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HomeMy WebLinkAbout201506160078 � �. � �. ., � When Recorded Return to: Return Address: City Clerk City of Bremerton � 345 Sixth Street,Suite 600 ;�^-- - " -- - —� � �� Bremerton,WA 98337 � CITY OF BREMERTON 201506160078 , Easement Rec Fee $ 76 00 i 06115l2015 10 39 AM Page 1 oF 5 ! Dolores Gilmore, Kitsap Co Ruditor � `.\ I I�III��III��I I�I�III IIIIII�II�I�I I��I II�I IIIII I���I II III�I�I II�II IIIII��III I�II I�II _-- —_ . I oocument Tit�e(s): I. Ingress and Egress Easement Reference Number(s)of Documents assigned or released: N/A Grantor(s): 1. United Way of Kitsap County � Additional names on page of document. Grantee(s): �, The City of Bremerton � Additional names on page of document. Legal Description: portion of Government Lot 3,(SW '/a,SW �/a)Section 1,Township 24 North,Range 1 East, (abbreviated) Willamette Meridian,Kitsap County,Washington � Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 3718-014-040-0000 Project Name: INGRESS/EGRESS EASEMENT THIS EASEMENT, made and entered into this �� day of �cLw� , 2014, by and between the City of Bremerton, a first class municipal corporation, (hereinafter referred to as "Grantee"); and United Way of Kitsap County (hereinafter referred to as "Grantor"). WHEREAS, Grantor agrees to grant to Grantee, a public pedestrian and vehicular ingress and egress over, through, and across the below described real property owned by Grantor, 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 Grantor and Grantee hereby agree and covenant as follows: 1. Grant of Easement. Grantor does hereby grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an easement for the purpose of Public Ingress/Egress across the property legally described in Exhibit A and as further described in Exhibit B,both exhibits attached hereto and incorporated herein by reference. As consideration for this easement, Grantee agrees to perform surface sweeping (sweeping) in the easement area and Grantor's adjoining parking lot to the extent these areas are accessible by a street sweeper, not 1 United Way of Kitsap County KITSAP COUNTY TREASURER EXCISE 06H6/2015 , 2015EX03952 � , Total: 5113.60 Clerk's Initia� - - - - ...i � obstructed by vehicles or other objects, at the time of sweeping. The sweeping will be performed in conjunction with Grantee's street sweeping of 4th Street or as otherwise mutually agreed upon. 2. Grantor's Use of Easement Area. 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 construct or maintain any building, structure, trees, large shrubs, or any other objects on the property described in this easement area or the immediately adjacent incidental areas in a manner that would interfere with Grantee's use of the easement. 3. Easement to Run With the Land. 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. 4. Governin�LLaw. The legal rights and obligations of the parties hereto shall be determined in accordance with the laws of the State of Washington. 5. 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. 6. Severabilitv. 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. 7. Entiretv 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. UNITED WAY OF KITSAP COUNTY,Grantor � e � Its: 2 United Way of Kitsap County i.�t .� (Notary acknowledgement on next page.) STATE OF WASHINGTON ) . ss. COUNTY OF KITSAP ) On this Irl day of �u� , 2014, before me personally appeared�l i,�l �.�cTo+� _, to me known to be the �xa«a-i ve Q i re.c-�r ,of the United Way of Kitsap County that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said �� , for the uses and purposes therein mentioned, and on oath stated that �i was authorized to execute said instrument. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. ````�P�FE������� � - - ��i/Vl .` �5 ••'S►oAi''••��L��� OTARY PUBLIC in and for the State of � v:•��s �ti N Z � '� �9'' � Washington residing at ���� W-� � c°� NOTARY = My Commission expires: �1�a5'aot5 — �cn PUBLIC — 2 ' .� - ' �:�;`A�. Zo`�����: ''�j'� O•.:.?g,..••`\��. '' ; �� ACCEPTED BY: �� ��iW�iSN� �` CTTY OF BREMERTON,Grantee BY: Patty Le Mayor APPROVED AS TO FORM: Roger A. Lubovich City Attorney R:U.egal\Legal�Files\Curtent Active Files�Pazk Avenue Plaza�Easement-4th Street Unite�Way-Final.doc 3 United Way of Kitsap County ,. :�a -� EXHIBIT "A" The east 23 feet of Lot 41 and the south 14 feet of the west 6 feet of Lot 40, Block 14, of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3 (SW '/a, SW '/a), Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington. 4 United Way of Kitsap County ------------�--------- --- --- -----�---------....-------- --------- ----._._.._-- -- -------......... .... . . _.. . . _.., . � � EXHI �IT B ' 4TH �T. _ . __ U N ITE D WAY -� 42 �3g ; . _ , . ._ . __- , _ �38 7 �36 ;. . . ��c5 �� -:. P� :., �O _�,�•G.. ,•�o� �� � 6� �P �- 14'� � I -- �- .. 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' � _ „ � �8 9 ' 7 , � o � � � . � 2 � ,3 � �; � ` �A EME T AR A �i � �' :� � � :; S� , � 4 ' LLEY PRE I � US Y V CATE �� 0�,4:-�� `- - I I i , ,. �ys r�w -� Department of Revenue Washi�gton State REAL ESTATE E�CCISE TA�C AFFIDAVIT I'his forni is your receipt PLEASF TYPE OR PRINT CHAPTER 82 4�RCW—CHAPTGR 458-61 A WAC when stampcd by cashier THIS AFFIDAVIT WILL NUT BF,,1CCEP7'ED I;NLESS AI.1.AREAS ON ALL P,�CES ARE FULLY C0�IPLETED (Sce back of last page for instrucuons) Chcck box if artial sale of ro crtv If multi le owners list ercentaec of ownershi next to name Name United Wav of Kitsap Countv �lame Ci of Bremerton ��¢ Mail�ng Address 645 4th St�2et,SUIt@ 100 �� �ta�li��Address 345 6th St�eet SUlte 600 �V CityiState;Zip Bremerton,WA 98337 x U City/State/Zip Phone\o(�ncluding arca code) Phone Vo(including arca code) - Send all ro tax corrcs ondence to i List all re�l and personal property tax parcel account p perly p ❑Same as Duyer.Grantee nwnbers-check box if personal property Lisi assessed value(sl Name 3718-014-040-0000 I�I $185.960 \1a�ling Address n CityiState2ip ❑ Phone\o(including area code) n � 5trcet address of property 621 4th Street,BremeAon,WA 98337 This property is locatcd m Ki�58p COuflty ❑Check box�f any of thc listed p�rccls are being segrega�ed From another parcel,are p�rt of a buundary line ad�ustment or parcels being merged Leyal descnption ok'property(iC mo�e space is needed,you may attach a separate sheet to each page of the aPfiAavit) See attached Exhibit"A" Select Land Use Code s List all personal property(tangible and intan�ible)included�n selling AS-W9nway artl siieet nghf ul e;.y PfICC enter any additional codes (Sec back of last page for mstrucuons) YF.� \O Was the seller rccerv�ng a pro�ty tar cxe�npeon or dcfemnl wid� ❑ ❑� cliaptas&}3G,&9 37,or E3�3 38 RCN'(nonprofit or�,an��hon,scmor cmzen,ur dis�bled person,hmneowner wi�i hmrted u�coma)'� If claiming an cxemphon,hst Vb'AC numbcr and reason for exempuon Y'ES NO Is�hispro{�tydai�ueciasfores�landperchaprerl3�t33RC�t'� ❑ ❑� WAC No (SecUon/SuUsecuon) Isdusprop�.Rtyclassiticda+curte�iti�se(openspaa,farm�uid � 0 Reason forexem uon a�culhual.or nmber)land per chaptcr&134'? P I�this pmperty rtceiving spmal valuauon as h�stoncal pmperty ❑ ❑� �er cliaptcr&1�G RCN'� . I�7f1yF1I7J\YC'fSBIt:�'ES,completeasinsini�tcidbelow TypeofDocumcnt Ingress/EpressEasement (1)�OTI(:EOFCONTINU,V�iCE(FORESI'L,\�DORCti�RRtiN'TUSE) Date of Documcnt 6/17/14 NLW OWhER(S)To continue the current designauon as forest land or classdicanon as current use(open space,fvm and aEmculhire,or hmbery land, Gross Sellmg Pnce S 5,000 00 you must sign un(3)bclow The coimry assessor mi�st then deicrtmne if tlie land transkRed continues to qualify und will md�cate by sigmng below If�he *Personal Properly(deduct) $ landnolongerquahfiesoryoudonotwishtoconhnuediedcsignanonor ExempuonClaimed(deduct) S class�ficauon,it will be removed a�id the compensatmg or addinonal ta�es wdl be due a�id payable by�he seller or transferor at the hme of sale(RCW Taxabl e Scll mg Pricc S 5,000 00 Rl 33 140 or RCW 84 71 108) Pnor to si6�ung(3)below,you mvy contact Excist Tax S�atc S 64.00 your la�l counry assessor fi>r more mfonnauon 0 GO50 Local $ 25.00 This land ❑does ❑does not quahTy forconunuance •pclmqucnt Interest State S �32 Local £ 048 DEPUTY ASSEtiSOR DA'Cr. *Dehnquent Penalty S ��80 (2)�O"I'ICEOFC011PLL4�(:E(FIISf'ORfCPROPERTI') Subtotal $ 10860 NEW OWNF.R(S) To contmue special valuauon as hisronc property, sign(3)below If the new owner(s)does not wish to contmue.all •State'I'echnology Fec $ 5 00 addmonal tas calculated pursuant to chap�er R4 2G RCW,shall be due and payable by tlie scller or�ransferor at tlie time of sale *,A fTdavit Processing I�ee � 0 00 (3) 01VYER(S)SIGNATURE Total Due S 113 60 PRINT NA��IE A MIti1�11I�1 OF$IO.OU IS DI:E IN FI:E(S)A�D/OR 1'A\ 'SE�INSTRUCTIONS I CERTIFY UM1DER PEN, TY OF � JI;Rti'TfI:�T THE FOREf.O1�G IS TRUE A�D CORRECT. Signahire of Signaturo of Grantor or Grantor's Agent Crantce or Crontee's Agent % tiame(print) David L.Foote,Executive Director Name(print) Patty Lent,Mavor I Da�c&ciry of siuunt� .Tl)� Dare&ciry of si6mmg � 5 %`' Perjury:Pepury is a class C fclony which is pumsliable by mipnsonment in the state correctional mshtution for a matimum tenn of not more than five yems,or by a fine m:ui amoimt fi�ed by the court of no�more than hve thousand dollars(35,000 00),or bv both unpnsonmcm and tine(RC W 9:120 02l(I xCU 2EVaa000i�(oirzl�i51 THIS SPACG-'I'RGASURIR'S USF.ONLY TAXPAYL"R �G ��- �"""__: , EXHIBIT "A" The east 23 feet of Lot 41 and the south 14 feet of the west 6 feet of Lot 40, Block 14, of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3 (SW 1/a, SW 1/a), Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington. United Way of Kitsap County