The URL can be used to link to this page

Home My WebLink About201012210428 • ♦�7 ��C\� ! DEC � 3 2010 �� a�� AFTER RECORDING RETURN TO City Clerk City of Bremerton th 201012 345 6 Street, Surte 600 Ki �OUNTY � of 6 Bremerton, WA 98337 Y NT� OF oo Page FIDELIT E2121 f2�10ep2 59 pM 67 Walter Washin9ton Kitsap Co Audito� I1 IIIIIIIIIIII�IIIIIIIII�II'IIIII'I�IIIIIIIII'IIIIIIIIIII _.._._—__— —� �lI1lI'lllll'IIIIIIIIIIIIII'I"I� _,�__ O �o ` � Grantor Crty of Bremerton Grantee 190 Pacific Avenue LLC Abbreviated Legal Description: Portion of Gov't Lot 3(SW1/4 of the SW1/4) Sec 13, T 24 N,RIE,WM Addihonal Legal Description on Eachibits A Assessor's Taz Parcel ID 3718-009-004-0103 EXCISE TAX EXEMPT �EC 2 a 2bi� AIR RIGHTS EASEMENT AGREEMENT THIS AIR RIGHTS EASEMENT AGREEMENT ("Agreement") is entered mto by and between the CITY OF BREMERTON, a Waslungton murucipal corporahon ("Grantor"} and 190 PACIFIC AVENiJE LL.C, a Was?rungton Limrted Liabilrty Company ("Grantee") RECITALS Grantor is the owner of a portion of nght-of-way located m the CiTy of Bremerton along Pacific Avenue and 2 Street, and more particularly descnbed m the legal descnption identified in Exlubit A as "Crty Right-of-Way" (heremafter, "City Right-of-Way") Grantee is the owner of real property located ad�acent to Grantor's Right-of-Way, more particularly descnbed in the legal descnption identified in Exlubit A as"Grantee's Property" and commonly known as 190 Pacific (hereinafter, "Grantee's Property") AIR RIGHTS EASEMENT - Page 1 of 6 � Grantee desires to use certain air space above the City Right-of-Way m connection with the operation, ownerslup and maintenance of the upper portion and roof of the existing buildmg located on Grantee's Property The parties agree to the air space boundanes above Pacific Avenue and 2" Street that are more fully descnbed in the legal descnption identified m Exlubrt A as"Air Rights Easements" and shown on E�ubit B, (hereinafter, "Easement") Exhibrts A and B are attached hereto and mcorporated herem by this reference EASEMENT WIT'NESSETH that Grantor for and m consideration of mutual benefits denved and/or other valuable consideration receipt of whach is hereby acknowledged by Grantor, does grant and convey to and for the benefit of Crrantee, rts successors and/or assigns, an Easement of Grantor's mterest m certain air space above the Crty Right-of-Way m connection wrth the operation, ownership and maintenance of the upper portion and roof of the existing buildmg located on Grantee's Property wluch extends mto the air space above Crty Right-of-Way Grantee shall at all times exercise rts nghts under tlus Easement m accordance wrth the requirements of all applicable statutes, orders, rules and regulations of any public authonty havmg �unsdiction Grantee does hereby release, indemYUfy 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 wrth the Easement, ansing directly or indirectly on account of or out of the exercise by Grantee, rts servants, agents, employees and contractors of the nghts granted in this Easement Tlus Easement shall be perpetual and a covenant rumm�g wrth the land so long as said Easement is used for its granted purpose of operation, ownership and maintenance of the upper portion and roof of the existing buildmg located on Grantee's Property wluch extends mto the air space above the Crty Right-of-Way, and should the Easement not be used for its granted purpose, this Agreement and the Easement granted herem, shall automatically terminate and all mterest herein shall revert to the Grantor The terms and conditions of tlus Agreement shall be binding on the Grantor's and Grantee's successors, heirs, ana assigns If any provision of tlus Agreement shall be found mvalid or unenforceable, the remamder of this Agreement shall not be affected thereby and each provision of tlus Easement shall be vand and enforced to the fullest extent permitted by law In the event any legal proceedmg is brought to enforce or interpret any provision of tlus Easement by the Grantor or Grantee, the prevailmg party shall be entrtled to an award of rts reasonable attorneys' fees and costs mcurred m such proceedmg, mcludmg any appeal therefrom AIR RIGHTS EASEMENT - Page 2 of 6 . This Agreement contams all of the agreements of the parties hereto with respect to the matters contained herein, and no pnor agreement, arrangement, or understandmg pertairung to any such matters shall be effective for any purpose GRANTOR: CITY OF BREMERTON GRAN EE: 1 9 0 PA IFIC AVENUE, LLC �� R � ( � 2 � u �� L � D a�� .er a ,� � G By. P ty ent, Mayor By: Ro ald Sher, (',�2�{-_ �(,u�`(►2 �� Date \ Date ��, �� STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On ttus � h day of December, 2010, before me a Notary Public in and for the State of Waslungton, personally appeared Patty Lent, to me known to be the Mayor of Crty of Bremerton, a Washuigton murucipal corporahon that executed the foregomg uistrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in tlus instrument, and on oath stated that he was authonzed to execute said instrument -Notary Sea! Must Appear Wrthrn Thts Box- IN WIT7vESS WI-IEREOF, I have hereunto set my hand and offic�al seal the day and year first above wntten P� � � � ,..., O�. C��, � TAEt°'��!fi� �. � � rc� � 1 1;�� R 1- o Z NOTAR BLIC, m and for the State of Washmgton ��' p �G a res�dmg at � c� W`Pe ,�J'� �• 9 B 1� ,• �`�' My appomtment exp�res �- �'S �\� �9r�•. 15- 1 � •...• ' F yyA� •'\ ` �� AIR RIGHTS EASEMENT - Page 3 of 6 % STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On ttus 2,� day of December, 2010, before me a Notary Public�n and for th State of Waslungton, personally appeared Ronald Sher, to me known to be theu^'ekE eu� of 190 Pacific Avenue, LLC, a Waslungton lumted habihty company, that e ecuted the foregomg mstrument, and acknowledged rt to be the free and voluntary act of said corporation, for the uses and purposes menhoned m this mstrument, and on oath sta.ted that he was authonzed to execute said mstrument -Notary Seal Must Appear W�thrn Th�s Baz- IN WITNESS WHEREOF, I have hereunto set my hand and offic�al seal the day and year first above wntten ````\��a��uuqi�� ,�� , � ANT ''n, t Sc.�. ��'�-- = P�....,�„�� '�� ' ,�`�S�oN �;A�,,� 4,� NOTARY PUBLIC, m for the State of Waslungton = v: .�`� tAq '�P;''., s residmg at �.- � s" a �� }�% ; My appomtment exp�res 5 " �� f 2 ' % y '' � � y . .. :, %,� '° �o � � �� ''��s'� ' v = .• i� 9�` ��u�a��a�..r ��j► a � F � g �j► ; /// ��1�� W�A ``��``` APPROVED AS TO FORM RO ER A LUBOVIC City Attorney AIR RIGHTS EASEMENT - Page 4 of 6 0 T W�r R�ghts Easement 190 Pacfic Avenue LLC doc EXHIBIT A CITY RIGHT-OF-WAY THE RIGHT-OF-WAY OF PACIFIC AVENUE (209') AND 2 STREET (413'+/-) WERE CREATED AND DEDICATED TO THE PUBLIC BY THE PLAT OF "THE TOWN OF BREMERTON" BLOCK, IN 1891 AND RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON GRANTEE'S PROPERTY RESULTANT PARCEL 1 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201007080036, RECORDS OF KITSAP COLJNTY, WASHINGTON, DESCRIBED AS FOLLOWS LOTS 4, 5, 6, AND 7, BLOCK 9, OF THE 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 1 EAST, W M, IN KITSAP COUNTY, WASHINGTON, TOGETHER WITH THE NORTHERLY 6 FEET OF LOT 3, AND TOGETHER WITH THE VACATED 14 FOOT WIDE ALLEY LYING TO THE EAST OF SAID LOTS AIR RIGHTS EASEMENTS THAT PORTION OF THE AIRSPACE ABOVE PACIFIC AVENUE AND 2ND STREET LYING BETWEEN ELEVATION 15 AND 30 FEET (ELEVATION MEASURED FROM THE BUILDINGS NW CORNER AT THE SIDEWALK AS 0-FEET), WHICH FRONTS ON THE WEST LINE LOTS 3 THROUGH 7 AND LOT 7 ON THE NORTH LINE, INCLUSIVE BLOCK 9, 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 1 EAST, W M, KITSAP COUNTY WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF PACIFIC AVENUE AND TI-� SOUTHERLY RIGHT-OF-WAY OF 2 STREET, ALSO BEING THE TRUE POINT OF BEGINNING, THENCE SOU fHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY OF PACIFIC AVENUE 126 FEET, THENCE WESTERLY AND PERPENDICULAR 4 FEET, THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY 126 FEET, THENCE EASTERLY AND PERPENDICULAR WITH SAID EASTERLY RIGHT OF WAY 4 FEET TO THE TRUE POINT OF BEGINNING TOGETHER WITH BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY OF PACIFIC AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF 2 STREET, ALSO BEING THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY, WESTERLY 4 FEET, BEING AN EXTENSION OF THE SAID SOUTHERLY RIGHT OF WAY, THENCE NORTHERLY AND PERPENDICULAR WITH SAID SOUTHERLY RIGHT OF WAY 4 5 FEET, THENCE EASTERLY AND PARALLEL WITH SAID SOUTHERLY RIGHT OF WAY 118 FEET, THENCE SOUTH 4 5 FEET AND PERPENDICULAR WITH SAID SOUTHERLY RIGHT OF WAY, THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY 114 FEET TO THE TRUE POMT OF BEGINNING AIR RIGHTS EASEMENT - Page 5 of 6 � � « EKAIBIT B � � � 2N0 STREET - - - � � � poB 4 5 ' � � � , �� _-- � ; � ;� � EASEMENT ;+ , �� J �t . {� .. ��__- ' 1 I 190 � � PACIFIC i � 4' � � > � Q � � U i � ---- -- �- ► � Q — a � x A1R RIGHTS EASEMENT Page �of �