The URL can be used to link to this page

Home My WebLink About200603290014 l " " Return Address: City Clerk City of Bremerton 345 6th Street, Suite 600 Bremerton, W A 98337 1111111111111111111111111111111111111111111111111111111 :;~~3~21:r~~~~ 4 8REt1ERTOtl C IT',!, OF RESI1T $.34 , 00 Vi t s,~p Co! ~jA AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Release of Easements Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. The City of Bremerton ~ Additional names on page 2 of document. Grantee(s): 1. Rite Aid Corporation D Additional names on page of document. Legal Description: A portion of the NW V. of the SW V. in Section 14, Township 24 N Range 1 E. W.M. in Kitsap County W A. In the Plat of National City Vol. 2, PG. 33. ~ Additional legal is on page 3 of document. Assessor's Property Tax Parcel/Account Number: 3777 -006-009-0003 RELEASE OF EASEMENT THIS INSTRUMENT made thi~~ay of the CITY OF BREMERTON, a Washington municipal corporation Washington (hereinafter "Grantor") and RITE AID CORPORATIO , 2006, by and between Kitsap County, State of ereinafter "Grantee"). Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, does by these presents grant, convey, release and quit claim forever unto Grantee, its successors and/or assigns, all its right, title and interest in and to those public utility easements lying within that portion of ih Street situate~ between National Avenue and Pershing Avenue, vacated under City of Bremerton Ordinance 2082 dated September 1954, lying over, under and across certain real property located within the Plat of National City in the City of Bremer ton, Washington, legally described as follows: SEE EXHIBIT "A" ATTACHED RELEASE OF EASEMENT- Page 1 on By: CARY B ZEMAN Its: Mayor DATE: 4/o?~(f7 STATE OF WASHINGTON ) ) ss. ) COUNTY OF KITSAP On this ~day of ~, 2006, before me a Notary Public in and for the State of Washington, personally appeared C Bozeman to me known to be the Mayor of the City of Bremerton, a municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- ~--s~~~ ~-;;-~~"S~~.,~~OF, I have hereunto set my hand and official seal the day and year first above wn1;ten(/. ..':.\SS\C'N.CI' "<.~/i}&.. ~ YI" '<~ Q ~'~' "~ o.'~ (2CJ 00 ~". / "'U~OTAf:r\,}O';,-.\.~CA..t~L; ~ : 1ft." ~ JI) r ~ OU8" I,;H " . , ({"I6. ~ L:"-: /~ . NOTAR: PUBLI~,.m and the State h ?;,;'oo:' 15/0~.~~~ . ofWashmgton, resldmg at ~.h-n.) '-~ P;ilvASW~~\:> My appointment expires S-15~ at ~ ",- APPROVED AS TO FORM: RELEASE OF EASEMENT-Page 2 of 3 1111111111111111111111111111111111111111111111111111 8REMERTON CITY OF RE:3m :t34 , 00 200603290014 Page; 2 of :3 0:3/29/2006 08: 58A KHsap Co! ~jA , ' .. , . EXHffiIT "A" Parcel I: Lots 9 through 12, and Lots 15 though 28, inclusive, Block 6, and Lots 1 through 14, inclusive, in Block 7, of National City as per Plat recorded in volume 2 of Plats, page 33, in Kitsap County, Washington: together with that portion of vacated ih Street that would attach by operation of law; except that portion deeded to State of Washington for Kitsap Way; Parcel II: That .Portion of Government Lot 1 (Northwest Quarter of the Southwest Quarter), Section 14, Township 24 North, Range 1 East, W.M. and of vacated street (formerly referred to as National Avenue) shown along the east side of the plat of National City, according to plat recorded in Volume 2 of Plats, Page 33, in Kitsap County, Washington, as established by Kitsap County Superior Court in Case No. 2187, describes as follows: Beginning at the intersection of the east line of Lot 1, Block 7, of said plat with the southerly right-of-way line of primary State Highway No. 21; thence south along east line of said Lot 1, Block 7, and said line produced, to the southeast comer of Lot 28, Block 6, said plat; thence east on a- prolongation of the south line of said Lot 28 to intersect the westerly right-of-way line of National Avenue as established by the City of Bremerton and described in deed recorded under auditors file No.93475; thence north 3006'43" east along westerly right-of-way line of said National Avenue, to the southerly right-of-way line of said primary State Highway No. 21; thence southwesterly along southerly right-of-way line of State Highway to point of beginning; all situate in the City of Bremerton, County of Kitsap, State of Washington. K/ TSA P INA Y , -r- ~ ~ ----r ----r ---,- r-r- I I I I i I i \ : \ \ 317\7 r t p d? i: \ \ \ lLJ 74 h2kJulwb~lz~~~~3~2~7~ ~ 7th STREET <=: VACA TED ORo 2082 . Lu T5 TJ6 Pl18V9120127-P2p3p4p5f261271281 ~ I 'I 'i 'I I I 'I I I I I I \ \ C':) I 'i I I I I I I I I I I I I <=: 1 ~~~177-v~ihC8 I s= cb d09~ / /1 \ I I I 1 lJ) f \ I I I 1 I ~ 0 71- 010 IES:0 I I \ I I I I I 1 Qlh72 77 170 19 8 16 6'th Sr-k:Lc-T G-J ~ C-r] ~ ~ ------J ~ < Q r==:: ~ < RELEASE OF EASEMENT-Page 3 of 3 III 111111111111111\ " " III ~;~f3~11:t~: ~:A4 8REt-1ERTOt-l C I T'l OF REStn $:34.00 k.1 t s~p Co! ~lA AUOITOFt'S NOTE LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS INSTRUMENT WHEN RECEIVED. DATE SUBMITTED: January 23, 2006 AGENDA BILL CITY OF BREMERTON CITY COUNCIL IJIJ~ 06 - 634 ........................................................................................ SUBJECT: Release of utility easement established by Ordinance 2082 Committee Meeting Date: February 8, 2006 COUNCIL MEETING Date: February 15, 2006 Department: PW&U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Ordinance 2082, passed by the City Council in 1954, vacated 7th St. between National A venue and Pershing Avenue and reserved a public utility easement through this vacation. The easement passes through 4117 Kitsap Way (SW corner of intersection of Kitsap Way and National Avenue), the site at which Rite-Aid is currently proposing to construct a building. The Department of Public Works and Utilities has determined that this easement was never utilized for public utilities and tllere is 110 fUlure intent to use it~ Franchise utilities Q'vvest and PSE ha\'e determined there is no intended future use for this easement. Rite-Aid has requested that the City release rights to this easement so they can construct their new facility. ATTACHMENTS: 1. Council Summary; 2. Release of Easement; 3. Ordinance 2082; 4. Exhibit showing easement; FISCAL IMPACTS (Include Budgeted Amount): N/A I' FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA ~ RECOMMENDED MOTION: Move to release the public utilities easement established by Ordinance 2082 and authorize the Mayor to finalize and execute the necessary documents for this action. COUNCIL ACTION: ~ove 0 Deny ab/ Agenda Bills 2006/Release easement in Ordinance 2082 o Table o Continue 0 No Action COUNCIL SUMMARY RELEASE OF UTILITY EASEMENT ESTABLISHED BY ORDINANCE 2082 The Rite Aid Corporation has proposed to construct a facility at 4117 Kitsap Way (SW corner of intersection of Kitsap Way and National Avenue). During the development review process, it was discovered that a public utilities easement passes through the property. This easement was established by Ordinance 2082, passed by the City Council in 1954. The Department of Public Works and Utilities has researched the easement and determined that no utilities were ever installed in the easement and there is no future intent to do so. Franchise utilities Owest and PSE have also determined that they have no intent to use the easement in the future. It is proposed that the City release interest in the easement that runs through the property at 4117 Kitsap Way so that the new Rite Aid building can be constructed. 83/17/2885 89:55 36l3478!"')130 PAGE 83 ., 1 ORDINANCE NO. 2082 ~. 1 ~ il ~ "' ~-i ~ ~ ~ il :1. ~ ~~ :t \i ~ , " . ~ ~ i 1$ ! ~ , " AN ORDINANCE vacating cortain proper~y hereto~orB dedioated a~ publ.1o at('~ot.s :liliuated in the Cit-y of Br>emerton. THE CITY OF BREMERTON roES ORDAIN: Section 1. '~hat there ha~ coen previously fl~6d with the City CouncIl a petition requestIng that certain property heretofore dedi- oated for street purposes in the City or Bl'emerton, County 01: Kitsa.p, State or WlHJhlngtcm, be vaoated and that p. r6$olut.1on .favoring tho vao- atlon'wn6 adopted by the City Counoll on the 26th day of August, 1954, and st9ttlng the U>"th day of September. 1.954, as tho data upon which said petitions would bn heard, a.nd that notice of said hearing has been post- ed and given in tlHl manner provided by law. Section 2. hhat the po~t1ons of aald streets more particularly desct"ibad as follows, to-wltl Edith street, within the Plat of ayater Bay Addition, and 7th Str66t7 between National Avenue ~d Pe~shing Ave- nU~7 within the Plat of Nat1ona1 CitYJ be and the Game hereby arc de- clared vacated. but ~he City or BrDmerton doas heroby reaerve and retain an easement for any publIo util1ties including sewer and water 11nas~ telophone llt\d powell." cables which may now be under the surf'ace of any of the areas vacated, and the City of Bremarton alao retsina the right to oxercise and grant; eaBe.ments in respect to the a reas hereby vQoated ror the constructlonJ repair and.:lsintenance of publIC utili ties and ssrvlcoa. '!'hfJ city Clerk 16 authorized to. certl.:ty a. oOPY or tlU.s ord1nanco to be a tt'lle and c:orrect copy thareol' and to .rile the sa.m~ 1'01.' record- ing by the Auditox' o.f K1tsap county, Washington. APPROVED on rlrst reading this 15th day at Septamber. 1954. P~SSED on second reading by the C~ty Council o~ ~he City or Brem~r- ton, signed by th~ Mayor and attested by the City Clerk in authentication of auch passage thi6 22nd day o.f septombor, 195~. ATTEST: ~ .w. yO .~ M.6fwA~{rC~ R.H.1'. @ i r ~ ; 1 I PORTION OF THE SW 1/4 OF SECTION 15, .'--f- ~~=/ i .-CIII0WlHI.1._Z20.1JIC/ I / , / i ~S- I SCALE 2~_ _ ~__t,(} 2,0 4fJ 11N~~Jo) FT LEGAL DESCRIPTION: (/'[JISlAlOIWSU/I:1.JNWITfZ'YI'IIIST.wcR/CAHllILC~AJoIY OODDrNO....:s-'."'.-PI<<.D"'lD~7.1<X>5.J 8111 !IA ,IM1D!YALIof: ..rvtJo/€lDI Sl1lttTU<lHTIiQ>' 1l.I.~ VAI-'ot" JWQ,I.,o.!""1'fll o IlJ'f:'CA1DIS -4:f:D 1I!A111C_1f;\.flJ<T '0 ~_ -ti<3 IIINflC""",",,-CCWll!Q._ __.....I"'n-~ POIlVt JUD>M::N:. TV -~-P'O</IICR coco!!: ,_r..Aa ---.---..AIf.)Il.(l(:AJ[p_r........ -O-~lJI<<FrHCC o Df'ClOI.oClJSIlICE;9ZCanRASNOlED -270- l"C<WTO.!RS llOUlrCuwym IHAT1HSfU/j lfA$f'fIU'>>fI)F'JK>>I.CI\IAI- SI,.lO>fYfF 1l<( "'IEIMSESO'I 1Hf:GItOI.Nl; _TIIC~_I>CUlC...""'OFIlC~AHDAU.~rs1HEllfCW; 1><\. ~IaIfJo/SlO/oISOF 1fIf:lWPIl<llOlD<JSAHO lI<E"UlCAIlCW 1>iEJIEO'"1Il1H~Tm JHl'~NrCM -.. lII,.Or_AllCNOC/olCl!O<Q/lffHrsBY~I3"Al'fUfJl:IW"m~PIIIUM$C$_SlJtI.l':cr l'RDoOSES,/oOIff/fJIlsw..ccIPRf:Ir.CSIAC.fn_Il[II[llI;;AHDlHArIlNT(,ISflEN/SIoPPNtDHFIIOWAIOSlJAL ~lla<N/Ecnwt:AIED_OH_ I I I I I NOTES: ,. f'RO.l!:CTloOOfIESSm711lTSAP...V;IlIlOl[;Il/tl'j, .',llfJ'2 :!;"W1lf5_>Vlf:ON~LOCAIDlF1f\lll"ltSV!YAlllL 'DllCI<<ICN(4 ~lIASr.ifT~fI()(JI(.OFSl.IR'oOS.PAa:S~ti' AUDfIllllSFlU'l;a.l1aoolt:Kll>>/fCCt:lRD!iOF"'IX4I'CQJf<rY, REFERENCES: l. 1l!:CQIlO000$UII\.Hfll.EDIN\Q.UWl:.Jtr.....\Oos"AGl:20:5 AMlREtXlllOfl)_..101Ql'SFU:NO.~H"'n.Rt:COIIllSOF I<1IX41'COlMrY._1ON. I ~ I Ii f ., , oj ! ;~ l!! l :~ JP i il~ --, I ~I I ,;j;::" .'" ~~ ~I r;:!C'.l ., ~~ .'" ~ >- ~ c..iUJoa:: ~Q <::::J n: <( <( CJ) 5l':' >- (,) f3~a:::r <:20<( a.. "0: ~ ~~~(jl~ :;!o:oo Q o:Cll co a.. ~ " ., ., " g""l ~ ~ ~ ffi[" i~ +I~III ". ~' ~~ . g ,..~ ~ ~.... '" '" ~~~ ~! 1/1 I