Loading...
HomeMy WebLinkAbout8901110046 FILED FOR REOORD ~C'OR TITLE ~NSURANC,~. ~ ---- ~ ~ CiT~ CLERK JAN 11 ~989 ~: 5" lO/ ~CF~'239 Fou~hOF BREML/~I~INmreet KAR~;,~ ~:L'~'NN Breme~on, Washln~oO PERMANENT UTILITY EASEMENT THE GRANTOR, JOHN BREMER and EDWARD BREMER CONSOLIDATED TRUST (hereinafter "Bremers"), subject to~ th~ terms a~ pro- visions 0f the Easement Agreement dated ~ ~ ~, for good and valuable consideration, receipt ~f/ whlch/i~/hereby acknowledged, does hereby grant to the C~ of ~emerton, a municipal corporation of the State of Washington, an easement through and under the following lands in Kitsap County, State of Washington, to wit: A strip of land 20.00 feet in width in Government Lot 1, Section 24, Township 24 North, Range 1 East, Willamette Meridian and lying southeasterly of Block 2, Town of Bremerton, according to the plat recorded in volume 2 of Plats, page 30, in Kitsap County, Washington, the center line described as follows: Co~encing at the intersection of the southeasterly margin of Washington Street and the northeasterly margin of First Street; thence along said northeasterly margin South 42~42'53" East 295.41 feet to the point of beginning of this description; thence along the center line of said strip North 44o48'59'' East 231.35 feet to the Inner Harbor Line of Washington Narrows as of record in State Land Co~issioner's Office at Ol~pia, Washington, the side lines extended or shortened to meet lines of termination, containing 4,627 square feet, more or less. Bearings based on Washington State Coordinate System, North Zone. TOGETHER WITH a portion of land varying in width lying southeasterly of the Meander line in Government Lot 1, Section 24, and Government Lot 3, Section 13, all in Township 24 North, Range 1 East, Willamette Meridian and lying southeasterly of Block 2, and within a projection of the northerly and southerly margin lines of Second Street as platted in the Town of Bremerton, according to the plat recorded in volume 2 of Plats, page 30, in Kitsap County, Washington, more particularly described as follows: Co~encing at the intersection of the southerly margin line of Second Street and the southeasterly line of the vacated alley in said Block 2; thence along said margin and its projection South 63~38'08" East 178.34 feet to a point on the Inner Harbor Line and the point of beginning of this description; thence along said line South 25021'08" West 17.40 feet; thence North 15°32'01" East 17.72 feet to said southerly margin; thence along said southerly margin North 63038'08" West 99.55 feet to said meander line; thence along said meander line North 44022'40" East 63.09 feet to said northerly margin; thence along said northerly margin South 89 n I 1 ! 004 6 St485FR 721 tcg/13 - 1 - 63°38'08'' East 82.00 feet to said Inner Harbor line; thence along said Harbor line South 25021'08'' West 60.01 feet to the point of beginning, containing 5,563 square feet, more or less, with bearings based on Washington Coordinate System, North Zone. in and upon which to lay, operate, and maintain utilities, together with any necessary appurtenances within said easement. Grantee shall have the right to enter upon said premises and to open up said pipeline, or any part thereof, for the purpose of maintaining, repairing, or renewing the same as occasion may require. This easement shall be binding upon the executors and assigns of the grantors. DATED this i day of /~~_ ~ 198~ VJOHN BR~MER an/d EDWARD BREMER CONSOLIDATED TRUST STATE OF WASHINGTON ) M~C~ CO~NOLLY, T~S~ )SS. COUNTY OF KITSAP ) On this day personally appeared before me, MICHAEL CONNOLLY, to me known to be the individual described and who executed the within and foregoing instrument as Trustee for the John Bremer and Edward Bremer Consolidated Trust and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal, this ~/-~ day of . NOTARY PUBLIC ~ and for the State of Washington, residing at~ My Commission Expires 7-l--~ " TAX EXEMPT "' EXCISE JAN 1 01989 KiTSAP CC JNTY ~[[[485F~ ~2~ TREASURER tcg/13 - 2 - EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT The Grantor, JOHN BREMER and EDWARD BREMER CONSOLIDATED TRUST, subject to _t~e terms and provisions of the Easement Agreement dated ~, 198~, for good and valuable con- sideration, receipt f~f which is ~ereby acknowledged, does hereby grant to the City O~ Bre~erton, a municipal corporation of the State of Washington, an easement through and under the following lands in Kitsap County, State of Washington, to-wit: The following described strip of land varying in width lying westerly and northerly of the property that is the subject of a permanent easement granted to the City of Bremerton and is described on the attached Exhibit "1," incorporated herein by this reference: Commencing at a point on the northeasterly margin of First Street and the centerline of the 20.00-foot strip described in the attached Exhibit "1"; thence along said margin North 42°42'51'' West 10.01 feet to a point on the northwesterly easement line described in the attached Exhibit "1," to the point of beginning of this description; thence along said margin North 42°42'51'' West 10.01 feet; thence ten feet from and parallel with said easement line North 44048'59'' East 84.00 feet; thence North 45°11'01'' West 10.00 feet; thence 20.00 feet from and parallel with said easement line North 44048'59'' East 204.15 feet; thence North 15°32'01'' East 83.91 feet to the southerly margin of Second Street; thence along said margin South 63038'08'' East 20.36 feet to a point on the permanent easement described in the attached Exhibit "1"; thence along said permanent easement South 15°32'01'' West 17.72 feet to said Harbor Line; thence along said Harbor Line South 25021'08'' West 99.22 feet to the northwesterly line of the 20.00-foot strip described in the attached Exhibit "1"; thence along said northwesterly line South 44048'59'' West 259.21 feet to the point of beginning. in and upon which to construct and lay underground utilities together with any necessary appurtenances within said easement. Grantee shall have the right to enter upon said premises and to open up said pipeline, or any part thereof, for the purpose of maintaining, repairing, or renewing the same as occasion may require. tcg/13 1 This easement shall be binding upon the executors and assigns of the grantors. DATED this ~ day of~, 198~. ~ JOHN B~EMER and EDWARD BREMER CONSOLIDATED TRUST MICHA LLY, TR STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day personally appeared before me, MICHAEL CONNOLLY, to me known to be the individual described and who executed the within and foregoing instrument as Trustee for the John Bremer and Edward Bremer Consolidated Trust and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER m~ hand and official seal, this ~ day of ~ NOTARY PUBLIC the State ,'~C of Washington, residing at~ · ~,.~. - My Commission Expires 89011 ! 0046 724 tcg/13 - 2 - EXHIBIT "1" A strip of land 20.00 feet in width in Government Lot 1, Section 24, Township 24 North, Range 1 East, Willamette Meridian and lying southeasterly of Block 2, Town of Bremerton, according to the plat recorded in volume 2 of Plats, page 30, in Kitsap County, Washington, the center line described as follows: Commencing at the intersection of the southeasterly margin of Washington Street and the northeasterly margin of First Street; thence along said northeasterly margin South 42042'53'' East 295.41 feet to the point of beginning of this description; thence along the center line of said strip North 44o48'59'' East 231.35 feet to the Inner Harbor Line of Washington Narrows as of record in State Land Commissioner's Office at Olympia, Washington, the side lines extended or shortened to meet lines of termination, containing 4,627 square feet, more or less. Bearings based on Washington State Coordinate System, North Zone. TOGETHER WITH a portion of land varying in width lying southeasterly of the Meander line in Government Lot 1, Section 24, and Government Lot 3, Section 13, all in Township 24 North, Range t East, Willamette Meridian and lying southeasterly of Block 2, and within a projection of the northerly and southerly margin lines of Second Street as platted in the Town of Bremerton, according to the plat recorded in volume 2 of Plats, page 30, in Kitsap County, Washington, more particularly described as follows: Commencing at the intersection of the southerly margin line of Second Street and the southeasterly line of the vacated alley in said Block 2; thence along said margin and its projection South 63o38'08'' East 178.34 feet to a point on the Inner Harbor Line and the point of beginning of this description; thence along said line South 25021'08'' West 17.40 feet; thence North 15°32'01'' East 17.72 feet to said southerly margin; thence along said southerly margin North 63038'08'' West 99.55 feet to said meander line; thence along said meander line North 44022'40'' East 63.09 feet to said northerly margin; thence along said northerly margin South 63°38'08'' East 82.00 feet to said Inner Harbor line; thence along said Harbor line South 25021'08'' West 60.01 feet to the point of beginning, containing 5,563 square feet, more or less, with bearings based on Washington Coordinate System, North Zone. tcg/13 8901110046 [[t485 725 EXHIBIT C AFFIDAVIT AND WAIVER STATE OF WASHINGTON ) ) ss. ,~ COUNTY OF KITSAP ) / I, ~/~~~' - _~9~ ,being first duly sworn on oa%~hf depose ~ say that I a~ the lessee of record of the following, described~roperty: A portion of the Lease and Bond of Harbor Area, Lease No. HA 2133. Located in front of Lots 3 to 13, inclusive, and portion of Lot 2, Block 3, Plat of Bremerton and seaward of the Inner Harbor Line of Washington Narrows as of record in State Land Co~issioner's Office at Olympia, Washington, more particularly described as follows: Beginning at a point at the intersection of the Inner Harbor Line and the southerly line of said lease, from which the intersection of the northerly margin line of Second Street and said harbor line bears South 25021'08" West 50.008 feet; thence along said harbor line North 25~21'08'' East 24.87 feet %o the easterly line of a permanent utility easement; thence along said easterly line South 16056'29" West 25.29 feet to the southerly line of said lease; thence along said southerly line North 63038'07" West 3.69 feet to the point of beginning, containing 46 square feet, more or less. That I waive in favor of the applicant for easement, rights to enter upon the leasehold for the purpose of installing, operating, and maintaining utilities. ;,~. ~. /~'.. NOTARY PUBLIC the State ~-.' ~..~ .r ~ ~ of Washington, residing at ?.....~.,~.,.,~ ~ ?~,~.[:~ % My Co~ission expires: ;,,, ,I-9 ,..,~. ...... _ 8901110046 {[[485F 726 tcg/13 - i CONSEnt TO WAIVER OF LEASEHOLD INTERESTS The PORT OF BREMERTON, through its duly authorized officers, consents to the execution of Exhibit C, Affidavit and Waiver attached hereto by the JOHN BREMER AND EDWARD BREMER CONSOLIDATED TRUST, as lessee of the harbor area described in said exhibit. It is understood that this consent is provided to facilitate an application by the City of Bremerton for easements for installing, operating, and maintaining utilities upon the leasehold. DATED this 13tb, day of December , 1988. POa '~ OF BRE~-~ON~ ~ ~ ~& Cor0/~lSSloner Die ~F~ =-k, Secreta~/~mm±ssioner ? ) SS. CO TY 0F K TSAP ~/~' On this~y personally appear~ before me ~ ~~. ~ ~ ~/~,~ ~ ~/~ to be known to be the individual's described and who exec6ted the within foregoing instr~ent as commissioners for the Port of Bremerton and acknowledge that they signed the same as their free and voluntary act and deed for the purpose therein mentioned. Given under my hand and official seal this /~ day of ~ ~ , 1988. ~O~Y PHBBI~i~ and for 8t [ton~ r esidin~ EASEMENT AGREEMENT The JOHN BREMER and EDWARD BREMER CONSOLIDATED TRUST (hereinafter "Bremer") and the CITY OF BREMERTON, Municipal Corporation of the State of ~ashington, enter into this Easement Agreement this~___day of ~~7~ , 19~ WHEREAS the City of B~/emerton/esires to cdnstruct, install and maintain underground utilities upon and across property owned by Bremers,and whereas Bremers desires to issue to the City a temporary easement for the construction of such underground utilities and a permanent easement to the City to maintain and repair such utilities it is hereby agreed as follows: 1. Easements Granted. Upon execution of this Agreement by both parties, Bremers agrees to execute and deliver to the City of Bremerton a permanent easement in the form of the attached Exhibit A incorporated herein by this reference and a temporary construction easement in the form of the attached Exhibit B incorporated herein by this reference. 2. Release of Lessee's Interest. Additionally Bremers agrees to deliver to the City of Bremerton an Affidavit and Waiver in the form of the attached Exhibit C incorporated herein by this reference by which Bremers waives any objection to the City of Bremerton obtaining a similar temporary and permanent easement across the Harbor area for which Bremers is currently the Lessee, provided however the such Affidavit and Waiver shall only be effective and operative upon the City of Bremerton 1 obtaining from the Port of Bremerton written confirmation that the Port of Bremerton has no objections to such Affidavit and Waiver. 3. Termination of Easements. On January 1, 1990 or upon completion of the construction and installation of the under ground utilities, whichever occurs first, the City of Bremerton shall execute and deliver to Bremers an acknowledged Termination and Release of Temporary of Easements in the form of the attached Exhibit D incorporated herein by this reference. 5. Restoration of Property Condition. Grantee convenants to perform any construction, operation, repairs or maintenance related to the permanent or temporary easements in a workmanlike manner and to restore the property and any improvements subject to the easements in as good condition as when such construction, operation, repair or maintenance was commenced by the Grantee or its agents. Grantee further covenants to complete any construction, repair or maintenance under the permanent or temporary easements expeditiously and in a manner that will minimize any disruption of the then existing use of Grantor's property. 6. Indemnification and Hold Harmless. Grantee further covenants to indemnify and hold Bremers harmless from any and all claims for personal injury or property damage arising out of or relating to any negligence by the City of Bremerton in the construction, operation, maintenance or repair related to the permanent or temporary easement s~ 2 JOHN BREMER and EDWARD~REMER CO~NSQLIDAJ~ED ~TRUST_ f ~ M~CH~EL CONN,, TRUSTEE CITY OF BREMERTON y LOBE, MayS~ A ~.~. FORM: ATTEST: IAN R. SIEVERS KATHLEEN L. McCLUSKEY Bremerton City Attorney City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) ON THIS DAY personally appeared before me GENE LOBE and KATHLEEN L. McCLUSKEY, to me personally known to be the Mayor and City Clerk, respectively, of the City of Bremerton, the municipal corporation that executed the foregoing instrument and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said municipal corporation and on oath stated that they are authorized to execute said instrument and that the seal affixed is the seal of said municipal corporation. / ~ ~da WITNESS MY HAND AND OFFICIAL SEAL this y of 1988. ~N.OT~ARY ~PUpLIC in and for the State of washington, residing My Commission expires.-~-~'-~Z~- STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) FLichael ON THIS DAY personally appeared before me, Connoll¥ , to me known to be the individual described and who executed the /within and foregoing instrument as Tr,,~t~ for ~  acknowledged that he signed the same as his free and and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal, this~~'4 day of 3 NOTARY PUBLIC inVa~%d for the State of Washington, residing at My commission expires: '; - I - ~ 4 FXHIBIT D TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT BY GENERAL RELEASE This release is given , 1990 by the City of Bremerton, Kitsap County, State of Washington. On , 1988, the JOHN BREMER and EDWARD BREMER CONSOLIDATED TRUST (hereinafter "Bremers") granted to the City of Bremerton a Temporary Construction Easement upon the following described real property to allow for the construction of underground utilities: The following described strip of land varying in width lying westerly and northerly of the property that is the subject of a permanent easement granted to the City of Bremerton and is described on the attached Exhibit "1," incorporated herein by this reference: Commencing at a point on the northeasterly margin of First Street and the centerline of the 20.00-foot strip described in the attached Exhibit "1"; thence along said margin North 42°42'51'' West 10.01 feet to a point on the northwesterly easement line described in the at%ached Exhibit "1," %o the point of beginning of this description; thence along said margin North 42°42'51'' West 10.01 feet; thence ten feet from and parallel with said easement line North 44048'59'' East 84.00 feet; thence North 45°11'01'' West 10.00 feet; thence 20.00 feet from and parallel with said easement line North 44048'59'' East 204.15 feet; thence North 15°32'01'' East 83.91 feet to the southerly margin of Second Street; thence along said margin South 63038'08'' East 20.36 feet to a point on the permanent easement described in the attached Exhibit "1"; thence along said permanent easement South 15°32'01" West 17.72 feet to said Ilarbor Line; thence along said Harbor Line South 25°21'08" West 99.22 feet to the northwesterly line of the 20.00-foot strip described in the attached Exhibit "1"; thence along said northwesterly line South 44048'59" West 259.21 feet to the point of beginning. The City of Bremerton, hereby releases and terminates any and all interest of the City of Bremerton under such Temporary Construction Easement which was recorded under Kitsap County Auditor's Fee No. on , 1988. DATED this day of , 1988. CITY OF BREMERTON BY: GENE LOBE, Mayor tcg/13 1 - ATTEST: KATHLEEN L. McCLUSKEY, Clerk APPROVED AS TO FORM: IAN R. SIEVE RS, City Attorney STATE OF WASHINGTON ) COUNTY OF KITSAP ) ON THIS DAY personally appeared before me GENE LOBE and KATHLEEN L. McCLUSKEY, to me personally known to be the Mayor and City Clerk, respectively, of the City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said corporation, and on oath stated that they are authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. WITNESS MY HAND and official seal this day of , 19 NOTARY PUBLIC in and for the State of Washington, residing at Commission expires: EXHIBIT "1" A strip of land 20.00 feet in width in Government Lot 1, Section 24, Township 24 North, Range 1 East, Willamette Meridian and lying southeasterly of Block 2, Town of Bremerton, according to the plat recorded in volume 2 of Plats, page 30, in Kitsap County, Washington, the center line described as follows: Commencing at the intersection of the southeasterly margin of Washington Street and the northeasterly margin of First Street; thence along said northeasterly margin South 42°42'53'' East 295.41 feet to the point of beginning of this description; thence along the center line of said strip North 44°48'59'' East 231.35 feet to the Inner Harbor Line of Washington Narrows as of record in State Land Commissioner's Office at Olympia, Washington, the side lines extended or shortened to meet lines of termination, containing 4,627 square feet, more or less. Bearings based on Washington State Coordinate System, North Zone. TOGETHER WITH a portion of land varying in width lying southeasterly of the Meander line in Government Lot 1, Section 24, and Government Lot 3, Section 13, all in Township 24 North, Range 1 East, Willamette Meridian and lying southeasterly of Block 2, and within a projection of the northerly and southerly margin lines of Second Street as platted in the Town of Bremerton, according to the plat recorded in volume 2 of Plats, page 30, in Kitsap County, Washington, more particularly described as follows: Commencing at the intersection of the southerly margin line of Second Street and the southeasterly line of the vacated alley in said Block 2; thence along said margin and its projection South 63°38'08" East 178.34 feet to a point on the Inner Harbor Line and the point of beginning of this description; thence along said line South 25°21'08'' West 17.40 feet; thence North 15°32'01'' East 17.72 feet to said southerly margin; thence along said southerly margin North 63°38'08'' West 99.55 feet to said meander line; thence along said meander line North 44022'40'' East 63.09 feet to said northerly margin; thence along said northerly margin South 63°38'08'' East 82.00 feet to said Inner Harbor line; thence along said Harbor line South 25°21'08" West 60.01 feet to the point of beginning, containing 5,563 square feet, more or less, with bearings based on Washington Coordinate System, North Zone. tcg/13 AGENDA BILL BREMERTON CITY COUNCIL ~ · SUBJECT: EASEMENTS FOR AGENDA OF: December 14, 1988 Central Bremerton Wastewater Facilities ORIGINATING DEPT: Ut~l~ties/Wastewater Improvements Project ORIGINATOR: ~W~am Dully DATE SUBMITTED: iDecember 6, 1988 City Attorne.~~_~ Easement A~r~ements Ian S l'~_]er s S~Y~NT ~R~D REqUI~NT FOR COUNCIL ACTION: The Central Bremerton Wastewater Improvements Project requires the solicitation of easements across private properties in order to install se~er mains associated with the project. Attached are easement agreements between the City of Bremerton, the Bremer Consolidated Trust and Olympic College to allow for construction and installation of sewer and water mains along the waterfront between F~rst and Second Streets and from Second Street along the waterfront and west to Washington and Burwell Streets. PJ~COMMENDATION: The City Council approve said agreements and authorize the Mayor to execute said agreements subject to City Policy~and Procedure. 9. RESPONSIBLE OFFICIAL: William Duff,¥ ENFORCEMENT OFFICI~J~: EXPIRATION DATE: REVIEW DATE: 10. NOTIC~F~-OF ACTION COUNCIL DIRECTIVE: AGENDA PREPAP. ATION & USE INSTRUCTIONS Refer to Policy & Procedure Manual General Administration #2-4 11, AGENDA BILL NO.: (OVE~) 2. CLEAR. CE CO~i~ENTS: 5. IMPACT OF NON-PASSAGE: ,, expense and Require rerouting of ex~sting and proposed mains at an increased would ndt. )~ provide for future sewer service along waterfront. ' 6. ~MPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: None Budget : No increase to Project Budget. Facilities: Allows construction of system improvements. Equipment: Not applicable. ~. RESF, ARCH SOURCES: