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HomeMy WebLinkAboutCity of Port Townsend - Puget Sound Energy - Parcel 991801023RETURN ADDRESS: Puget Sound Energy, Inc. Attn: R!W Department 6522 Kitsap Way Bremerton, WA 98312 EASEMENT REFERENCE #: GRANTOR: CITY OF PORT TOWNSEND GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: PTN OF THE NE NE 8 -29 -1W ASSESSOR'S PROPERTY TAX PARCEL: 901 -081 -023 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF PORT TOWNSEND, a Washington 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: A STRIP OF LAND DEEDED TO THE CITY OF PORT TOWNSEND, A MUNICIPAL CORPORATION, BY DEED DATED JANUARY 25, 1928, RECORDED IN VOLUME 96 OF DEEDS, PAGE 291 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF SECTION 8, TOWNSHIP 29 NORTH, RANGE 1 WEST, W.M., WHICH IS NORTH 77 °53' WEST 16.75 FEET DISTANCE FROM THE CENTER LINE OF THE PROPOSED WATER SUPPLY LINE FOR THE CITY OF PORT TOWNSEND, AS THEN LOCATED AND STAKED OUT ACROSS SAID PREMISES, SAID POINT BEING ALSO 23 FEET, MORE OR LESS, WEST FROM THE NORTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 12 °7' WEST, PARALLEL TO SAID CENTER LINE, A DISTANCE OF 690 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID PREMISES; THENCE EAST ALONG THE SOUTH LINE OF SAID PREMISES, A DISTANCE OF 17 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY BOUNDARY LINE OF THE PORT TOWNSEND GRAVITY WATER WORKS SYSTEM RIGHT OF WAY; THENCE IN A NORTHERLY DIRECTION ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 690 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SECTION 8, THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 8, TO THE POINT OF BEGINNING. 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 €asement -Area feet in width feat of suGh Of 4 described -as- fellows: A TEN (10) FOOT WIDE STRIP OF LAND, CENTERED TWELVE (12) FEET SOUTH OF THE MONUMENT FOR THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 29 NORTH, RANGE 1 WEST, W.M., CROSSING PERPENDICULAR TO THE PARCEL AS DESCRIBED ABOVE AND AS DELINEATED ON EXHIBIT "A" ATTACHED HEREIN AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such systems may include, but are not limited to: a. Overhead facilities. Overhead facilities only; PG,.eC, +G...e.G 4 th` NNo t structures with sressauns;- braGes, gays and - washers electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing; a ;d. b. Und8Fgr9und faGilities. Goridtits lines, Gables, vaults, '4 h d fermers —fer electricity, pipes-p'., iRP. i.,+o.c'°, ,nduit g bte and ether lines -sable ^� ru Q -,as;, ter{ �� F^ GOMMURiGatlens; rgraand -rr} hmentc and n.d all Other faGi4ties--- or-- appu#enaRGas ReGessary-G.Fconvenient to any GF G!! Of the fOre. gOing- OH /UG Gas & Electric Easement 1111998 eWONO» «OPMAP» 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 give three (3) days prior notice to grantee before grantor undertakes any work in the easement area, EXCEPT for emergency work; in the event of an emergency where advance notice is not practical, then grantor shall notify grantee as soon as possible after the emergency concerning the situation. 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. The above is subject to Grantor's prior written approval, which shall not be unreasonably withheld. 3.- Tree ^ + :c'_ °_ __... t m{ J ese -o# -any +re nrat`d On the P n�r+y +o'.+e� 4L.,� C-. + � .. iH 4 I.1, �' udgmeRt, iRt8ffeF9 X ,., ... ,y.. make-a reavonab1- ee rior teV r. ed - � eO P d , r - s+�p,. e �sn e--d a.. r.e,d # /even + {hr± Gmine &42,11 n to identify nh trees OF give (.t such prior n +' h Out, tFi med r +Rheas e d•- e a se to am vgensy --se , .....,_ ..,p,..,..�o moo, rr ..r disposed of ev.. s- 6a� #rimmeEl� remove disposed _ ..__rt -# et.- 1.- ��, +.,4.1.. timber (f --ny) -nut �nrl f +has Oroperty by Grantee' 4. 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. 5. 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. 6. 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. 7. 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. DATEI�t ' day of .2001. GRAN OR: Cl O P RT TOWNSEND BY: i David V`. Timmons City Manager Attest Pam Kolacy, City Clerk' r/ Approved as to form: John Watts, City Attorney STATE OF WASHINGTON ) ) ss COUNTY OF JEFFERSON ) On this 9' day of � �' - 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared David G. Timmons, to me known to be the person who signed as City Manager of CITY OF PORT TOWNSEND, a Washington municipal corporation, the municipality that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of CITY OF PORT TOWNSEND, a municipal corporation for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said CITY OF PORT TOWNSEND, a municipal corporation. IN WITNESS WHER{ PF,. , have hereunto set my hand and official seal the day and year first above written. L °x �8 1 (Signature of Notary l4 7-,q j (Print or stamp name of Notary) 1J8 �LIC NOTARY PUBLIC in and for the State of °6 r0 "�lJ el Washington, residing at /i�itL dFtv�C3.dr/G;l My Appointment Expires: 0&-10-2,A9 2,A9 03/06/01 {PTEase Rev} _Z_ i - POWER/ WATER LINE CROSSING 10•_6•• /' LATITUDE: 48' 01' 39.082" N LONGITUDE: 122' 49' 18.138" W / • ' I' DIRECT BURIAL PSE POWERLINES / I i i I i DITCH ROAD � y\ `\ VAULT - -30" WATER PIPE KUAL VOICESTREAM /PSC POWER LINE CROSSING UNDER CITY OF PORT TOWNSEND WATER LINE ;APPROXIMATELY ,L00 FEET EAST OF l7 "7 SOUTHPORT LANE, PORT TOWNSEND WA.) PLAN VIEW PAGE 1 OF 2 `"' REGISTERED 11 \)) ARC ITECi ' W. KNO FITz CK, IN STATE OF WASHI GTON e t W. KnoK Fitzppaatdck III, Architect & Associaies Wood Creek Business Park 12810 N.B 178th Street Suite 230 Woodihh,, WA 98072 W le:1 ia m1125, 415 -0799 DATE: 8/15/00 DRAWN BY: JFO CHECKED BY: OJM REVISIONS DATE DESCRIPTION ma /Slip 9 -3 -99 FIN.=._ CD'S J6K SITE NUMBER SE- 6105 -B PT ANDERSON LAKE JEFFERSON COUNTY, IV,, ELECTRICAL CROSSING OF P.T. WATER LINE all LEGAL DESCRIPTION OF CROSSING: A TEN (10) FOOT WIDE STRIP OF LAND, CENTERED TWELVE (12) FEET SOUTH OF THE MONUMENT FOR THE NE CORNER OF SECTION 8, T29N,R1W,W.M, CROSSING PERPENDICULAR TO THE PARCEL AS DESCRIBED DELOW: A STRIP OF LAND DEEDED TO THE CITY OF PORT TOWNSEND, A MUNICIPAL CORPORATION, BY DEED DATED JANUARY 25, 1928, RECORDED IN VOLUME 96 OF DEEDS, PAGE 291 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF SECTION 8, TOWNSHIP 29 NORTH, RANGE 1 WEST, W.M., WHICH IS NORTH 7753' WEST 15.75 FEET DISTANCE FROM THE CENTER LINE OF THE PROPOSED WATER SUPPLY LINE FOR THE CITY OF PORT TOWNSEND AS THEN LOCATED AND STAKED OUT ACROSS SAID PREMISES, SAID POINT BEING ALSO 23 FEET, MORE OR LESS, 'WEST FROM THE NORTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 12'7' WEST, PARALLEL TO SAID CENTER LINE, A DISTANCE OF 69C FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID PREMISED; THENCE EAST ALONG THE SOUTH LINE OF SAID PREMISES, A DISTANCE OF 17 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY BOUNDARY LINE OF THE PORT TOWNSEND GRAVITY WATER WORKS SYSTEM RIGHT OF WA; THENCE IN .A NORTHERLY DIRECTION ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 690 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SECTION E, THENCE WEST ALONG THE NORTH LINE OF SAID SECTION, TO -HE POINT OF BEGINNING_ 2" POWER 30" WATER RED/YELLOW "CAUTION" TAPE PLACED :N DITCH HORIZONTAL REFERENCE LINE ABOVE CONCRETE -\ 12" LAYER OF RED CONCRETE OVER CONDUIT NOTES: 1. 2'' ELECTRICAL CONDUIT 6 FEET BELOW WATER PIPE. 2. 12" RED CONCRETE PLACED OVER ELECTRICAL CONDUIT FOR PROTECTION. ' 3. RED/YELLOW "CAUTION TAPE" P IN THE DITCH ABOVE CONCRETE. 15' EASEMENT EXHIBIT A PAGE 2 OF 2 30' CITY OF FORT TOWNSEND EASEMENT SEC"C`N ('ORNFR I11 UMFNT NE CORNER, SECTION IS I - TOWNSHIP 29 NORTH RANGE i 'NEST, W.M. JEFFERSON COUNTY WASHINGTON. LATITUDE: 48' 01' 39.2217" N LONGITUDE: 122' 49' 18.1966" W 8' -6'• 2" POWER 30" WATER RED/YELLOW "CAUTION" TAPE PLACED :N DITCH HORIZONTAL REFERENCE LINE ABOVE CONCRETE -\ 12" LAYER OF RED CONCRETE OVER CONDUIT NOTES: 1. 2'' ELECTRICAL CONDUIT 6 FEET BELOW WATER PIPE. 2. 12" RED CONCRETE PLACED OVER ELECTRICAL CONDUIT FOR PROTECTION. ' 3. RED/YELLOW "CAUTION TAPE" P IN THE DITCH ABOVE CONCRETE. 15' EASEMENT EXHIBIT A PAGE 2 OF 2