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Home My WebLink About200607100261 Filed for Record at Request of: 1111111111111111111111111111111111111111111111111111111 :~J~~2~~i 1~~~p1 BRnlERTON CITY OF WlT ~:8. (1(1 Ki tS-'1p Co.. ~jA When Recorded Return to: City of Bremerton 345 6m Street, 6m Floor Bremerton, WA 98337 Attention: Gary Sexton. Director of Economic Development eXCISE TAX EXEMPT JUL ., 2006 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 17 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 - Portions of 3718-013-023-0003, 3718-012-011-0009, 3718-012-010-0000, 3718-012-009-0003, 3718-012-005-0007, J710-012-00~3718-012-004-0008, 3718-012-003-0009, 3718- 012-001-0001 and 232401-1-001-2007) ~II ~- 01 z- 00"1- 000:' --------------------------------------------------------------------------------------------------------------------- N4425506RPOOT07 GRANT OF EASEMENT THIS INDENTURE, made the c:2(J \f--I1 day of \. fun e , 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 an easement for the construction, installation, operation, maintenance, repair, and replacement of an underground combined sewer overflow structure generally located south of Burwell Street and west of Pacific Avenue, and a public right of way which consists 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 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 an easement in perpetuity for the construction, installation, operation, maintenance, repair, and replacement of this combined sewer overflow and these public right-of-way improvements, hereinafter referred to as the improvements described herein; such easement being on that portion of the Facility hereinafter called the Premises, and described as follows: THAT PORTION OF LOTS 17 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 NORTH 88026'13" WEST ALONG THE CENTERLINE OF SAID BURWELL STREET 299.88 FEET; THENCE SOUTH 01033'47" WEST 30.00 FEET TO THE SOUTHERLY RIGHT-OF- WAY MARGIN OF SAID BURWELL STREET AND THE POINT OF BEGINNING; THENCE SOUTH 51006'37" EAST 219.31 FEET; THENCE SOUTH 11010'18" EAST 364.99 FEET TO THE SOUTHERLY LINE OF SAID BLOCK 13 AND THE NORTHERLY RIGHT-OF-WAY MARGIN OF 1st STREET; THENCE SOUTH 88024'32" EAST ALONG SAID SOUTHERLY LINE AND SAID NORTHERLY RIGHT-OF-WAY MARGIN 9.80 FEET TO THE WESTERLY RIGHT-OF- WAY MARGIN OF SAID PACIFIC AVENUE THENCE NORTH 01035'20" EAST ALONG SAID WESTERLY RIGHT-OF-WAY MARGIN 488.99 FEET TO SAID SOUTHERLY RIGHT-OF-WAY MARGIN OF BURWELL STREET; THENCE NORTH 88026'13" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY MARGIN 264.86 FEET TO THE POINT OF BEGINNING. CONTAINING 41,460 SQUARE FEET OR 0.95 ACRES, MORE OR LESS. Parcel is shown on a map marked "Exhibit A," attached hereto and made a part hereof. THIS 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 improvements described herein shall be done without cost or 11111I111111I1I11111I11111111111111I11111I11111I111111I :;j~~21~'; 1~~:p1 BREMER TON CITY OF WlT $3t:. 88 Ki tsap Co! ~jA 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 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. Grantee shall maintain a clear zone of 20 feet from the Puget Sound Naval Shipyard (PSNS) and Intermediate Maintenance Facility (IMF) permanent perimeter security fence/barrier. No materials or equipment of any kind shall be staged in this area. Construction activities for the purpose repairing and replacement of the improvements described herein 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 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 easement may be terminated upon failure by the Grantee to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or upon nonuse of such rights for a period of two consecutive years. 7. Upon the termination of this easement, the Grantee, at its expense, shall remove, to the extent requested by the Government, improvements installed or constructed hereunder, 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 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 improvements described herein, or any portion thereof, unduly interfere with any of its activities, it shall have the right to terminate this easement, in whole or in part, to the extent necessary to eliminate such interference; PROVIDED THAT, unless the Government shall have determined that relocation is not feasible, it shall convey to the Grantee, without charge, a substitute easement permitting the Grantee to relocate said improvements on adjacent Government property, at Grantee's cost and expense. The substitute 1111111111111111111111111111111111111111111111111111111 :;j~:g;i ~~~:p1 BREMER TON CITY OF ES~1T ~:t: . rjrj Kit. sap Co! ~~A easement shall contain the same terms and conditions as those of this easement, and shall bear the same expiration date, if any. 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 Conservation 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 improvements described herein. 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 improvements described herein. 12. If Grantee shall at any time abandon or remove from service any portion of the existing improvements described herein, 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 improvements described herein 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 service resulting from construction or development in areas where Grantee has failed to accurately establish the location of its improvements described herein. 14. The Government's rights specifically include the right for Government officials to inspect upon reasonable notice the 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. Grantee shall have no claim on account of any entries against the United States or any officer, agent, employee, contractor or subcontractor thereof. 15. The Grantee shall protect the land from environmental degradation and shall assume any and all legal responsibilities for all rights granted by the Easement. 16. 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. 1111111 IIII{ IIII!II !1I1 11111111111 11111 1111111' 11111111 !;j~:~; ~~~:1 E,RnlERTuN LIT ( uF W1T :t3f: . 00 Kit. S2Ip Co.' ~~R 17. 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 Easement, and Grantee's obligations hereunder shall apply whenever Government incurs costs or liabilities for Grantee's actions. 18. 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 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 Easement, and Grantee's obligations hereunder shall apply whenever the Government incurs costs or liabilities for Grantee's actions. 11111111111111111111111111111111111111111111111111111 :;j~~2~~i 1~~:1 8REMERTON CITY OF Esm t::t: . ~~ Kit sap Co.' ~~A 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: J"v'e 2.0\ :lilaC:, Signature: ~ (}..;Vi>"'- c> U.q..lde~ vJ V..wJ tf~t4-te Title: fJD~ p.., b ('c..- My appointment expires: f.\v\JLt-l ~\ "l..:OD<f ;.r ~';:I~~n' F\~~.~'~' ~'~.~~tYi ;~ ','~ ~. " , ' ,\,\\"\lIl1l11llti~!>!;\<;" \ ~", c 14.$. V4J1 //,:, ,.....' ~~';J; 0.......". se:>'~' if~ :.\, t._ >... ,,0 .. '" ~ ~fty.o-;,c\Otl~... ((&~.. g :P;'.o.o~..~ :- _ ..J~..../1P'Jot ~ .: ,,;i:: ~ \~ (fl, II [.G}' -;, ~ a~,. :: ~ ~. 0 . ~ ::r~ =. P:=~~ :; <> ~..;~ t.~" _.l If:; ;1,' . . "'11 \€" : :-: , -' tft. "'y fIt. v .::;,::;: ,: V ~l'[:;:' 00 : ~ ~ , ~ ..y "0 ~~ OI{1.. 4... ~ ~ .,.~:.-. .0".0' !:J...", .... ~ ~ ~ '1;' ........ \~ '" , ~"'''' () r- "JII '" \\ ,I' , II11 \!l ~. iJ' \\\' \ ; "~/1''''1111\\\\'' ".f.!"'~'\.i/\(;~ ,: !f,~ i';^,', '.''iH''J.;'..II$.il'':..H'.tJ<, "111111I11111111111 11111111 BREMERTON CITY OF Esm :t;:€: , 88 200607100261 F'i'tge : 8 of 7 87/18/2888 83:42P Ki tSi't~1 Co.. ~jA EXHIBIT 'A' PERMANENT EASEMENT SOl '33' 47"W 30.00'~ ~ " N88'2~13.W 816,~'(M) - 816,S'(PLA1) -g- --'.1': ~-~ I '- 299.88' _ : BURWELL STREET -, 264j86 I ,-- PoO/oB. x..~~~'\ . 35' L35' I ~~ I ~ I ~ O~ ~I ~?.9 if.>~ c'l-- \ ~ "iO: /,6117 18 1~~7' ~ ~~O 2t2J:125 f ~ : ~ ~ I;; I - ~ o 1:::- I I <( ~ ,~; 12 0..'P<>> I --- :5~ I I cv 11 ~I I I I - -- 35' :2 35'1 I -j 10 0, ~ FD3"~~-- I I OJ 9 ~ ~ 1 wlX' " DO" IN I I 8 'l' j'"' "'" - N88"24'32.. I ~ ~ _ 2nd STREET I L ~$ 7 35':IO~1 35' ,r--- II ~1'"1 ~'P I IK_~6 ~:5 I I ~ 'S. 5 I~ " II g- :: I Hr- _ _ 4 I~ " 11;<: 3 ~ II~ - - 2 I Ie - - " r- 35' I 35' ~4~ 1 I in -10iloo- L____ , r') ~t STREr:! ~ I N88'24'32.W 149.00'(C, PLA1) T ~. 3" BRASS DISC WIX' IN liON CASE SCALE: l' = 80' .~ DAVID EVANS ANoASSOCIATES INC. 3700 Pacific Hwy. East, Suite 311 Tacoma Washington 98424 Phone: 253.922.9780 P'\E\Ex~IOOOO-OOO9\0300cmdd'\3305Vd.g\LEGAL EXHIBmEx~IOOOO-OOO9 SV LEGAL -EXHIBIT -12-e7-D5.dwg IUe7leD05 111111111111111111111111111111111111111111111111111111 :;j~~2;:i ~B~~:p1 BREMERTON CITY OF ESMT ~:8,~~ Kit5~p Co! WA