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Home My WebLink About201410310213 � � � AFTER RECORDING RETURN TO: City Clerk City of Bremerton 345 6`h Street, Suite 600 Bremerton, WA 98337 `=— --- ---- --- - — — ` FIDELITY NTL OF KITSRP COUNTY 201604130128 � Rmended Easment Rec Fee• $ 79 �� , , 04113l2016 02•3� PM Pa9e: 1 of 7 Dolores Gilmore, Kitsap Co Ruditor �. I II�IIII IIIIII III II�I III III IIIII IIII IIII IIIII IIIII III III III I III IIII IIII ��I i�� Grantor: City of Bremerton Grantee: 606 Lorax, LLC Abbreviated Legal Description: Portion of Government Lot 3, (SW '/a, SW '/a) Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington Additional Legal Description on Exhibits A,B,and C Assessor's Tax Parcel ID No. 3718-014-007-0001, 3718-014-009-0009, 3718-014-010-0006, 3718-014-014-0002 a�� toai� AMENDMENT TO AIR RIGHTS EASEMENT AGREEMENT THIS INSTRUMENT madc this 6th day of April, 2016, by and between the CITY OF BItEMERTON, a Washington municipal corporation ("Grantor") and 606 I.OItAX, LLC, ("Grantee"). RECITALS WHEREAS, Grantor is the owner of real property located in the City of Bremerton, and more particularly described in the legal description attached as Exhibit A; and WHEREAS, Grantee is the owner of real property located adjacent to Grantor's property, more particularly described in the legal description attached as Exhibit B; and 1 ��xco�E��c�c�� R 1 � 2016 ,.., ;� WHEREAS, Grantor and Grantee entered into an Air Rights Easement Agreement recorded under number 201410310213 ("Easement") for Grantees use of certain air space above the real property described in Exhibit A above in connection with the construction, operation, ownership and maintenance of an apartment project located on the real property described in Exhibit B above. The air space boundaries are more fully described in Exhibit C of the Easement; and WHEREAS, Grantor and Grantee now desire to amend a portion of the legal description set forth in Exhibat C of the Easement; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: REVISED AIR RIGHTS EASEMENT l. The Easement recorded under number 201410310213 is hereby amended by revising "ADDITIONAL AIlZ SPACE AREA#2 (over hang at parking stall)" of the legal description set forth in Exhibit C of the Easement to read as set forth in�xhibit C of this Amendment to Air Rights Easement Agreement. 2. All other terms, conditions and legal descriptions of the Easement shall remain in fiill force and effect. DATED this �O �day of �Ie-f� , 2016. GItANTOR: CITY OF BREMERTON By: Patty , Mayor (Notaty Acknowledgment on Next Page) 2 STATE OF WASHINGTON ) )ss. COUNTY OF KITSAP ) On this ��h 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 thatShe was authorized to execute said instrument. -Notary Seal MustAppear Within This Box- IN WITNESS WHEREOF, [ have hereunto set my hand a offlcial seal the day and year first above written. �/�Vl.,�' . ' V�� M(1� � ; l l/V 1�,d1/1 �PV•�SIN� NOTARY PUBLIC,in and for the tate of Wasl�ington ��;• �.�lj residingat � ►^P.vv� U� ��/�1 . • �� -�/�y o My appointment expires n�-I`�-=L � � s • G ° : PUBL� : �fj,'•?'18;�� q�oFw��' APPROVED AS TO FORM: ROGER A. LUBO ICH City Attorney � ACCEPTED this � day of � �� , 2016 by GRANTEE: 600 LO , LC sy: � �J sAN�s Its: M' -' R:�Legal\Legal�Fdes\Curten[Acuve Files\Park Avenue Plua\L.oraxWmendment to Air Rights Easement Agreement 1-616-Final doc 3 EXHIBIT A CITY PROPERTY LOTS 1, 2, 3, 4, 48, 49, 50, AND THE WEST 6 FEET OF LOT 47, BLOCK 14 AND THE EAST10 FEET OF PARK AVENUE (FORMERLY DOCK STREET) 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, SECTION 13, SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, KITSAP COUNTY, WASHINGTON; TOGETHER WITH LOTS 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, AND 15 OF SAID BLOCK 14 OF THE TOWN OF BREMERTON; TOGETHER WITH THE SOUTHERLY 4 FEET OF THE ALLEY LAYING ADJACENT AND ABUTTING LOTS 5 THROUGH 15, INCLUSIVE, OF SAID BLOCK 14 OF THE TOWN OF BREMERTON; EXCEPT THAT PORTION OF THE ABOVE FOR RIGHT OF WAY UNDER AUDITOR FILE NO. 200609010279 AND 200608300282, RECORDS OF KITSAP COUNTY, WASHINGTON. 4 EXHIBIT B GRANTEE'S PROPERTY AIR SPACE LEGAL DESCRIPTION FOR EXISTING APARTMENT PAD ABOVE P-5 LEVEL (Approximate elevation of existing pad at 49.0 to 50.0' NAD 88) THE AIR SPACE LYING WITHIN THE BOUNDARIES OF THE FOLLOWING DESCRIBED PROPERTY ABOVE THE P-4 LEVEL AT 49.0 FEET TO 50.0 FEET NAVD 88; THAT PORTION OF BLOCK 14 AND THE EAST HALF OF VACATED PARK AVENUE (FORMERLY DOCK STREET)OF THE PLAT OF THE TOWN OF BREMERTON, 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,WILLAMETTE MERIDIAN, IN KITSAP COUNTY, WASHIIVGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT MONUMENT IN CASE AT THE INTERSECTION OF PARK AVENUE AND BURWELL STREET;THENCE NORTH 1°37;00"EAST 280.11 FEET TO AN EXISTING MONUMENT IN CASE AT THE INTERSECTION OF PARK AVENUE AND 4T"STREET;THENCE ALONG THE CENTERLINE OF 4T" STREET SOUTH 88°24'41"EAST 122.11 FEET;THENCE LEAVING SAID CENTERLINE SOUTH 1°40'09"WEST 30.9 FEET TO THE OUTSIDE EDGE OF AN EXISTING CONCRETE WALL;THENCE LEAVING SAID OUTSIDE EDGE SOUTH 1°35'04" WEST 25.38 FEET; THENCE SOUTH 88°24'S6"EAST 8.46 FEET;THENCE SOUTH 1°35'04" WEST 7.04 FEET;THENCE SOUTH 88°24'S6"EAST 9.29 FEET;THENCE SOUTH 1°35'04"WEST 0.83 FEET;THENCE NORTH 88°24'S6"WEST 0.42 FEET;THENCE SOUTH 1°35'04"WEST 79.25 FEET TO A POINT BEING 3.5 FEET NORTH OF THE SOUTH LIIVE OF THE VACATED ALLEY 1N SAID BLOCK 14;THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 88°25'S6"EAST 108.92 FEET TO ITS INTERSECTION WITH THE THEORETICAL GRID LINE L AS SHOWN ON THE CONTRACT PLAN SET FOR THE CITY OF BREMERTON PARK AVENUE PLAZA DATED AUGUST 16,2010 BEING THE TRUE POINT OF BEGINNING;THENCE SOUTH 88°24'S6"EAST 191.17 FEET;THENCE SOUTH 1°35'04"WEST 6.17 FEET;THENCE SOUTH 88°24'S6"EAST 38.17 FEET;THENCE SOUTH 1°35'04"WEST 54.17 FEET; THENCE NORTH 88°24'S6"WEST 70.83 FEET AND ALSO KNOWN AS POINT"A";THENCE NORTH 1°35'04"EAST 2.17 FEET; THENCE NORTH 88°24'S6"WEST 102.67 FEET;THENCE SOUTH 1°35'04"WEST 2.17 FEET; THENCE NORTH 88°24'S6"WEST 55.83 FEET;THENCE NORTH 1°35'04"EAST 60.33 F`EET TO THE TRUE POINT OF BEGINNING. 5 . p . EXHIBIT C REVISED ADDITIONAL AIR SPACE#2 DESCRIPTION A PORTION OF BLOCK 14 AND THE EAST HALF OF THE VACATED PORTION OF PARK AVENUE(FORMERLY DOCK STREET)OF THE PLAT OF THE TOWN OF BREMERTON,AS RECORDED iN VOLUME 2,Of'PLATS PAGE 030,RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE 1N GOVERNMENT LOT 3, SECTION 13,TOWNSHIP 24 NORTH, RANGE I EAST, WTLLAMETTE MERIDIAN,KITSAP COUNTY,WASHINGTON MORE PART[CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT MONUMENT IN CASE AT THE INTERSECTION OF PARK AVENUE AND BURWELL STREET,THENCE NORTH I°37'00"EAST 280.11 FEET TO AN EXiSTING MONUMENT IN CASE AT THE 1NTERSECTION OF PARK AVENUE AND 4TH STREET;THENCE ALONG THE CENTERLINE OF SAID 4TH STREET, SOUTH 88°24'41"EAST 122.11 FEET;THENCE,LEAVING SAID CENTERLINE,SOUTH I°40'09" WEST 30.9 FEET TO THE OUTSIDE EDGE OF AND EXISTING CONCRETE WALL;THENCE,LEAVING SAID OUTSIDE EDGE, SOUTH 1°35'04" WEST 25.38 FEET;THENCE SOUTH 88°24'S6"EAST 8.46 FEET;THENCE SOUTH 1°35'04"WEST 7.04 FEET;THENCE SOUTH 88°24'S6" EAST 9.29 FEET;THENCE SOUTH 1°35'04"WEST 0.83 FEET;THENCE NORTH 88°24'S6" WEST 0.42 FEET;THENCE SOUTH 1°35'04"WEST 79.25 FEET TO A PO1NT BEING 3.5 FEET NORTH OF THE SOUTH LINE OF THE VACATED ALLEY IN SAID BLOCK 14;THENCE,PARALLEL WITH SAID SOUTH LINE,SOUTH 88°24'S6" EAST 108.92 FEET TO ITS tNTERSECTION WiTH THE THEORETICAL GRID LINE L AS SHOWN ON THE CONTRACT PLAN SET FOR CITY OF BREMERTON PARK AVENUE PLAZA DATED AUGUST 16,2010;THENCE SOUTH 88°24'S6"EAST 191.17 FEET;THENCE SOUTH i°35'04"WEST 6.17 FEET; THENCE SOUTH 88°24'S6" EAST 22.75 FEET BEING THE TRUE POINT OF BEGINNING, (ELEVATION 49.00);THENCE NORTH 1°35'04"EAST 2.00 FEET;THENCE SOUTH 88°24'S6" EAST 12.50 FEET;THENCE SOUTH 1°35'04"WEST 2.00 FEET;THENCE NORTH 88°24'S6"WEST 12.50 FEET TO THE TRUE POINT OF BEGINNING. C. D.� .��J o� wasy� A � � �� , �'� 41D78 � t� Rg�lsTEgF'��q'J AL LANO 5 . �-ZB-t� JAMES C DEMPSEY, P.L.S. WASHINGTON STATE REGISTRATION N0.41078 NLO PROJECT518562 Lorax•606 Bunvell ALTAILegalslRehsed AD�TL Au Space No-2 32516 doc 6 _ "_ — — ---- — — --�._ ADDITIONAL AIR SPACE AREA #1 PER AFN 201410310213 ALLEY , — — — I � � - -- - , SCALE: � _ � �' ADDITIOPER AIFNS2014103 02�3 NORTHEAST CORNER OF AIR --- SPACE DESCRIPTION FOR I BUILDING AT 606 BURWELL REVISED ADDITIONAL AIR SPACE AREA #2 S 88'24'S6" E 12.50' N 01'35'04" E (� � —" � � S 01°35'04" W - 2.00' AS—BUILT DECK 2.00' _ � � _ _ TRUE POINT N 88'24'S6" W 12.50' � OF BEGINNING EAST LINE OF ADDITIONAL :.___. AIR SPACE AREA #2 PER AFN 201410310213 NORTHEAST CORNER OF AIR �oF as;y,.... SPACE DESCRIPTION FOR :R a..,� BUILDING AT 606 BURWELL �:�� D ETAI L o,�.... � �° � 41078 �.� SCALE: 1"=5' f��'�!'.�''�� AL LAT�9 S .s�' � `�N.L Olson & Associates, Inc. REVISED ADDITIONAL Engineering,Planning and Surveying AIR SPACE #2 EXHIBIT (360)895-2350 or(360)876-2284 606 BUCWeII 2453 Bethei Avenue,P.O.Box 637,Port Orchard,WA 98366 Portion of Govemment Lot 3 in the Southwest Quarter Section 13,Township 24 North,Range 1 East,W.M. NL.O#8562 in Kitsap County,Washington