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Home My WebLink About201203260078 a � Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 REMERTON CITY OF 201203260078 Easement Rec Fee $ 67 00 Page 1 of 6 1 03/26/2012 09 54 AM Walter Washington, Kitsap Co Auditor i 1111111111111111111111111111111111I111111111111111111IIIIIII111111111III iIII AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Public Access Easement Reference Number(s) of Documents assigned or released N/A Grantor(s) 1 WmCo Foods LLC x❑ Additional names on page of document Grantee(s) 1 The Cit of Bremerton EXCISE TAX EXEMPT MAR 2 2 2 Ui x❑ Additional names on page of document Legal Description A portion of the NW '/4 of the SE '/4 of Sec 20, T 24 N, R1 E, W M in Kitsap County, (abbreviated) WA x❑ Additional legal is on page 4 of document Assessor's Property Tax Parcel /Account Number 5580- 000 - 022 -0001 Protect Name WinCo Foods PUBLIC ACCESS AND UTILITY EASEMENT THIS INSTRUMENT made this / 9 rN day of March, 2012, by and between WinCo Foods, LLC, a Delaware limited liability company (hereinafter "Grantor ") and the City of Bremerton, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantee ") WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, a 10 -foot public access and utility easement for pedestrian ingress and egress and maintenance of public street lights, over, through, across and upon the following described property situated in Kitsap County, Washington, more particularly described as follows Public Access and Utility Easement - Page 1 of 4 c SEE EXHIBIT "A" ATTACHED Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above - referenced property without incurring any legal obligation or liability, provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document Under no circumstances shall Grantor place any structure or any other objects on the property described in this easement or the immediately adjacent incidental areas in a manner that would interfere with Grantee's use of the easement Prior to conducting work on Grantor's property in the area of Grantor's access driveway located on Arsenal Way, Grantee shall use commercially reasonable efforts to give Grantor prior written notice of such work, which notice shall include a written description of the specific work to be performed and the schedule for completion of such work, to WmCo Foods Store #105, Attn Manager and Assistant Manager, Telephone (360)479 -0139, E -mail manager l 050 wincofoods com and asstmgrl05( &,wincofoods coin Grantor and Grantee shall also use commercially reasonable efforts to coordinate scheduling of Grantee's work to minimize interference with the use of Grantor's property Notwithstanding the foregoing, if at any time Grantee determines that an emergency condition exists, Grantee may take immediate measures to remedy said emergency condition, provided, that, Grantee shall also take reasonable steps to immediately notify Grantor of such emergency condition and work required to remedy such emergency and the location and schedule for completion of such work Grantee shall be solely responsible for operating, maintaining, repairing and replacing all municipal facilities located on Grantor's property Grantee shall defend, indemnify, and hold Grantor harmless from all claims, losses, liabilities, actions, proceedings, and costs (including reasonable attorneys' fees and costs of suit), including liens, and any accident, injury, loss, or damage whatsoever occurring to any person or to the property of any person arising out of or resulting from any activities performed or authorized by this easement, provided, however, that the foregoing shall not extend to loss or damage directly caused by the negligence or willful act or omission of Grantor This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement Public Access and Utility Easement - Page 2 of 4 GRANTOR: WinCo Foods LLC Its G DA (Notary Acknowledgment Appears on Next Page) Public Access and Utility Easement - Page 3 of 4 r ' STATE OF IDAHO ) ) ss COUNTY OF ADA ) On this day of 012, before me a Notary Public in and for the State of Idaho, personally appeared M 1 AA, to me known to be the (,'�D of J 10 Cb VMj5, (,( ' a limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he /she /they was /were authorized to execute said instrument -Notary Seal Must Appear Within This Box- - WITNESS WHEREOF, I have he unto set my hand an o icial seal the day and year first above written �OTA* •�:` NOTARY PUBLIC, umd fpr _the State of Idaho, residing at V �L My appointment expires 2U t v , pU B Lie ••.,,re of ��a,,,• Public Access and Utility Easement - Page 4 of 4 c ' EXHIBIT "A" THAT PORTION OF LOT 22 OF THE PLAT OF BAY VISTA - PHASE 2, ACCORDING TO PLAT RECORDED IN VOLUME 33 OF PLATS AT PAGES 74 THROUGH 90, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS- BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 22; THENCE SOUTH 25 °46'33" WEST, ALONG THE EASTERLY MARGIN OF ARSENAL WAY, A DISTANCE OF 397.29 FEET; THENCE SOUTH 64 °13'27" EAST, A DISTANCE OF 10 00 FEET; THENCE NORTH 25 °46'33" EAST, PARALLEL WITH SAID EASTERLY MARGIN, A DISTANCE OF 401.22 FEET TO A POINT ON THE SOUTHERLY MARGIN OF KITSAP WAY, SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHWEST, THE RADIUS POINT OF WHICH BEARS SOUTH 04 0 34'43" WEST, A DISTANCE OF 1414.23 FEET; THENCE NORTHWESTERLY, ALONG SAID SOUTHERLY MARGIN AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°26'07" FOR AN ARC DISTANCE OF 10.74 FEET TO THE POINT OF BEGINNING; IN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON. t '4�: +ii t� EXHIBIT A -1 ARSENAL WA YR.0 W. CONVEYANCE EXH /B /T 7WE POINT ! h ah NW CDR, LOT 22 ti � OF WGINNINGN ! �o SCALE 1 " =50' / 0 25' 50' 100' L /NE TABLE ! .�1 LINE BEARING I DISTANCE L1 S64'13'27 "E 10 00 L2 N64- 1327 "W 10 00 ! �h� ph !! , •��' Al / LOT 22 r ! ! L ! �00�, ° 4 Wps ld� 27 5 �? x ' Zz �CI3TE F" J I �NAL LAND gJ EXHIBIT A -2