HomeMy WebLinkAbout801686 RIGHT OF WAY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, CITY OF BHEMERTON, a Municipal Corporation, whose
address is Bremerton, Washington, hereinafter styled Grantor, for and in consideration
of the sum of Ten and No/lO0 Dollars ($10.00) and other good or valuable consideration,
in hand paid by CASCADE NATURAL GAS CORPORATION, hereinafter styled Grantee, receipt
of which is acknowledged, does hereby grant and convey unto said Grantee, its success-
ors and assigns, the right to select the route for and construct, maintain, inspect,
operate, protect, repair, replace, alter and remove a pipeline or pipelines with appur-
tenances thereto, on a right of way 50 feet in width over and through the following
described lands, of which Grantor warrants that it is the owner in fee simple, situat-
ed in the County of Kitsap, State of Washington, to-wit:
Beginning at the Southeast corner of the Northeast quarter of Section
31, Township 24 North, Range 1 East W.M.; thence North 633' along
section line to south property line of old Navy Yard Road; thence
West 602.6' to true point of beginning;~a~-South 32°48, West 710';
thence South 13°40' West 1230'; thence South 22o10' West 820' to West
property line of the City of Bremerton Water Shed.
This grant is made upon the following terms, conditions, and covenants:
1. Insofar as Grantor has the right so to do, Grantor further gra~ts and
conveys unto Grantee rights ~f ingress and egress to and from said right of way nec-
essary to the exercise of the rights granted hereunder, including the use of existing
and future roadways, whether such roadways be over and across the land particularly
described above or elsewhere.
2. The Grantee shall make no excavations or do any major construction work
upon said premises during the months of September, October, November, December, or
January of any year, except clearing may be permitted in areas as designated by water
Supply Supervisor.
3. Prior to the installation of any pipeline upon said premises, the Grantee
log said premises wherever necessary, in accordance with the logging ~ractices
shall
within the State of Washington and shall cut no trees higher than eighteen (18) inches
from the ground, and all logs shall be yarded out to the nearest road by the Grantee.
A log is defined as anything twelve (12) feet long with a six (6) inch top, and all
logs this size or larger shall be cut and yarded by the Grantee. Title to all logs
shall remain in the Grantor.
4. The Grantor shall have the right to cross said right of way with such
roads~ pipelines, or engineering work as may be required in the future development or
operations of its water supply or distribution system and in doing such work shall
take such precautions so that the installation of the Grantee shall be protected and
its use uninterrupted during such work.
5. In consideration of this grant the Grantee shall pay to the Grantor any
increase in the cost of pumping water by the Bremerton Municipal Water Supply System
caused by the Grantee's operation by which the source of supply is discolored or the
water is made turbid, after such fact has been determined by qualified Representatives
as designated by Grantor and Grantee.
6. During temporary periods Grantee may use such portions of said property
along and adjacent to said right of way as may be reasonable necessary in connection
with construction of its facilities, when approved by Grantorfs Representative.
7. The Grantee shall make all payments as required herein to the City
Treasurer of the Grantor.
8. Any pipeline constructed by Grantee across lands under cultivation shall,
at the time of construction thereof, be buried to such depth as will not interfere with
such cultivation.
9. The Grantee shall have the right to assign this grant in whole or in
part including, without limitation, the right of assignment under any presently out-
standing or future mortgages given to secure any bonds or other bona fide indebted-
ness of the Grantee.
10. It is agreed that this grant covers all the agreements between the
parties hereto and that no representations or statements, verbal or written, have
been made, modifying or adding to or changing the terms of this agreement.
11. The terms, conditions and provisions of this contract shall extend to
and be binding upon the successors and assigns of the parties thereto.
12. TO HAVE AND TO HOLD said right of way and easement unto the said Grantee,
its successors and assigns until a pipeline to be constructed and so long thereafter
as any pipeline, or pipelines, is maintained thereon.
IN WITNESS WHEREOF the Grantor herein has executed this conveyance this
CITY OF BREMERTON, a Municipal Corporation
Z ..... GitY Clerk
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On This 17TH day of ~.P~IL , 1963, before me personally
appeared RUTH C. CULLIN and E.H.T. McGowAN , to
me known to be the ACTING MAYOR and CITY CLERK of the
City of Bremerton, a Municipal Corporation of the State of Washington, that executed
the within and foregoing instrument and acknowledged said instrument to be the free
and voluntary act and deed of said city for the uses and purposes therein mentioned,
and on oath stated that they were authorized to execute said instrument and that the
seal affixed is the corporate seal of said city.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written. '"'"'
Notary Public in and f~ th~ ~a~. 0f
Washington, residing atBREH~RT~,