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
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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
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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.
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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
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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.
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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
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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
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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.
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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: