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Home My WebLink About200109060307 ... Filed for Record at Request of: CITY OF BREMERTON 1111111111111111111111111111111111111111111111111111111 ~J;;:2~~~1~:~p7 BREMERTON cm' OF QCD $11. SS Ki tsap Co, WA ' When Recorded Return to: Name Bremerton City Clerk Address 239 Fourth Street Bremerton, Washington 98337 KITS~P COUNTY TRE~SURER EXCISE 09/06/2001 2001EX07450 0\2 Total: $2.00 Clerk's Initial Docwnent Title: Quit Claim Deed for Kean Boulevard Reference Number of Docwnent Assigned or Released: Not Applicable Grantor's Name: Burton A. and Lucy Pearce Grantee's Name: City of Bremerton Abbreviated Legal Description: PORTION NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SEC. 21, T24N, R1E, W.M., KITSAP CO., WA. Property Tax Parcel/Account Number: 3745-000-031-0205 QUIT CLAIM FOR RIGHT-OF-WAY THE GRANTOR, Burton A. and Lucy Pearce, for and in consideration of mutual benefitsj conveys and quit claims to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: THAT PORTION OF THE FOLLOWING DESCRIBED TRACT "A" LYING WITHIN THE FOLLOWING DESCRIBED TRACT "B". TRACT "A" PARCEL I: THAT PORTION OF LOTS 31, 32, 33 AND 42 AND OF THE SOUTHWESTERLY 200 FEET OF LOT 34,35 AND 36, PLAT OF FERNWOOD AS RECORDED IN VOLUME 4 RIGHT-OF-WAY DEED BURTON A. AND LUCY PEARCE -1- 6/14/01 OF PLATS, PAGE 89, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRlliED AS FOLLOWS: EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER AUDITOR'S FILE NO. 995234; ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY AUDITOR'S FILE NO. 1000764 FOR AUTO CENTER WAY; ALSO EXCEPT THAT PORTION OF SAID LOT 34 THAT LIES WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 34; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY MARGIN OF SAID LOT 34 A DISTANCE OF 60 FEET; THENCE SOUTHWESTERLY PARALLEL TO THE SOUTHEASTERLY LINE OF SAID LOT 34 A DISTANCE OF 200 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 34 WHICH LIES 200 FEET SOUTHWESTERLY OF THE EASTERLY CORNER OF SAID LOT 34; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 34 TO THE POINT OF BEGINNING; ALSO EXCEPT THAT PORTION OF SAID LOTS 35 AND 36 THAT LIES SOUTHWESTERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 36; THENCE NORTHEASTERLY ALONG THE NORTHWEST LINE OF SAID LOT 36 A DISTANCE OF 35 FEET TO THE POINT OF BEGINNING OF THE LINE OF EXCEPTION; THENCE DEFLECTING 900 (DEGREES) RIGHT, SOUTHEASTERLY, 100 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF LOT 42 OF SAID PLAT OF FERNWOOD 284 FEET, MORE OR LESS, TO THE NORTH MARGIN OF ROGERS STREET AND THE TERMINUS OF THIS LINE; ALSO EXCEPT ANY PORTION LYING WITHIN AP ARCEL CONVEYED TO HARRY CORLISS, ET AL BY DEED RECORDED UNDER AUDITOR'S FILE NO. 9308310490. PARCEL II: AN EASEMENT OVER AND ACROSS THE NORTHWESTERLY 12 FEET OF THE REMAINDER OF SAID LOT 36, PLAT OF FERNWOOD, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 89, RECORDS OF KITSAP COUNTY, WASHINGTON AND THAT PORTION OF VACATED FERNDALE AVENUE LYING BETWEEN THE NORTHERLY PROLONGATION OF THE NORTHWESTERLY AND THE SOUTHEASTERLY MARGINS OF SAID EASEMENT TO ARSENAL WAY. TRACT "BOO A STRIP OF LAND 50 FEET IN WIDTH, LYING 25 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; 1111111111111111111111 :;j~:2:~?1~:~p7 BREMERTON CITY OF QCD $11.~~ Kits~p Co, WA b/.LLt/U.L RIGHT-OF-WAY DEED BURTON A. AND LUCY PEARCE /' 1111111111111111111111 C!TY OF BREMERTON AGm $14 . SS 3241860 P<1gl?: 1 elf 7 S3!S8!2SSSS4:18P Ki tS<1p Ce,! WA Filed for Record at Request of: CITY OF BREMERTON When Recorded Return to: Bremerton City Clerk 239 Fourth Street EXCISE TAX EXEMP1 MAR. '9 2000 Bremerton, W A 98337 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE Document Title: POSSESSION AND USE AGREEMENT Reference Number of Related Documents: Grantor(s): Burton A. and Lucy Pearce Grantee(s): City of Bremerton Abbreviated Legal Description: PORTION NORTHEAST QUARTER OF THE I NORTHEAST QUARTER, SEe. 21, T24N, R1E, W.M., KITSAP CO., W A. Additional Legal Description is on Pages 4, 5 and 6 of Document. Assessor's Tax Parcel Number: 3745-000-031-0205 POSSESSION AND USE AGREEMENT Kean Boulevard (formerly Rogers Street) This AGREEMENT is made and entered into by and between the City of Bremerton, hereinafter referred to as the "City", and the undersigned, hereinafter referred to as the "Owners": WITNESSETH WHEREAS, the City affirms that the Owners' real estate described herein is required by the I City for immediate construction of a transportation and stormwater project. AND WHEREAS, the City affirms that any delay in its construction program is contrary to the public interest; AND WHEREAS, the City has made a firm and continuing offer to pay the amount of $28,000 for the purchase of the following described real estate situated in Kitsap County, in the State of Washington: Page 1 of 6 Pages Project No. A730061 Parcel No.8 I PLEASE MAKE NO MARK IN THE MARGIN SPACE. RESERVED FOR COUNTY AUDITOR'S USE PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. NOW THEREFORE, for and in consideration of the payment of said offer, the Owners hereby grant to the City a right to possess and use the above described real estate and the parties further agree that: 1. The real estate is necessary for a public use of the City of Bremerton. 2. The City will issue a warrant in payment to the Owners of the amount of the offer stated above, subject only to deduction of the value of interests of others therein. 3. Execution of this agreement by the undersigned parties shall not prejudice such parties' rights to subsequent adjudication of just compensation pursuant to state law, and neither shall this agreement, nor the basis tlierefore, be construed as an admission of fair market value or just compensation by any of the parties named herein. 4. If it becomes necessary for the City to institute condemnation proceedings, the Owners stipulate to the City causing to be entered an Order Adjudicating Public Use, as provided by RCW 8.12.090. Such stipulation shall relate to possession and use only. The Owner does not waive its right to trial by jury to determine just compensation. 5. The date of valuation for the determination of just compensation shall be the date that this agreement is accepted and approved by the Department of Public Works and Utilities Director. 6. The Owners hereby waive the requirement of a written notice to move, as provided by RCW 8.26.180, and will surrender possession of the above described real estate to the City not later than December 24, 1999. 7. This agreement is entered into pursuant to City of Bremerton Ordinance No. 4671 and shall be construed consistent with that ordinance. Specifically, but without limitation, if there is any discrepancy between the the legal descriptions attached as Exhibit A or the property reflected in the drawings attached as Exhibit B on the one hand, and description of the Owners' property which the City of Bremerton is authorized by Ordinance No. 4671 to condemn on the other hand, then such. discrepancy shall be resolved by reference to the terms of Ordinance No. 4671. Page 2 of 6 Pages Parcel No.8 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. - - - . . - 11111111111111I1111111 CITY OF 8RE~1ERTON AGm $14. SS 3241860 Page: 2 of 7 S3!S9!2SSSS4:19P Ki tsap Co.< WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. \ POSSESSION AND USE AGREEMENT' .-----~------J IT is understood and agreed that delivery of this agreement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Bremerton unless and I until accepted, ~r:d approved hereon in writing for the City of Bremerton, Director of Public I Works and UtIlitIes. . Dated ,2~O Accepted and Approved CITY OF BREMERTON r DirectafofPublic Warks and Utilities BY:~ 'f- W. Eugene Date: z,/?-/~ . I I STATE OF WASHINGTON) : ss. I County of ) On this / day of ;:- ~ ' ~O.qz;.. before .me ,Personally appeared Burton A. and Lucy Pearce, to me known to be the mdIvIduals descnbed m and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under. my hand and official seal the day and year last above written. N~ -:-~the State of Washington, ElIZABE1H M. 0000 STA1E Of WASHINGTON NOT AR'f ..e.- PUBLIC \.\'1 COUUISS10N EXPIRES 7 -13-02 Residing at /f~ JJc.... My Appointment Expires 7ff)/ OJ... Page 3 of 6 Pages Parcel No.8 I I I J PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. 11111111111111I1111I II CITY OF BREMERTON AGMT $14.88 3241860 Pi1ge: 3 of 7 83/89/288884:19P Kitsi1p COI WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. POSSESSION AND USE AGREEMENT EXHIBIT A THAT PORTION OF THE FOLLOWING DESCRIBED TRACT "A" LYING WITHIN THE FOLLOWING DESCRIBED TRACT "B". TRACT "A" PARCEL I: THAT PORTION OF LOTS 31,32,33 AND 42 A.ND OF THE SOUTHWESTERLY 200 FEET OF LOT 34, 35 AND 36, PLAT OF FERNWOOD AS RECORDED IN VOLUME 4 OF PLATS, PAGE 89, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER AUDITOR'S FILE NO. 995234; ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY AUDITOR'S FILE NO. 1000764 FOR AUTO CENTER WAY; ALSO EXCEPT THAT PORTION OF SAID LOT 34 THAT LIES WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 34; THENCE NORTHWESTERL Y ALONG THE NORTHEASTERL Y MARGIN OF SAID LOT 34 A DISTANCE OF 60 FEET; THENCE SOUTHWESTERLY PARALLEL TO THE SOUTHEASTERLY LINE OF SAID LOT j4 A DISTANCE OF 200 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 34 WHICH LIES 200 FEET SOUTHWESTERLY OF THE EASTERLY CORNER OF SAID LOT 34; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 34 TO THE POINT OF BEGINNING; ALSO EXCEPT THAT PORTION OF SAID LOTS 35 AND 36 THAT LIES SOUTHWESTERL Y AND WESTERL Y OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 36; THENCE NORTHEASTERLY ALONG THE NORTHWEST LINE OF SAID LOT 36 A DISTANCE OF 35 FEET TO THE POINT OF BEGINNING OF THE LINE OF EXCEPTION; THENCE DEFLECTING 900 (DEGREES) RIGHT, SOUTHEASTERLY, 100 FEET; THENCE SOUTHERL Y PARALLEL WITH THE WEST LINE OF LOT 42 OF SAID PLAT OF FERNWOOD 284 FEET, MORE OR LESS, TO THE NORTH MARGIN OF ROGERS STREET AND THE TERMINUS OF THIS LINE; ALSO EXCEPT ANY PORTION LYING WITHIN A PARCEL CONVEYED TO HARRY CORLISS, ETAL BY DEED RECORDED UNDER AUDITOR'S FILE NO. 9308310490. PARCEL II: Page 4 of 6 Pages Parcel No.8 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. - - 11111111111111111111111 CITY OF BREMERTON AGMT $14.SS 3241860 Pd9i?: 4 of 7 S1'S9!2SSSS4:19P Kits.ap COI WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. POSSESSION AND USE AGREEMENT AN EASEMENT OVER AND ACROSS THE NORTHWESTERLY 12 FEET OF THE REMAINDER OF SAID LOT 36, PLAT OF FERNWOOD, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 89, RECORDS OF KITSAP COUNTY, WASHINGTON AND THAT PORTION OF VACATED FERNDALE AVENUE LYING BETWEEN THE NORTHERLY PROLONGATION OF THE NORTHWESTERLY AND THE SOUTHEASTERL Y MARGINS OF SAID EASEMENT TO ARSENAL WAY. TRACT "B" A STRIP OF LAND 50 FEET IN WIDTH, LYING 25 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE NORTHEAST CORNER OF SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 21 BEARS SOUTH 1059'41" WEST 2665.48 FEET; THENCE SOUTH 1059'41" WEST 1332.74 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE ALONG SAID NORTH LINE NORTH 88050'46" WEST 268.67 FEET TO THE CENTERLINE OF AUTO CENTER WAY; THENCE ALONG SAID CENTERLINE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 70019'29" WEST 449.57 FEET, THROUGH AN ANGLE OF 4006'56" AN ARC DISTANCE OF 32.29 FEET; THENCE NORTH 23046'11" WEST 38.01 FEET TO THE CENTERLINE INTERSECTION OF SAID AUTO CENTER WAY AND KEAN BOULEVARD (FORMERL Y KNOWN AS ROGERS STREET), ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF KEAN BOULEVARD, SOUTH 66013'49" WEST 62.63 FEET; THENCE ON A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 23046'11" WEST 271.91 FEET, THROUGH AN ANGLE OF 24055'25" AN ARC DISTANCE OF 118.28 FEET TO A POINT WHICH IS 12.5 FEET NORTH OF THE SAID NORTH LINE OF THE SOUTH HALF; THENCE CONTINUING ALONG SAID CENTERLINE AND PARALLEL TO SAID NORTH LINE, NORTH 88050'46" WEST 824.97 FEET; THENCE ALONG A CURVE TO THE LEFT, THE CENTER OF WHICH IS KNOWN AS POINT "A" AND BEARS SOUTH 1009'14" WEST 145.20 FEET, THROUGH AN ANGLE OF 39027'04" AN ARC DISTANCE OF 99.98 FEET; THENCE SOUTH' 51042'07" WEST TO THE CENTERLINE OF AUTO CENTER BOULEVARD (FORMERL Y KNOWN AS KEAN STREET) AND THE TERMINUS. TOGETHER WITH A 20 FOOT TEMPORARY CONSTRUCTION EASEMENT FOR' ROADWAY AND STORMWATER CONSTRUCTION PURPOSES OVER, UNDER AND UPON THE NORTH 20 FEET OF THE SOUTH 32.5 FEET OF TRACT "A". SAID Page 5 of 6 Pages Parcel No.8 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. " " 11111 '" II 1111 In I " C ITV OF BREMERTON AGMT $14. ~~ 3241860 PagE': 5 of 7 &3!&9!2&&&&4:19P Kitsap Co! WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR co1.iNTY AUDITOR'S USE ONLY. POSSESSION AND USE AGREEMENT EASEMENT IS TO TERMINATE ONE YEAR FROM THE COMPLETION OF THE ROADWAY IMPROVEMENTS ON ROGERS STREET. Page 6 of 6 Pages Parcel No.8 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. 1111111111111111111111 CITY OF BREMERTON AGMT $14.~~ 3241860 P~ge: 6 of 7 ~3!~9!2~~~~4:19P Kits<lp Co, WA ,J ~ -< -< o ....., r:o :;;0 m =< m :;;0 -< o :z: :D G"J =< -< ~ ..,. = = ~~:";:]tu ~~~~ !1.1 (:0 ....,.. '" -"- ....... r,-' b.1 ~ --.J (X) -<z.oO> =~...,O ::D .. -..J - (.D --0 " IS 043-01 IQ :1 . Kg. =-=-=~____~1'1__ ... 3 i I .. J col'-Ilt~t\."" \l~\'.~~ aU" p\.~' ~ ~ _....G. tN.. S.J. ~G.r. __J.S. '" R.W. Dol. _ 1:80 Dolo 11/2/99 11/9 ....-._ 11/9 IUtWy CITY OF BREMER TON I'U.UC WORK. .. UTIUTl~. eNQINeelUNO DIVl.,DN 3D.27 OL YIII'U. DRIve BREMERTON, WA. 98310 _-1-oI....L - OJJ ~, p..tti ~:\..\\A.\\" ?ttD . \ \ ti I "\ ~ - 'll000 "," ~t\'.~ ...... ..cI .,p.. \II -\ ~ f'\ -:r. G) -:r. '2. ~ OJ5-01 OJI-02 - - - - -11- - - - - - - - -II OJ2 OJI OJO - 029 IliIII 028 ~~. ~ Legend: +-~:l't~~ ~o~9l'.co" + -Cone. mon, in co.. to be ..t.(4) }f6 15 2, f2 ',""",-';W,,-.- r I I I I I I i ~I I I i I i I ~~ Ii I I I I I I I I f r...;._.._..~l ~..-::.." .. 2 b2 .. u.;;-:/t..... .. CENTERLINE SURVEY OF KEAN BOULEVARD LOCATED WITHIN SECTION 21, TOWNSHIP 24 NORTH, AANGE , EAST, W..... KITSAI' COUNTY, WASHINGTON "'~. :;:;:t;I~pt-.nw ~:;,; =ft~ _ f}af .~modlIby""Ot..."'" oI_.2000oI_Wt '"1 cUntietlOn In conf~ _1(1\ boo' _ 01 ~ ~ IhiIt, ~. 01 the ~ IhiIt.-.quat 01 ~'" Acl at IN '"uat Of Counl1 Auditor U lhe CUr 0' """"'10'" lI\ AudllOI I.. No. __ 01 2000. 5uNoy _. No. (11 ,( :r: ~ --- -\ .. ~