HomeMy WebLinkAboutCity of Port Townsend - Puget Sound Energy - Parcel 001032003RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
6522 Kitsap Way
Bremerton, WA 98312
555571 PGS:2 EASE
11105/2010 03:54 PM $63.00 JEFFERSON TITLE CO INC
Jefferson County WA Auditor's Office - Donna Eldridge, Audi for
mill 1AWAA I&AMEAW01WINIA, 11111
EASEMENT
NO RIN- ESTP.T;-
REFERENCE #: E; i,l'_ E TP y "I Qi I!I'FD
GRANTOR: CITY OF PORT TOWNSEND JEFFERSON COi -,ii Y fi?
GRANTEE: PUGET SOUND ENERGY, INC. r 1
SHORT LEGAL: NE- NE- 03- 30N -01W FY:
ASSESSOR'S PROPERTY TAX PARCEL: 001- 032 -003
For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF PORT
TOWNSEND, a municipal corporation, ( "Grantor" herein), hereby conveys and warrants to PUGET SOUND
ENERGY, INC., a Washington Corporation ( "Grantee" herein), for the purposes hereinafter set forth, a
nonexclusive perpetual easement under, along, across and through the following described real property ( "Property"
herein) in JEFFERSON County, Washington:
TAX 34 — A STRIP ADJACENT AND PARALLEL TO PARCEL 001031005, ALSO
ADJACENT AND PARALLEL TO PARCELS A AND B OF PORT TOWNSEND
ECOVILLAGE RECORDED AT AFN +f`(�{ /8l,' LYING WITHIN THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 30 NORTH,
RANGE 1 WEST OF JEFFERSON COUNTY, STATE OF WASHINGTON.
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property
( "Easement Area" herein) described as follows:
An Easement Area TEN (10) feet in width having FIVE (5) feet of such width on each side of a centerline
described as follows:
THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED,
TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE
ABOVE DESCRIBED PROPERTY.
1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale
of electricity. Such systems are limited to:
Underground Facilities. Conduits, lines, cables, ,molts S tGheS and tFaRSf9"^,^"8 for electricity;
a
fiber -Opt ls -sable a- ,..,id- aridGables ^Rd a,,...
mounted- facilities -and pads, manhe'^° m^*^•° fixtures, attachments and any and all other facilities
or appurtenances necessary or convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct
such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement
Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate
Grantor for any damage.to the Property caused by the exercise of such right of access by Grantee.
2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of
any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a
continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other
vegetation in the Easement Area.
3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any
buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of
Grantee's facilities without Grantee's prior written consent.
4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result
of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the
negligence of others.
5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights
hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property
UG Electric 1012003
105062500 RW- 076444 CITY OF PORT TOWNSEND
of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's
failure to initially install its systems on the Easement Area within any period of time from the date hereof.
6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or
all of its rights, benefits, privileges and interests arising in and under this easement. 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 and assigns.
DATED this -2-%a day of U C , 2010.
GRANT E CI OF1`Q T TOWNSEND
6Y:
DAVID TIMMONS, CITY MANAGER
BY:
STATE OF WASHINGTON )
)ss
COUNTY OF JEFFERSON )
On this —) --7 day of c-, C r— 2010, before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared t) i 1, -- I
to me known to be the person who signed as C rT7 of CITY OF PORT
TOWNSEND, the municipal corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be his /her free and voluntary act and deed and the free and voluntary act and deed of CITY OF PORT
TOWNSEND for the uses and purposes therein mentioned; and on oath stated that /-Fr✓ "was authorized to execute
the said instrument on behalf of said CITY OF PORT TOWNSEND.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
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NOTAY�Y PUBLIC in and for the State of Washington
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Notary seal, text and all notations must be inside V margins
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