HomeMy WebLinkAbout3259 RESOLUTION NO. 3259
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving the granting of an easement for
development of property located at 1 st Street and Pacific Avenue
and authorizing the Mayor to execute the Easement Agreement
upon meeting certain conditions.
WHEREAS, the City is the owner of real property located at 1 st Street and Pacific
Avenue commonly known as the Pacific Avenue Plaza; and
WHEREAS, Chung Nguyen and Oanh Truong ("Grantee") are the owners of real
property located adjacent to Grantor°s property; and
WHEREAS, Grantee seeks, and the City agrees to grant, an easement, as provided
herein for 1) ingress and egress over, through, and across real property owned by Grantor, 2) for
air rights for awnings and limited balcony installation, and 3) for fire separation distance from
the City's property as described in the City's Building Code in connection with the construction,
operation, ownership and maintenance of a structure(s) on Grantee's real property; NOW
THEREFORE
THE CITY COLTNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby incorporated as if set forth
herein in full.
SECTION2. Gra�rti�rQ ofEasement. The Easement Agreement attached hereto
as Exhibit A is hereby approved, and the Mayor is authorized to finalize and execute the same
with substantially the same terms and conditions as presented upon Grantee meeting the
following conditions:
' 1) Filing of a substantially complete application with the City for a building permit for
the project, and
2) As consideration for the easement herein, the granting of an easement of the east nine
(9) feet of the previously vacated alley adjoining Grantee's property to private
utilities located within said easement area.
Upon completion of these 2 items by December 31, 2016, the easement will be granted to
Grantee by execution of the Easement Agreement set forth in Exhibit A. If these conditions are
not met by December 31, 2016, the easement will not be granted unless otherwise approved by
City Council.
SECTION 3. Severabilitv. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
1
lst& Paeific Projeet-Easement
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. �fective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this ��
day of , 2016.
� � .
ERIC YOLJN R, Council President
�_
APP S TO FORM: ST:
" ROGER A. LUBOVICH, ity Attorney SHANNON CORIN, City Clerk
R:\Legal\Legal�F'iles\Current Active Files\Pacific Avenue Plar�\1 st&Pacific ProjectU2esolution-Easement Agrcement.doc
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Ist& Paciftc Project-Easement
EXHIBIT A
AFTER RECORDING RETURN TO:
City Clerk
City of Bremerton
345 6`h Street, Suite 600
Bremerton, WA 98337
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Easement Agreement
Reference Number(s)of Documents assigned or released: N/A
Grantor(s�: 1. The City of Bremerton
� Additional names on page of document.
Grantee(s): 1. Chung Nguyen and Oanh Truong,husband and wife
nAdditional names on page of document.
Legal Description: LTS 1,2,&3, BLK 9,GOVT LT 3,SECT 13,T 24 N, R 1 E AND GOVT LT 1,SECT 24,
(abbreviated) T 24 N,R 1 E,except N 6 FT OF LT 3
� Additional legal is on page 5,6,7 of document.
Assessor's Property Tax ParcellAccount Number: 3718-009-001-0106
Project Name:
EASEMENT AGREEMENT
THIS INSTRUMENT made this day of 2016, by and between
the C�TY OF BREMERTON, a Washington municipal corporation ("Grantor") and Chung
Nguyen and Oanh Truong, husband and wife, ("Grantee").
i RECITALS
WHEREAS, Grantor is the owner of real property situated in Kitsap County,
Washington, and
WHEREAS, Grantee is the owner of real property located adjacent to Grantor's
property, situated in Kitsap County, Washington, and
EASEMENT AGREEMENT-Page 1 of 7
WHEREAS, Grantee seeks, and Grantor agrees to grant, an easement for ingress and
egress over, through, and across real property owned by Grantor, for air rights for awnings and
limited balcony installation, and for fire separation distance as described in the City's Building
Code from Grantor's property in connection with the construction, operation, ownership and
maintenance of a structure(s) on Grantees real property.
EASEMENT
Grant of Easement. Grantor, for and in consideration of mutual benefits derived and/or
other valuable consideration receipt of which is hereby acknowledged by Grantor, does grant and
convey to Grantee, its successors and/or assigns, a non-exclusive easement upon Grantor's real
property which is more particularly described in the legal description attached as Exhibit A. The
easement is granted for the benefit of Grantee's property which is more particularly described in
the legal description attached as Exhibit B. The easement is more fully described in the legal
description attached as Exhibit C. All said exhibits are hereby incorporated herein by this
reference.
Purpose. The easement("Easement Area'') is granted for the purpose of:
1) Ingress and egress over, through, across and upon Grantor's property to access
Grantee's property;
2) Air rights for installation and maintenance of awnings not to exceed forty-eight(48)
inches into the Easement Area from Grantee's structure;
. 3) Air rights for installation and maintenance of balconies not to exceed eighteen (18)
inches into the Easement Area from Grantee's structure; and
4) Fire separation distance from Grantor's property as described in the City's Building
Code in connection with the construction, operation, ownership and maintenance of a structure(s)
on Grantees real property.
Grantee's Use of Easement Area. Grantee shall not construct or maintain any
, buildings, structures or other objects on the Easement Area without Grantor's prior written
consent. Grantee shall at all times exercise its rights under this easement in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any public authority
having jurisdiction.
Grantor's iJse of Easement Area. Grantor reserves the right to use the Easement Area
for any purpose not inconsistent with the rights herein granted.
Indemnity. Grantee agrees to indemnify, defend and hold Grantor harmless from and
against liability incuned by Grantor as a result of the negligence of Grantee, its servants, agents,
employees and contractors in the exercise of the rights herein granted to Grantee in this
easement, but nothing herein shall require Grantee to indemnify Grantor for that portion of any
such liability attributable to the negligence of Grantor or the negligence of others.
Abandonment. The rights herein are granted until such time as Grantee either fails to
use or ceases use of the Easement Area for its granted purpose for a period of one year, in which
EASEMENT AGREEMENT-Page 2 of 7
event, this Easement shall automatically terminate and all rights and interests hereunder, and any
improvements remaining in the Easement Area, shall revert to or otherwise become the property
of Grantor._
Successors and Assigns. The terms and conditions of this Agreement shall be binding
on the Grantor's and Grantee's successors, heirs, and assigns.
DATED this day of , 2016.
GRANTOR: CITY OF BREMERTON
By: Patty Lent, Mayor
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this day of , 2016, before me a Notary Public in and
for the State of Washington, personally appeared PATTY LENT, to me known to be the Mayor of
City of Bremerton, a Washington municipal corporation that executed the foregoing instrument,
and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes
mentioned in this instrument,and on oath stated that he was authorized to execute said instrument.
-;Volari-Seal.M1lu.ct.4ppeur lV�rhin This Box-
[N WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC,in and for the State of Washington
residing at
My appointment expires
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
EASEMENT AGREEMENT-Page 3 of 7
ACCEPTED BY GRANTEE:
GRANTEE: GRANTEE:
By: Chung Nguyen, Owner By: Oanh Truong, Owner
STATE OF WASHINGTON )
)ss.
COUNTY OF KITSAP )
On this day of ,2016,before me a Notary Public in and for the State of
Washington,personally appeared CHiJNG NGUYEN to me known to be the individual(s)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 he/she/they were authorized to execute said insh-ument.
-;Vamn'Seal A1uslAppear If'uh�n Thts Bos-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
NOTARY PUBLIC,in and for the State of Washington
residing at
My appointment expires
STATE OF WASHINGTON )
' )ss.
COUNTY OF KITSAP ) �
On this day of ,2016,before me a Notary Public in and for the State of
Washington,personally appeared OANH TRUONG to me known to be the individual(s)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 he/she/they were authorized to execute said instrument.
-;�'orurti-Seal:'�/usl,4ppear If ilhin This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
NOTARY PUBLIC,in and for the State of Washington
residing at
My appointment expires
R\LegalU.egal�F�les\Currcnt Ac�rvc F�les\Pac�fic Avenue Plaza\Ist R Pacific Pro�ect\tasement Ageemen�-Crty�o Ryan-F'mall.doc
EASEMENT AGREEMENT-Page 4 of 7
EXHIBIT A
RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S
FILE NO. 201007080036, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: THE WESTERLY 61 FEET OF LOTS 1, 2, AND 3, 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., AND GOVERNMENT LOT 1, SECTION 24,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT
THE NORTHERLY 6 FEET OF LOT 3; AND EXCEPT THAT PORTION CONVEYED TO THE
STATE OF WASHINGTON FOR SR 304 UNDER AUDITOR'S FILE NO. 200704110174, RECORDS
OF KITSAP COUNTY,WASHINGTON.
EASEMENT AGREEMEN�I'-Page 5 of 7
EXHIBIT B
RESULTANT PARCEL 3 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S
FILE NO. 201007080036, RECORDS OF KITSAP COLTNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: LOTS 1, 2, AND 3, BLOCK 9, OF THE PLAT OF THE TOWN OF BREIv�RTON, AS
RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY,
WASHINGTON, SITUATE 1N GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., AND GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., ALL SITUATE IN KITSAP COUNTY, WASHINGTON; TOGETHER WITH
THE VACATED 14 FOOT WIDE ALLEY LYING TO THE EAST OF SAID LOTS; EXCEPT THE
NORTHERLY 6 FEET OF LOT 3; AND EXCEPT THE WESTERLY 61 FEET OF SAID LOTS 1, 2,
AND 3; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR SR
304 UNDER AUDTI'OR'S FILE NO. 200704110174, RECORDS OF KITSAP COUNTY,
WASHtNGTON.
EASEMENT AGREEMENT-Page 6 of 7
EXHIBIT C
EAST 10 FEET OF PARCEL DESCRIBED AS FOLLOWS: RESULTANT PARCEL 2 OF
BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDTTOR'S FILE NO. 201007080036,
RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE WESTERLY
61 FEET OF LOTS 1, 2, AND 3, 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., AND GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTHERLY 6
FEET OF LOT 3;AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
FOR SR 304 UNDER AUDITOR'S FILE NO. 200704 1 1 0 1 74, RECORDS OF KITSAP COUNTY,
WASHINGTON.
EASEMENT AGREEMENT-Page 7 of 7