HomeMy WebLinkAbout1145961 - Michael Charles & Elizabeth Staats - Contract ROW- AgreementAC.REM4MII
TIIIS AGREEMS{T, rnade and entered into this
1976 between Michael Charles Staats and Elizabeth A.
of
to as PROPERIY CI^/NER and tLre CITY OF PORT ORCHARD, hereinafter referred to as CITy;
WIIERF,AS, the City is planning to conslruct a water transrnission rna-in
through easements granted by the PROPERTV OViIfEnS;
UJIIEREAS, the construction of thris water main will requ:i-re that tLre
p,emunent easements be cleared and grubbed of all trees and vegetation and the
terporarlz easement be cleared of some trees and vegetation, prj-or to the jnstal-
lation of the pipe line facilities;
II/IIEREA,S, t}le construction of thris water nrain will require that organ:lcmaterial beren^ovedfrom peat bog area(s) located within the easenents;
MIEREA,S, the construction of tLr-is water main will require ttrat nrilor
earthwork be performed withrin the eassnents;
NOW, TEIEREFORE, in consideration of T\uo Hr:ndred Dollars ($200.00) and
othler prcrnises, covenants, conditions, and perfomnnces contained herein, the parties
hereto agree as follows:
1 It is mutually agireed that after installation of the water
main, the CITY will retunr the easements to their original
ground surface profile as close as possible and that tLre
entj-re area will be seeded to grass but no trees or other
vegetation vflilI be replaced.
It is mutually agrreed that vd:ere organic or peat-type
material is replaced with gnanular backfitl the CITY will
restore the groi:r-rd surface to its original profj-Ie as close
as possible and tLrat the area will be seeded to grass but
no.- trees or other vegetation will be replaced.
3. ft is rrutually agreed that ttre CIff will make the necessanz
earthwork and drainage nodifications to provide an
acceptable route for the water rnain and that the area will
be seeded to grass but no trees or plants will be replaced.
4. It is nn:tually agreed ttrat after the water main has been
installed. and the area seeded, the CITY could maintain
the penrranent easement in a treeless crcndition.
5. It is nn:tua11y agreed thrat ttre CITY will clear from tLre
tenporatlz construcbion easement only tJrose trees reasonably
necessar)z to construct ttre aforementiOned water main;
PROPERTY OI/il\IER shall- retain ovmerslr-ip and possession of
any trees cleared from the temlnrary or pennanent easenents,
provided, however, CITY shall remcve and dispose of any
such trees if a demand. therefor is given witLr-in 10 daysof clearing by PROPERTY C[!I,{ER or his autLrorized agent,
I4r. F. D. Staatsr CITY will retain and dispose of all
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other cleared ard grubbed vegetative materials.
.5. It is nn:tualIy agireed tlrat the PROPERTf OVNER(S) will
notify tLre CIT( of any construction or other activity
that will talce place in tLre vicinity of ttre pipeline
facility 14 calendar days prior to beginning of thre
activity.
IT WITI{ESS THEREOF, the parEies hereto have o<ecuted this agreenent
as of tlre day and year flrst above \,flritten.
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MICHAEL CHARI,ES STAATS
OF ORCHARD
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AGREEMENT
THIS AGREEMENT, made and entered into thrs
6A day of C * , 1976, between Michael Charles Staats
and Elizabeth A. staats, herei-nafter referred to as pRopERTy
OWNER and the City of Port Orchard, hereinafter referred to as
CITY i
I{HEREAS, the CITY is planning to construct a
water transmission main through easements granted by the PROPERTY
OI{IiIERS;
I^/HEREAS, the construction of this water mai-n
will require that the permanent easement be cleared and grubbed
of all trees and vegetation and the temporary easement be cleared
of some trees and vegetation, prior to the installation of the
pipe line fac.j-1j-ties;
WHEREAS, the construction of this v,rater main wil-l-
require that minor earthwork be performed within the easement:
NOW THEREFORE, in consideration of those monies
set forth in a previous agreement between the parties hereto
dated September 9, 7976, and other promises, covenants, conditions
and performances contained herein, the parties hereto agree as
follows:
1. It j-s mutually agreed that the pROpERTy OWNERS
convey to the crrY the right to sign all Forest practices Act
Applications, Notifications and other documents necessary for
construction within the easement and that the crry can convey
the responsibility for following the Deparrnent of Natural
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Resources Interim Forest Practice Rules and Regulations
to the CITY's Contractor.
IN WITNESS WHEREOF, the parties hereto have
executed this ag reement on the da y and year first written above.
AAT
I H A.s
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