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HomeMy WebLinkAbout8901110047 fiLED FOR RECORD ~ · \~0. OF __ ......,..~,,,..~ CITY CI_E~K JA~ ~ 19~%~E 239 Fourth Street BREMERTON /~ ,,~ Breme~on, Washington 9~310 KI~AP COUNTY AU~T~ ~UTY t ~ EXHIBIT A PE~NENT UTILITY EASEMENT THE G~NTOR, OLYMPIC COLLEGE, subject ~to the ~terms a~ provisions of the Easement Agreement dated ~ ~ , 198/, for good and valuable consideration, receipt~f which is hereby acknowledged, does hereby grant to the Cify of /Bremerton, 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 varying in width in Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meridian and lying in lots 9 and 10 of Block 3 and southeasterly thereof, 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: Beginning at a point on the centerline of a 10.00-foot strip of land on the northerly line of Lot 10, Block 3 from which the northwesterly corner bears North 77~23'36'' West 5.00 feet; thence parallel with Washington Street and 5.00 feet easterly of the westerly margin the following courses and distances: South 12e36'24'' West 8.52 feet, South 26~24'56" West 49.64 feet to a point 5.00 feet from, measured at right angles to the northerly boundary of Lot 8, Block 3; thence parallel with said boundary South 63~35'04" East 219.55 feet to an angle point in the centerline of a 15.00-foot strip of land; thence along said centerline South 02052'04" West 107.32 feet; thence South 16056'29'' West 124.51 feet to a point on the Inner Harbor Line of Washington Narrows as of record in the State Land Co~issioner's Office at Ol~pia, Washington, and the terminus point of this description, the side lines extended or shortened to meet lines of termination, and from which the intersection of said harbor line at the projection of the northerly margin of Second Street bears South 25~21'08'' West 23.61 feet, containing 6,198 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. 8901 ! 10047 ffft485 727 tcg/13 1 This easement shall be binding upon the executors and assigns of the grantors. DATED this ~ day of~, 198/. OL¥ IC/COLL.., COUNTY OF KITSAP ) Michael On this day personally appeared before me, Connolly , to me known to be the individual described and who executed the within and foregoing instrument as Dean of Business Services for OLYMPIC COLLEGE, 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 ~,~, 1988. NOTARY PUBLIC in a~for the State of Washington, residing at ~ · My Commission Expires 89o1110047 728 tcg/13 - 2 - EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT The Grantor, OLYMPIC COLLEGE, subject! to the terms am provisions of the Easement Agreement dated ~,~4~_ ~ , 198~, for good and valuable consideration, receip~ of wh~ is here~by acknowledged, does hereby grant to the C~/ty of /Bremerton, 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 portion of land lying westerly and adjoining the property that is the subject of a permanent ease- ment granted to the City of Bremerton and is described on the attached Exhibit "1" incorporated herein by this reference: Beginning at a point on the projected northerly margin of the property described in the attached Exhibit "1" and the westerly line of the attached described easement; thence along said margin North 63° 38' 09" West 54.40 feet; thence North 26° 21' 52" East 55.00 feet; thence South 63° 38' 09" East 40.20 feet to a point 5.00 feet from said westerly line; thence parallel with said line North 16° 56' 29" East 89.06 feet; thence continuing parallel North 02° 52' 04" East 18.46 feet; thence North 87° 07' 56" West 5.00 feet; thence parallel and 10.00 feet from said westerly line North 02° 52' 04" East 89.49 feet to a point on the southerly line of the 10.00-foot strip described above; thence along said southerly line South 63° 35' 04" East 10.91 feet to an angle point in said 15.00-foot strip; thence along said westerly line South 02° 52' 04" West 104.21 feet; thence along said westerly line South 16° 56' 29" West 146.26 feet to the point of begin- ning. And a strip of land 10.00 feet in width adjoining and running parallel with, and lying northerly and easterly of the attached described permanent easement. 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. 004 ? [[1455 729 1 This easement shall be binding upon the executors and assigns of the Grantor. DATED this 3 day of ~, 198~ ~ OLYMPIC~OLLEGE 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 Dean of Business Services 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 in~d for the State of Washington, residing at~z4~4~(~ My Commission Expires ~--l-~ tcg/13 89 {) 111 0 0 4 7 ~[[455[~ 730 2 EXHIBIT "1" A strip of land varying in width in Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meridian and lying in lots 9 and 10 of Block 3 and southeasterly thereof, 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: Beginning at a point on the centerline of a 10.00-foot strip of land on the northerly line of Lot 10, Block 3 from which the northwesterly corner bears North 77023'36'' West 5.00 feet; thence parallel with Washington Street and 5.00 feet easterly of the westerly margin the following courses and distances: South 12°36'24'' West 8.52 feet, South 26°24'56'' West 49.64 feet to a point 5.00 feet from, measured at right angles to the northerly boundary of Lot 8 Block 3; thence parallel with said boundary South 63035'04'' East 219.55 feet to an angle point in the centerline of a 15.00-foot strip of land; thence along said centerline South 02°52'04" West 107.32 feet; thence South 16°56'29" West 124.51 feet to a point on the Inner Harbor Line of Washington Narrows as of record in the State Land Commissioner's Office at Olympia, Washington, and the terminus point of this description, the side lines extended or shortened to meet lines of termination, and from which the intersection of said harbor line at the projection of the northerly margin of Second Street bears South 25°21'08'' West 23.61 feet, containing 6,198 square feet, more or less, with bearings based on Washington Coordinate System, North Zone. tcg/13 8901110047 EASEMENT AGREEMENT The OLYMPIC COLLEGE, an agency of the State of Washington, and the CITY OF BREMERTON, municipal corporation of the State of Washington, enter into this Easement Agreement this ~ day of ~,~/ , 198~ ~HEREAS th~ City Of Bremerton desires to construct, install and maintain underground utilities upon and across property owned by Olympic College and whereas Olympic College desires to issue to the City a temporary easement for the construction of such under~round 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, Olympic College 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. Terminasion of Easements. On January 1, i990 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 Olympic College an acknowledged Termination of Easements in the form of the attached Exhibit C incorporated herein by this reference. 3. 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. 4. Indemnification and Hold Harmless. Grantee further covenant to indemnify and hold Ol~pic College 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~ DATED this__~ day of~/j , 19~. B~O CO : ~v By:CI~ ~ ~OF~RTON. Bremerton City Attorney City Clerk STA~ OF WASHINGTON ) ) ss. CO~TY OF KITSAP ) 2 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. ~ WITNESS MY HAND AND OFFICIAL SEAL this /~ ay o , 1988. NOT~R~/~PUBLI~ in and for the State of washington, residing at~ My Commission expires:~-2~-$'Z~ STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) Michael ~ ~DN THIS DAY personally appeared before me, Connoll¥ , to me kn..ow~n to be the individual described and who executed the within and foregoing instrument as Dean of Business Ser¥.for OLYMPIC COLLEGE, and acknowledged that h~. 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 in aNd/for the State of Washington, residing at My commission expires: EXHIBIT C TERMINATION OF EASEMENTS BY GENERAL RELEASE This release is given , 1990 by the City of Bremerton, Kitsap County, State of Washington. On , 1988, OLYMPIC COLLEGE, an agency of the State of Washington, 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 portion of land lying westerly and adjoining 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: Beginning at a point on the projected northerly margin of the property described in the attached Exhibit "1" and the westerly line of the attached described easement; thence along said margin North 63° 38' 09" West 54.40 feet; thence North 26° 21' 52" East 55.00 feet; thence South 63° 38' 09" East 40.20 feet to a point 5.00 feet from said westerly line; thence parallel with said line North 16° 56' 29" East 89.06 feet; thence continuing parallel North 02° 52' 04" East 18.46 feet; thence North 87° 07' 56" West 5.00 feet; thence parallel and 10.00 feet from said westerly line North 02° 52' 04" East 89.49 feet to a point on the southerly line of the 10.00-foot strip described above; thence along said southerly line South 63° 35' 04" East 10.91 feet to an angle point in said 15.00-foot strip; thence along said westerly line South 02° 52' 04" West 104.21 feet; thence along said westerly line South 16° 56' 29" West 146.26 feet to the point of begin- ning. And a strip of land 10.00 feet in width adjoining and running parallel with, and lying northerly and easterly of the attached described permanent easement. 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. Additionally, the City of Bremerton releases, rescinds and terminates any and all rights arising out of or relating to: The Easements granted to the City of Bremerton pursuant to the Easement dated April 3, 1973 , recorded under Kitsap County Auditor's Fee No. 1043336, recor----ded on ~l~ ~ , 19~, providing for an easement upon and across the real property situated in Kitsap County, Washington, legally described in the attached Exhibit "2" incorporated herein by this reference; - 1 - The Easement granted to the City of Bremerton dated March 7, 1949, recorded under Kitsap County Auditor's Fee No. 488702, recorded on April 30, 1949, providing for an easement upon and across the real property situated in Kitsap County, Washington, legally described in the attached Exhibit "E" incorporated herein by this reference; and The Easement granted to the City of Bremerton dated June 22, 1948, recorded under Kitsap County Auditor's Fee No. 476932, recorded on September 29, 1948, providing for an easement upon and across the real property situated in Kitsap County, Washington, legally described in the attac~hed Exhibit "4" incorporated herein by this reference. DATED this day of , 1988. CITY OF BREMERTON BY: GENE LOBE, Mayor ATTEST: KATHLEEN L. McCLUSKEY, 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 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 varying in width in Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meridian and lying in lots 9 and 10 of Block 3 and southeasterly thereof, 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: Beginning at a point on the centerline of a 10.00-foot strip of land on the northerly line of Lot 10, Block 3 from which the northwesterly corner bears North 77023'36'' West 5.00 feet; thence parallel with Washington Street and 5.00 feet easterly of the westerly margin the following courses and distances: South 12°36'24" West 8.52 feet, South 26°24'56'' West 49.64 feet to a point 5.00 feet from, measured at right angles to the northerly boundary of Lot 8 Block 3; thence parallel with said boundary South 63035'04'' East 219.55 feet to an angle point in the centerline of a 15.00-foot strip of land; thence along said centerline South 02052'04'' West 107.32 feet; thence South 16056'29'' West 124.51 feet to a point on the Inner Harbor Line of Washington Narrows as of record in the State Land Commissioner's Office at Olympia, Washington, and the terminus point of this description, the side lines extended or shortened to meet lines of termination, and from which the intersection of said harbor line at the projection of the northerly margin of Second Street bears South 25~21'08'' West 23.61 feet, containing 6,198 square feet, more or less, with bearings based on Washington Coordinate System, North Zone. tcg/13 EXHIBIT "2" That portion of Gov Lot 3 in Sec. 13, T24N, R1E, W.M. and tidelands desc. as follows: Beg at the SEly Cor of Lot 1, Blk 3, Original Town of Bremerton; thence S 65059' East, 14 ft. alg the Nly line of 2nd Street to the Ely line of the alley lying easterly from Blk 3 to the TPOB; Thence alg the Nly line of 2nd Street produced SEly S 65059' East, 174.04 ft. to the Inner Harbor Line; thence folo the Inner Harbor Line N 23°46'20" East 179.63 ft.; thence N 10020'20'' East, 274.74 ft. to its intersection with the Nly line of Lot 13, Blk 3; thence folo said line N 78056' West, 130.72 ft. to the NEly line of the alley lying easterly of Blk. 3; thence SWly folo the Ely line of the alley S 11°04' West, 103.69 ft.; thence S 24°47' W, 312.22 feet to TPOB. Together with that portion of the area between the Inner and Outer Harbor Lines fronting thereon and leased from the State of Washington under appl. HA 2133. Said easement being a strip of land ten (10) feet in width, lying five (5) feet on each side of the following desc. centerline and projections thereof: Beginning at the SE Cor of Lot 1, Blk 3, Original Town of Bremerton; thence S 65059' East, 227.45 ft. to a point on a curve to the right whose tangent bears N 25016'37'' East and having a central angle of 10°14'23" and a radius of 432.00 ft; said point being the TPOB for this centerline desc; thence Nly alg the arc of said curve, 77.38 ft. to a point of reverse curvature: thence alg the arc of a curve to the left having a central angle of 19°41'49" and a radius of 216.01 ft., 74.25 ft.; thence N 15°49'11'' East, tangent to said curve, 211.30 feet to the point of curvature for a curve to the left having a radius of 200.00 ft. and a central angle of 30~37'30''. 107 ft. M/L, to a point on the north line of the above described tract of land. tcg/13 EXHIBIT "3" Part of Government Lot 3 beginning at a point 14 feet Easterly of N.E. corner of Lot 19 Block 3 Bremerton. Thence 150 feet Southwesterly along East margin of alley to true point of beginning; thence Southeasterly and parallel with South line of Fourth Street to Inner Harbor line; thence Southwesterly 30 feet; thence Northwesterly and parallel with South margin of Fourth Street; to side of alley; thence Northeasterly 30 feet to point beginning, and more particularly: Beginning at a point on the north line of said Tract 25 feet West of the Northeast corner; running thence South- westerly to a point on the South line 29 feet West of the Southeast corner. Said line being outside of the existing building. EXHIBIT "4" Part of Government Lot 3 being all of that portion of Lot 3 lying between Block 3 of Bremerton and Meander line except the Northerly 180' therefrom and also tideland frontage part of Government Lot 3. Being all tidelands lying between Northerly margin of Second St. extended and the Northerly margin of Fourth St. extended in the City of Bremerton except the Northerly 180', and more particularly: Beginning at a point on the North line of said Tract, 7 feet East of its intersection with the government meander line; running thence Southwesterly to a point on the Northerly margin of Second St., said part being 18 ft. Easterly from the S.E. corner of Block 3, Town of Bremerton. jrv3:ba ALOis,r,c, coLv,N ¢OUNC, L Cit3r Bremcrto District I 239 FOURTH STREET MORRIE DAWKINS BREMERTON, WASHINGTON 98310 District 2 (206) 478 - 5252 HANK WAIBEL Decerrber 16, 1988 LON OVERSON District 4 SHIRLEY MARTY CRUTCHER MAYOR GENE LOBE District $ LYNN HORTON District 6 C.R. "TINY" COLLINS District 7 SPENCER HORNING District 8 RUSS JOHNSON District 9 Dr. Michael Connolly O13nrpic Ccmamity College 16th & Chester Breraerton, WA 98310 Dear Dr. Gonnolly: I've enclosed two signed copies of the Easement Agreement between the City and Bremer Trust, and the City and Olympic College. I would appreciate the return of one fully executed copy of each. Please enter the date of signing on the first page of each as well as at the signature page and have notarized. Thank you for your assistance. Sincerely, Kathleen L. MeCluskey Director of Atinin. Services/ City Clerk //KLM: eh enclosures Gateway to the Olympics and Home of the Puget Sound Naval Shipyard AGENDA BILL BRFR~ERTON CITY COUNCIL /z~.~ . SUBJECT: EASEMENTS FOR AGENDA OF: December 14, 1988 Central Bremerton Wastewater Facilities ORIGINATING DEPT: Utilities/Wastewater Improvements Project ORIGINATOR: .William Duffy DATE SUBMITTED: December 6~ 1988 Easement A~r~ements City At to rn ey~--~v-~ Ian S l~Jers EN~)ORSE~NT ~ INFORMATION /-7 APPROVED BY COUNCIL P~E~IDENT/FOR ~UBMI~A~: ......... , ............................. The Central Bremerton Wastewater Improvements Project requires the solicitation of easements across private properties in order to install sewer 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 First and Second Streets and from Second Street along the waterfront and west to Washington and Burwell Streets. I~J~C0~NDATION: 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.¥ ENFORCE~NT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTIC~F ACTION COUNCIL DIRECTIVE: AGENDA PREPARATION & USE INSTRUCTIONS Refer to Policy & Procedure Manual General Administration #2-4 11. AGENDA BILL NO.: ~c~f~.~ (OVER) ~.. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE:,, expense and Require rerouting of exlsting and proposed mains at an increased would ndt ~1 provide for future sewer service along waterfront. i. ~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. RESEARCH SOURCES: