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HomeMy WebLinkAbout200508290131 I, , I \,,\~ 1\1" \\\\1\ \\\\1111\\ 1\\1\1 II"! l1\U1I1111\ 111\ !:~~~:J~r I~A1 TRAHSNATIOH TnL( WS co W11 S62,BG Kits~p COI IJ1 Return Address Mr. Paul M. Silver Karr Tuttle Campbell 1201 3rd Avenue, Ste. 2900 Seattle. WA 98101 Name Address City, State. Zip :;).cl1::.";).. ~~L ~ ......................................................................... Document Tltle(s) (or transactions contained therein): 1. Easement Agreement Reference NumbtJr(s) of Documents: (on Page of documents(s)) ........................................................................, Grantor(s) City of Bremerton Additional names on paae of document. " ...............................~........................................, Grantees(5) Mad Anthony's, Inc. Additional names on page of document ........................................................................, L.egal deacription (abbreviated: Le. lot. block, plat or section, township, range) . Ptn of Gov Lot 1, Sec 24, Twp 24N, Rgv l' EWM Additional legal is on of document ........................................................................, Assessor's Property Tax ParceUAccount Number Ptn of 24240120142009,24240120152008 Additional legalis on page of document ......................................................................... The AudltorlRecord ar will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. ......................................................................... Washington State County Audltor(Recorder'8 Indexing Fonn (Cover Sheet) EASEMENT AGREEMENT This Easement Agreement (this" Agreement") dated O{L.r'k-.. ~2004, is made by and between THE CITY OF BREMER TON , a Washington municipal corporation (the "City"), and MAD ANTHONY'S, INC.. a Washington corporation ("Grantee"). ' RECIT ALS A. The City (hereinafter referred to as "Grantor") owns that certain real propert)' commonly known as the Bremerton Harborside Garage located between First Street and Second Street, east of Washington Avenue in Bremerton, Kitsap County, Washington, legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Garage"). B. The top of the Garage is a structural pad (the "Pad"), suitable to serve as a base for the construction of additional improvements. including a hotel and restaurant. The Grantee is purchasing a portion of me Pad, together with the "air space property" above that portion of the Pad, 3.S is more particularly described on Exhibit B hereto, incorporated herein by this reference (the "Grantee's Property") on which the Grantee intends to construct a restaurant. c. The purpose of this Agreement is to create and convey to the Grantee an easement appurtenant to Grantee's Property which will allow the Grantee to use portions of the Garage for ingress, egress, utilities, parking and other purposes related to the development and commercial use of the Grantee's Property. This Agreement is also intended to provide for other aspects of the relationship between the Grantor and the Grantee, such as the future maintenance and repair of the Garage, insurance and indemnity. For purposes of this easement, the "Garage" shall be deemed to include the east walls of the adjoining Conference Center and office building, which Grantee shall have the right to use as the west wall of the Grantee's restaurant and the delivery and receiving areas, employee restrOOms, ba.nquet room and freight elevator located on the east side of the said wall. The Plans for the Garage, including the Pad, prepared by the Grantor's architects, LMN Architects, dated August 2004, (hereinafter, the .. Plans") are incorporated herein by this reference. Thi s Agreement also imposes (at Section 15, below) a height limitation with respect to the improvements to be built on the Grantee's Property for the benefit of the Grantor and Kitsap Transit, a Washington municipal corporation. which, though not a party hereto, has agreed to sign the "Consent to Easement" appended heretO. EXCISE TAX eXEMPT Avr:c 2 9 2005 AGREEMENT 1. GRANT OF EASEMENT BY GRANTOR. The Grantor, for and in consideration of Ten Dollars ($10.00) and other valUAble consideration, receipt of which is hereby acknowledged, hereby grants to the Grantee a perpetual easement appurtel12nt to and for the benefit of the Grantee's Property, for the use of portions of the Garage, as follows: - 1 - #515&55 vi 102261-001 10114/2004 I I\\I~ \~\\ ~\I\\ \I~\\ 1\11 \11\1\ \\\~ 1\\ \\1\\ \\~ 1\\\ ~~;~~:t~ 1,:~ lRAl1Sl{ATlQ\{ Tl TLE ItlS co ESI1T $69.88 K. tsap Co! \.lR ~"'JV'ct, ...J...J.... 1.1. Access and Support. Grantee shall have the non-exclusive right to use the Garage, including its structural elements, its ramps, walkways, stairways, passenger and freight elev3LOrs, garbage, recycling and loading areas to support the Pad and the improvements to be built by Grantee on the Pad, and for ingress and egress and the movement of materials. equipment and supplies. This easement is intended to permit the Grantee and il~ employees, agents, customers, invitees and contractors the right to pass through the Garage and to use portions of the Garage such as the ramps, elevators, walkways and stairways as is necessary or convenient to construct improvements on the Grantee's Property and thereafter to use those improvements in commerce, as a restaurant open to the public, or for any other lawful use. 1.2. Parking. The Grantee shall have exclusive parking rights with respect to eighty (80) parking stalls located as set forth on the Parking Plan attached hereto as Exhibit C. Grantor represents that it owns and has the right to grant use rights with respect to the said eighty (80) parking stalls and that none of the said sUllls are owned by Kitsap Transit. The Grantee shall have the right to manage and control these parking stalls, including, by way of example, the right to install signage, to have cars towed away for violating Grantee's rules, and to establish a "valet parking" arrangement. Grantee may also use these parking stanS as a staging area during construction of its improvements. Additionally, the Grantee will have exclusive use rights with respect to the elevator which serves the Grantee's Property, which elevator will serve both the P 1 and P 2 levels of the Garage. The foregoing notwithstanding, if Grantee's Property ceases to be used as a restaurant, the number of parking stalls to which Grantee shall have exclusive use rights shall be subject to reduction, provided that the number of exclusive use staUS shall be sufficient to allow adequate parking for Grantee's new use. In addition to the exclusive parking stalls Grantee's customers shall have. the right, on a "first come, first served" basis to use a11 other parking stalls in the Garage to the same extent and on the same basis as such stalls are made available to the general public. 1.3. Utilities. The Grantee shall have the right to use the utility systems located on or whiCh pass through the Garage as shown in the Plans. The said utility systems include electricity, natural gas, water, sewer, roof and surface water drainage, grease disposal, garbage disposal, recycling, fiber-optic andlor other cable or communications systems, sprinkler systems and firelburglar alarm systems. Grantee shall also have the non-exclusive right to use the Garage electrical transformer room arid cable room as shown on the Plans. 1.4. Mechanical Room. The Grantee shall have the exclusive right to use and install its equipment in approximately 1,000 square feet of mechanical room space on the first level mezzanine, at the location shown on the Mechanical Room Plan attached as Exhibit D hereto; and to connect its utility systems to the equipment located in this mechanical room. I I\\I~ \\1\\ ~~\I \111\\ 1\11 \~\I\ 11\\1 ~I \\1\\ I~I I\U ~~!r~ 1 ,~; TRAHSHRT10N TITLE INS CO [StlT 569.00 Kl\S~ Co, WA KS1S8SS v2 I 02161-001 1011412004 ~ '-" '-" ~~, v '-".... 1.5. Storage Space. The Grantee shan have the exclusive right to use approximately 300 square feet of storage space in Room P204, as shown on the Storage Room Plan attached hereto as Exhibit E. 1.6. Delivery and Receiving Area. Freight Elevator, and Employee Restrooms. The Grantee shall have thenon-exclusive right to use the delivery and receiving area, freight elevator and employee restrooms located west of the common wall which will separate the Grantee's Property from the adjoining conference center and office building, and the right to install steps providing access thereto in the common area adjacent to Grantee's kitchen doorway, as shown on the Delivery/Receiving/Restroom Plan attached as Exhibit F. 1. 7. Signage. Grantee shall have the right to install and thereafter maintain and replace signage on the Eastern and Southern building faces, at the Pl and P2 parking entrances, and on the monument sign on Front Street. All such signage shall comply with all applicable laws and ordinances and shall be subject to the approval of the City. which approval shall not be unreasonably withheld, conditioned or delayed. Attached hereto as Exhibit G is Grantee's Signage Plan as of the date hereof. Grantor hereby approves Exhibit G. 1.8. Banquet Room. The Grantee shall have the right to use, on a space available basis, the banquet room (identified as Meeting Room 103 in the Plans), located west of the common wall which will separate the Grantee's Property from the adjoining conference center. Grantee shan have the right to reserve use of the banquet room not more than thirty (30) days in advance of the proposed use date. The City shall have the right to charge Grantee a reasonable fee for the use of the banquet room and to impose reasonable. rules and procedural requirements. Grantee shall also have the right to insmll a door (at Grantee's. expense) through the common wall to provide convenient access \0 the banquet room from the Grantee'S Property. 1.9. Dumpster and Recycling. The Grantee shall have the right to place its own 16 yard "roll-off' compactor/dumpster adjacent to the loading dock in the garbage/recycling area shown in the Plans (or at such other location as the parties shall mutually agree upon) and to use (in common with others) a recycling area to be established by Grantor. 1.10. Vestibules. The Grantee shall have the .right to construct and thereafter maintain vestibules on the Pl and P2 levels, adjacent to the elevator which serves the Grantee's Property. substantially in accordance with the sketch attached hereto as Exhibit H. 2. GRANTEE'S OBLIGATION TO PAY CERTAIN UTILITY CHARGES AND MAINTENANCE COSTS. Grantee shall pay directly all separately metered utility 1515&55 v2 10226\-001 1011411004 \ 11\\\\ 1\~' \\\\1\ 1\\\11 \I~ \\\\\1 ~II\ III 11\\\ \\\\ \\1\ ~~~~;~: ,:: TRAHSHA1tOH TITLE IHS CO ESHT $69.96 Kitsap Co, ~R charges for utilities which scrv e the Grantee's Property exclusively - Grantee ,hall reimburse Grantor for its proponionat share of the utility charges which are not separately meterea and which serve hoth the Grantee's Property aod other propert)' (" Shared Utilities") - Grantee's "proportional share" of Shared Utility costs shall be 8 113 % . Prov.idcd, however, that Grantee's proportional share shall be subject to adjusunent in the event that either part)' can demonstrate that the Grantee's actual usage is signifieaotly greater than or less man 8 113% by , reason of changes from the presently contemplated uses of the Shared Utilities, In adaition, Grantee shall reimhurse Grantor for its proportional share of the reasonahle cost nf maintenanCe of Shared Utility systems, ana for the maintenance of mose portions of the Garage to which Granlee is granted exclusive use rights by this Easement. 3. MAINTENANCE. 3.1. Garage. The Grantor hereby agrees to maintain, at all times, in first class condition, and, as necessary, to repair or replace the Garage and its components, including its suuctural clements, the underlying land, and the Pad, as necessary to support me Grantee's Property and all entrances, exits, ramps, parking areas, stairwells, walkways, garbage, recycling and loading areas, freigbt and pasSenger elevators, restrooms, ana signage. 3.2. Utilities Systems The Grantor agrees to maintain at all times in first clasS condition, and, as necessary, repair and replace me utility systems located in or about the Garage or which pass through the Garage, which benefit the Grantee's "property 4. INSURANCE AND INDEMNITY. 4.1. Grantor's Property Insurance. Except as set forth in Section 4.2 below, the "Grantor agrees to maintain "all risk" (including nood and earthquake) property insurance covering the full replacement~st of the Garage and its component parts. including an utility systems located in or about the Garage or which pass through the Garage and serve the Grantee'S Property. The Grantee will be named as an additional named insured with respect to this property insurance "as its interest may appear." The said property insurance shall be written as a primary policy and not contributory to or in eXcess of any insurance coverage which Grantee may choose to maintain. The Grantor hereby waives the right to assert claims against the Grantee and rights of subrogation as against Grantee with respect to claims covered by the Grantor's property insurance (or claims which would have been covered if the Grantor had maintained such insurance). 4.2. Self Insurance. So long as the City is the owner of the Garage. it may choose to self-insure, rather than to maintain property andlor liability insurance as provided in ISlS85S v2 f 02261-001 1011412004 \ ~\~ \\1\\ 111\\\ \111\\ 1\11 \1\\1\ 11\\1 III \\I~ \111 ~\I ~~at~ i I:: TR~Tl OH Tl'TI.E: HiS CO (StIT i69 .00 K i \. s~ Co / UR Sections 4. J and 4.3: provided, however, that the last sentence of Section 4. J (pertaining \0 the waiver of the right to assert certain types of claims against the Grantee) shall be fully applicable. 4.3. Liability Insurance. The Grantor and the Grantee each agree to maintain a policy of commercial general liability insurance on an occurrence form, including but not limited to the following coverages: premises and operations: blanket contractual: prodnctsl completed operations: garage keeper's legal liability: owner's and contractor's protective; employer's contingent liability (stop gap): personal injury in or about the parties' respective properties covering claims for bodily injury or death; and property damage or loss. Each party's liability policy shall each name the other party as an additional insured: and shall have a combined single limit of not less than tWO million dollars ($2 million) per occurrence: and not less than tWO million dollars ($2 million) in.the aggregate (on a per location basis). 4.4. CeJ1lficatcs of Insurance. Each party shall provide the other party with an annual certificate of insurance confirming its maintenance of insurance as required in this Agreement. The certificates shall confirm that the policies may not he cancelled or reduced in coverage except after at least fortyOfive (45) days writtcn notice (or ten (10) days writlen notice for non-payment of premium) to the other part)' 4.5. Insurers. All insurers shall have a Best's rating of A V or belter and shaH be licensed and admitted in the state of Washington. 4.6. Indemnity. Except as provided in Section 4.1 above (with respect to claims covered by Grantor's property insurance or which would have been covered if such insurance were in place), the Grantee hereby agrees to indemnify, defend and hold harmless the Grantor with respect to loss, cost or damage to the exrent caused by the negligence or wrongful conduct of the Grantee or persons for whom the Grantee is legally responsihle (such as the Grantee's employees and contractors). .The Grantor likewise herehy agrees to indemnify, defend and hold harmless the. Grantee with respect to loss, cost or damage to the extent caused by the negligence or wrongful conduct of the Grantor or persons for whom tl" Grantor is legally responsible (such as its employees or conlI"ctors). To the extent necessary to render these indemnity obiigations enforceable, each party hereby waives its industrial insurance immunity. 4.7. Grantee's Waiver of Subrogation. Grantee hereby waives rights of suhrogation as against Grantor and as against Kitsap Transit (which has agreed to sign the Consent to Easement appended hereto) with respect to loss or damage covered hy Grantee's insurance. I I\\~ \\1\\ \111\1 \111\\ I~I lll\l\ ~\\I ~\ \llll \111 I\~ t1;~~9~: l~: TmlSHRilON TllLE HIS co EStH 169.86 'r::itsap Co} ~ f5l5855 ,,21 02261-001 10/14n~ "t::.:J ..........'oJ' .............. 5. MODIFlCA nONS TO THIS AGREEMENT. The parties recognize that this Agreement is intenaed to operate in perpetuity ana that over time, technology and circumstances will inevit2bly change. The parties agree that in t~e event of chang.ed circumstances, which are presently unforeseeable, and which are so significant that they render this Agreement and/or the Plans substantially unworkable, this Agreement and the Plans ,hall be subject to modification, but only as reasonably necessary to maintain their essential purposes, which are to provide commercially reasonable access, parking, utility and related rig.hts (as described in this Agreement) to the Grantee's Property, without unduly interfering with Grantor's property rights. If one party requests such a modification, the other pany shall not unreasonably withhold its consent thereto. 6. DISPUfES AND REMEDIES. 6.1. In the event that a party to this Agreement (a Breaching Party") should fail or refuse to comply in a timely manner with its obligations as provided in this Agreement (including the insurance provisions), the other party (the "non-Breaching Party'"'), following reasonable notice, may (but shaH not be obligated to) purchase such insurance or perform the required act. In such event, the Breaching PartY shall within ten (10) days following demand reimburse the Non-Breaching Party for its reasonable and necessary costs and expenses. "Reasonable notice" for purposes of this Section 6.1 shall be deemed to be ten (10) days for a monetary breach (Le., a breach involving the failure to pay money), or thirty (30) days for a non-monetary breach; provided, however, the party giving notice may specify a shorter cure period if an emergent situation exists. 6.2. In the event a dispute arises with respect to this Agreement, the parties agree to first engage in nonbinding mediation. If the parties are unable to agree upon a mediator, mediation services will be provided by JAMS/End Dispute. If at the time the dispute arises, JAMS/End Dispute no longer exists or no longer provides mediation services, the party initiating mediation shall have the right to unilaterally select an alternative mediator, provided that the mediator is impartial and provides mediation services comparable to those provided by JAMS/End Dispute as of the date of this Agreement. Each party shall pay one- half the cost of mediation. 6.3. If mediation fails, the disputed matter shan be resolved by binding arbitration. If me panies cannot agree upon an arbitrator, arbitration shall be provided b"y JAMS/End Dispute. If JAMS/End Dispute no longer exists or no longer provides arbirratlon services, arbitration shall be provided by an arbitration service provider selected by the initiating party, provided that the arbitration service provide is impartial and offers arbitration services comparable to those offered by JAMS/End Dispute as of the date of this Agreement. The arbitrator shall have authority to grant injunctive relief, to order specific performance or other equitable relief, to award damages and discretionary authority to award costs and auomeys' fees to the substantially prevailing party. 1515&55 vZ I 022614Xl1 1011412004 I I\~II \\1\\ III~I \\\~ ~II \~\I\ 11\\1 III \\I~ 1\\1 1\\1 ~~;i?~11~ iRf1HSHflilOH TiTLE H-\'3 CO EStlT SSg.oo ap 6.4. Neither partY shaH have the righllO terminate this Agreement by reason of the other party's breach or defaQlt. ' 7. PRIOR AGREEMENTS. This Agreemcnt replaces that cerUlin Easement and, that certain agreement captioned "Parking Agreement," both dated August 26, 2003, made by and between Opus Northwcst, LLC, the Grantor and Kitsap Transit, insofar as me said prior agreements pertain to the rights and obligations of the Grantee wim respect to the subject matter of this Agreement. B. ASSIGNMENTS. This Agreement is intended to "run wim the land" and shall be binding upon and shall inure to me benefit of the successors and assigns of me parties with respect to their respective properties. Upon the sale or tmosfer of a partY's entire interest in its property, the transferor shall be prospectively relieved of all financial obligations arising Oul of mis Agreement which accrue after me date of transfer so long as the lransferee executes such documents as me omcr party shall reasonably request confinuing its assumption of me transferor's obligations and so long as me lransferor is able to demonstrate to the rcasonable satisfaction of the other party that me transferee is financially ahle to comply with Ihe obligations of me transferor, including its f,nancial and insurance obligations. The foregoing notWitlrstanding, in the event me Grantor (including Kitsap Transit) shoold prefer not to be relicved of its financial and omer affirmative covenants and obligations in connection wim a sale of its interest in me property burdened by mis Easement, it shall be penuitted to retain such obligations, in which event its successor in interest shall only be hound hy me negativc covenants of this Easement. 9. COMPLIANCE WITH THE LAW, The parties to this Agr=nent shall at all tintcs exercise their rights herein in accordance with the requirements of all applicable laWS. 10. WORK STANDARDS. . All work to he performed by a .party to this Agreement shall be completed in a careful and workmanlike manner. II. NO DEDICATION. Nothing contained in this Agreement shall he deemed to be a gift, dedication or grant of any interest in either the Grantor's propertY or me Gmotee's property to or for the general public or for any public purpose whatsoever. 12, NO PARTNERSHIP; NO THIRD PARTY BENEFICIARIES, None of me tenDS or provisiOns of this Agreement shall be deemed 10 create a partnership between or among me parties hereto; oor shan it cause mem 10 be deemed joint venturers or members of any joint enterprise. Except as omerwise expressly provided hereio with respect to the rights 1515&55 v2 102261-001 IOI14/2C1J4 I ~\III \~U I~I\I ~~\\ 1\11 \11\1\ I~\I I~ \\IUII 1\\1 !:~J:r~: 1~ 1R8!-lSt\f\'\'10H 1nl( HIS co t:st\1 Sl)'3,oo \';1 \r."fl COI \fl of Kitsap Transit. the provisions of this Agreement are not intended to benefIt any persons who are not parties to this Agreement. nor shaJl this Agreement be deemed to have conferred any rights. expresS or implied. upon any non.party (other than the successors and assigns of the parties as provided in Section 8 above). 13. ESTOPPEL CERTIFICATE. A party shall, within thirty (30) days of a request from the other party, execute. acknowledge and deliver to the requesting party or it.'; designee a written statement confirming the statuS of this Agreement, whether any party is then known by the certifying party to be in default with respect to tills Agreement, and with respect to such other matters as the requesting party may reasonably request. It is imended that any such statement may be relied upon by lenders providing financing with respect to any of the property benefited or burdened by this Agreement. 14. WAIVER. A party'S failure to insist upon strict compliance with this Agreement shall not be deemed a waiver of its rights under this Agreement. IS. GRANT OF VIEW EASEMENT BY GRANTEE. Grantee, for valuable consideration, receipt of which is hereby acknowledged, hereby grants to the Grantor and to Kitsap Transit a pcrpetual view protection easement appurtenant \0 and for tbe benefit of tbe owner of the Garage and the owner of the property commonly known as the Kitsap Transit Office Building. the legal description of which is included in the legaJ description of tile Garage, limiting the height of the improvement.'; to be built on the Grantee's Property for the purpose of protecting views from the second and tbird floors efthe Kitsap Transit Omce Building, as follows: 15.1. Except as provided in Section 15.2 below, no improvements (including roof. HV AC equipment or any other equipment) shall exceed 63 feet 8 inches in height {which is 6 inches lower than the height of the lower sill of the windows on the second floor of the Kitsap Transit Office Building), without ~e express written consent of both the owner of the Garage and the owner of the Kitsap Transit Office Building, which consent shall not be unreasonably withheld, conditioned or delayed bearing In mind the purpose of this height limitation, which is to protect views from the windows of the second and third floors of the Kitsap Transit Office Building. 15.2 Grantor and lGtsap Transit hereby acknowledge receipt of a set of plans prepared by Mulvanny G2 Architecture with respect '0 the roof and roof top equipment (sucb as HV AC equipment) for the Grantee's proposed restaurant. The said plans dated April 9, 2004, together with a supplement thereto' dated October 10, 2004. sha~l be referred to hereinafter as the "Roof Plan." A copy of the October 10, 2004, supplement (two pages) is attached hereto as Exhibit I. The parties acknowledge that the Roof Plan, in certain limited 15J5855 v2! 02261.001 10/1412004 \ \\\~\ \\\\\ \\\\\\ \\1\\\\\1\ \11\\\ \\\\\ ~\ \\~\ \\\\ \\\\ t~J:;~;~ 1 t~ \RAHSHRllOH ilTLt 1NS cn ESt\T $09,00 Kit~ilp Co, UR areas, exceeds the height Hmitation established in Section 15.1 above. The parties agree that, notwithstanding the provisions of Section 15.1 above, Grantee shall have the right to construct its improvements, and thereafter maintain and replace its improvements as necessary, substantially in accordance with the Roof Plans. 16. FURTHER ASSURANCES FOR THE BENEFIT OF KITSAP TRANSIT! Conditioned on Kitsap Transit's execution of the Consent To Easement appended hereto, Anthony's covenants, agrees andior acknowledges as follows: 16.1. Kitsap Transit would not have executed the Consent To Easement appended hereto without the inclusion of the View Protection Easement set forth in Section 15. 16.2. Kitsap Transit has the direct right to enforce all of Anthony's obligations under this Agreement, including, specifically, Sections 4,5,6,7,8,13 and 15. 16.3. To the best of Anthony's knowledge, the eighty (80) stall exclusive parking arrangement set forth in Section 1.2, burdens only the City's al10ned stills within the Garage, and not any of the 116.5 parking stalls allotted to Kitsap Transit. 16.4. Anthony's has received adequate consideration to support its undertakings hereunder, and tbe Protective View Easement is legally binding upon Anthony's and enforceable bY,Kitsap Transit. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK \ l\\~ \ll\\ \~I\\ \\~\\ I\~ \~l~ \1\\1 ~ \\1\111\1 \\\\ ~~~~i5~~: I~ TRAN51'lf\ilOH TITLE mS CO ESl'\T S€8.00 Kl~~ COI UH 1515855 v1 / Qll6J-OOl 10/1412004 vu, vVI ....VVU -Lv. _v .1 ("~..\. o.)U V ui:)l) I o,JUiJ By: Its: 151SS55 v2 J 02261-001 10/14/2004 il\..!\.!"':'l'lti.1.lVL" J.l.l Le. ~ U-L':'/ VU':" By: Its: \ ~\In~\\ 1\1\11"1\11\11\1\1\\\1111 \\11\\ I~ 1\\1 t;::;!?~il: iRANSHflilOH l1TlE INS CO ESl'\1 $69.00 Ki\s<lP Co, ~ - 10 - Lt:.J V _L.<j I V V":" STATE OF /~1t1 '1 A}... ) ) 55. COUNTY OF ) On this t:9 r-ffd!f!-.-( ,2004, before me, personally appeared to me known to be the of CITY OF BREMERTON. a /h u"'-"" -....1 corporation, the corporation that executed the foregoing instrument, and acknowle~ged said instrument to be the free and voluntary act and deed of said corporation. for the uses and purposes therein mentioned, and on oath stated that helshe was duly authorized to execute the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year rust above written. .r.~c;_:":':::'0..)~, g~'-{~ ,l:'./lf'J:\ ,.f:<I '~\5:;lON4" "I.-:~ '''''<..-..;~ J).I"P.,...~ () :0..., 0 TAl;' t.",..L v-,. , \.... * y, ., . , \ PuBL\G i <1' " 0 l() .'-;::. " ~~..;:~ 15 .q"A~ '-i.\"'~ OF" '0- ~\,)~'- "'~'" W ASYI _< " ..~~.....-- ~p- STATE OF WASHINGTON-r ) 55. ) ~~ Notary a in for the .:- Slate of U ~~ Residing at: . 1 r-r 1 ~ My commission ex ires: s-/~1; COUNTY OF KING , 2004, before me, personally to me know.n to be the of Mad Anthony's, Inc., the corporation that e ecuted the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that helshe was dulyautborized to execute the same. IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal the day and year first <:).bove written. ......",,\, ....' C ro \, Z . C;;,l.t.;.11 ~ - I' e - .. """'1 0" fQ/"~101i~,/ 0z/~' ~, ~ ~.~~~~~~inandfor~ ~ \, '1.r!l~ j StaEe of ~ " " 'j,'/.J,:O....~.:--~~iding at: "'. ~ ~\;"~(I _.My commission expires: -;-'2--9-Ob 1,\ "oJ ....... \\\""........ IS1S8SS v2/ 02161-001 10/1412004 - 11 - \ \II\~ \1111 \\\\1\ 1\\\11 111\1\\11\ \\1\\ 111111111 ~I \111 ~;;:~~i,~~1'~A1 ~AHSNATlOH iITLE ms CO WIT $63.98 Kitsap Co, \.lA CONSENT TO EASEMENT BY KITSAP TRANSIT Kitsap Transit, a Washington municipal corporation ("KT"), for valuable consideration, receipt of which is hereby acknowledged, hereby consents to the foregoIng Easement, and hereby subjects its interest, if any, in the real property which is burdened by the said Easement, to the said Easement. KT further agrees as follows: 1. KT hereby agrees to be bound by the following provisions of the Easement to the same extent it would be bound jf KT were a "Grantor" under the Easement: Section 4 (dealing with insurance and indenutity); Section 6 (dealing with disputes and remedies); Section 7 (pertaining to certain prior agreements); Section 8 (peItBining to the effect of assignments); and Section 13 (pertaining to estoppel certifications). 2. KT hereby agrees to repair and rebuild the Pad underlying the Grantee's improvements and the structural e1ements which support the Pad to the same extent that the City is required to do so as set forth in Section 3.1 of the Easement. provided that KT shall have no obligation to repair or replace any other portions of the Garage nor any improvements built by the Grantee above the Pad. KT's obligations pursuant 10 this paragraph shall be on a "joint and several" basis with the City's obligations. 3. KT agrees that its rights and obligations under this Consent to Easement are intended to ron with the land and sban be binding upon and shan inure to the benefit of KT's successors and assigns with respect to its interest in the property which is burdened by the Easement (including the lGtsap Transit Office Building). 4. KT hereby represents and warrants that all required action has been taken and all required consents and approvals have been obtained to authorize the execution of this Consent to Easement. by KT and that the 'persons executing this Consent to Easement on behalf of KT have the legal right and aulhority to do so. 5. KT hereby acknowledges that Grantee would not have included the height limitation provision (Section '15) in the Easement unless KT executed this Consent to Easement. KT further represents and warrants to Grantee that it haS received adequate consideration to support its undertakings hereunder and that this Consent to Easement is \ \,,~ l\\\\ ~~\\ 'III" 1\11 ,~\\, \\l\\ III \\~\\ 1'1 \\\\ ~~9~~?~ 1,~ TRANSHflTlOH TlTLE !HS CO ESt11 Sl39,9fJ Kits<lp Co, ~ - 12 - 1515855 v2 f 02261-001 lOIW2004 legally binding upon KT and enforceable by Grantee. KlTSAP TRANSIT By: Its: Date: ~~~ STATE OF WASHINGTON) ) 55. COUNTY OF KJTSAP ) On this ~ day of ()C I~ K~ ' 2004, before me, personally appeared ~ 3~ ~ '0 me known to be the WA . ~ of the KITSAP TRANSIT. a municipal corporation, the corporation that executed the foregoing instrUment, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. and on oath stated that he/she was duly authorized to execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. N Public i and for the S~teof ~?{;1; . Residing at: ~ J My commission ex res: ,$"" ~~~ \ \,,~\ \\~\ \~\~ \\1\ IU \1\\1\ ~\\\ \~ \\llIl ~\ \\\1 ~~~~1~?:11~: 1RAH~nOH TITLE INS CO ESliT $S9.0a KltSilp Co. WR . 13 - ISISSSS v2/ QU6I-001 ]011412004 ""t.:J V.L V, V....,_ EXHIBIT "A" Legal Description of Bremerton Harborside Garage LEGAL DESCRIPTION ORDERNO.890744-C3 PARCEL 1: THAT PORTION OF GovERNMENT LOT 3, SECTION ]3, AND 'IRAT PORTION OF GOVERNML'J'TT LOT 1, SECTION 24, .A}lD TIDELANDS ADJO~rNG ALL IN TOWNSHIP 24 . NORTH. RANGE I EAST, W.M-, IN K.ITS.AJl COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: IIII!III~IIIIII ~IM ~ mllll~~ ~ mil ~I g:~:1:r2,~,:5 TRlt/SIflTlCJI TITU l~ co E:SXT 139.86 KHSiP Co, III I ~I\~ I11I1 ~11111!111 111111\1111111111\ 111111 11\ 1111 :~~~21~~;,~' 1, :A1 TRFlHSHAlIOH TlTLE INS CO ESMT ~9.S0 Kils~p Co, WR cOMMENCING AT TIrE MOST so1.JTHERL Y coRN'ER OF LOT] TN BLOCK 2 OF TOWN OF BREMERTON. ACCORDING TO PLAT RECORDED !N VOLUME 2 OF P1.A 1'$ AT P AGE(S) 30, IN KITSAP coUNTY. WASHINGTON; . THENCE solJTIi 45 "2D'30" EAST ALONG' THE NORrHEASTERL Y MARGIN OF FIRST STREET (FRONT STREET) IN sAID PLAT A DISTANCE OF 14.18 FEET TO THE MOST soUTHERLY coRNER OF J..}f AlLEY DELJNEA TED ON BLOCK 2 OF SAID PLAT; mENCE NORTH 3S~7'lO" EASTON 60.00 FEET ALONG SAID DELINEATED ALLEY TO nm TRUE ponrr OF BEGINNING, WHICH IS ALSO CALLED POINT W A" FOR REFERENCE pURPOSES; TIIENCE SoUTIi 45"20'30" EAST PARALLEL TO THE NOR11ffiAS1::ERLY MARGIN OFFrn.ST STR.EET(FRO}lT'snu:.E1')'TO ANooERSECTION WID! mE INrffiR HARBOR LINE DELINEATED ON 195& suppLEMENTAL MAP OF BREMERTON TIDEI..A}IDS, ON FILE IN THE OFFICE OF THE COMMISSIONER OF pUBUC LANDS, OLYMPIA. WASHINGTON; nIENCE NOR11lEAS'TERL Y ALONG SAID INNER B.A.Il.BOR LINE TO mE so\..JTIPW'ESTERL Y MARGIN OF SECOND sTREET AS DE1.lNEA TED ON sAID ~AL MAP. THENCE NORTHWESTERLY ALONG SAlD MARGD>! TO A peW! ON TIlli MOST EA..STERL Y coRNER OF THE AUEY DELINEATED ON BLOCK.Z IN PLAT OF TOwN OF BREMERTON; -rnENCE SoUTH 35 ~7'1 0" WEST ALONG sAID JJ1.E'{ 247.21.FEEI' TO THE TRUE POINT OF BEGINNING: EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: coMMENCING AT penIT" A" HERETOFORE DESCRlBED; THENCE S01..Trn .45 Q;w'JO" E.AST P A.RALLEL TO nm NOR11J:E.ASTE.RL Y MARGIN OF FIRST STREET 34.02 FEEl TO TIlE TRUE POINT OF BEGINNING OF THIS EXCEPTION; .1'HENCE NOR.TH 4sCz9'10" EAST 14.17 FEET; TRENCE NORTH 35036'30" EAST 5.90 FETI TO THE soUTHWEST coRNER OF AN EXISTING 6lUCK. BUlLDINO; THENCE sOUTH 45 O:zo '3 0"' EAST ALONG THE soUTIffiA.S'I:ERL Y W}J.J., THER.BOF' 129 FEET; rnENc:e soUTH 41 o53'2CJ"" WEST 20 FEET. MORE OR LESS, TO 'mE soV11iW:EST BOUNDARY OF nre MAD'I.TRACT HERETOFORE DESCRIBED; nIENCE NORTH 45 OZO'30" WEST 129.4 1 FEEt". MORE OR LESS. TO TIm TRUE POINT OF BEOINNING. PARCEL n: CoMMENCING AT A PODIT ON TIrE NORnrr:AS'I'EPJ.. Y L..INE OF FRONT STREET, ALSO KNOWN AS FIRST snEET, llREMER-TON, WASHINGTON. WHICH IS SOUTIl4~~O'JO. EAST A . . DIST ANC$ OF 14.18 FEET FROM -mE solJI'HEAST COR}lElt OF LOT 1 IN BLOCK 2 OF ORIGINAL PLAT OF TIm TOWN OF BREMERTON, ACCORDING TO PLAT UCQRDED IN VOLUME i OF PLATS AT PAGE(S) 30, IN KJTS).P coUNTY. WASBlNGTON; TIiEJ'lCE NORTH 35~7'10" EAST FOR A DISTANCE OF 60 FEET; Page 14 of 15 EXHIBIT "A" - continued THENCE SOUTH 45 OW '3 0" EAST FOR A D1STANCE OF 163.43 FEET TO THE TRUE pomT OF EEGlNNING; THE'NCE SOl.JTH 45~O'30" EAST 45 FEET; TIffiNCE SOUTH 41053'20" WEST 59.39 FEET, MORE OR LESS, TO THE NORTHEASTERLY UNE OF SAm FRONT sTREET (FIRST STREET)~ THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF FRONT STREET (FIRST STREET) 45 FEEl; THENCE NORTH 41 "53'20" EAST 59,39 FEET, MORE OR LESS, TO THEADJOININO OR ABt.rrI'D'JG THEREON, WffiCH UPON VACATION, A 11 ACHED TO SAID PREMISES BY OPERATION OF LAW. PARCEL 1lI: THAT POR nON OF GOVERNMENT LOT 1. SECTION 24, TOWNSlID' 24 NORTH, RANGE 1 EAST, W.M., AND THE TIDELANDS ADJOINING, IN KITSAP coliNn', WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST sourHERL Y coRNER OF LOT 1 rn BLOCK 2 OF TOWN OF BREMERTON. ACCORDrNG TO THE PLAT RECORDED IN VOLUME 2 Of PLATS AT P AGE(S) 30, 1}1 KJTSAl' coUNTY. WASHINGTON; THENCE SOUTH 451>].0'30" EAST ALONG mE NORl1IEASTERLY LINE OF FIRST sTREET (FRONT sTREET) 14.1'& FEET TO THE TRUE POINT OF BEGINNING; THENCE NORm 35"37'10" EAST 60 FEET; THENCE SoUTH 4500].0'30" EAST 34.02 FEET; THENCE SGmHWESTERl){-T0A.pOINT ON THE NORnI.BA.STBRLYUN'E OF FIRST STREET WIDCH IS SOUTH 4S "20'30" EAST 23.69 FEET FROM THE TRUE poW! OF BEGINNING; TIIENCE NORTH 4S "20':W WEST 23 .69 FEET TO THE TRUE POINT OF BEGn-mrNG; TOGETIIER WITH TRAT PORTION OF VACATED FRoNT (FIRST) STREET ADJOINING OR ABUTI1NG THEREON, WWCH UPON V ACATlON, ATIACHED TO SAID PREMISES BY OPERATION OF LAW. PARCEL IV. LOTS g AND 9 IN BLOCK.:2 OF roVIN OF BREMERTON, ACCORDING TO PLAT RECORDED IN vOLUME.:2 OF PLATS AT PAGE{S) 30, IN KITSAP COIDl'TY, WASHINGTON; TOGETHER WITH TIlA T PORTION OF V ACA.TED ALLEY ADJODID1G OR ABUTTING THEREON, WillCH UPON V ACA TION, ATTACHED TO SAID PREMISES BY OPERA nON OF LAW. Page 15 of19 I I\\~ \\1\\ I~\\I \111\\ ~I \1\\\\\1\\\ ~\ \\\~\ \\\ \\\\ ~~t ~r~11:: T~Hf\nON 1'ITlE ms co (StlT se9 . sa K 1 t S<Ip Co J UA I~I!\ 1I1111illllU ~I~ IIIW ~ 118 III 0 f~:lF~I:,:5 ~IOl\ TIiLE IN$ co tSl'IT $33.&8 k:ilSilfl Co, ~ EXHIBIT "A" - Continued LEGAL DESCRIPTION ORDER NO. E90745-C3 P ARCa A; LOTS 1 AND 2 IN BLOCK 2 OF TOWN OF BREMERTON, ACCORDING TO PUT RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30, INKITSAl' COUNTY. WASHINGTON; TOGETHER WITH TI!AT PORTION OF VACATED ALLEY ADJOrnrNG ORABUTTlNG ON THE EAST L YlNG BETWEEN THE PROJECTIONS EASTERLY OF nIE NORTH AND SOUTH LWES OF sND LOTS. WHlCH UPON V ACA TION, ATIACHED TO SAID PREMISES BY OPERATION OF . LAW: ALSO TOGETHER Wl'fH 11IOSE PORTIONS OF VACATED FROm (F1R5T) STREET AND wASHINGTON AVENUE ADJOWINO OR ABU111NG THEREON. WIDCtl UPON VACATION, ATIAcHEDTO SAJD pREMlSES BY opERATION OF LAW. PARCELB: LOT 3 IN BLOCK. 2 OF TOWN OF BREMER-TON, ACCORD1NG TO PLAT RECOJU)ED IN VOLUME 2 OF "PLATS AT PAGES(S) 30, n-I KITSAP coUNTY. WAsHIl'JGTON; TOOETIIER WIlli TRATPORTION OF VACATED ALLEY ADJO~G OR ABUTTING ON THE EAST LYING BETWEEN THE PROJECTION OF THE NORTIIERL Y AND soUTHERLY LlNES OF SAID LOT 3, VlHJCH upoN V ACA-'TION, ATTACHED TO SAID PREMISES .BY OPERA nON OF LAW, PURSUANT TO KITSAP coUNTY SUPERIOR COURT CAUSE NO. 66664. l' ARCE.L c: . . LOTS 4, 5, 6 AND 7 IN BLOCK 2 OF TOWN OF BREMERTON. ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT P ,^QE{S) 30, IN xrrSAP coUNTY . WASHINGTON; TOGETHER WITH THA T PORTION OF V ACA TED AU.EY ADJO~G OR ABUITING ON THE EAST L TING BETWEEN TI-IE so1.JTIIEJU.. Y LINE OF LOT 4 AND THE NORTHERLY LINE OF LOT? PROJECTED EAST. WInCH UPON VACATION. ATTACHED TO S.AID PREMISES BY OPERATION OF LAW. PAACEL D: THE SOUTHEASTERLY 30 FEET OF nre FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF GOVERNMENT LOT 1, SECTION 34, roWNSHIl' 24 NORTH, RANGE I EAST, W.M~ IN KITSAP COUNTY. W A.Sl-!rnGTON, DESCRIBED AS FOLLOWS: COMMENCING}' T A POINT ON nre NORTREASTERL Y 1..INE ON FRONT (NOW rotS1) STREET, BREMERTON, WASHINGTON, 14 FEET sovrHE.AS'fElU. Y FROM THE soUTHEAST CoRNER OF LOT 1 IN BLOCK:2 OF TOwN OF BREMERTON. ACCORDING TO PLAT RECORDED IN VOLUME:2 OF PLATS AT PAGE(S) 30, IN KlTSJJ> coUNTY. W ASHmGTON~ THENCE NORTIIEASTERL Y p A.R.ALLEL WIT.H nIB SCJUTHEASTER1.. Y LINE OF SAID BLOCK 2 A DISTANCE OF 60 FEET; THENCE soUTHE.ASTERL Y PA.RALLEL WIUi 11IE NORnmASTERL Y LINE OF FRONT sTREET 2J.4 FEET, MORE OR LESS. TO INNER HAltBOR LINE: THENCE sounIWESTERL y pARAllEL WITH THE so1.JrHf.ASTEJU. Y LINE OF S AID BLOCK :2 A DISTANCE OF 60 FEET. MORE OR LESS, TO 11m NOR nreASTLRL Y l..INE OF FRONT STREET; THENCE ALONG SAID L1NE NORnrwESTERL Y TO nIE PLACE OF BEGIN'NING; Page 16 of19 \ III~ 111111 ~~ ijlllll ~IIII\ 111~m 11\ ~l ~~F,~:p5 TRfHSKRTICH nnr INS CO (strr $3S.00 KHsllP Co, LIA IIIII\IIIIIII~IIII\IIIII\\ 111111 \\11111111111111\ ~II ~:~~1~(,~ 1, ~A 1 Tm1S$TlOH TITLE l~ CO ESI1T $69.&& Kitsap Cc, l.il EXHIBIT "A" - continued TOGETHER WITH THAT POR.TION OF Y ACATED FRONT (F1R.5T) sTREET ADlOrN1NG OR AB \JTTINO THEREON, WHICH upON V ACA nON, A TIACHED TO SAID PREMlSES BY OPERATION OF LAW; EXCEPT FROM ALL OF THE ABOVE PORTI01'l THEREOF I..YTNG EASTERLY OF THE. fN}JER HARBOR LINE. PARCELE: 11lA T I'ORTlON OF THE GOVERNMSNT LOT " SECTlO~ ", TOWNSHIP 24 ~ORTIL RANOE I EAST, W"M~ TN KlTSAP coUNTY, WASBJNGTON AND nm TIDE LANDS ,l..DJoINING, DESCRIBED AS FOLLOWS: COMMENCING AnHE MOST soU1'HERL ~ coRNER onLoeK! ono"", OF BREMER TON, ACCOR.DlNG TO PLAT RECORDED IN VOLUME 2 OF PLATS ATl'.AGE(S) 30; THENCE sounI ""'0';0" EAST A LO"G THE NORTIIEAST 1J>lE Of FIJ<5T STREET 14.lE FE.ET TO THE TRUE poINT OF BEG~G; THENCE NORm 35"37'10" EAST 60 FEET; THENCE soUTH 45"20'30" EAST 34.02 FEET; THENCf. NORTH 45"29' 10"' EAST 14.17 FEE!'; THENCE NORTH 3lOJ6'''- EAST 5." FEET TO THE sotJTHWESTERL y eoJUffiR Of E",sTIN G BRICK BUILDING; THENCE ALO~G THE soU111EASTERL Y WALL Of sAID BQll.DING A)ID THE LlNE OF SAID WALL PROPUCED, soUTH 45 ~':>O" EAST l29J){) FEET; THENCE SOUTH 41053 '20" 79.39 FEET, MORE OR LESS, TO A poINT oN 11:rE " NORTHEASTERLY UNEOF FlRST" s'I"RE1IT; T!1ENeE NORTl!4' "20'30" WEsT ALONG SAJD UNE TO THE TRUE poUIT OF BEGJN1'l1l'lG: TOGEffiER WITH 11lA T PORTION OF V ACA TED ;FRom (~ sTREET ADJOINlNG DR A.BU1TlNG ON THE soUTIL WHlC>l UPO" V ACA TlON, A TI ACHED TO SAID PREMISES BY OPERA nON OF LAW. EXCEPT THE FOu.o'WING DEsCRlBED TRACT: coMMENCING AT 1liE MOST soUTHERLY coRNER of sAID BLOCK '2; nWC$ SOUTH" "2<1.,," EAST ALONG THE NORTflEAS'l'ERL Y J.JNE OF f1RST STREET 14.18 FEE! TO nm TRl1E poINT OF BEGrnNlNG; THENCE NORTH 3S ~7'1 0" EAST 60 FEET; reENCE soUT'H 45 ~D'30n EAST 34.01 FEEI"; nWC$ SQUT!{WEST1'l\L Y TO A roUIT ON THE NORTHf,ASTI!RL Y UNB OF FIRST STFJ'.ET VIHlCH IS SOunt 45 0:20'30" EAST 23.69 FEET FROM THE TRUE roWI' OF BEGINNING; 11lE'l'lCE NOR.rH 45 ~O'30" 'WEST 23.69 FEET TO utE TRUE 'PoINT OF BEGINNING; INo..VDD-JG WITH SAID EXCEPTED TRAC!", THAT pORTION OF V ACA TFD FRONT (FIRST) srREET ADJoIN'INO OR AB1JI11NG SAID EXcEPTED TRACf 01'1 THE soUTH. WHICH WON V ACA TION, ATT....CRED TO SAID pRD>:fiSES BY OPERA noN OF 1..A W. Page 17of19 \ 1\\ UI ~U IUlBlt\ \I~ III \1\\1\ ~ 1\\ i~~ ~21~:p5 ~1(J( Un! IHS co "ESl1T ~,B9 l(its~ Co, ~ . I ~\\\\~\ I~I\I \111\\ \\1\ \~\I\ I~\I ~ \\11\1\\ 1\\1 ~~:~! ~~~~1 ~ lRl\llSHf\l1 '" 11 1\.( HIS co (\l\f ... .1lIl K \ "'" Co, UR Order No. MM - 20020228 EXHIBIT "B" Legal Description of Grantee I s property . PARCEL 1: 'mE "PAD" AND THE AIR RIGn'S AOCNE '!HE "PAOli :FURl'HElt DESCRIBED AS BEING 40 FEEl', 11 rnrnES ABOVE THE DEFlNill N. O. A. A. LINE Of MEAN ILWER. WATER LEVEL BEING AFJJVE 'mE FCJLILMNG DESQUBED PRQPERT'l: THAT PORTION OF GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 EAST, WlLLAMEITE MERIDIAN, AND TIDELANDS ADJOINING IN KITSAP COUNTY, WASHINGTON, . OESCRlBED AS FOllOWS; COMMENONG AT THE INTERSECTION Of THE NORTHEASTERLY MARGIN OF FIRST STREET (FRONT STREET) WITH THE INNER HARBOR. LINE DEUNEATED ON 1958 SUPPLEMENTAL MAP OF THE BREMER-TON TIDE\Jo.NDS, ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBUC LANDS, OLYMPIA, WASHINGTON; THENCE NORTH 43002'41. EAST, 26.35 FEET ALONG SAlD INNER HARBOR LINE AS DELINEATED ON SAlD SUPPLEMENTAL MAP; THENCE NORTH 45022'51. WEST, 13.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 45022'51" WEST 22.38 FEET; THENCE NORTH 29"12'2S. WEST 80.58 FEETi THENCE NORTH 60047'32" EAST 43.76 FEETi THENCE SOUTH 29"12'28" EAST 14.43 FEET; THENCE NORTH 60047'32"' EAST 42.00 FEET; THENCE SOUTH 29012'28" EAST 5.50 FEET; THENCE NORTH 60"47'32"' EAST 30.57 FEETi THENCE SOUTH S3015'02" EAST 11.05 FEET TO A POINT ON A CURVE, THE RADIUS POINT OF WHICH BEARS NORTIi 83055'31. WEST; . TI-lENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 150.76 FEffTHROUGH A CEI'ITRAL ANGLE OF 26055'57" AND AN ARC LENGTH OF 70.87 FEET; . THENCE SOUTH 56046'37" EAST 4.89 FEET TO A POINT ON A CURVE THE RADIUS POINT OF WHICH BEARS NORTI-i 56051'31" WEST; THENCE SOLTTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST' HAVING A RADIUS OF 162.99 FEET THROUGH A CENTRAL ANGLE OF 06049'42" AND AN ARC LENGTH OF 25.11 FEET; THENCE SOlJ!H ~2C>23'OO" WEST 47.92 FEET: TO THE TRUE pOINT OF BEGINNING; PARCEL II: AN. EASEMENT FOR PARJ<JNG, INGRESS AND EGRESS AS ESTABUSHED BY INSTRUMENTS RECORDED UNDER RECORDING NO. 200312120195 AMO 200312120196 AND FURTHER AMENDED BY INSTRUMENT RECORDED UNDER RECORDING NO. 200312120201, BElNG A PORTION OF GOVERNMENT LOT 3, SECTION 13 AND GOVERNMENT LOT 1, S~ON 24, AU. IN TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. IN Kf1:'SAP COUNTY, WASHINGTON I \\\I~ UI\\ IIII \~\\\ 1\1\ \I\\~ \\\\\ I~ \\11\\ \11 1\\1 ~~;~~:~~~11~ iRf1t\.,HATlOH nilE IHS CO ESl11 S69.89 K ilP Order No. MM - 20020228 EXHIBIT liB" - Continued SITUATE IN THE CITY OF BREMERTON, COUNTY OF KITSAP, STATE OF WASHlNGTON. \ ~~\ 11\111\\\III~IIIIIIII\II\1 \\\111111111\\111 \1\1 :~~2~~i\~811~R1 TRflitSHATl 00 Tl TLE HiS CO ESMT $69 . aB Kits ap Co I WR P. (32/e;? OCT -19-2004 1 <l: 38 ...., I"/~ ;f, / .. It"" '~1<"", 0 ~ ',', 1 0.... ~~ a :10 'I -.~ I -.r. :1 ..... ill \1 :\ 1 " " -- .. ... .. :i'~' If q i:a, .. " 1t . ~ ... ~ q ._. 1'-' _.W W'- -.- I t....1 ..' ~ i i I I ~ i .'.1 I 1 -l::.\ I I 'l\ . . 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CD <!. 11\\111 \\1\\ II~~ \111\\ I~\ \1\\ ~\\I 1\1 11\\\ lU\1 t.r~J!~r~B: l~: 1RtiHstiATlOl-l nTLE ItlS CO [5l'1i S69.00 KHs~ Co, WA ~; '-C:.:JV''''''VV_ 111l~1 Dill OOIIII\IIIIIIII\~1I11111 \\III~I ~II ~I\ ~~:,~~~~r I ~A2 TRAt1$NATlOH TITLE INS CO fltlESMT $43.00 Kl\S<lP Co, WA Return Address Name Mr. Paul M. Silver Karr Tuttle Campbell 1201 3rd Avenue, Ste. 2900 Seattle. WA 98101 Address City, State, Zip .~ ~ ~ '"'2-~ L.. "'l.. ~ ..................................................................g,...., Document Tltht(a) (or transactions contained therein): 1. Firat Amendment to Easement Agreement Reference Number(8) of Document.: (on Page of documents(s)) ..................................................0................G..... Grantor(,) City of Bremerton Additional names on page of document. ...................................................~......a......a.DD...' Grantee8(s} Mad Anthony's, Inc. Additional names on page of dOClJment ........a.a...a....................................DD......a...........u. LVIJal descrlptlon (abbreviated: I.e. lot. block, plat or section, township, range) ptn of Gov Lot 1, Sec 24, Twp 24N, Rge 1 EWM Additional legal is on of document .....a...............a........................D.......G.........I..b..... Asseuor's Property Tax Parcel/Account Numlar Ptn of 24240120142009, 24240120152008 Additlonal/egal )$ on peae of docunwnt .....................l......................a............g.g.........8.DI The Auditor/Recorder will rely on the Information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. .........................................................g.........D..... Washington State County Auditor/Recorder's Indexing Form (Cover Sheet) FIRST AMENDMENT TO EASEMENT AGREEMENT This First Amendment to Easement Agreement (this .. Amendment"), dated for reference purposes August 1, 2005, is made by and between the City of Bremerton, a j Washington municipal corporation (the "City") and Mad Anthony's, Inc., a Washington corporation ("Anthony's" or "Grantee"). This Amendment modifies that certain Easement Agreement (the "Original Easement") dated October 25, 2004, made by the parties hereto. Except as modified by this First Amendment, the Easement remains in full force and effect. 1. Purpose of Amendment. At the time the Original Easement was executed, the parties anticipated that the City would sell certain property to Anthony's consisting of a portion of the structural pad (the "Pad") on top of the Bremerton Harborside Garage, located between First Street and Second Street, east of Washington A venue in Brernerton, Kitsap County, Washington, legally described on Exhibit A hereto and incorporated herein by this reference (the "Garage"), together with the air space property above the Pad. The parries have now agreed that the Pad itself will be excluded from the property to be sold by the City to Anthony's. that Anthony's shall purchase only the air space property above the Pad; and that the Pad shall be added to the Easement as set forth in this Amendment. 2. Specific Amendments. The following Sections of the Original Easement are herby amended as follows: EXCISE TAX EXEMPT A UG 2 & 2005 2.1. Recital Paragraph B is hereby amended to read as follows: The top of the Garage is a structural pad (the "Pad") suitable to serve as.a base for the construction of additional improvements, including a hotel and restaurant. The Grantee is purchasing the "air space property" above a portion of the Pad, as is more particularly described on Exhibit B - hereto, incorporated herein by this reference (the "Grantee's Property") on which the Grantee intends to construct a restaurant. 2.2. Recital Paragraph C is hereby amended to read as follows: The purpose of this Agreement is to create and convey to the Grantee an easement appurtenant to Grantee's Property which will allow the Grantee to use portions of the Garage including the Pad for ingress. egress, utilities. parking and other purposes related to the development and commercial use of the Grantee's Property. This Agreement is also intended to provide for other aspects of the relationship between the Grantor and the Grantee, such as the future maintenance and repair of the Garage, insurance and indemnity. For purposes of . I - #~~2612 vii 0226HlOl \ \\,\~ 'tl\l \~\~ l~~l ~~ ~\\" \~,\ \~ ll~' \\11 \111 :~~:J~~~l~ 1,~: TRAH~Tl OH ,. lTLE HIS CO FlHE511T $43.130 Kit Silp (;0 I \.lA this easement, the "Garage" shall be deemed to include the east walls of the adjoining Conference Center and office building, which Grantee shall bave the right to use as the west wall of the Grantee's restaurant and the delivery and receiving areas, employee restrooms. banquet room and freight elevator located on the east side of the said wall. The Plans for the Garage, including the Pad, prepared by the Grantor's architects, LMN A rcbitects , dated j August 2004, (hereinafter, the "Plans") are incorporated herein by this reference. This Agreement also imposes (at Section 15, below) a height limitation with respect to the improvements to be built on the Grantee's Property for the benefit of the Grantor and Kitsap Transit. a Washington municipal corporation, which, though not a party hereto, has agreed to sign the "Consent to Easement" appended hereto. 2.3. Section 1.1 is hereby amended to read as follows: Access and Support. Grantee shall have the exclusive right to use and build improvements upon that portion of the Pad which is below the Grantee's Property, together with the Don-exclusive right to use the Garage, including its structural elements, its ramps, walkways, stairways, passenger and freight elevators, garbage. recycling and loading areas to support the Pad and the improvements to be built by Grantee on the Pad, and for ingress and egress and the movement of materials, equipment and supplies. This easement is intended to permit the Grantee and its employees, agents, customers, invitees and contractors the right to pass through the Garage and to use portions of the Garage such as tbe ramps, elevators, walkways and stairways as is necessary or convenient to construct improvements on the Pad and on Grantee's Property and thereafter to use those improvements in commerce, as a restaurant open to the public, or for any other lawful use. 2.4. Exhibit B (the legal description of the Grantee's Property) is .hereby amended to read as set forth on Exhibit B hereto. By: Its: Date: MADANTH~~'~IN~a~ By: ~ Its: \P~c;l j')~ Date: ~ y. -tS> S-- ST A TE OF WASHINGTON) ) 55. COUNTY OF KITSAP ) \ ~\~\ \\1\\ ~\\\\ \~\\ \\~ ~\\\\ ~\\\ \~ \tl\\ \\\\ Il\\ t~~!~~~r 1 ~~2 TRRHSNflHOH tITLE HIS CO flt1(StlT $4:3.00 KltSap Co, UA - 2 - #552612 vll 02261-001 ~V-l~J/V",I_ I certify that I know or have satisfactory evidence that ~ ~{)7_eMa. t"'\ is the person who appeared before me, and said person aclrno goo that ~ signed this instrument, on oath stated that he was authorized to execute tbe instrument and acknowledged it as the l--l Cu {("J r of the City of Bremerton to be the free and voluntary act of sucb party for the uses and purposes mentioned in the j instrument. DA TED: ~uS-I- /6 J){)Qt:) I \-Jhk V LH~ NOTARY PUBLIC in and for the Sta~ of Washington, Residing at6-ewtef1-of1l W A ~Ma V 3WfJ1Y\ (Printed or Stamped Name of Notary) My appointment expires 3-,)1-01 I 1111111111 illlllm II~ ~1I11 1111 Ii 1111/11/11/1/ ~:~3\~ ~:, 2 TRRNSHATION TITLE INS CO MSI1T 143.9& Kitsap Co! t.;:1 - 3 . #552612 vii 02261-001 -f.- ..~. .... , ........ " ~ -L .L \..1. , _1-........ '-'-'----' ~ v-r""Yl VV.... STATE OF WASHINGTON) ) 55. COUNTY OF KING ) J certi that I know or have satisfactory evidence that vie.. l is the person who appeared befoh me, and said person acknowledged that signe this instrument, o?j'ath stated that .e; was authorized to execute the instrument and acknowledged it as the~e'f/llel1f of Mad Anthony's, Inc. to be the free and voluntary act of such party for th uses and purposes mentioned in the instrument. DA TED: ~ / tf /0 5 ~ , ..........""\1 I?A - c ~ . ...... I, .-- ! c. Et. "I . -- ~~,"""", V. 'I ~ f;(I~ f Q l~$Io.v~"o~ ARY PUBLIC in and ~~ State ~ [8 ~~~ ~~ o~Washington, Residing at (WI 1~(Ji , ,~. r. - ill c 8 J ; ~U~:.,. \ . " ~ "" >...BtL f .: ( t{ fte.., ( ot+- , ~A I", ...9.0.. _~- ~ 'I -~o .,\\\",,-' ~o _-(Printed or Stamped Name of Notary) ':. I> W ~'r\~Q -~ ,~~\\\\~:....,......,. My appointment expires I'Zq. Ofl . CONSENT TO EASEMENT BY KITSAP TRANSIT Kitsap Transit, a Washington municipal corporation (UKT"), for valuable consideration, receipt of which is hereby acknowledged, hereby consents to the foregoing First Amendment to Easement Agreement, and subjects its interest, if any I in the real property which is burdened by the said Easement, to the said amended Easement. KITSAP TRANSIT By: ();g2 ~ kk~ - ~".:le: -Wti!!J,S - . I \ I"\~ Il~' 1\~11 '~\III'~ I~l" 11111 ~ '~'I ~~ 111\ :~~~~: 1:: TAA'lSHATJOH lITL[ INS CO AMESIH 543.98 Kllsap Co, UA - 4 - jlS52612 vll 02261-001 ~ V,t./I VV_ STATE OF WASHINGTON) ) 5S. COUNTY OF KlTSAP ) On this J2!:: day of Ito--StLW, 2005, before me, personally appeared Dick I Hayes to me known to be the Executlve Director of Kitsap Transit, a municipal corporation, the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath slated that he was duly authorized to execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~ "of~._ ~~ ~~--_I." , ~ - ~ - - - ~ \ \l~i ,~" ~,\ 1\\1\\\1\\ ,\~" ill\ ~\ ll\~ IIII Ill! :~~:~,r I~R2 TRAHSAATl~ TITlE IHS CO f>t\ESHT t43.00 KltsilP Co. UA - 5 - 1552612 vi 102261-001 EXHIBIT "A" Legal Description of Bremerton Harborside -Garage LEGAL DESCRIPTION ORDER NO. 890744-C3 PARCELl: .. THAT PORTION OF GOVERNMENT LOT 3, SECTION 13. AND TIlAT PORTION OF GOVERNtvffiNT LOT I, SECl10N 24, AND TIDELANDS ADIOll-lING All IN TOWNSIDP 24 _ NORTH. RANGE 1 EAST, W.M, IN KITSAP COUNTY, W ASHINOTON, DESCRlBED AS FOLLOWS; COMMENClNG AT THE MOST SOUTHElU. Y CORNER. OF LOT 1 IN BLOCK 2 OF TO"WN OF BRBMERTON. ACCORDING TO PLAT RECORDED IN VOLUME 2 OF Pl.A TS AT P AGE(S) 30, IN KlTSAP COUNTY, WASHINGTON; . . THENCE SOlJ11! 45D20'30" EAST ALONG-THE NORTHEASTERLY MARGIN OF Fmsr s-rn.EET (FRONT STREET) IN SAID PLAT A DlST ANCE OF 14.11 FEET TO THE MOST SOUTHERLY cORNER OF AN AlLEY DEI..INEA TED ON BLOCK 2 OF S_AID PLA 1'j THENCE NORTII 35 ~7'1 0" EAST ON 60.00 FEET ALONG SAID DELINEATED ALLEY TO THE TRUE POINT OF BEGINNING, WlllCH IS .ALSO CAIl..BD POINT .. A" POR.R.EF.E.R.ENCE PURPOSESj THENCE SOUTIl4S0z0'30" EAST PARALLEL TO THE NORTHEASTERLY MARGIN OF FIRST STREEl-(FRON'T-STREET)-TO 1\N-INTERSEC110N WITH THE INNER HARBOR LINE DELINEATED oN 1958 SUPPLEMENTAL MAP OF BREMER TON l'IDEl...ANDS, ON FILE IN TE:E OffICE OF THE COMMISSIONER OF "PUBUC LANDS, OLYMPiA. W ASl-IJNGTONj THEN"CE NORrnEA.STERL Y ALONG SAID INNER HARBOIUJNE TO ruE SOUTIiWESTERL Y MARGIN OF SECOND STREET AS DELINEATED ON SAID SUPPLEMENTAL MAP. THENCE NORTHWESTERLY ALONG SAID MARGIN TO A POINT ON !HE MOST EASTERLY CORNER. OF mE ALlEi DELINEATED ON BLOCK 2 IN PLAT OF TOWN OF B~TON; nmNCE SOUTH 350:,7'10" WEST ALONG SAID AU..EY-247.21.FEETTO TIIE TRUE POINT OF BEGINNING: EXCEPT TI{ATPClRTION DESCRIBED AS FOlLOWS:'! COMMENCING AT POINT "A" HERETOFORE DESClUBJIDi THENCE soum 45 Qo;zo'30" EAST p A:RALLEL TO TIm NOR'I"llEASTERL Y MARGIN OF FIRST s'fREET 34.D2 FEET TO nm nUE POINT OF BEGINNINO OF THIS EXCEPTION; 'rnENCE NORTH 45 0Zl'10" EAST 14.17 FEET; THENCJ:. :NORm 35 ~6'~0" EAST S.90 FEET TO THE sot.J11iWEST CORNER OP .AN EXISTINO BRICK Bun.DlNO; THENCE SOUTH 4j~'30" EAST ALONG mE SO~ Y WALL nrERBOF 129 FEET; THENCE SOUTH 41 053'2C" WEST 20 FEET. MORE'OR LESS. TO nIB S01J1lfWES7 BOUNDAltY OF THE MAIN:nw:T HERETOFORE DESCR.mEDi TIIENCE- NOlU"H 45 ~O'30" WEST 129.41 FEET. MOKE OR LESS, TO TIIE TRUE POINT OF BEGlNNINO. PARCEL n: COMMENCING AT A POINT ON 11m NORniEASTERLY l.INE OF nONT STREET. ALSO KNOWN As FIRST S'TREET,13REMERTON. WASHmGI'ON. WEICH IS SOurH 45"20'30" EAST A . . DIST ANC~ OF 14.1 & FEET FROM THE soUTHEAST CORNER OF LOT 1 IN BLOCK 2 OF ORIGlNAl...l'LAT OF THE TOWN OF BR.EMER.TON, ACCORDING TO PLATRECOROED IN VOLUME 2 OF PLATS ATPAGE{S) 30, INXlTSAP COUNTY. WASHINGTON'; THENCE NORTH 350:37'\ 0" EAST FOR A DIST ANCB OF 60 FEE'f; Page 14 oflS I ~I~ Iml !~I ~I~ ~ U11 mij~ ~ II~ ~ ~I :;~~lFl~:5 ~Tllll nlU IHS CO (SIlT S39.liG Kl\Safl CQ, \Il 1111111111111111111111111111111111 111111111111111111111 ~~~5~801~~ 132 TRAtiSNATION TITLE INS CO AtlESMT $43,8& ~~~~ ~\1'17A ~ .,,,...,,......,,,::..-1- -1-VI'l .l -1- _!. L.O 4:6jV"tf/UUi:., EXHIBIT "A" - continued THENCE SOU'l"H 4S~O'30"EAST FOR A D1STANCE Of 163.43 FEET TO THE TRUE POrNTOF BEGINNING: THENCE SOUrH 45~O'30" EAST 45 FEET; THENCE SOUTH 41053 '20" WEST 59.39 FEET, MaRLaR LESS, TO THE NORTHEASTERLY LINE OF SAID FRONT STREET (FJRST STREET); THENCE l'JORTHWESTERL Y ALONG THE NORTHEAS"TERL Y LINE OF FRONT STREET (FIRST STREET) 45 FEET; THENCE ol;lORTH 41053 '20" EAST 59.39 FEET, MORE OR LESS. TO THE ADJOtNrNG OR ABUTTING TIffiREON. WHICH UPON V ACA nON, A 1T ACHED TO SAID PREMlSES BY OPERA lION OF LAW. PARCEL UI: THAT PORTION OF GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 24 NORTH. RANGE I EAST. W.M.. AND THE TIDELANDS ADJOINING, IN KITSAP cotiNTY. WASHINGTON, DESCRIBED AS FOUOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT tIN BLOCK 1 OF TOWN OF BREMERTON, ACCORDING TO THE PLA T RECORDED IN VOLUME.2 OF PLATS AT P AOE(S) 30, IN KITSAP COUNTY, WASHINGTON; THENCE SOU11J 4SD20'30" EAST ALONG THE NORUffiASTERLY LINE OF FIRST STREET (FRONT sTREET) 14.1 g fEET TO THE TltUE POM OF BEGINNING; THENCE NORnI 35"37'10" EAST 60 FEET; THENCE SOU11l4S"20'30" EAST 34.02 FEET; THENCE SGtrniWE5TERL~ 'T0-A .POINT ON T-HE NORTHEASTRRLY. LINE OF FIRST sTREET WlllCH IS SOUTH 4S 020'30" EAST 23.69 FEET FROM THE TRUE pOINT OF BEGINNING; TIIENCE NORTH 45 Cl'lO'3 0" WEST 23.69 FEET TO nm TlUJE POM Of BEGINNING; TOGETIIER WITfJ THAT PORTION OF V ACA TED FRONT (FIRS'I1 STREET ADJOINING OR. ABlITTING nmREQN, WHlCH 'UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW. PARCEL IV. toTS g AND 9 IN BLOCK:2 OF TOWN OF BR.EMERTON, ACCORDING TO PLAT RECORDED IN V01..UME 2' OF PLATS ATPAG.E(S) 30, IN KJTSAP coUNlY. WASHINGTON; TOGETHER. WITH THAT PORTION Of VACATED Al.lEf ADJOININO OR ABUTTING 11-tER.EON, WHICH UPON V ACA nON. ATTACHED TO SAID PREMISES BY OPERATION OF. LAW. ~\. Page 15 of19 11111\11l11I111\\III~\1 ~ I\l~ 1111m i 1m U\ u f~O~~l~l~~:5 T'RAAStml (>>I TITl! IllS co ESnT m . &6 K ilup Co. llA '11I11111l1111111111111I11111!1I11111~IIIIIIIIIIIIII!l1 ~~:~~~lrl: TRAHSHATIOH TITLE INS CO AMESMT $43.99 Kitsap Co, UA ..l-...".:..,......'.lo...1-..1-VL' .1...1- ..I_w....:.. ~ V'-tOI V V'::' EXHIBIT "A" - Continued LEGAL DESCRlP110N ORDER. NO. i9D74S-C3 P ARC a A; :., LOTS 1 AND 2. IN BLOCK 2 OF TOWN OF BREMERTON. ACCORDING TO PLAT RECORDED IN VOLUlvIE 2 OF PLATS AT PAOE(S) 30, INKITSAP CoUNTY. WASHINGTON; TOGETHER wrm TIlA T PORTION OF V ACA TED ALLEY ADJOINING OR ABU'J"TING ON TIm EAST L YIN 0 BETWEEN TIlE PROJECTIONS EA.STERL YOY THE NORTH AND SOUTH LINES OF SAID LOTS, muCH UPON VACATION. ATTACHED TO SAID PREMISES BY OPERATION OF . LAW: ALSO 'fOGETImR WITH TIlOSE PORTIONS OF V A CA TED FRONT (F11tST) STREET AND wASHINGTON AVENUE ADJOINING ORABUi1iNG THEREON. WIDC}I UPON VACATION. A TIACHED TO SAID pREMISES BY OpERA nON OF LAW. PARCEL B: LoT 3 IN BLOCK 2. OF TOWN OF BRE.MER.TON, ACCORDING TO PLA. T RECORDED IN VOLUME:2 OF PLATS AT PAGES(S) 30,lN KITSAP couNTY, WASffiNOTON; rooETHER WlTHTHA T PORTION OF V A CArro:> ALLEY ADJoINING OR ABUTrING ON THE EAST L YINO BETWEEN TIlE PROJECTlON OF THE NORnmRL Y AND SoU11ffiRL Y UNE.S OF SAID LOT 3; WHICH UPON V ACA-TlON, A.TTACHED TO SAID pREM!SES.BY OPERATION OF LAW, PURSUANT TO XITSAP coUNfY SUPBRlOR COURT CAUSE NO. 66664. . PARCEL c: . . LOTS 4, 5, 6 AND 7 IN BLOCK 2 OF TOWN OF BR.EMBRTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLA T5 AT P AOE(S) 30, rN KITSA!' COUNT'l, WASHINGTON; TOOmIER WITfl THAT PORTlON OfVACA1'ED A.I..J.E'l ADIOIND{G ORABUTIDW ON THE BAST L yn.lG BETWEEN T;!E sounIERL Y LINE OF LOT 4 AND "mE NOP..THERL Y LINE OF LOT 7 PRQmC'rE.P BAST. WHICH UPON VACATION, II, Tl'ACHED TO SAID PREMlSES BY " OPER,ATIONOFLAW. pARCEL D: . '!fiB SOUTHEASTERLY 30 FEET OF TIm FOLLO"WJ:NG DESCRIBED PROPERTY: THAT PORTION OF GOVERNMENT LOr I, SECTION 34, TOWNSHlP 24 NORTH, RANGE 1 EAST. W:M.., IN KITS.AP COUNTY. W ASHrnGTON. DESCRlBED AS FOLLOWS: coMMENCING AT A POINT ON 11m NORTHEASTBRL Y LINE ON FRONT (NOW FIRST) STREET, BREMERION, WASHINGTON, 1-4 FEET so'(J'llIE.A.S11!Y FROM l1IE SOUTHEAST coRNER OF W7 1lN BLOCK 2 OF TOWN OF BREMERTON. ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT PAGB(S) 30, IN KITSAI' COUNTY, WASHINGTON; TIWCE NORnmASTERL Y PAll.AUEL WITH mE solJ'THEA,Sl1mL Y LINE OF SAID BLOCK 2 A OlSTANCE OP 60 FEET; THENCE soUTHEAS1"ERL y p ARA.lJ.,.BL WI1ll THE NORTImASTERL Y LINE OF FRONT S1'ltEET 2J.4 FEET, M:ORE OR LESS. TO ~ HA]tBOR LINE; TI1ENCE sOU'Il{WESTERL y pARAUEL WITH THE sotn1IEASTERJ.,. Y LINE OF SAID BLOCK 2 A D15T ~CE OF 60 .FEET. MORE OR LESS. TO THE NORnJEA,STERL Y LIN'E OF FRONT STREET~ TIIENCE ALONG SAID l..INE NOJl.l1{WES1'EJU. Y TO TIm PLACE OF BEGlNNlNO; Page 16 of19 II'I~ IIIIII~U ~~~ ~I Mil ~1111\ Ii Imll 1\1 ~II ~f:J~ ~tl~1:;5 TRIi\SlflTlCt1 nm IHS CO (SI'IT $33.e6 Kitsap Co. III \ \\l\~ \llll ~\\~ ~\\l \~ l\~\\ ~,,\ ~\ \\\\1 I'll \,~ ~~:2!t~~ 1,~: TRAtlSHflTlOtl Tt TLt INS C{l ff'lESMT $43.00 Ki l sap Co, IlA ~ V~vl VV... EXHIBIT "A" - Continued TOGETHER WITH THAT PORTION OF V ACA TED FRONT (F!P.ST) STREET ADJOINING OR ABU'ITJNG THEREON, WHICH UPON V ACA nON, A IT ACHED TO SAID pREMISES BY OPERA nON OF LAW; EXCEPT FROM ALL OF THE ABOVE PORTION THEREOF L WG EASTERLY OF THE TNNER HARBOR UNE. PARCEL E: reA T POR'rION OF THE GOVERNMENT LOT I, SECTION :14, TOWNSHIP 24 NORTI!, RANGE I EAST, W.M., IN:KITSAP COUNn', WASHINGTON AND THE TIDE LANDS ADJOINlNG, DESCRIBED AS FOLLOWS; coMMENCING A TTHE MOST saUnIER!.. Y CORNER OF BLOCK 2 OF TOWN OF BREMERTON, ACCORDtNG TO l'LAT RECORDED IN VOLUME 2 OF PLATS A TPAOE(S) 30; THENCE SOUTH 45"20;30" EAST ALONG THE NORTHEAST UNE OF FIRST STREET] 4.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORm 3SClJ7'10" EAST 60 FEET; !HENCE sOUTH 45"20'30" EAST 34.02 FEET; nmNCE NORn! 45"29'lO"UST 14.17 FEET; THENcE NORTIf 35"36'30" EAST 5;90 FEET TO THE So1JfHWESTERL Y CORNER. OF EXISTING BRlCK BUILDING; THENCE ALONO 1HE SOtJTHEASTERL Y WALL Of sAID BUll.DING AND THE LIl'm OF SAID WA.LL PRODUCED, SOUTH 45 '7.0'30" EAST 1'2.9.00 FEET; THENCE SOUTH 4] 053'20" 79J9 FEET, MORE OR LfiSS, TO A POINT ON nIB 'NORTHEASTERLYLINEDFFIRST'STREET; .' . . .' . THENCE NORTH 45 D:ZO'JO" WEST ALONG SAID LINE TO THE TRUE POINT OF BEOTNNINO; TOGEnIER WI1li THAT PORTION OF VACATED FRONT (FIRST) sTREET ADJOINING OR ABUITING ON THE scum. WHrCHUPON VACA'J10N, ATTACHED TO SAID PREMlSES BY OPERATION OF LAW. EXCEPT THE FOU-OWING DESCRlBED TRACT: COMMENCING AT THE MOST sotJ1'HEJU. Y coRNER. OF SAID BLOCK 2; THENCE SOUTH 45 ~O' 30" EAST ALONG THE NORTHEASTEYJ... Y LINE OF FIRST STREET 14.18 FEET TO THE TR1JE POIN'I' OF BEGW'llNG; ~CE NORm 3S '17'10" EAST 60 FEET; nmNCE SOUTH 450,.0'30" EAST 34.02 FEET; - THEl'lCE SOU1"HW2S1'BRL Y TO A POINT ON THE NORTI!EASTBRL Y LINE OF FIRST STREET WHICH lS SOUTH 450:20')0" EAST 23.69 FEET FROM TIm TRUE POINT OF "BEGINNING; !RENCE NORTIJ 45~O'30" WEST 23.69 FEET TO THE TRUE POINT OF BEGINNING; . INCl..UDING WJ11l' SAID EXCEPTED TRACT. THAT PORTION OF V ACA TED FRONT (F1:R.rr) STREET ADJ'OINlNG OR ABUTI1NG SAID EXCEPTBD TRAct" ON 'IRE SOlTI'H, WHICH UPON Y ACA nON, A IT ACRED TO SAID pREMISES BY OPERA nON OF LAW. ,". ~ . \ ~~IIII~H~llm~ UI~~lll\~IIIIIII\llm ~I\ ~~r:l ~21~1::S T~()l mu HlS co ES1T m.!l9 Kihap Co, loA Page 17 of 19 . ., \ \II~ 1I~' ~\\I\ 1\~1l II I\~" \\1I\ III "\,~ \~ \I~ :~~~~~~~~1\:: T~~HATl~ nT\! INS CO Al1Esm $43.00 Kits;ap Co. lJA "t::..:..J VVVr vv.... EXHillIT B GRANTEE'S PROPERTY PARCEL 1: THE AIR RIGHTS ABOVE THE STRUCTURAL PAD, THE UPPER SURFACE OF WHICH IS AT AN ELEVATION OF 37.99 FEET NA VD 88 (WHICH IS CURRENTLY 40 FEET, 11 INCHES ABOVE THE DEFINED N.O.A.A. LINE OF MEAN LOWER WATER LEVEL) BEING ABOVE THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF GOVERNMENT LOTI, SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, AND TIDELANDS ADJOINING IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY MARGIN OF FIRST STREET (FRONT STREET) WITH THE INNER HARBOR LINE DELlNEA TED ON 1958 SUPPLEMENTAL MAP OF THE BREMERTON TIDELANDS, ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS, OLYMPIA, WASHINGTON; . THENCE NORTH 43002'41" EAST, 26.35 FEET ALONG SAID INNER HARBOR LINE AS DELINEATED ON SAID SUPPLEMENTAL MAP; THENCE NORTH 45022'51" WEST, 13.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 45022'51" WEST 22.38 FEET; THENCE NORTH 29012'28" WEST 80.58 FEET; THENCE NORTH 60047'32" EAST 43.76 FEET; THENCE SOUTH 29012'28" EAST 14.43 FEET; THENCE NORTH 60C?47'32" EAST 42.00 FEET; THENCE SOUTH 29012'28" EAST 5.50 FEET; THENCE NORTH 60047'32" EAST 30.57 FEET; THENCE SOUTH 83016'02" EAST 11.06 FEET TO A POINT ON A CURVE, THE RADIUS POINT OF WHICH BEARS NORTH 83055'31" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 150.76 FEET THROUGH A CENTRAL ANGLE OF 26055'57" AND AN ARC LENGTH OF 70.87 FEET; THENCE SOUTH 56046'37" EAST 4.89 FEET TO A pOINT ON A CURVE THE RADIUS POINT OF WHICH BEARS NORTH 56051'31" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 162.99 FEET THROUGH A CENTRAL ANGLE OF 08049'42" AND AN ARC LENGTH OF 25.11 FEET; THENCE SOUTH 42023'00" WEST 47.92 FEET TO THE TRUE POINT OF BEGINNING \ \l\\\ l~" ~t\ tIll" ~\\ l~" \\\~ III l\~'\ \~ ~ t;;~~;'~~1: 1:2 ~SHAnON TIiLE HIS CD Fll1Est1T $43.00 Kitsap Co. ~ #553001 vI 102261-001 " '"t::.:.I VV..I.t VV.... PARCEL II: AN EASE~ENT FOR PARKING, INGRESS AND EGRESS AS ESTABLISHED BY INSTRUMENTS RECORDED UNDER RECORDING NO. 200312120195 AND 200312120196 AND FURTHER AMENDED BY INSTRUMENT RECORDED UNDER RECORDING NO. 200312120201, BEING A PORTION OF GOVERNMENT LOT 3, I SECTION 13 AND GOVERNMENT LOT 1, SECTION 24, ALL IN TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY, WASHINGTON PARCEL III: AN EASEMENT FOR INGRESS, EGRESS, UTILITIES, PARKING AND OTHER PURPOSES AS ESTABLISHED BY INSTRUMENT DATED OCTOBER 25, 2004 RECORDED UNDER RECORDING NO. AS AMENDED BY INSTRUMENT DATED AUGUST 1, 2005, RECORDED UNDER RECORDING NO. ~IJO So <f ::J.4~/ 31 ' BEING A PORTION OF GOVERNMENT LOT 3, SEC ON 13, GOVERNMENT LOT 1, SECTION 24 AND TIDELANDS ADJOINING, ALL IN TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. IN KJTSAP COUNTY, WASHINGTON SITUATE IN THE CITY OF BREMERTON, COUNTY OF KITSAP, ST ATE OF WASHINGTON. I I~ "" ~\\\I \\~" I\~ I" IIUI III \\\\~ ~I I\ll ~~:f~\,11~ lRAHSHR110H l\iLE tNS co AMESMT S43.ae Kl\5ap , - 2 - #553001 vI 102261-001