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HomeMy WebLinkAboutCity of Port Townsend - Puget Sound Energy - Parcel 989700506551886 PGS:3 EASE 05119/2010 01:55 PM $64.00 JEFFERSON TITLE CO INC Jerrerson County WA Auditor's Office - Donna Eldridge, Auditor ®III h�".�l3 6W. I4ilh'IIKJ. lM? IVA 1-111i4;Rh 11111 RETURN ADDRESS: Puget Sound Energy, Inc. NO REAL ESTATE Attn: ROW Department EXCISE TAX REQUIRED 6522 Kitsap Way JEFFERSON COUNTY TREASURER Bremerton, WA 98312 (� EASEMENT REFERENCE #: GRANTOR: CITY OF PORT TOWNSEND GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: SW- SW- 01- 30N -01W ASSESSOR'S PROPERTY TAX PARCEL: 989 - 700 -506 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 over, under, along across and through the following described real property ( "Property" herein) in JEFFERSON County, Washington: LOT 8 IN BLOCK 5 OF THE ORIGINAL TOWNSITE OF PORT TOWNSEND, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS ON PAGE 1, RECORDS OF JEFFERSON COUNTY AND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 30 NORTH, RANGE 1 WEST. 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: A�meRt AFea feet in width having feet of Such width dth ^ aGh Side ^f�e.,^'°� NORTHWESTERLY PORTION OF LOT 8 BEING THE NORTHERLY 65 FEET OF THE WESTERLY 15 FEET OF THIS LOT AS SHOWN ON EXHIBIT "A ". 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 may include, but are not limited to: Underground Facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi - buried or ground - mounted facilities and pads, manholes, meters, 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. UG Electric 10/2003 105060276 RW- 075377 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 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 � day of '�i zLL 2010 GRANTOR: CITY OF PORT TOWNSEND BY:. ` -.--- [SUS c l e fs"- 4Pr AOa T(,tA —bns Cc47 tAAc,,,.a?1-- t BY: STATE OF WASHINGTON ) ) ss COUNTY OF ) On this -21* day of n [ , 2010, before me, the unde!r� igned, ia NotaxyJ��ic in and for the State of Washington, duly commis ioned and sworn, personally app ared K 2f1f� a (' to me known to be the person who signed as KPn o,.-. of CITY OF PORT TOWNSEND, the 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 -0 was authorized to execute the said instrument on behalf of said CITY OF PORT TOWNSEND. Notary Seal, teM and all notations must be inside V margins 105060276 RW- 075377 I ii fv'