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
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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
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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.
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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.
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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.
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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: