HomeMy WebLinkAboutABRAMS, ASHLEY & ANDREA Minard Road Use Permit
This Roo Use Permit(hereafter"Permit°)is made as of this L� day
of V 20\� by the City of Bremerton(°Cites, a Washington Municipal Corporation,
and 1n1 �i . rbc 141nr._�u>a Property owner(hereafter"Permitee") identified on
Exhibit A, a ached hereto and incorporated herein,with respect to real property located
on Minard Road, in Kiisap County,Washington, as further defined herein.
WHEREAS, Minard Road, for purposes of this Permit, is a Road on the City's water
shed property in Kritsap County,Washington;
WHEREAS,the Permttee prefers to ingress and egress over the Road,which fronts the
Permitees' properties rather than construct the actual easement road for the property,
NOW THEREFORE, in consideration of the neighborly relations, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the
parties hereby agree to the following.
1. Property. This Permit shall apply to the road and to driveway access from the
road to the Permitee's Property located on City property(hereinafter referred to
as"Road.
2. Purpose of Agreement The purpose of this Permit is to allow non-exclusive
access over and upon the existing Road by the adjacent property owner.
3. Maintenance. Maintenance of the Road shall be by the Property Owners.
Maintenance on the City property will be limited to the repair of potholes,
placement of additional road coarse and grading. Activities not permitted on the
City property will be any nature of work altering drainage courses, placement of
culverts or that which physically alters the current Road condition and
boundaries.
4. Indemnification. Each Property Owner shall indemnify,defend and hold the City
harmless from and against all common law or statutory liabilities, damages,
obligations,losses,claims, civil actions,costs or expenses,including attorneys'
fees, arising from any act,omission or negligence of the Property Owner or its,
contractors, licensees, agents,guests or invitees on or about the Road, or arising
from any injury or damage to any person or property.including the Road,
occurring on or about the Road as a result of any act,omission or negligence of
the Property Owner, or its contractors, licensees, agents, guests, or invitees, or
arising from any breach or default under this Agreement by the Property Owner.
5, Termination.The Citimay,with ninety( 0)days notfca
cancel the permit and
deny access to the Property Owner use of the Road.
6. interest In Road_This Permit does not create an interest in real property to the
Permittee nor does it convey to the Permittee exclusive possession or use of the
Road.This permit shall be exclusive to the Property Owner and nontransferable
to any future owner of the property and grants no interest to any successors or
assigns of the Permitse.
7. Recording and Filing.A copy of this Permit shag be kept with the City of
Bremerton's Property Management Office.
8. Severability. Invalidation of any one provision of this Agreement by competent
authority shall in no way affect any other provision,which shag remain in full
force and effect.
MAWd Raced Perfi&
January 8,2014
Page 1 of 4
In witness whereof, the undersigned have executed this Agreement as of the date first
above written:
Minard Road Permit
Patty Lent, mayor Date
Approved for form, City Attorney
STATE OF WASHINGTON )
)ss.
COUNTY OF KITSAP }
On this day of R 20�before me a Notary Public in
and for the State of Washington,personally appemv4fttty Lent,to me lmown to be the Mayor for
the City of.Bremerton that executed the foregoing instrument, and acknowledged it to be the five
and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that
they are mithmized to execute said instrument
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
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NOTARY PUBLIC,in and a State i
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14ot0ty a _ My appointment expires
public o
0 e r try 05 r ON'
Mnard Read Permit
January 8,2014
Page 2 of 4
I hereby_agreeJo-the ter-ms_nf_this permit
Date: O� Fe 6,16 l5
Print Name: �AWI ecti. A b-o.NA-S
Property Owner(s)of Parcel No.(s): vA /
STATE OF WASHINGTON )
)ss.
COUNTY OF KITSAP )
On this day of '1'2 , 20 !S, before me a Notary
Public in and for the State of Washington, personally appeared
6111A-� A bf&V" A/2,(O ,'S to me known to be the individual that
executed the foregoing instrument, and acknowledged it to be the free and voluntary act,
for the uses and purposes mentioned in this instrument, and on oath stated that they are
authorized to execute said instrument.
IN WTI't+IES,S WHEREOF,I have hereunto set my hand and official seal tlse day and year
first above written.
NOTARY PUBLIC,in and for the State
�'�<N 0 TA R Y���� of Washington,residing at 07�e 4q,\ �S�SLe.b7 (LrWc� t�A y83`b
* _ My appohiftneat expires a i r /I S�
e* : PUBLIC
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OF 1111\�`
:tiln wd Rand Permit
January 8,2014
Page 3 of 4
APPENDIX A
Legal Description of Property served by Minard Road Permit
Parcel I:
Resultant Parcel B of Boundary Line Adjustment recorded under Auditor's File No.2011ll020109,
described as follows:
The East half of the Southwest quarter of the Southwest quarter of the Southwest quarter,Section 34,
Township 24 North,Range 1 West,Wid,in Kitsap County,Washington;
Except the West 42 feet thereoL
Parcel H.-
An easement for ingress,egress and utilities over,under and across a strip of land 60 feet in width
being 30 feet on each side of a centerline described as follows:
Beginning at the Northwest corner of the East half of the Northwest quarter of the Southwest quarter
of the Southwest quarter,Section 34,Township 24 North,Range 1 West,WJK,in JUtsap County,
Washington;thence South along the West lime of said subdivision to the Southwest corner thereof;
thence East along the South line of said subdivision to the Southeast corner thereof and the terminus of
said tines at the terminus thereof being a cul-de-sac with a radius of 50 feet;
Together with an easement for ingress,egress and utilities as recorded ander Auditor's Tile No.
8104290019.
M nand Road Pew
Jahumy A 2014
Page 4 of 4