HomeMy WebLinkAbout1141357 - Eugene & Laura McClintock - Contract ROW- AgreementAGREEI{ENT
THIS AGREEMENT' made and entered into this 1'2th day sf August ,
Lg76 between Euqene F.and ta'ura McClintoct(
hereinafter referred to as PROPERTY OWNER(s) and the CITY OF PORT ORCHARD,
hereinafter referred to as CITY;
WHEREAS, the CTTY is planning to construct a water transmission main
through easements granted by the PROPERTY OWNERS;
WHEREAS, the construction of this water main will require 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;
WHEREAS, the construction of this water main will require that organic
material be removed from peat bog area(s) located within the easements;
WHEREAS, the construction of this water main will require that minor
earthwork be performed within the easements;
NOW, THEREFORE, in consideration of One Dollar and other premises,
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 will 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 where organic or peat-type material
is replaced with granular backfill the CITY will restore the
ground surface to its original profile as close as possible
and that the area will be seeded to grass but no trees or
other vegetation will be replaced.
3. It is mutually agreed that Lhe CITY will make the necessary
earthwork and, drainage rnodifications to proyide an acceptable
route for the water rnai-n and that the area will be seeded to
grass but no trees or plants will be replaced.
4. It is mutually agreed that after the water main has been in-
stal-led and the area seeded, the CITY could. maintain the per-
manent easement in a treeless condition.
5. It is mutually agreed that the PROPERTY OWNER(s) will not
hold the CITY responsible for any other restoration not
included in this agreement.
6. ft is mutually agreed that the CTTY will retain and dispose
of all cleared and grubbed vegetative material.
7. It is mutually agreed that the PROPERTY OWNBR(s) will notify
the CITY of any construction or other activity that will take
place in the vicinity of the pipeline facility L4 calendar days
prior to beginning of the activity.
8. It is mutualJ-y 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 following the Department of Natural Resources Interim
Forest Practice Rules and Regulations to the CITYr s contractor.
9. It is mutually agreed that the CITY may dispose of organic
material on the northern 270'+ along the north/south property
line within the easement. The area could be raised L-L/2t+.
If additional disposal area is required, the CTTY may raise
the area of excavation by l-L/2t+.
IN WITNESS THEREOF, the parties hereto have executed this agreement
as of the day and year first above written.
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