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Home My WebLink About200510050466 AFTER RECORDING RETURN TO: City Clerk City of Bremerton 345 6th Street, Suite 600 Bremerton, W A 98337 111111111111 III I III 111111 II" \1111 II UIII Ill! 1111 ~:j~~2~:t~:::p6 C IT\' OF BPEt1EPTOtl E3tH $:37 . Of:~ KIt, sap Co,- ~lA 2ee5E)(0988~ Total : $10.00 ",,'/200' ~ Clerk'S Initial ------------- KITSAP COUNTY TREASURER EXCISE Grantor: City of Bremerton Grantee: Kitsap County Consolidated Housing Authority '\ Abbreviated Legal Description: Ptns Lot 11-19, Block 3, Town of Bremerton Additional Legal Description on Exhibits A, B, and C Assessor's Tax Parcel ID No. .Wa- 3"1 \ 't - OO~ - 0 l \ - 0;;)0 l.p AIR RIGHTS EASEMENT AGREEMENT THIS INSTRUMENT made this lltfi day of t+t/Gt!tsr 2005, by and between the CITY OF BREMERTON, a Washington municipal corporation ("Grantor") and the KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY, ("Grantee"). RECIT ALS Grantor is the owner of a portion of right-of-way located in the City of Bremerton between Burwell and 6th Street commonly known as Washington Avenue, and more particularly described in the legal description attached as Exhibit A. Grantee is the owner of real property located adjacent to Grantor's right-of-way, more particularly described in the legal description attached as Exhibit B. AIR RIGHTS EASEMENT - Page 1 of 6 Grantee desires to use certain air .space above the real property described in Exhibit A in connection with the construction, operation, ownership and maintenance of a condominium project located on the real property described in Exhibit B. The air space boundaries are more fully described in the attached Exhibit C. EASEMENT WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, does grant and convey to Grantee, its successors and/or assigns, an easement of Grantor's interest in certain air space over the right-of-way in connection with the construction, operation, ownership and maintenance of a condominium project known as Harborside Condominium Phase I located on the real propeiiy described in Exhibit B. The air spac~ boundaries are described in the attached Exhibit C ("Easement Area"). Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions. and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. This easement shall be a covenant running with the land so long as said easement is used for its granted purpose; and, should the easement not be used for its granted purpose the easement shall automatically terminate and all interest herein shall revert to the Grantor. The terms and conditions of this Agreement shall be binding on the Grantor's and Grantee's successors, heirs, and assigns. DATED this /fl;tiAay OCfj.lAl~j.A~) . ~ rft7ERTON __ By: Cary Bozeman, Mayor (Notary Acknowledgment on Next Page) AIR RIGHTS EASEMENT - Page 2 of 6 CITY OF BREMERTON E8m $37 . 00 200510050466 P <1ge : 2 of 6 10/05/2005 03:49P Vi +'S<1P Co, ~lA 111111 1111111111 ill I II STATE OF WASHINGTON ), ) ss. COUNTY OF KlTSAP ) On this / W.J day of , dooS , before me a Notary Public in and for the State of Washington, ers ally appeared Cary Bozeman, to me known to be the Mayor of City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year fIrst above written. (11uJrJ~~~ NOTARY ~LIC, in and for the State of Washington residing at , ~ My appointment expires s- is ~t1t, APPROVED AS TO FORM: ~~_::---: RO R A. LUBOVICH . City Attorney ACCEPTED this /2J1f day of 4tit$#5r ,2005 by GRANTEE: KlTSAP COUNTY CONSOLIDATED HOUSING AUTHORITY BY:~~ Its: -a ~ R:\LEGAL\Departments-General\LegallAir Rights Easement-KCCHAdoc AIR RIGHTS EASEMENT - Page 3 of 6 11\\111 \\1\\ 11111\ \1\1 1\11\\1 III \III\\~~\\\I\\]~ I~~I ~~~;:~~~~~:~44:; eIT\' or BREt1ERTOH' . EXHIBIT A Y GHT-OF-WA CITY RI A TED AND ') WERE CRE AND TH STREET (60 ON" IN 1891 E (70') AND 4 OF BREMERT HINGTON. WAY OF W AS'TIN~T~~: ~C:~ OF ;;;~~FT~~AP COUNTY, WAS THE RIGHT -O~O THE PUBLIC L~ TS PAGE 30, RECO DEDlCA TED OLUME 2 OF P , RECORDED IN V '!~~~~OS:~O%0466 .. , . (JO k . · . Y2(J(JS I:l~ 'J~Sap r. (f..j:48P ~o, Mi P e 4 of 6 EMENT - ag TS EAS AIR RIGH EXHIBIT B GRANTEE'S PROPERTY PARCEL 1, BOUNDARY LINE ADJUSTl'.1ENT RECORDED UNDER AUDITOR'S FILE NO. 200412010303 AND DELINEATED IN SURVEY RECORDED IN VOLUME 62 OF SURVEYS, PAGE 141, BEING A PORTION OF LOTS 1 THROUGH 19, BLOCK 3, TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 30 AND PORTION OF GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. 1~~!~!I!~!1rf~/HI'H~/H~IIHIIH~'D~~~5;~?~0466 [Stn $37 ~~ K . t' tj5/21]1]5 1]3: 48P . - . d sap Co, UA AIR RIGHTS EASEMENT - Page 5 of 6 EXHIBIT C AIR RIGHTS EASEMENTS PARCEL 1 THAT PORTION OF THE AIRSPACE ABOVE WASHINGTON AVENUE AND FOURTH STREET LYING BETWEEN ELEVATION 78.00 AND 115.00 FEET (MLLW DATUM), WHICH FRONTS LOTS II THROUGH 19, INCLUSIVE, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., KITSAP COUNTY WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF WASHINGTON AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF FOURTH STREET, ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 19, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AND BEING AT AN ELEVATION OF 65.90 FEET (MLLW DATUM) AT THE PROPOSED SIDEWALK AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY OF WASHINGTON AVENUE 85.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY, WESTERLY AND PERPENDICULAR 5.00 FEET; THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY 85.00 FEET; THENCE EASTERLY AND PERPENDICULAR WITH SAID EASTERLY RIGHT OF WAY 5.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2 THAT PORTION OF THE AIRSPACE ABOVE WASHINGTON AVENUE LYING BETWEEN ELEVATION 67.00 AND 115.00 FEET (MLLW DATUM), WHICH FRONTS LOTS I I THROUGH 19, INCLUSIVE, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., KITSAP COUNTY WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF WASHINGTON AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF FOURTH STREET, ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 19, BLOCK 3, PLAT OF THE TOWN OF BREMERTON; THENCE SOUTHERLY ALONG THE SAID EASTERLY RIGHT- OF-WAY OF WASHINGTON AVENUE 156.00 FEET TO THE TRUE POINT OF BEGINNING AND BEING AT AN ELEVATION OF 56.80 FEET (MLLW DATUM) AT THE PROPOSED SIDEWALK; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY 87.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY, WESTERLY AND PERPENDICULAR 5.00 FEET; THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY 87.00 FEET; THENCE EASTERLY AND PERPENDICULAR WITH SAID EASTERLY RIGHT OF WAY 5.00 FEET TO THE SAID EASTERLY RIGHT-OF-WAY AND THE TRUE POINT OF BEGINNING. PARCEL 3 THAT PORTION OF THE AIRSPACE ABOVE FOURTH STREET LYING BETWEEN ELEVATION noo AND 121.00 FEET (MLL W DATUM), WHICH FRONTS LOT 19, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., KITSAP COUNTY WASHINGTON, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF WASHINGTON AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF FOURTH STREET, ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 19, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AND BEING AT AN ELEVATION OF 65.90 FEET (MLLW DATUM) AT THE PROPOSED SIDEWALK AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE SAID SOUTHERLY RIGHT-OF-WAY OF FOURTH STREET 51.00 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY, NORTHERLY AND PERPENDICULAR 8.00 FEET; THENCE WESTERLY, PARALLEL WITH SAID SOUTHERLY RIGHT-OF-WAY 51.00 FEET; THENCE SOUTHERLY AND PERPENDICULAR WITH SAID SOUTHERLY RIGHT OF WAY 8.00 FEET TO THE SAID SOUTHERLY RIGHT-OF- WAY AND THE TRUE POINT OF BEGINNING. AIR RIGHTS EASEMENT - Page 6 of 6 11111111111/11" 111111 CITY OF 8REMERTON ESMT t37.00 200510050466 P ilge : 6 of 6 10/05/2005 03:48P Ki tSilp COI ~JA REAL EST ATE EXCISE T AX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW - CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) Name ~ P,;O, ::J ~ Mailing Address_ 345 6th Street, Suite 600 u:J<( [/) 5 City/State/Zip Bremerton, WA 98337 Phone No. (including area code) (360) 473-2345 Send all property tax correspondence to: [2] Same as Buyer/Grantee Name Mailing Address City/State/Zip Phone No. (with area code) "-I ~"-I "-If- >-Z ;:J<( c:l1Z Cj Mailing Address 9307 Bayshore Dr. NW City/State/Zip Silverdale, WA 98383 Phone No. (including area code) (360) 337-7058 List all real and personal property tax parcel account numbers - check box if personal property List assessed value(s) 3718-003-011-0206 D n n D ~ II Street add.,,;ss ofpropprty: --- This property is located in D unincorporated D Check box ifany of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) County OR within [2] city of Bremerton See attached Exhibits A and B Enter Abstract Usc Categories: 2 (Please see list on the back page of this form) If exempt from property tax per chapter 84.36 RCW (nonprofit organization), include: Seller's Exempt Reg. No.: YES Is this property designated as forest land per chapter 84.33 RCW7 D Is this property classified as current use (open space, Hum and 0 agricultural, or timber) land per chapter 84.347 Is this property receiving special valuation as historical property D per chapter 84.26 RCW7 If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NE \ V 0 \\ ~rER\ S):" T (J -wliiil'1U~ Ule ~urrent designation as ron;st land or classi fication as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualifY and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land 0 does 0 does not qualifY for continuance. DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW QWNER(S): To continue special valuation as hi;toric property, sign (3) below. If the new owner(s) do not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable' by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE List all personal property (tangible and intangible) included in selling price. NO If claiming an exemption, list WAC number and reason for exemption: [2] [2] WAC No. (Section/Subsection) 458-62-420 [2] Reason for exemption Government Transfer Type of Document Air Rights Easement Agreement Date of Document 8/14/05 Bremerton Gross Selling Price $ $ $ $ $ $ $ $ $ $ $ $ $ 0.00 *Personal Property (deduct) Exemption Claimed (deduct) Taxable Selling Price Excise Tax: State 0.00 0.00 0.00 Local *Delinquent Interest: I State Local 0.0050 *Delinquent Penalty *County Technology Fee *State Technology Fee * Affidavit Processing Fee Total Due 5.00 5.00 10,00 If' A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX 'SEE INSTRUCTIONS F PERJURY TH~T THE FOREGOING IS TR~~RR '._ - SIgnature 01'- Grantee or Grantee's Agen Name (print) ~holas Smith, Urban Development Analyst Date & city of signing: 9/19/05 Bremerton Signatur~; 0t Grantor or Grrmtor's Agent Name (print) Cary Bozeman, Mayor Date & city of signing: q ,It; ,()S Bremerton Perjury: Perjury is a class C felony which is punishable by imprisonment in the state con'ectional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (I C)). REV 84 OOOlae (a) (07/11105) TAXPAYER THIS SPACE - TREASURER'S USE ONLY