HomeMy WebLinkAbout1166255 - Elmer & Paulette Torgusen - Contract ROW - AgreementAGREEMENT
THIS AGREEMENT, made and entered into this /1/ day of
f)).,r-,-", Ig7A, between ELMER H. TORGUSEN and pAULITTE
TORGUSEN, 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 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;
NOW THEREFORE, in consideration of One Hundred Seventy-five
($175.00) Dollars paid 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 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 after the water main has been
installed and themea seeded, the CITY could maintain
the permanet easement in a treeless condition.
3. It is mutually agreed that the PROPERTY OWNERS (s) will
not hold the CITY responsible for any other restoratj-on
not included in this agreement. )
4. It is mutually agreed that theCITY 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 vicinity of the pipeline
facility 14 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 neces-
sary for construction within the easement and that the
CITY can convey the responsibility for following the
Department of Natural Resources Interim Forest Practice
Ru1es and Regulations to the CITYTS contractor.
IN WITNESS THEREOF,' the parties hereto have executed this
agreement as of, the day and year fj-rst above written.
ELMER H.
LE-ftx"f,onGusEN
TY ORCHARDc
PAUL POWERS, Mayor
ATTEST:
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