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Home My WebLink AboutKITSAP WAY/MARINE DR. ri TEMPORARY EASEMENT AGREEMENT THIS AGREEMENT, made and. entered into this I '?f-lKday of j/lvJ/~ 1992, by and between the City of Bremerton (hereinafter referred to as "City");and Wendell H. Arnold and Betty Jean Arnold, husband and wife, and Ralph Erickson (hereinafter referred to as "Grantors"). WITNESSETH: WHEREAS, the City has vacated a portioll of Murint Drive to Grantors (right-of- way more fully described in Exhibit "A");and WHEREAS, a condition of the right-of-way vacation requires that Grantors provide the City with a temporary easement for continued public right-of-way use of the vacated portion of Marine Drive during construction of the Marine Drive/Kitsap Way intersection; now, therefore, FOR AND IN CONSIDERATION of the mutual promises and benefits contained herein and for other valuable consideration, the receipt of which is hereby acknowledged, the City and Grantors hereby agree and covenant as follows: 1. GRANT OF EASEMENT: Grantors do hereby convey and quit claim to City a temporary easement for continued public right-of-way use upon the vacated portion of Marine Drive described more fully in Exhibit "A ",attached hereto and incorporated herein, during the construction of the Marine Drive/Kitsap Way intersection, to terminate upon opening of the new intersection for public travel, but, in any event, no later than June 1, 1993. TEMPORARY EASEMENT AGREEMENT -1- 2. HOLD HARMLESS: Grantors hereby agree to save harmless and defend the City from all claims and liability due to the negligent acts, errors or omissions of Grantors, their agents and/or employees. The City shall not be liable to Grantors, or any other party for any claim whatsoever arising in connection with this Agreement, except for negligence solely and entirely the fault of the City. 3. GOVERNING LAW: The place of making this Agreement shall be deemed to be the State of Washington, and the legal rights and obligations of the parties hereto shall be determined in accordance with the laws of the State of Washington. 4. JURISDICTION AND VENUE: In the event that any suit or action shall be brought in connection with any of the terms and conditions of this Agreement, the parties hereto hereby agree that jurisdiction and venue of any such suit or action shall properly lie in Kitsap County, State of Washington. 5. SEVERABILITY: In the event that any section, or any part of any section, or 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. 6. ENTIRETY: This Agreement constitutes the entire agreement and understanding between the parties hereto. There are no other agreements or understandings, either written or oral, Rwhich modify or have any effect upon this Agreement. TEMPORARY EASEMENT AGREEMENT -2- IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be effective on the day and year first above written. .Ji~7I~ WENDELL H. ARNOLD .;;:? aL 9: /7 '!lL . ...d/~ U--C( ~--rL./ ~:1 BETTY ntAN" ARNOLD ~~,j P~A..LPH ERICKSON GRANTORS By:~~ME~X LOUIS MENTOR, Mayor ATTEST: \::.. (\l\...... Co. ~~ KATHLEEN L. McCLUS Y, Clerk AS TO FORlvl: STATE OF 1~5lYvc>i OtJ ) COUNTY OF tisf ). ss. On this day personally appeared before me WENDELL H. ARNOLD and BETTY JEAN TEMPORARY EASEMENT AGREEMENT -3- ARNOLD, husband and wife, to me known to be the individuals described in and who executed the within 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 this -I..t- day of /11 /fIC~Z . , 1992. ..,! l , ". . 1,1. /. . " ',\ !".,' ,', ":". .. " i \, j '~...._.' ..' No. '. ublic in and for the SE-te of ffL~-. resIdmg at 11 /f'~ /114 ~ 1c2 rv '. . . . Myappointment expires: 7~ !.";":l~-~' ., ,I STATE OF WASHINGTON ) COUNTY OF KITSAP ) ss. On this day personally appeared before me RALPH ERICKSON, to me known to be the individual described in and who executed the within foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deen, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this -Lt- day of ;ff/;/f8. C , 1992. le// ./ . -^--..,..-- No~ Public in ~d for ~e S!jite of resIdmg at IS /?L7 d/ h,,1? It?? '\/ Myappointment expires: /-1- 9s-- STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and.that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, TEMPORARY EASEMENT AGREEMENT -4- for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this L day of ~ , 1992. I, \ I TEMPORARY EASEMENT AGREEMENT -5- EXHffiIT "A" A tract of land bounded on the Northeasterly and Westerly boundaries by Lateral/Highway No. 5 (Marine Drive) and on the South by Kitsap Way (formerly State Highway No. 21) in Section 15, T. 24 N. R. 1 E. W.M. Except that portion lying within the following Described Parcel: Beginning at the N 1/4 Comer of Sec. 15, T. 24 N.,R. 1 E., W.M. in Kitsap County, Washington, Thence S I023'50"W 2670.59 Feet to the Center of said Section 15, Thence N I023'50"E 139.42 Feet Thence N 88036'10"W 30.00 Feet to the West margin of Morgan Road and the True Point of Beginning, thence N I023'50"E along said West margin 291.05Feet, Thence N 88045'19" W, 390.00 Feet to the East margin of Bertha Avenue, Thence S I023'50"W along the said East margin 202.72 Feet to the Northerly margin of Marine Drive, Thence along the Northerly margin of Marine Drive S 410 16'29"E 8.35 Feet, Thence continuing along the Northerly margin of Marine Drive S 48043'31" W 7.70 Feet, Thence S 1023'50" W along said East margin of Bertha A venue Extended 34.55 Feet to a point on a curve to the right have a Central Angle of 8028'56"and a point of radius S 650 14'35"E 390.86Feet; Thence along said curve 57.86 Feet to a point of reverse curve having a central angle of 25000'00" and a point of radius N 73043'31" E 330.86 Feet, Thence along the curve 144.36 Feet, Thence S 41016'29" E 11.20 Feet to a point of curvature to the left having a central angle of 86029'42" and a point of radius N 48043'31"E 40.00 Feet, Thence along the curve 60.38 feet to a point on the Northerly margin of Kitsap Way, Thence along the northerly margin of Kitsap Way following a spiral curve a centerline distance of 127.26 +/- to a point of change from spiral to circular curve having a central angle of 80 16'32"and a radius point S 31029'02"E loo5.ooFeet, Thence continuing along said Northerly Margin 145.16 Feet to the True Point of Beginning. 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