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HomeMy WebLinkAbout200607100260 1111111111111111111111111111111111111111111111111111111 ::j:;~2~~i 1:~:p8 CITY OF E:REMERTON A~lm1T $33. ~~ Ki t.S2Ip Co.' ~~A Filed for Record at Request of: When Recorded Return to: ' City of Bremerton 345 6m Street, 6m Floor Bremerton, W A 98337 Attention: Gary Sexton. Director of Economic Development EXCISE TAX EXEMPT nr.T 13 2006 Document Title: Amendment to Easement recorded under Number 200607100260 Reference Number of Document Assigned or Released: Grantor's Name: United States of America Grantee's Name: City of Bremerton Abbreviated Legal Description: THAT PORTION OF LOTS 16 THROUGH 25 OF BLOCK 13 AND LOTS 1 THROUGH 12 OF BLOCK 12, PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS, PAGE 30, SITUATE WITHIN GOVERNMENT LOT 3 (SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER) OF SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON (Additional legal on page 2 of the document) Assessors' Property Tax Parcel/Account Number: Federal Property - 3718-013- 023-0003, 3718-012-011-0009, 3718-012-010-0000, 3718-012-009-0003, 3718-012- 005-0007, 3718-012-0005, 3718-012-004-0008, 3718-012-003-0009, 3718-012-001- 0001 and 232401-1-001-2007 --------------------------------------------------------------------------------------------------------------------- N4425506RPOOT06 TEMPORARY GRANT OF EASEMENT AMENDMENT NUMBER ONE (1) THIS INDENTURE, made the ~ day of CX:tbe&t<..- , 2006 between the United States of America, herein called the Government, acting through the Department of the Navy, and City of Bremerton, a Washington municipal corporation of Kitsap County, State of Washington called the Grantee. WHEREAS, the Government owns that certain real property identified as the Naval Base Kitsap at Bremerton, WA, hereinafter called the Facility; and WHEREAS, Government granted Temporary Grant of Easement Number N4425506RPOOT06 to Grantee on June 20,2006, and WHEREAS, the Grantee has requested an amendment to this temporary easement for temporary detour traffic, excavation and construction staging during the construction of an underground combined sewer overflow structure generally located south of Burwell Street and west of Pacific Avenue, and construction by the Washington State Department of Transportation through its contractor of a public right of way which will consist of a tunnel and surface streets improvements generally located at the southwest corner of Burwell Street and Pacific Avenue in Bremerton, Washington. NOW THEREFORE, this indenture witnesseth that, in consideration of mutual benefits accruing to the parties the Government hereby amends to extend the term to a period of two (2) years from the date construction commences, a temporary easement for temporary detour traffic, excavation and construction staging during the construction of this combined overflow project and construction by the Washington State Department of Transportation and its contractor of this public right-of-way improvement project. IN WITNESS WHEREOF, the Government, acting through the Department of Navy, has caused this instrument to be executed the day and year written first above. UNITED STATES OF AMERICA BY:~ MICHAEL D. BRADY Director, Real Estate Real Estate Contracting Officer Naval Facilities Engineering Command Northwest State of Washington County of Kitsap I certify that I know or have satisfactory evidence that Michael D. Brady is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director, Real Estate, Real Estate Contracting Officer, Naval Faciliti~s' Engineering Command Northwest, United States Department of Navy to be the i(e~ta;l!t!lf'>Loluntary act of such party for the uses and purposes mentioned in the . .t".~~)_Jro......}.tA '. ".....,,' Ins '~~uI:"\lZJ Al.,,'~ ...".} 0" a.o e;.,:"'...l ~ t':.:.ti' .00 e ~lO;J .~ 00 ~~...:~ z:~ . "'::~7;.).0 ~\..., ~ .'~-} ". '.~. ~;?) J , r :f2'!;'0a~~~fy'~~ rvc'\o~ee. '-1,200\7 ~~.l'", ~ -, ..~~ ' ~ ~:~ \Sigi~i;;;;~:~! =;;,:~ tu v- e- CH~'b-6s uJ v',4y<JCtIo!:A"'~ ~ ~ 0 '. .A . 1;. ;? ~,<>' .~ ,1,\ .0 I:i:,,;,.!& .,..'~ ." t, I '~I'6'r~l.=- ..!~;-"~>".10'" .Al,{-tll-1 ({b.c. ...,~ ~[re.~".... . '\.-'l. ,...., //1/,' 1(,' ,r: LV ~ S \;\ \'- , if, ./.lA'" '.J /;;vll,'{eS' AAt4-LCl. 9.2.009 II'fr'YI\''1I\\~'<!.O ~ l\.\"S S I iJ u""'- , rl ~~~i co CL. ,- '2) C"? o "<:t' (V) ':-I.J .Z) (I: ~ ''"'!:' ::::?:: o~J~~I; ~ I.U 12) CJ <D ~u_ O;i,~:t o 0-.-.____ N~~~ - -'2) ~(2) -' -(".-) =~ - =1- -= -(f) =UJ -= __._II: - - - - '- _Z -.:J -I- ~IL _UJ -= ~~ =m -l....a....-: ~I=- - -::- -I- -~ iiiiiiiiiiiiiii (J . it. . .' t .. , :::::::;:: :::;=:=:::,=,:::;:;=:::,~:,=,==::::=:::::::;==:::=:::: "'=:::===""==:1=::: . 10/13/2066 ID4:10PM RECEIPT # 402S2il I;~REN FLVNN nTSfIF',..COUNTV A\.mnOR P\JF::T'ORCHAROy ,\4A FRnM en',' DF HREi'if.RTON BV NL.Al4RENC OLE NO.: 2lilID61 [i 13i'J:n 8 =>> Pos "VOUPAGE: /. \1l4:.:l.I1lP. '.DiY;::,: (AME:;rIT! ,AMENDED EA:;MENT DOCUrlEHT [EE:33. ~ l'OTALRECOI,:DING FEE ...---..) i~MDUNTi Cht'ck! RECEIVED -,.-- >- ~~3" IDm 33. il~J ;,Cril:lck><,~. -) 312{11J / $:~31t-II!lu r:1T.",'.. .OJ; Bpc,..j:'nT01.l _. __I" hL...f1..~P.., 1" CHANGE 'U'_"__"': @, 0~ ,1. Gh~.ck R~(~i\/€-d ***: RECEIPT *** . " . . . . - .. . :::.:.:~::;. =::._~:::::;;;= ::.:;c:::::::::.::;:f.::.::::;::;:; :::::::===:::::::::::::::=:::::;.::::.::.:::'..:~ Filed for Record at Request of: .111111111111 1111111 11111111111111111111 1111111111111111 ~~~:~:i 1~.:~o E:W1ERTON CITY OF WlT ~:t:. BB Ki t.S<ip Co.. ~1A When Recorded Return to: City of Bremerton 345 6tn Street, 6tn Floor EXCISE TAX EXEMPT JUL 7 2006 Bremerton, W A 98337 Attention: Gary Sexton, Director of Economic Development Document Title: Easement Reference Number of Document Assigned or Released: Grantor's Name: United States of America Grantee's Name: City of Bremerton Abbreviated Legal Description: THAT PORTION OF LOTS 16 THROUGH 25 OF BLOCK 13 AND LOTS 1 THROUGH 12 OF BLOCK 12, PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS, PAGE 30, SITUATE WITHIN GOVERNMENT LOT 3 (SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER) OF SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON (Additional legal on page 2 of the document) Assessors' Property Tax Parcel/Account Number: Federal Property - 3718-013- 023-0003, 3718-012-011-0009, 3718-012-010-0000, 3718-012-009-0003, 3718-012- 005-0007, 3718 012 0005, 3718.;012-004-0008, 3718-012-003-0009, 3718-012-001- 0001 and 2~:r.00f-26071 ~/I&'- OI2-00l- oooS --------------------------------------------------------------------------------------------------------------------- N4425506 RPOOT06 TEMPORARY GRANT OF EASEMENT THIS INDENTURE, made the 2dfh day of SUt\.L , 2006 between the United States of America, herein called the Government, acting through the Department of the Navy, and City of Bremerton, a Washington municipal corporation of Kitsap County, State of Washington called the Grantee. WHEREAS, the Government owns that certain real property identified as the Naval Base Kitsap at Bremerton, WA, hereinafter called the Facility; and WHEREAS, the Grantee has requested a temporary easement for temporary detour traffic, excavation and construction staging during the construction of an underground combined sewer overflow structure generally located south of Burwell Street and west of Pacific Avenue, and construction by the Washington State Department of Transportation through its contractor of a public right of way which will consist of a tunnel and surface streets improvements generally located at the southwest corner of Burwell Street and Pacific Avenue in Bremerton, Washington. WHEREAS, the Secretary of the Navy has found that the grant of such temporary easement on the terms and conditions hereinafter stated is not incompatible with the public interest. . NOW THEREFORE, this indenture witnesseth that, in consideration of mutual benefits accruing to the parties the Government, pursuant to the authorities of 10 U.S.C. 2668 and 10 U.S.C. 2669, hereby grants to the said Grantee and its successors and assigns for a period of one (1) year from the date construction commences, a temporary easement for temporary detour traffic, excavation and construction staging during the construction of this combined overflow project and construction by the Washington State Department of Transportation and its contractor of this public right-of-way improvement project, collectively hereinafter referred to as the projects, said temporary grant of easement hereinafter called temporary construction easement; such easement being on that portion of the Facility hereinafter called the Premises, and described as follows: THAT PORTION OF LOTS 16 THROUGH 25 OF BLOCK 13 AND LOTS 1 THROUGH 12 OF BLOCK 12, PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS, PAGE 30, SITUATE WITHIN GOVERNMENT LOT 3 (SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER) OF SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF BURWELL STREET AND PACIFIC AVENUE; THENCE SOUTH 01035'20" WEST ALONG THE CENTERLINE OF SAID PACIFIC AVENUE 30.00 FEET; THENCE NORTH 88026'13" WEST 35.00 FEET TO THE WESTERLY RIGHT-OF-WAY MARGIN OF SAID PACIFIC AVENUE AND THE NORTHEAST CORNER OF SAID LOT 25, AND THE POINT OF BEGINNING; THENCE SOUTH 01035'20" WEST ALONG SAID WESTERLY MARGIN 488.99 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 AND THE NORTHERLY RIGHT.OF- WAY MARGIN OF FIRST STREET; THENCE NORTH 88024'32" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1 AND SAID NORTHERLY MARGIN AND THEIR WESTERLY EXTENSION 104.00 FEET TO A LINE PARALLEL WITH AND 4.00 FEET WESTERLY OF THE WESTERLY LINE OF SAID BLOCK 12; THENCE NORTH 01035'20" EAST ALONG SAID PARALLEL LINE 365.94 FEET TO A LINE PARALLEL WITH AND 8.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID BLOCK 13; THENCE NORTH 88026'13" WEST ALONG SAID PARALLEL LINE 144.81 FEET; THENCE NORTH 01038'48" EAST 98.12 FEET; THENCE NORTH 51006'37" WEST 41.10 FEET TO THE NORTHERLY LINE OF SAID BLOCK 13 AND THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SAID BURWELL STREET; THENCE SOUTH 88026'13" EAST ALONG THE NORTHERLY LINE OF SAID BLOCK 13 AND SAID SOUTHERLY MARGIN 281.36 FEET TO THE POINT OF BEGINNING. 1111\\ 1111111111111111111111111111111111111111111 :~j~~21:~i ~~~~pO 8RE~lERTON CITY OF Esm ~:t: && Kit s<tP Co! ~~A CONTAINING 69,083 SQUARE FEET OR 1.59 ACRES, MORE OR LESS. Parcel is shown on a map marked "Exhibit A," attached hereto and made a part hereof. THIS TEMPORY ARY CONSTRUCTION EASEMENT is granted subject to the following terms and conditions: 1. All work in connection with the construction, installation, operation, repair, and replacement of the projects described herein shall be done without cost or expense to the Government, and in accordance with plans previously approved by the Commanding Officer of the Naval Facilities Engineering Command Northwest. 2. The Grantee shall maintain the Premises in good condition at all times and shall promptly make all repairs thereto that may be necessary for the preservation of the condition of the Premises and the continued operation and maintenance of the Temporary Construction Easement Area. Grantee shall follow best management practices in handling all excavated soils and materials to the excavation to the maximum extent possible. If any excess soils and materials remain after excavation work is completed, the Grantee shall be responsible for managing the excess soils and materials in accordance with all applicable federal and state laws. 3. The Grantee's rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by the Government to assure that the exercise of such rights will not interfere with Government activities at the Facility. 4. The perimeter of this easement shall be clearly fenced and Grantee shall post signs restricting entry onto the easement area. Grantee shall tightly control access to the easement area. Grantee shall maintain a clear zone of 20 feet from this fence at points in which it abuts the Puget Sound Naval Shipyard (PSNS) and Intermediate Maintenance Facility (IMF). No materials or equipment of any kind shall be staged in this area. Construction activities shall be permitted in this area, provided that the 20 foot clear zone is maintained as stated above. 5. The Government may use the Premises of the temporary construction easement for any purpose that does not unreasonably interfere with the use and enjoyment by the Grantee of the rights granted by this easement. 6. All or any part of this temporary construction easement may be terminated upon failure by the Grantee to comply with any of its terms and conditions or upon abandonment of the rights granted herein. 7. Upon termination of the temporary construction easement, the Grantee at its expense, shall remove, to the extent requested by the Government, improvements installed or constructed hereafter, and shall restore the premises to the same or as good a condition as that which existed prior to the exercise by the Grantee of its rights 111I111111111I11I11I11I1I11I111I11I1111I111I11II111 BREMER TON CITY OF W1T ~:t: . ~~ 200607100260 P<ige: :3 elf 7 87!18!28~B 8:3:41P Ki tS<ip Co.. ~jA hereunder. Such restoration shall be done in a manner satisfactory to the Commanding Officer of the Naval Facilities Engineering Command Northwest. 8.. If at any future time, the Government determines that the projects, or any portion thereof, unduly interfere with any of its activities, it shall have the right to terminate this temporary construction easement, in whole or in part or to bring construction activities to a halt for any time period necessary to eliminate such interference. 9. Grantee shall be the "Generator" for this site and shall be responsible for the proper designation, management, and the disposal of waste as specified under the Resource ConseNation and Recovery Act (RCRA) and as defined in the Washington Dangerous Waste Regulations, WAC173-303. 10. Grantee, on behalf of itself, its agents, representatives, contractors, successors and assigns shall at its own expense comply with all applicable laws, codes and regulations relating to such projects. 11. All work shall cease and the Commanding Officer of the Naval Base Kitsap at Bremerton, Washington shall be notified if any buried debris or foreign and potentially hazardous material is encountered during installation of the projects. 12. If Grantee shall at any time abandon or remove from seNice any portion of the existing projects, it shall take such.measures as may be needed to cap or terminate any abandoned or discontinued underground lines and equipment at no cost to the Government, its successors and assigns in compliance with applicable laws, codes and regulations related to the abandonment or removal. 13. Upon request of the Government, its successors and assigns, Grantee will identify for Government, its successors and assigns the location on site of the projects located underground in the vicinity of any proposed development or construction activity. In no event shall Government, its successors and assigns be liable for any damage to any lines or equipment whose location has not been accurately established on the site by Grantee, nor for any disruption or cessation of seNice resulting from construction or development in areas where Grantee has failed to accurately establish the location of its projects. 14. Grantee shall consult with Qwest Communications and Cascade Natural Gas to relocate or abandon any utilities on the site that will be disrupted by Grantee's construction of the improvements described herein. 15. The Government's rights specifically include the right for Government officials to inspect upon reasonable notice the temporary construction easement for compliance with environmental, safety, and occupational health laws and regulations, whether or not the Government is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement officials to make such inspections. 11111I1111111111111111111111111111111111111111111111111 :;j~~2:~; ~~:~pO BRUlERTON CITY OF ESm $38 . ~~ Kit sap Co.' ~~A Grantee shall have no claim on account of any entries against the United States or any officer, agent, employee, contractor or subcontractor thereof. 16. The Grantee shall protect the land from environmental degradation and shall assume any and all legal responsibilities for all rights granted by the temporary construction easement. 17. Storage, treatment, or disposal of toxic hazardous materials on the Premises is prohibited except as authorized by the Government in accordance with 10 U.S.C. 2692. 18. Grantee shall indemnify and hold harmless the Government from any costs, expenses, liabilities, fines, or penalties resulting from discharges, emissions, spills, storage, disposal, arising from Grantee's construction, occupancy, use or operations, or any other action by Grantee giving rise to Government liability, civil or criminal, or responsibility under Federal, state or local environmental laws. This provision shall survive the expiration or termination of the temporary construction easement, and Grantee's obligations hereunder shall apply whenever Government incurs costs or liabilities for Grantee's actions. 19. Grantee shall indemnify and hold harmless Government from any costs, expenses, liabilities, fines, suits, actions, damages, liability and cause of action arising or growing out of, or in any manner connected with, the occupation or use of the temporary construction easement by Grantee and the employees, agents, servants, guests, and invitees of Grantee; however, this liability shall not extend to matters caused by the Government's negligent or willful acts. This provision shall survive the expiration or termination of the temporary construction easement, and Grantee's obligations hereunder shall apply whenever the Government incurs costs or liabilities for Grantee's actions. 111111111111111111111111111111111111111111111111 BREMER TON CITY OF mn M:,GG 200607100260 F'i1ge 5 of 7 G7/1G/2GG6 G3:41P Ki t.Si1p Ce", ~1A IN WITNESS WHEREOF, the Government, acting through the Department of Navy, has caused this instrument to be executed the day and year written first above. UNITED STATES OF AMERICA BY:~ &~ MICHAEL D. BRADY Director, Real Estate Real Estate Contracting Officer Naval Facilities Engineering Command Northwest State of Washington County of Kitsap I certify that I know or have satisfactory evidence that Michael D. Brady is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director, Real Estate, Real Estate Contracting Officer, Naval Facilities Engineering Command Northwest, United States Department of Navy to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ~..--t:... ~\ 200(., Signature: Cl~"'-- CJ------ C l?A-,dz:s t.<1 VAtU Cu:--~ Title: Nv+oftL7 t?vblcL My appointment expires: IttHc.- L q, z..OO'1 -. . ,:~~"'i~~~ ",,"':' ; I '. ...j..........\\\' ~~'. ~'1Ii~/1. . ..,i. ",''',\,'.. 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L f2 / 19-75-- r / ~ / fa ~""- L l..t..;; ~f7--o-S-~ ~ / ~ QJ g r /6ft -- n I 15--- I r.--- / 1----- / 3 / /-2--- 4' ~--- 14' 1 DAVID EVANS ~ N88'24'32"W ANoASSOCIATES INC. / ~ 4.~~9'00' / _ let STRE_ET 3700 Pacific Hwy, East, Suite 311 ~ I N88'24'32.W 149,OO'(C, PLAT) T I'D. so BRASS DISC Tacoma Washington 98424 w~ IN liON CASE Phone: 253,922.9780 EXHIBIT 'A' TEMPORARY EASEMENT SOl'33'47"W C!;J'- 30~'=\ N88'26'13.W 816,59'(M) 816,5'(PLAT) BURWELL STREET 81.36 -l y ?-'\o~' ~?-s~ 0<:( "'\o~~ :J w I ~- -,v 0 ,/ "\ Co q c'<' ..., Ll) ~\..o 5 ;: z 2j 2~ 15 16 17 18 19 20 22 21 23 LINE L1 L2 "-. S88'26'13"E 8' LINE TABLE BEARING N01'38' 48"E N51'06'37"W SCALE: l' = 80' ..~ iTmli t~~ b - -N01'35'20"E I") 30.00' 35.00', ,-- 35' L35' / ~ ~ / z I~ / ~ ~ / <( :5 o N [-- / - ~ ~ ~ / D..-pc>> / :5~ ~I / 35' :8 35' / ~ FDsok~-- - ~ I w~ I' DOWN IN ; J"'" "'" - N88'24'32". v 2nd STREET 35'~1 35' r--- . ~ 3' / I~ / ~ / / / / / 35' I 35' / L____ -- ~ ~ 15 .. l"- N P'\E\ExeI0000-0009\0300co.dd\330svdwg\LEGAL EXHIBIT\ExelOOOO-0009 SV TEMP-EXHIBIT -12-27-05.dwg 12/27/2005 111111111111111111111111111111111111111111111111111111 :;J~:;;; 1~:~pO BREMERTON CITY OF WlT ~:t: . ~~ Kit. S<'Ip Ce,.< ~~A