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Filed For Record at Request of:
When Recorded Return to:
City of Bremerton EXCISE TAX EXEMPT AUG 28 2006
345 6m Street, 6m Floor
Bremerton, WA 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 THE PLAT OF "TOWN OF
BREMERTON", RECOREDED IN VOLUME 2 OF PLATS PAGE 30, GOVERNMENT
LOT 3 OF SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., AND
TIDELANDS SITUATE WITHIN THE CITY OF BREMERTON, KITSAP COUNTY,
WASHINGTON (Additional legal on page 2 of the document)
Assessors' Property Tax Parcel/Account Number: NA-Federal Property
N4425506 RPOOT08
GRANT OF EASEMENT
THIS INDENTURE, made the l~ day of Au."l!.Sl , 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 use of a strip of property 20
feet in width which comprises the Government's Security Buffer Zone along the east
side of the Puget Sound Naval Shipyard between First Street in Bremerton, WA and
Sinclair Inlet. Said easement will be between the Government's Security Fence and the
property line that has been established between Government and Grantee pursuant to
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Section 2845 of the National Defense Authorization Act of 2004. The easement will be
used by Grantee as part of its Maritime Park.
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 authority of 10 USC
2668, hereby grants to the said Grantee and its successors and assigns an easement
for a period of 50 years from the date set forth in this Grant of Easement for the
construction, installation, operation, maintenance, repair, and replacement of a portion
of Grantee's Maritime Park, 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 THE PLAT OF "TOWN OF BREMERTON", RECORDED IN
VOLUME 2 OF PLATS, PAGE 30, GOVERNMENT LOT 3 OF SECTION 24,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., AND TIDELANDS SITUATE WITHIN
THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF FIRST
STREET AND PACIFIC AVENUE;
THENCE SOUTH 88024'32" EAST ALONG THE CENTERLINE OF SAID FIRST
STREET 149.02 FEET TO A BRASS MONUMENT;
THENCE SOUTH 01036'57" WEST 35.00 FEET TO THE SOUTHERLY RIGHT-OF-
WAY MARGIN OF SAID FIRST STREET;
THENCE NORTH 88024'32" WEST ALONG SAID SOUTHERLY MARGIN 225.01 FEET
TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE NORTHEAST FROM WHENCE ITS CENTER BEARS
SOUTH 88024'14" EAST 67.00 FEET DISTANT;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 74.31 FEET
THROUGH A CENTRAL ANGLE OF 63032'46";
THENCE SOUTH 61057'00" EAST 43.68 FEET TO THE BEGINNING OF CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 150.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 85.65 FEET
THROUGH A CENTRAL ANGLE OF 32042'58" TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE TO THE WEST FROM WHENCE ITS CENTER
BEARS SOUTH 60045'58" WEST 103.00 FEET DISTANT;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 44.99 FEET THROUGH A
CENTRAL ANGLE OF 25001 '40" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 110.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 48.05 FEET THROUGH A
CENTRAL ANGLE OF 25001 '40";
THENCE SOUTH 29014'02" EAST 435.28 FEET;
THENCE SOUTH 00000'23" WEST 208.76 FEET;
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THENCE SOUTH 42058'09" EASt 13.67 FEET TO THE LINE OF ORDINARY HIGH
TIDE;
THENCE SOUTH 46033'33" WEST ALONG SAID LINE OF ORDINARY HIGH TIDE
40.37 FEET;
THENCE NORTH 00000'23" EAST 207.38 FEET TO THE BEGINNING OF CURVE
CONCAVE TO THE WEST HAVING A RADIUS OF 130.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 66.34 FEET THROUGH A
CENTRAL ANGLE OF 29014'25";
THENCE NORTH 29014'02" WEST 395.95 FEET TO THE BEGINNING OF CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 130.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 56.87 FEET THROUGH A
CENTRAL ANGLE OF 25003'46" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 83.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 36.39 FEET
THROUGH A CENTRAL ANGLE OF 25001'06" TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE TO THE SOUTHWEST FROM WHENCE ITS
CENTER BEARS SOUTH 85053'04" WEST 130.00 FEET DISTANT;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 74.23 FEET
THROUGH A CENTRAL ANGLE OF 32042'58";
THENCE NORTH 61051'00" WEST 43.68 FEET TO THE BEGINNING OF CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 87.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 96.49 FEET
THROUGH A CENTRAL ANGLE OF 63032'42" TO THE SOUTHERLY RIGHT-OF-WAY
MARGIN OF SAID FIRST STREET;
THENCE SOUTH 88024'32" EAST ALONG SAID SOUTHERLY MARGIN 20.00 FEET
TO THE POINT OF BEGINNING.
CONTAINING 19,567 SQUARE FEET OR 0.45 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 improvements 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
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.
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3. The purpose for which this easement may be used is exclusively for landscaping
purposes, solely for the purpose of installing and maintaining plants not to exceed 8" in
height. Should any plant grow beyond 8" in height Grantee shall immediately trim it
back to the level of the 8" height restriction.
4. 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.
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
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
111I1111111111I111111111111111111111111I1111111 ::j~~2:;;1~~~p3
CITY OF BREMERTON
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hazardous material is encountered during installation of the improvements described
herein.
12. 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.
14. The Grantee shall protect the land from environmental degradation and shall
assume any and all legal responsibilities for all rights granted by the Easement.
15. Storage, treatment, or disposal of toxic hazardous materials on the Premises is
prohibited except as authorized by the Government in accordance with 10 use 2692.
16. 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.
17. 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.
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200608280373
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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
Engineering Field Activity, NW
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 EriginE?ering Command Northwest, United States Department of Navy to be
; !~,E7~\fiejtIW~:~i,~~I~~t~ry act of such party for the uses and purposes mentioned in the
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EXHIBIT A
SECURITY BUFFER ZONE EASEMENT
FD 3" BRASS DISC
W(t I' DO'M'l IN I
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SCALE IN FEET
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FD 3" SURFACE
BRASSlE STAMPED
"wsr PACE 23612"
SOl "36'57"W
r 35.00'
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UNE TABLE
UNE BEARING
Ll S61'57'00"E
L2 S42'58'09"E
L3 N6 '57'OO"W
LENGlli
43.68'
13.67'
43.68'
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CURVE TABLE
DELTA RADIUS
63'32'46" 67.00'
32'42'58" 150.00'
25'01'40"103.00'
2S'OI'40" 110.00'
CURVE
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C3
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74.31'
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44.99'
48.05'
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BLOCK 1
PARCEL
B
RADIAL UNE TABLE
UNE BEARING RADIUS
Rl N28'03'OO"E 67.00'
R2 N28'03'OO"E 87.00'
R3 S28'03'OO"W 150.00'
R4 S28'03'OO"W 130.00'
RS S60"4S'S8"W 103.00'
R6 S60'4S'S8"W 83.00'
R7 N8S'47'38"E 110.00'
R8 sas"47'38"W 130.00'
R9 N60'45'S8"E 110.00'
RIO N89'59'3TW 130.00'
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FD 3" SURFACE
BRASSlE STAMPED
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