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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 2 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