f/JClL.lTISS. of Puget Sound Energy, Inc., the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that uF was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. ""'ll"'",, IN ~~ T have hereunto set my hand and official seal the day and year fIrst above wri~~~~~s,i i5'R.~~~~\ ~ .,.OTAIt, ~ - at - : -1- = 'i~, ~UBl\C J~i u.J~I4L~~ ~~R. OB-1~..~$ Print Name: WA'fl-ltr '&flw- ~SLIFtZ.. ~,....~~.....~~" Notary Public in and for the State of Washington, residing ~'I.~ WASp ..,' It ,I a.. ,. I 11"1111"'. at2)J" nD.""t 1>" My commission expires: 8-( S" - 0 "L STATE OF WASHINGTON ) ) ) ss. COUNTY OF<r 'ec.~f On this~ day of o--iD~ , 199~, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared t.... ~ s::_ ~A _ ' to me known to be the person who signed as H~ of the City of Bremerton, the municipal corporation that executed the within and oregomg Instrument, and acknowledged said mstrument 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 ~was authorized to execute said instrument and that the seal affixed, if any, is the seal of said municipal corporation. IN WITNESS ~EREOF I have hereunto set my hand and official seal the day and year fIrst above written. ~\\'\\\\\\T' H"IIIIIIII ~ ~ eft- '~:I~ ~ ~ .............. "1~ ~ /"'":"~ ~.. ....t\.~ '-ll - ~ ... t\or .. ,,. ~ :: &J l 1 ""~ \ U'I ~ PnntName: C-a'tL-l r:P A ~ S' ~ ~ i <-09,<(' J- i ~ Notary Public in and for the State of Washington, residing :: -\ \ ;O~. <100: ::: CIA. ~ ~... v 11 , I C l ~ ;: at r fVl Q C I ,."V--... ... . ... ......... M .. . J"d q ~ 0 ..... ..... ",0 ~ y commiSSion expires: - --r'\ 0 ~ ~ ......... C:)" ~ ~i'11 ~ASH\~ ,\,,~ 11111t1l "'"\\\\\'\ [07772-2833/Highland Tower QCD.doc] PAGE 6 9/29/1999 PLEASE TYPE OR PRINT PLEASE SEE REVERSE This form is your receipt when stamped by cashier. REAL ESTATE EXCISE TAX AFFIDAVIT CHAPTER 82.45 RCW - CHAPTER 458-61 WAC FOR USE AT COUNlY TREASURER'S OFFICE (Use Fonn No. 84-00018 for Reponing Transfers ofConlrolling Interest of Entlty Ownership to the Department of Revcnue) THIS AFnDA VIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED II Name PUGET SOUND ENERGV ~~ il!Z :n:! ,e,:, Street PO BOX 97034 BELLEVUE, WA 98009 City/State/Zip ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE Name SAME AS *2 ABOVE Street II Name CITY OF BREMERTON ~~ =0 Street 239 Fourth Street Bre.erton, WA 98337 City/Statc/Zip ALL TAX PARCEL NUMBERS 3109-004-001-0108 COUNTY TREASURER PLACE ASSESSED VALUE IF TAX EXEMPT City/StatclZip II LEGAL DESCRIPTiON OF PROPERTY SITUATED IN 0 UNINCORPORATED Street Address (if property is improved): PSE PROPERTV, BAVV I EW ADDN. Kit safOUNTY 0 OR IN CITY OF KITSAP COUNTY, WASHINGTON Legal Description attached hereto as Exhibit "A" Is this property currently: YES NO Classifted or designated as forest land? Chapter 84.33 RCW Classified as current use land (open space, fann and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax as a nonprofit organization? Chapter 84.36 RCW Seller's Exempt Reg. No. _ _ _ _ _ - _ _ _., Receiving special valuation as historic 0 property? Chaper 84.26 RCW Property Type: I!J land only 0 land with new building o land with previously used building 0 land with mobile home o timber only 0 building only Prineip.1 Uae: 0 Apt. (4+ unit) o timber 0 agricultural o other II (I) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34) If the new owner(s) ofland 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 pursuant to 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 determine if the land transferred qualifies to continue classification or designation 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. o o o g y:sidential ~ commercial/industrial This land 0 does 0 does not qualify for continuance. Date DEPUTY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation as historic property wish to continue this special valuation the new owner(s) must 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 lW" ~ I Description of personal property included in gross selling price, both tangible (eg; furniture, equipment, etc.) or intangible (eg; goodwill, agreement not to compete, etc.) o If exemption claimed, list WAC number and explanation. WAC No. (See/Sub) Explanation Environmental Cleaup Costs negate the value of this property Gluitc1ai. Deed Type of Document Date of Document Gross Selling Price $ Personal Property (deduct) $ Taxable SeIling Price $ Excise Tax: State $ Local $ Delinquent Interest: State $ Local $ Delinquent Penalty $ Total Due $ A MINIMUM OF $2.00 IS DUE AS A PROCESSING FEE AND TAX.DUE I AFFIDAVIT I Certify Under Penalty Of Perjury Under The Laws Of The State Of Washington That The Foregoing Is True And Correct. (See back of this form). Signature of 11 /) .~..t8r/Agent U J'''tJ./I7vJJ1.... ~ Name (print) VJ Ai JJ IT" lS'2I?'~ So Li:--R... Date and Place of Signing: 1/1'1" L SILYc#'f?O,+'-tF"" Signature of / \,-, 't/'! _ . 11 .. ~ / ( Grantee/Agent V ~-.J '{./. 1'l4-. ---. Name (print) t-. 4 VI Y) S'~ ~A f1rl.J..e-r ., ,\ Date & Place of Signing: {0-4 -'1 0; S IIl..e.;c:lrLIJJ.._ Perjury: Perjury is a class C felony which is punishable by imprisonment in the state 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 ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 84 0001 a (12-30-98)(PD 1-04-99) COUNTY TREASURER FOR TREASURER'S USE ONLY AGENDA BILL BREMERTON CITY COUNCIL ~'\JJ~ _ ~anJECT: MetieR t& Exercise Option to Purchase Property from Puget Sound Energy FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: August 11. 1999 Legal tU Glenna Malan~, City Attorney . August 5, 1999 2. CLEARANCE ~, ,/ / 3. EXHIBITS: Option Agreement in Lieu of Condemnation Council Study Sessions dt~~ Fiscal & Budget Committee " ~/f4;~ Operations omrruttee ENDORSEMENtKJNFORMATION [] MAYO~)t1. rJ,~ APPROVED BY COUNCIL PRESIDE~AL: COUNCIL PRESIDENT @, . / // 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Parks Department has requested that the City exercise its option to purchase property from Puget Sound Energy Inc. as provided in the Option Agreement in Lieu of Condemnation, section 3, executed August 19, 1997, copy attached. The purchase price is One Dollar ($1.00) and will benefit the Evergreen Park Expansion project. This 3~tieB ean be talHlR by ,.. fftOtivll: ~ 8. RECOMMENDATION: Record Motion: The City of Bremerton shall exercise its right to purchase property from Puget Sound Energy, Inc. pursuant to the parties' Option Agreement in Lieu of Condemnation dated August 19, 1997. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: ~ .. 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED ~ISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: /\ - /f/II q<1-152 r PrY2I j ~ ~ 11. AGENDA BILL NO.: p,.j? (OVER) vr"" (~1ab) "'--, '''''---- '-.............." ---. 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Could restrict access and limit expansion possibilities for the Evergreen Park expansion. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: +PUGET SOUND ENERGY October 8, 1999 Ms. Glenna Malanca City of Bremerton City Attorney's Office 239 4th St. Bremerton, WA 98337 RE: Highland Tower Property Dear Glenna: Enclosed for your records is the original recorded Quit Claim Deed for the above noted property. Good luck in the completion of the City's park project. Very truly yours, l,j) W;m~ Wayne Bressler, SRlWA Corporate Facilities Department . . ' to/" O~ J,~JO ~~fl.? ') ~tfP-' Puget Sound Enerqy. Inc. . PO. Box 97034 . BeIIGvL;8, WA 98009-9734 ~ t(OP1f OFFICE OF CITY ATTORNEY 2394th Street. Bremerton. Washington 98337 . (360) 478-5345 . FAX (360) 478-5161 . E-mail: legal@ci.bremerton.wa.us August 18, 1999 Puget Sound Energy Real Estate & Facilities Dept., OBC - IlN P.O. Box 97034 Bellewe, Washington 98009-9734 Re: Option Agreement in Lieu of Condemnation Dear Ladies and Gentlemen: Pursuant to paragraph 3 of the parties' August 19, 1997, Option Agreement in Lieu of Condemnation, the City ofBremerton hereby exercises its option to purchase the subject property . We now must arrange for closing within 30 days of this notice to PSE. The City recommends Cathie Ames of Land Title Escrow in Silverdale for closing of the transaction, with your approval. Please indicate PSE's agreement to use a title company instead of the City Attorney's office, as provided in the Option Agreement. Please contact me at 360-415-5497. :#Z;;:~ ~~AMALANCA City Attorney cc: ~athY McCluskey Cris Gears Gene Sampley * Equal Opportunity Employer * \ ADMINISTRATIVE SERVICES 239 4th Street. Bre merton, WA 98337 . (360) 478-5290 · FAX (360) 478-5200 August 20, 1997 Pug<< Sound Energy i Real Estate.t Facilities DepaIlunent, OBe-IIN P. O. Box 97034 Bellevue, Wubington 98009-19734 I Dear Sir: Enclosed for your records is aifully executed Option Agreement in Lieu of Condemnation. Sincerely, Paula lohnston Deputy City Clerk ~ Pl:ch enclosure cc: lane Koler, Casey" ptuzan (w/enc1.) * Equal Opportunity Employer * OPTION AGREEMENT IN LIEU OF CONDEMNATION Dated~~ \'\ , 1997. ..} This Option Agreement in Lieu of Condemnation (" Agreement") is made between PUGET SOUND ENERGY, INC., a Washington corporation, formerly known as Puget Sound Power & Light Company (ltPSEIt), and CITY OF BREMERTON, a municipal corporation of the State of Washington ("City"), with reference to the following facts: Recitals A PSE has an interest in that certain real property located in Bremerton, Washington, the legal description of which is set forth in Exhibit A attached hereto (the ItPSE Property"). B. PSE is also the grantee of certain rights in the adjoining property, commonly known as the Lofthus Property, the legal description of which is set forth in Exhibit B attached hereto (the "Lofthus Property"). These rights concern the anchor and guy wires that are used to support the steel transmission tower and related utility facilities located on the PSE Property and are more particularly described in an indenture dated April 22, 1929, a copy of which is attached hereto as Exhibit C (the "Indenture"). C. City has filed a petition for condemnation in the Kitsap County Superior Court, Cause No. 96-2-03759-3 (the "Condemnation Action"). The petition for condemnation seeks to acquire both the PSE Property and the Lofthus Property for use as additions to City's Evergreen Park. PSE is a defendant. D. In conjunction with its planned expansion of the Evergreen Park, City plans to conduct an environmental investigation and remediation of the Lofthus Property, the PSE Property, and other properties in the area, and then to use the PSE Property, to the extent it is not needed for utility purposes, for park purposes. E. PSE is willing to agree to City's plans and convey to City the property rights described below, but only on the terms and conditions set forth herein. Agreement '~;'therefOre, in consideration of the mutual covenants herein contained and subject to the terms and conditions of this Agreement, the parties agree as follows: }, Access to PSE Property. PSE hereby gives City and its employees, contractors and agents a non-exclusive, revocable license for access to the PSE Property for the following limited purposes: (a) Inspecting the PSE Property, including without limitation conducting any survey of the site, provided that all such activities must be completed within two (2) years of the effective date of this Agreement. (b) Conducting an environmental investigation of the PSE Property including, without limitation, drilling, testing, soil and groundwater sampling and installation of monitoring wells on the PSE Property, provided that all such activities must be completed within two (2) years of the effective date of this Agreement. [07772-2833/BA971150.00 1] 7/30/97 (c) If City exercises the "Option" pursuant to Section 3 of this Agreement, conducting such activities as may be required for remediation of the area including the PSE Property in conjunction with a cleanup action plan approved by the Washington Department of Ecology ("Ecology"). 2, Conditions of Access. The activities conducted pursuant to the right of access pursuant to Section 1 of this Agreement shall be referred to as the "Work". With regard to the Work, City agrees to the following terms and conditions: (a) Before accessing the PSE Property, City shall give PSE advance notice of when it wants to enter the site, and shall describe the proposed Work, the schedule for the activity and the persons who would be entering the site. (b) If the proposed Work involves any environmental investigation or remediation, City shall provide PSE with a written description of such activity, allow PSE a reasonable time in which to comment on the proposed activity and consider, in good faith, any comments timely submitted by PSE. (c) City shall coordinate the time and manner of any Work such that PSE may be able to have its own observers present, at PSE's expense, during any Work. (d) City shall provide PSE with copies of all data, reports and information generated by or for City with respect to the Work or regarding the proposed cleanup, if any, of the area including the PSE Property. City sha1l do so promptly upon its receipt or generation of such data and information. The parties agree that such data, reports and information sha1l be confidential and shall not be disclosed to any third parties without the prior consent of the other party except that (i) either party may disclose such to a governmental agency if, in its sole determination, such reporting is required by applicable laws, (ii) either party may disclose such to its consultants or advisors for the purpose of evaluating the environmental conditions of the PSE Property or the surrounding area, (ill) City may disclose such information to Ecology or the Environmental Protection Agency for the purpose of negotiating or obtaining approval of cleanup plans for the area, including the PSE Property or (iv) City may disclose as required by public disclosure laws. (e) City shall have all Work performed at its sole expense, in accordance with any and all applicable laws, order, rules, regulations, decrees, and orders of any public authority having jurisdiction and in a good and workmanlike manner, City shall not seek any recovery from PSE of any costs associated with or resulting from the Work. (f) City sha1l assure that the Work is performed so as to not damage the PSE Property, unreasonably interfere with PSE's normal use of the PSE Property (or any part thereof) or create any dangerous, unhealthy, unsightly, nuisance or noisy condition on the PSE Property. City shall remove any wastes created by the Work. (g) If City does not exercise the Option pursuant to Section 3 of this Agreement, City shall at its sole cost and expense restore the PSE Property to the same condition that it was in prior to the start of the Work, including without limitation, removal of any groundwater wells installed as a part of the Work. (h) If City enters into an agreement, order or decree with Ecology for the remediation of an area that includes any portion of the PSE Property, City shall use its best efforts to obtain Ecology's agreement that PSE receives the same covenant not to sue and contribution protection that City receives from Ecology. (i) City agrees to release, indemnify, defend and hold harmless PSE and its officers, directors, employees, agents, and affiliates from all damages, claims, demands, liabilities, liens, costs and [07772-2833/BA9711 50.00 1] -2- 7/30/97 expenses, including, without limitation, reasonable attorneys' and consultant's fees (collectively "Claims"), arising from or resulting from City's access or Work under this Agreement or its breach of any obligations under this Section 2, including without limitation Claims asserted by governmental agencies, third parties or City's employees. (j) In addition, City acknowledges that the PSE Property is subject to the hazards incident to the operation of an electrical system. City hereby agrees that PSE shall not be liable for any damage or injury suffered by City or its agents or employees on the PSE Property or for any damage on injury to property upon the PSE Property. City shall keep the PSE Property free and clear of any and all liens which might arise from City exercise of its license of access or the Work. The provisions of this Section 2 shall survive any expiration or termination of this Agreement. 3. City's Ootion. PSE conveys and quit-claims to City an option, exercisable for a period of two years from the date of this Agreement, for City to purchase from PSE, the PSE Property (the "Option"). City may exercise the Option by written notice to PSE. The terms of the Option are as follows: a. Purchase Price. The total purchase for the PSE Property is One and 00/100 Dollars ($1.00) (the "Purchase Price"). b. Closing. The sale shall be closed in the office of City's City Attorney within thirty (30) days of the date of City's exercise of the option. City and PSE shall, on demand, execute and deliver to each other all instruments and monies necessary to complete the sale in accordance with this Agreement. c Conveyance of Title. Upon closing, PSE shall deliver to City, and City shall accept, a quit-claim deed in the form attached hereto as Exhibit D, subject to the easement reserved therein (the "Deed"), executed and acknowledged by PSE. d. Environmental Disclaimer and Indemnity. (1) PSE has permitted City to conduct an environmental assessment of the PSE Property. Both parties are aware and acknowledge that hazardous substances and materials are present on or under both the Lofthus Property and the PSE Property. City is relying upon its own review and inspection of the PSE Property, rather than any representations, warranties or covenants ofPSE with respect thereto. (2) PSE DISCLAIMS ALL, AND MAKES NO, REPRESENTATIONS, WARRANTIES OR COVENANTS (WHETHER EXPRESS OR IMPLIED), AND SHALL NOT IN ANY WAY BE LIABLE FOR ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO: (1) PSE'S TITLE TO THE PSE PROPERTY; (2) THE DIMENSIONS, SIZE OR ACREAGE OF THE PSE PROPERTY; (3) THE CONDITION OF THE PSE PROPERTY OR ANY STRUCTURES OR IMPROVEMENTS THEREON; (4) THE SUITABILITY OF THE PSE PROPERTY, STRUCTURES, OR IMPROVEMENTS FOR HABITATION OR FOR CITY'S INTENDED USE OR FOR ANY USE WHATSOEVER; (5) THE EXISlENCE OF OR COMPLIANCE OF THE PSE PROPERTY, STRUCTURES, OR IMPROVEMENTS WITH ANY APPLICABLE LAWS, ORDINANCES, REGULATIONS OR OTHER REQUIREMENTS, OF ANY GOVERNMENTAL AGENCY INCLUDING, WITHOUT LIMIT AnON; ANY APPLICABLE BUILDING, ZONING, FIRE, OR ENVIRONMENTAL LAWS OR REGULATIONS; (6) THE ENVIRONMENTAL CONDmONOF THE PSE PROPERTY; OR (7) THE AVAILABILITY OR EXISlENCE OF, OR ACCESS TO, ANY W A lER, SEWER, OR OTHER UTILITIES, OR ANY RIGHTS THERETO. (07772-28331BA9711S0.001] -3- 7/30197 CITY PURCHASES, AND SHALL BE DEEMED TO PURCHASE, THE PSE PROPERTY IN ITS THEN- CURRENT CONDITION AS OF CLOSING, "AS IS", "WHERE IS", "WITH ALL FAULTS, DEFECTS OR DEFICIENCIES WHETHER PATENT, LATENT, KNOWN, OR UNKNOWN, WITHOUT RECOURSE TO PSE OF ANY KIND." (3) City shall assume responsibility for, and shall release, indemnify, defend and hold harmless PSE and its officers, directors, employees, agents, and affiliates from any and all Claims arising from or resulting from the presence or release of any hazardous substance or material, on, under or adjacent to PSE's Property or in any way arising from or related to City's Work, including without limitation Claims of governmental agencies, third parties or City's employees, except and only to the extent the presence or release of any such hazardous substance or material is caused by the negligence of PSE or its employees or agents occurring following the closing date. The provisions of this section 3 shall not merger into the Deed but shall, instead, survive the closing. 4. Lofthus Prooertv. City agrees that, in the conduct of the Condemnation Action with respect to the Lofthus Property, it will not do anything to impact, impair or encumber PSE's existing rights in the Lofthus Property, as set forth in the Indenture. If City takes any right, title or interest in the Lofthus Property, such shall be subject to PSE' s existing rights as set forth in the Indenture. 5, Dismissal ofPSE in Condemnation Proceeding. Within ten (10) days after the effective date of this Agreement City shall file such documents in the Condemnation Action as are required to remove the PSE Property and dismiss PSE without prejudice from the proceeding, each party bearing its own costs and expenses. 6. City's Re{)resentations. Warranties and Covenants. City represents, warrants and covenants that: (a) City has inspected the PSE Property, and City has had, and continues to have, ample opportunity to have the PSE Property inspected by inspectors and other experts of City's own choosing qualified to discover patent, latent, known, and unknown defects in the PSE Property, including without limitation, the environmental condition of the PSE Property by environmental experts of City's own choosing qualified to examine such condition of the PSE Property~ (b) City has obtained title reports concerning the condition of, and any defects or encumbrances with respect to, the PSE Property, City has had an opportunity to have the condition of title to be conveyed to City reviewed by experts of City's own choosing qualified to review title issues, and City is satisfied with respect thereto; (c) City has had this Agreement reviewed by legal counsel of City's own choosing whom City believes to be competent to review this Agreement and has chosen to execute this Agreement with the advise of such legal counsel; and (d) City accepts the property rights described in this Agreement, and is willing to purchase the PSE Property from PSE, in their" AS IS" "WHERE IS" condition, "WITH ALL FAULTS, DEFECTS OR DEFICIENCIES WHETHER PATENT, LATENT, KNOWN, OR UNKNOWN, WITHOUT RECOURSE TO PSE OF ANY KIND." 7, Notices. All notices required or permitted to be given hereunder shall be in writing and shall be personally delivered or sent by U.S, certified mail, return-receipt requested, postage pre-paid, and addressed as set forth below: [07772-2833/BA9711 50.00 1] -4- 7/30/97 (a) All notices to be given to PSE shall be addressed as follows: Puget Sound Energy Real Estate & Facilities Dept., OBC-11N P.O, Box 97034 Bellevue, W A 98009-9734 PHONE: (206) 454-6363 FAX: (206) 462-3591 (b) All notices to be given to City shall be addressed as follows: City of Bremerton c/o Mr. Ian R. Sievers, City Attorney 239 4th Street Bremerton, WA 98337 PHONE: (360) 478-5345 FAX: (360) 478-5161 Either party hereto may by proper notice to the other, designate such other address for the giving of notices as deemed necessary. All notices shall be deemed given on the day such notice is personally served or on the third day following the day such notice is mailed in accordance with this section. 8. Possession. Subject to the terms hereof, City shall be entitled to possession on closing. 9. Proration of Taxes. Rents. Etc. Taxes for the current year, water and other utilities constituting liens shall be prorated as of closing. 10. Closine: Costs. City shall bear and pay the cost of recording all of the documents to be recorded. City acknowledges that this agreement is in lieu of condemnation, and the parties shall execute a real estate excise tax affidavit indicating that the transaction is exempt from real estate excise tax. 11. Time. Time is of the essence of this Agreement. 12. Default. If there is an event of default under this Agreement by PSE (including a breach of any representation, warranty or covenant), City shall be entitled, in addition to all other remedies available at law or in equity, (a) to seek specific performance ofPSE's obligations under this Agreement or (b) to terminate this Agreement by written notice to PSE. If City elects to terminate this Agreement in accordance with this Section 16, neither party shall have any further rights or obligations under this Agreement. 13. Oral Agreements and ReDresentations. There are no oral or other agreements, including but not limited to any representations, warranties, or covenants which modify or affect this Agreement. PSE shall not be bound by, nor be liable for, any representations, warranties, or covenants made by any person, partnership, corporation or other entity unless such representations, warranties, or covenants are set forth in a written instrument duly executed by PSE. City acknowledges to PSE that in entering into this Agreement, City is not relying on any representations, warranties, or covenants except those expressly set forth herein. 14. Ae:ency Disclosure. PSE is not represented by any real estate agent; City represents, warrants and covenants that City is not represented by a real estate agent, or if City is so represented, City is solely responsible to such real estate agent for such real estate agent's commission. [07772-2833/BA971150.001 ] -5- 7/30/97 l5. AssilmIl1ent. City's rights under this Agreement are not assignable and City covenants not to assign its rights hereunder without the prior written consent of PSE. 16. Nonwaiver. The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provisions or rights in that or any other instance; rather, the same shall be and remain in full force and effect. 17. Amendment. No amendment, change or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to this Agreement executed by both parties. 18. Nonmer3er. The terms and provisions of this Agreement, including, without limitation, all of City's representations, warranties, covenants and indemnification obligations, shall not merge in, but shall survive, the closing of the transaction contemplated hereunder. 19. Negotiation and Construction. Each and every provision of this Agreement shall be given a fair and reasonable interpretation in accordance with the written words, without consideration or weight being given to which party (or their respective counsel) drafted the particular language and in no event shall language be strictly construed for or against either party. CITY PSE CITY OF BREMERTON PUGET SOUND ENERGY, INC. By~~ By: ~J,dL ~ Date: gftfff ~~ ~~~I,~~Uw~ ~(~ Its: Its: Director, Corporate Facilities ./I1.tl<U"s r J ,1997 ,1997 Date: [07772-2833/BA9711S0.001] -6- 7/30/97 Exhibit A Description of PSE Property That portion of Block 6, Bayview Addition to the Town of Bremerton, recorded in Volume 2 of Plats, page 58, records ofKitsap County, Washington, described as follows: Beginning at the West quarter comer of said Section 13, Township 24 North, Range 1 East, W,M., thence South 88026'00" East along the East-West quarter section line 809.03 feet to the centerline of Pacific Avenue; thence North 0056' 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'Be1va, to City of Bremerton, recorded in volume 46 of deeds, page 62, records of Kitsap County, Washington; thence North 21026'50" 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 50.25 feet; thence North 21028'50" West 90.06 feet; thence North 45049'13" East 190.55 feet; thence North 35005'25" West 12.87 feet; thence South 63033' 10" West 211.46 feet; thence South 1027' 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. [07772-2833/BA971150,OOl] 7/30/97 Exhibit B Description of Loftbus Property THAT PORTION OF BAY VIEW ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KIT SAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ALL OF LOT 4, THE NORTH 6 FEET OF LOT 5, ALL OF LOT 6 AND ALL OF LOT 7, EXCEPT THE SOUTH 30 FEET THEREOF OF BLOCK 5; LOTS 1, 2 AND 3 OF BLOCK 6; ALL OF BLOCK 4, EXCEPT FROM LOT 1 BLOCK 6, AND BLOCK 4, THE TWO PARCELS OF LAND DESCRIBED AS FOLLOWS: EXCEPTION A: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE WESTERLY ALONG THE SOUTH LINE OF BLOCK 4 TO A POINT WHERE A LINE DRAWN PARALLEL WITH AND 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT SAID SOUTH LINE; THENCE NORTHWESTERLY PARALLEL WITH AND 30 FEET DISTANT FROM SAID EASTERLY LINE A DISTANCE OF 200 FEET, MORE OR LESS, TO A POINT INTERSECTING THE WEST LINE OF SAID LOT 1, BLOCK 6, THENCE NORTHERLY ALONG SAID WEST LINE A DISTANCE OF 175 FEET, THENCE NORTH 620 EAST 250.00 FEET MORE OR LESS. TO THE WATERS OF PSE SOUND, THENCE SOUTHERLY ALONG THE SHORE TO THE SOUTHEAST CORNER OF SAID BLOCK 6; THEN IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTHERLY LINE OF BLOCK 6 TO A POINT ABOUT 14 FEET NORTHEASTERLY OF THE NORTHEAST CORNER OF BLOCK 4; THENCE SOUTHERLY ALONG THE STREET TO AN INTERSECTION OF THE EAST LINE OF SAID AID BLOCK 4; THENCE ALONG SAID EASTERLY LINE OF BLOCK 4 TO THE POINT OF BEGINNING. EXCEPTION B: ALSO EXCEPT BEGINNING ON THE SOUTH LINE OF BLOCK 4 AT A POINT WHERE A LINE DRAWN PARALLEL WITH AND 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT THE SOUTH LINE; THENCE NORTHERLY PARALLEL WITH AND 30 FEET DISTANT FROM SAID EASTERLY LINE OF BLOCK 4,140.4 FEET; THENCE SOUTHERLY 123.52 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID BLOCK 4 A DISTANCE OF 41.17 FEET WEST OF THE POINT OF BEGINNING: THENCE EAST TO THE POINT OF BEGINNING. ALSO EXCEPT FROM LOT 3, BLOCK 6, THE FOLLOWING: BEGINNING AT AN ANGLE POINT ON THE GOVERNMENT MEANDER LINE, SAID POINT BEING ON THE WEST MARGINAL LINE OF WATER STREET, AS SHOWN BY ALL HARBOR AREA MAPS; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHWESTERLY LINE OF LOT 3 BLOCK 6, A DISTANCE OF 300.00 FEET: THENCE SOUTH TO A POINT 50 FEET EAST OF THE POINT BEGINNING, THENCE WEST 50 FEET TO POINT OF BEGINNING, ALSO EXCEPT FROM ALL OF THE ABOVE DESCRIBED PROPERTY ANY TIDELAND INCLUDED THEREIN WHICH MAY BE OWNED BY THE STATE OF WASHINGTON AND WHICH WERE NOT INCLUDED IN THE STATE'S DEED RECORDED UNDER AUDITOR'S FILE NOS. 18561 AND 18562. [07772-2833/BA971150,OOl] 7/30/97 [07772-2833fBA971 150.00 1) Exhibit C 4/22/29 Indenture on Lofthus Property (attached hereto) 7/30/97 RC\ BY:Perkins Coie SEATTLE :) - 1 t - 97 4:20P\I 31.304/87642- 206 583 8500:;# 2 39~ EAWlm .. ,.... . ."1'" Tlotla INO'NTUfle:. "'... till. ~ _.___ d.rO,-_._.~prll.._. _". a. 111..3...9 b.t....,..ft 1P",r1... r ...,.~... and Huld.a .L9.tj;tn~La....b1. ~1t'e. h.,.lftolt.'dUd Iho GranIO,-L, ,.t1-t.c4...ollhlllrll ~1, .nd ,.uaET SOUND POW.R ... Lilli'll COMPAHY, . M...aohllMCta eor. ...,....... h.,olnotlo, '011.. tho G....I.'. "flr " lite ....". pari. WITNES8ETH: Tft.l Ih. (J'.nl"....... I., .... I.. ooll,ld"allon ...1 lit. ...m 01 '?OU 'P R",,~ -d no] ].~. I oou.... It .d.l'I(\a 00 ) ,.hl IIr III. (i,.nt.. 1,0 Ih. (J,anlor-L, ruolpl ...U,oof I. h.,.1I1 aokll....'.dttd, "'''Dr oonw01_ond _.II,:!ft~ ~, c:I~.~.'..:..~.~~...o... .n.. ~'Iu"" t", right. p,l,.,... and o..l"orlty to aOIl.t,vol, ".01, alt", 1m"...., r'lIa.r. oll.ma ''''1 -..: U"~JlUl1.Q;'1~~~c~~~'~. Su;,'- an~ '~1re8 \l~.11 to eupporl'the e,dJaoeot .,,.' ".,8".,1. ~n.n.1ll.1.e1on tow.r and . 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'hIM"n on tht &ttache<1 blue-J\r1nt (!Jlh1bl t '1 ).Itle further.agreU .that (Jrantor shaU han.,t,ll__d&hi...l2- ohn.n6~_1-b!Jn.ch(Jr nn.~...~_\'I'1reR to any other lOQ"Uon i provllUng the It\ncbor and r;u,)' '\'llree on O&!i! n.w loc....t.1on ,,111. In t.he op1n.l.Q1J_.Pt....1l1t...O:r.antee Ql!~;~ ..~ ..eta~.!8tac~orl1,y set tbti "anohor '.hown on the attached blue print (EXhibit *2). It 1. u"~~rflt.[]~d t.hA~ /lrante.UG ~eQ,p.~~~s.jA~_. "aII~~.!'_.tor tl}~ .J!.,,!rlloae or glqlnc~:a' .teel tow.r that now e:ld.te on a.dJaoent premhe.. In t.he nant. the .Aid. ir.tU.q.nLb,".1n..c1!!.j.I!J!L;,l.I!t~ltSe .~~!tl ap,qtlll!. .1Jl1.!l guy \Viru they'.hall make ea1d chanse o.t their own eXIltnRe aHel Shall not Int.erfere ..ff;h t.hf! ",ranta.. ~~Q~.llU.!LC__-P%,'..2G.!!,;:.~L~!t;jr1:;. tlu~ tl.r:.e._uj" !;~.!.!!f;_ .0.14 chanCe. To.olk., ...1\1\ "" ,lllht.t .11 tlm..lo tho Gr.nlee, ilo ...,._or. 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Grllnl... 110...00_0(1 or ........, ./I..1I ,.'....."...t1r ,_.... Hie "01... ...1,01 0"11 .pp..n.no,u,..lro.., ..11 10nU, ~. ....11.1......1.. ,I.'m.n.nll:...n.... 0.." "n.. II whloh IIrno .11 I\lon .10"11. 1111" p.l."".. ."d ",UII/,It} h.'tO} \I'I1I1\,Q ."all lo,l'/Iltlalo. I , . -' ~. -. ~ . ,.., ------,.. --.--.- ..I, ."""ni"'."" If' t t...... ,.,.,. ..... ,<,* 911\"1" .' ,.,\ "I,..rt'~ ... IN WITNE8S WHEAEO,", tll. ....,t_~l th, 11m perl h'_"gn.d .ncl ....ulad IM.ln.I'......t the aa, and ~ "rat &b0'l' . '"" .. . . . '. ..l..... ....~ written. ~~~..cJ.. ,~ ~'--) <. STAT. O~ WA.HINGTON, . .. ~ ........ ... '..U::~! COUNTY OF ~rr!JAr i' 'I, Ih. ..1Ic1.'.....d, . Not.... 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I"" i- .~- J' , f) :7 ,t!: "..' .:Joll"."'''' .. ' Ollthl,__cfayof. ., A. D., tl~_. b..... ",. ,..,""all,.pp."aoI .,;..... ..... (: '#:0098 889 90C: -C:T9L8L"tO~C l\dTc.:"t L6-TT-(: 3i.U\-.3S ?o:) s:ul>jJad:)"8"':)~ After Recording Return to: Perkins Coie 411 - 108th Avenue N.E. Suite 1800 Bellevue, Washington 98004 Exhibit D Document Title(s) (or transactions contained therein): 1. Quit Claim Deed 2. 3. Reference Number(s) of Documents assigned or released: (or page _ of document(s)) Grantor(s) (Last name first, then first name and initials): 1. Puget Sound Energy, Inc. 2. 3. 4. 0 Additional names on page _ of document Grantee(s) (Last name first, then first name and initials): 1. City ofBremerton 2. 3. 4. 0 Additional names on page _ of document Legal Description (abbreviated: i.e., lot, block, plat or section, township, range) Portion of Block 6, Bayview Addition to Town ofBremerton, Vol. 2 of Plats. page 58, Kitsap County, Washington. o Additional legal on page I of document. Assessor's Property Tax Parcell Account Number [07772-2833/BA9713S0.0 14) PAGE 1 7/29/97 After Recording Return to: Perkins Coie 411 - 108th Avenue N.E. Suite 1300 Bellewe, Washington 98004 Quit-Claim Deed Grantor, Puget Sound Energy, Inc., for and in consideration ofTen Dollars ($10.00) and other valuable consideration, in band paid., conveys and quit-claims to the City ofBremerton, a municipal corporation of the State of Washington ("Grantee"), the following described real estate situated in the County ofIGng, State of Washington, together with any after-acquired title of Grantor therein (the "Property") : That portion of Block 6, Bayview Addition to the Town of Bremerton, recorded in Volume 2 of Plats, page 58, records ofKitsap County, Washington, described as follows: Beginning at the West quarter corner of said Section 13, Township 24 North. Range 1 East, W.M., thence South 88026'00" East along the East-West quarter section line 809.03 feet to the centerline of Pacific Avenue; thence North 0056'13" 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 Q'Belva, to City of Bremerton, recorded in volume 46 of deeds, page 62, records ofKitsap County, Washington; thence North 21 ~6'50" 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 50.25 feet; thence North 21028'50" West 90.06 feet; thence North 45049'13" East 190.5S feet; thence North 3S005'2S" West 12.87 feet; thence South 63033'10" West 211.46 feet; thence South 1027'12" 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. A. GRANTOR'S CONVEYANCE IS SUBJECT TO: A perpetual easement, which Grantor reserves to itself, its successors and assigns, and excepts from this conveyance, over, under, along, across, through and upon the Property as follows: 1. Electric Transmission Easements for Existinl[ and Planned Facilities. 1.1 Grantor's Existinlz Transmission Facilities. Grantor shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge and use one or more PAGE 1 [07772-2833/BA971350.014) 7/29/97 electric transmission systems and/or distribution systems over and/or under the Property 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; communication and signal lines and cables; transfonners. (b) Underground Facilities. Underground conduits, cables, vaults, manholes, switches and transfonners; semi-buried or ground-mounted facilities such as pads, transfonners and switches. Graator'. transmilSion facilitia are currently operated at a nominal voltage of US kilovolt. ("kV"). However, Grantor anticipates the Deed, aDd Grantor raenu the right, to replace and/or add other, higher capacity, higher voltage, larger anellor taller facUities. For example, Grantor may replace the current transmiaioa facUitia with 130kV or higher voltage facilities. Ia coaaectioa with such replacemeat, Grantor may iastall taller, larger poIeI or towers. Without limitiag the generality of the forelOiag, Grantee has been informed and understand. that Grantor'. current plans anticipate replacement of the current transmission tower with a taller, stronger tower that will be installed on a larger, cement foundation, and this easement raen-a to Grantor the right to do so. 1.2 ~. Grantor shall have the right of access over and across the Property to enable Grantor to exercise its rights hereunder. 1.3 Rights-of-Wav Clearing and Maintenance. Grantor shall have the right to cut, trim. remove, control or otherwise dispose of any and all brush, trees and other vegetation presently existing on the Property. Grantor shall also have the right to control, on a continuing basis and by any prodent and reasonable means (provided that Grantor shall obtain Grantee's prior written approval of Grantor's use of any herbicide for such control), the establishment and growth of trees, brush and other vegetation upon the Property which could, in the opinion of Grantor, interfere with the exercise of Grantor's rights herein or create a hazard to Grantor's Facilities. 2. Grantee's Use of Property. Grantee may use the Property for purposes of the "Clean-up Work" (defined below), and may also use the Property for parking, lawn or other surface uses. Grantee may not use the Property for any other purpose or install any structure on, over or under the Property without Grantor's prior written consent, which Grantor may withhold or condition if and to the extent Grantor deems appropriate to assure that Grantee's use the Property is, in Grantor's opinion, not inconsistent with Grantor's easement rights reserved herein. 3. Abandonment The easement rights herein reserved with respect to Grantor's Facilities shall continue until such time as Grantor removes all of its Facilities (whether now existing or hereinafter constructed) from the Property and ceases to use the Property for the purposes specified in paragraph I for a period often (10) successive years, in which event this easement shall terminate as to such purposes. B. GRANTEE'S ENVIRONMENTAL COVENANTS, CONDmONS AND RESTRICTIONS Grantee agrees, by accepting this Deed, as follows: 1. Grantee shall conduct an environmental investigation of the Property including, without limitation, drilling, testing, soil and groundwater sampling and installation of monitoring wells on the Property. [Om2-2833/BA971350.0 14] PAGE 2 7/29/97 2. Grantee shall conduct such activities as may be required for remediation of the area including the Property ( the "Clean-up Work") in conjunction with a cleanup action plan approved by the Washington Department of Ecology ("Ecology"). With regard to the Clean-up Work, Grantee agrees to the following terms and conditions: (a) Before accessing the Property, Grantee shall give Grantor advance notice of when it wants to enter the site, and shall describe the proposed Clean-up Work, the schedule for the activity and the persons who would be entering the site. (b) If the proposed Clean-up Work involves any environmental investigation or remediation, Grantee shall provide Grantor with a written description of such activity, allow Grantor a reasonable time in which to comment on the proposed activity and consider, in good faith, any comments timely submitted by Grantor. (c) Grantee shall coordinate the time and manner of any Clean-up Work such that Grantor may be able to have its own observers present, at Grantor's expense, during any Clean-up Work. (d) Grantee shall provide Grantor with copies of all data, reports and information generated by or for Grantee with respect to the Clean-up Work or regarding the proposed cleanup, if any, of the area including the Property. Grantee shall do SO promptly upon its receipt or generation of such data and information. The parties agree that such data, reports and information shall be confidential and shall not be disclosed to any third parties without the prior consent of the other party except that (i) either party may disclose such to a governmental agency if, in its sole determination, such reporting is required by applicable laws, (ii) either party may disclose such to its consultants or advisors for the purpose of evaluating the environmental conditions of the Property or the surrounding area, (iii) Grantee may disclose such information to Ecology or the Environmental Protection Agency for the purpose of negotiating or obtaining approval of cleanup plans for the area, including the Property or (iv) Grantee may disclose as required by public disclosure laws. (e) Grantee shall have all Clean-up Work performed at its sole expense, in accordance with any and all applicable laws, order, rules, regulations, decrees, and orders of any public authority having jurisdiction and in a good and workmanlike manner. Grantee shall not seek any recovery from Grantor of any costs associated with or resulting from the Clean-up Work. (f) Grantee shall assure that the Clean-up Work is performed so as to not damage the Property, unreasonably interfere with Grantor's normal use of the Property or any part thereof or create any dangerous, unhealthy, unsightly, nuisance or noisy condition on the Property. Grantee shall remove any wastes created by the Clean-up Work. (g) Upon completion of the Clean-up Work, Grantee sball at its sole cost and expense restore the Property to the same condition that it was in prior to the start of the Clean-up Work, including without limitation. removal of any groundwater wells installed as a part of the Clean-up Work. (h) If Grantee enters into an agreement, order or decree with Ecology for the remediation of an area that includes any portion of the Property, Grantee shall use its best efforts to obtain Ecology's agreement that Grantor receives the same covenant not to sue and contribution protection that Grantee receives from Ecology. (i) Grantee assumes responsibility for, releases and shall indemnify, defend and hold harmless PSE and its officers, directors, employees, agents, and affiliates from any and all damages, PAGE 3 7/29/97 [07172-2833IBA9713'O,O 14] claims, demands, liabilities. liens. costs and expenses, including. without limitation, reasonable attorneys' and consultant's fees ("Claims") arising from or resulting from the presence or release of any hazardous substance or material, on, under or adjacent to the Property or in any way arising from or related to the Clean-up Work, including without limitation Claims of governmental agencies, third panies or City's employees, except and only to the extent the presence or release of any such hazardous substance or material is caused by the negligence of PSE or its employees or agents occurring following the date of Grantee's acceptance of this Deed. MISCELLANEOUS PROVISIONS 1. follows: Notices. Notices required to be in writing under this Agreement shall be given as If to Grantee: City ofBremerton clo Mr. Ian R. Sievers, City Attorney 239 4th Street Bremerton, WA 98337 PHONE: (360) 478-5345 FAX: (360) 478-5161 If to Grantor: Puget Sound Energy Real Estate &. Facilities Dept., OBC-IIN P.O. Box 97034 Bellevue, W A 98009-9734 PHONE: (206)454-6363 FAX: (206) 462-3591 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States mails, 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. 2. Successors and AssiWS. Grantor shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in or under this Agreement Without limiting 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, assigns, lessees and tenants. 3. Aoplicable Laws. The laws of the State of Washington shall govern this Deed. This Deed, the easement reserved to Grantor herein, and the other rights and obligations of the parties hereunder, shall inure to the benefit of and be binding upon the respective successors and assigns of Grantor and Grantee. [Om2-2833/BA9713S0.0 14] PAGE 4 7/29197 IN WITNESS WHEREOF, the parties hereto have executed this Deed. GRANTOR GRANTEE Puget Sound Energy, Inc., a Washington corporation The City of Bremerton, a municipal corporation of the State of Washington By: By: Its: Its: STATE OF WASHINGTON ) ) ss. ) COUNTY OF On this _ day of , 199-, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared , to me known to be the person who signed as ofPuget Sound Energy, Inc., 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 was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my band and official seal the day and year fIrst above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ) ) ss. ) COUNTY OF On this _ day of , 199-, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared , to me known to be the person who signed as of the City ofBremerton, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated PAGE S 7/29/97 [Onn-2833/BA971350.0 14] that _ was authorized to execute said instrument and that the seal affixed, if any, is the seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: [07772.2833/BA9713~O.O 14) PAGE 6 7/29/97