The URL can be used to link to this page

Home My WebLink About200403160142 f/ .--~ 11~!!~!!!~plmll lID ~lIllmm~IIII' ~~.~~~~i ~O 142 RT OF' ESf1T -t-:>.~ _ 8~,,. 1 b,.' C:/j/j4 18 C'oA "';;l,; . titl kIt. s.:1p Co" t.iA ';'-' ~'l j\ R 1 n ')no~~ ~~ M '. ........... _tI " When Recorded Return to: Port of Bremerton 8850 SW State Route 3 Port Orchard, W A 98367 Document Title: Project Name: Location: Tax Parcel #: Abbreviated Legal: AccesslUtility Easement City of Bremerton Access Road Olympic View Industrial Park 112-301-3-001-1000 That portion of the NW quarter NE quarter of Section 11, Township 23 N., Range 1 W.M. in Kitsap County W A. ACCESSIUTILITY EASEMENT I, THIS EASEMENT, made and entered into this :,;,,:/,V~ay of 'v/..>; i;; i,L.;' L='.-LLf-; 2004, by and between the Port of Bremerton, a municipal corporation organized under the laws of the State of Washington, (hereinafter referred to as the "Grantor"), and City of Bremerton, a municipal corporation organized under the laws of the State of Washington, (hereinafter referred to as the "Grantee. FOR AND IN CONSIDERATION of mutual benefits contained herein and for other valuable consideration, the receipt of which is hereby acknowledged, the Grantor, and the Grantee hereby agree and covenant as follows: 1. PURPOSE: The purpose of the access easement shall be to provide the Grantee with ingress and egress over Grantor property by means of a roadway from Grantee property (north and adjacent to Grantor property) incidental to timber haul and forest management activity, biosolids haul and worker:vendor access to Gold Mountain Golf Course by the Grantee; the removal of gravel by the Grantee and its agents or contractors; and for the installation and maintenance of underground utilities underneath or adjacent to the roadway and no other purpose (s) without the expressed prior written consent of the Grantor. Responsibility for maintenance of the roadway shall rest solely with the Grantee. This road maintenance will be to the standards consitent with similar roads maintained by the Grantee. The Grantee shall maintain a lockable Access Easement (CofB/POSand&Gravel)' 12-03 Page 1 "" .f~, gate across the roadway where it intersects with Imperial Way so as to control and limit access thereto. Grantor shall be provided appropriate keys thereto to permit its access at all times. 2. GRANT OF EASEMENT: Grantor does hereby convey and quit claim to Grantee, its assigns and successors, a perpetual easement for the purpose of ingress and egress upon, over and through the property as described as follows: SEE ATTACHED EXHIBIT" A" 3. RIGHT OF THE GRANTOR: The Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted. The Grantor may require the roadway to be re- located by giving the Grantee one (1) year's prior notice. Any such roadway re-location shall be undertaken by the Grantor at its sole expense. In this case, Grantor agrees to provide replacement access easement in form similar to this document. 4. OWNERSHIP: The Grantor covenants that they are the fee simple owner of said land and in which Grantor has any interest and will warrant and defend title to the land against all claims. 5. UNENCUMBERED USE: Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading, or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area. 6. EASEMENT TO RUN WITH THE LAND: The Grantor and Grantee intend that this Agreement shall be a covenant running with the land described above and shall be binding upon Grantor's and Grantee's successors in interest. 7. GOVERNING LAW: The place of making this Agreement shall be deemed to be the State of Washington, and the legal rights and obligations ofthe parties hereto shall be determined in accordance with the laws of the State of Washington. 8. HOLD HARMLESS & INDEMNIFICATION: The Grantee covenants and agrees to hold harmless, defend and indemnify the Grantor, its commissioners, employees, agents, officers, and representatives from and against any and all liability, damages, jud&ements, or claims therefor, but excluding consequential damages, which may arise from or are directly attributable to the Grantee's use of the Easement area, whatsoever the nature, and whether authorized or unauthorized. The Grantee shall defray the expenses, including reasonable attorney's fees and costs, for the defense of any such claim, including but not limited to litigation in any court of competent jurisdiction or any other dispute resolution process or proceeding. The Grantee also agree that Grantor or their employees or 111111111111 111111111111111111111111111111 1111111111111 ~~,~~~.~i ~O 1 42 8REI'1ERTOt~ PORT or ECt'lT"~ 0.:".1 b,.. C:~l(j4 10 : S8A . ,,$2,:,. t:1t:1 klt.s<ip Co! iJA : (CotB/POSand&Gravel) 12-03 Page 2 . " "..' agents shall not be held liable for any damage to property or persons caused by any defects now in said Easement area or equipment, and hereinafter occurring, and the Grantee shall defend, indemnify, and hold Grantor harmless therefrom. Notwithstanding the foregoing, ifliability, iJ~rf;:~~ damages, judgements or claims arise from or are attributable to the Grantor, CialItt;e, and fllt:> . ~.~ Additienal Grantee, the parties agree that the obligations shall be shared proportionally. This 'lUi4/;t provision shall be inapplicable to the extent the Grantor is judicially found solely negligent for '& such damage or injury. 9. SEVERABILITY: In the event that any section or any part of any section of this Agreement shall be declared invalid by a court of competent jurisdiction, said holding shall have no effect upon the remaining sections of this Agreement, which shall remain in full force and effect. 10. ENTIRETY: This Agreement constitutes the entire agreement and understanding between the parties hereto. There are no other agreements or understandings, either written or oral, which modify or have any effect upon this Agreement. IN WITNESS WHEREOF, this Agreement has been duly executed by the Parties hereto, to be effective on the day and year first above written. . ~.mee,) rf~.}~~ .~ -~ Mayor, City Bremeh? ~ ~ Approved as to form: 8REMERTONCITY fUQRNEV "'--y '<~)ll} '.' By L.A." ~~~ / .." 111111111111 111111 11111 111111111111111111111111 11111111 ~~,~~~.3oi ~O 1 42 8REI1ERTON PORT OF Eel'lT.l-:o O,.J,.l bi C:~tj4 18; 58A .., ...:2.88 Kl t.S.3p Co.. ~.iA Access Easement (CotB/POSand&Gravel) 12-03 Page 3 "tJt:.q'~?-r ~ ~.- 40' . '"" # ~q'fr' ~;:r 4, ........ EXHIBIT IrAn ROADWAY AREA DESCRIPTION '" " ~-~ I .. J~ ~ - -""IV ~ . "'" ... ~ I~ ~ , r~ S 00-46'10NE 678.7'J' That~. of tho Northeast quarter of Section 11, Township 23 North, Range 1 We$t, WoM.; in ~ ~, WIlSbfD8ton descnDed as follows: Beg;nn;ng at the Northwest COtIler of said Northeast quarter of said SectiOD 11; thence Soutb 87W31" East ~ the Northerly line of said section 715.90 feet; thence South W4S!la' East 678.71 feet. marc' or less to tho South line of the Nonh halt of the Nortlrwcat quarter of tho Northeast.quartc:' of said Scetiou; thence North 87'13'54" West .' along said South Be 112.86 feet to the TRUE POINT OF BEG~G; thence South . OS-4Z4T West 294.73.feet tp the Northerly right of way marg.iD of a road d~fgDated II ROAD NO. 3 (Imperlal W8:J) en plans on file with the Pon of BremertDll enutled II()LYMPIC VIEW fNDUsnuALPARK, ROAD-3, PLAN &: PROFILE, STA 28+ 16.73- STA 52+69.33'" dated October, 1.S'7'2; thence North 78'4r:21- West along uid Northerly right of way margin 040.19 teet;. ~ Nonb ~.42'4" EBt 288.75 teet to tho South line of the North half of the Nonhw=t quarter of the Northeast quarter of said Section 11; thence South 37'13'54- East 4O.OS feet to tbe TRUE POINT OF BEGINNING. ,- 111111111 ~ 111111111111 :;j~;2:::i ~~ 15:R2 BREMER TON PORT OF ESMT $22.88 Kitsap Co! WA