HomeMy WebLinkAbout1152425 - Benjamin & Evelyn Duke - Contract ROW - AgreementAGREEMENT
Z/u^y orTHIS AGREEMENT, made and entered into this
, I976t between BENJAMIN H. DUKE and EVELYN L. DUKE,
husband and wife, hereinafter referred to as PROPERTY OWNER(s) and the
CITY OF PORT ORCHARD, hereinafter referred to as CITy;
WHEREAS, the CITY is planning to construct a water transmission
main through easements granted by the PROpERTY OWNERS;
WHEREAS, the construction of this water rnaj-n wil-l requi-re that
the temporary construction and the permanent easements be cleared and
grubbed of all trees and vegetation prior to the installation of the pipe
line facilities;
NOW THEREFORE, in consideration of One Hundred Twenty-five
($125.00) Dollars pai-d as an appraiserrs fee and other promises, covenants,
conditions and performances contained herein the parties hereto agree as
follows:
1. It is mutually agreed that after installation of the water
main, the CITY v,rilI return the easements to their original
ground surface profile as close as possible and that the
entire area will be seeded to grass but no trees or other
vegetation will be replaced.
2. It is mutually agreed that after the water main has been
installed and the area seeded, the CITY could maintain the
permanent easement in a treeless conditi-on.
3. ft is mutually agreed that the PROPERTY OVINERS(s) will not
hold the CITY responsible for any other restoratj-on not
included in this agreement.
4. It is mutually agreed that the CITY will leave all of the
timber which is removed as a result of the construction of
water transmission main through easements granted by PROPERTY
OWNER(s) for the PROPERTY OWNERS (s), The CITY will- retain
and dispose of all- cleared and grubbed vegetative material.
5. It is mutually agreed that the PROPERTY OWNER(s) will
notify the CITY of any construction of other activity that
will take place in the vici-nity of the pipeline facility
L4 calendar days prior to beginning of the activity.
6. It is mutually agreed that the PROPERTY OWNER(s) conveys
to the CITY the right to sign all Forest Practices Act
Applications, Notifications and other documents necessary
for construction within the easement and that the CITY
can convey the responsibility for fol-lowi-ng the Department
of Natural Resources Interim Forest Practice Rules and
Regulations to the CITYTS contractor.
IN I^TITNESS THEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
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BENJfuTJN H. DUT<S
YNL DUKE
PAUL POWERS, Mayor
ATTEST:
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