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HomeMy WebLinkAbout201802150193After Recording Return To: William T. Lynn Gordon Thomas Honeywell LLP PO Box 1157 Tacoma, WA 98401 CITY OF BREMERTON 201802150193 Easement Rec Fee: $ 79.00 02/15/2018 04:23 PM Page: 1 of 6 Dolores Gilmore, Kitsap Co Auditor Document Title(s) (or transactions contained therein): 1. Driveway Easement and Maintenance Agreement 2. Grantor(s) Name (last, first, and initials): 1. Bremrock LLC 2. ❑ Additional Names on Pae of Document Grantee(s) Name (last, first, and initials): 1. City of Bremerton 2. ❑ Additional Names on Pae of Document Legal Description (Abbreviated i.e. lot/block and plat or section, township and range): West half of SE quarter of NE quarter of NE quarter, except the North 110 feet of East 40 feet, Section 20, Township 24 North, Range 1 East, W.M. ISI Legal Description is on page 2 of Document. Reference Number(s) of Documents Assigned or Released: 1. None 2. ❑ Additional Reference Numbers on Page of Document Assessor's Tax Parcel / Account Number(s): 202401-1-011-2008 4816-0243-2848 DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT This Easement is made thisZy`3ay of , 2018 between BREMROCK LLC ("Bremrock") and CITY OF BREMERTON, a Municipal cor oration ("City"). BACKGROUND A. Bremrock is the fee simple owner of the real property legally described as follows: APN: 202401-1-011-2008 The West half of the Southeast quarter of the Northeast quarter of the Northeast quarter, except the North 110 feet of the East 40 feet conveyed to the City of Bremerton. Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington. (the "Bremrock Property") B. City of Bremerton is the fee simple owner of the real property legally described as follows: APN: 202401-1-012-2007 The North 110 feet of the East 40 feet of the West half of the Southeast quarter of the Northeast quarter of the Northeast quarter, Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington. (the "City Property") C. The parties desire to create an access easement over the Bremrock Property for the benefit of the City. EASEMENT 1. Grant of Initial Easement. Bremrock hereby grants and conveys to the City, a non-exclusive, perpetual easement for ingress and egress, initially over and across a portion of the Bremrock Property as more particularly described on Exhibit "A-1" and depicted on Exhibit "A-2" (the "Initial Easement Property"). The easement location may be modified from time to time by Bremrock under the provisions of paragraph 3 below. 2. Purpose of Easement. The exclusive purpose of this easement is to allow for ingress and egress, to and from the City Property so that the City can inspect, monitor and maintain its utility facilities on that property. The City may also use the area immediately adjacent to the Initial Easement Property, to the extent that property is open, for turnaround purposes only. The City may not use the easement for access to additional property or for other purposes. 3. Relocation. The Bremrock Property is the site of an active surface mine and concrete batch plant, shop and associated improvements and uses. By their nature, the activities, uses and improvements on such sites are subject to modification over time as materials are depleted, market conditions vary and other factors change. Bremrock reserves the right from time to time to relocate the easement so as not to interfere with its activities and so that the easement location and use are consistent with any modifications that Bremrock may make to the Site. In any event, the relocated easement shall be at least 25 feet in width and shall be in such condition that it can be traversed by vehicles used to maintain the City facilities on the City Property. The City agrees to cooperate with any relocation and to sign such documents as may be reasonable necessary to make any modification a matter of public record. However, Bremrock - 2 - [4816-0243-2848] EXCISE TAX EXEMPT FEB 1 5 2018 reserves the right on its own signature to file for record an amendment modifying the location of the easement consistent with this provision. 4. Maintenance of Easement Property. So long as the easement is in the Initial Easement Property location described above and jointly used by Bremrock and the City, Bremrock will be responsible to maintain the Initial Easement Property in a manner sufficient for its use to serve both properties. If the easement is relocated so that the roadway surface is not jointly used by Bremrock, the City shall be thereafter fully responsible for maintenance. 5. Restoration of Easement and Surrounding Property. If, in exercising any right to use the Easement Property, the underlying real property or other real or personal property in the vicinity is disturbed or damaged, the party responsible for the damage or disruption shall, at that party's sole cost and expense, restore the same to its previous condition. 6. Interference or Obstruction. The City's use shall not obstruct, restrict or limit the use of the Initial Easement Property or any relocated easement by Bremrock. Because of the ongoing Bremrock activities, the City shall give 24 hours' notice of its intention to utilize the easement unless an emergency precludes such notice in which case shorter notice shall be provided based on the nature of emergency. In using the Initial Easement Property, the City shall abide by safety regulations established by Bremrock and other limitations consistent with standard practices in the industry. The regulations will not unreasonably limit the City's use of the easement for its intended purpose. 7. Indemnification. The owners of both properties shall indemnify and hold each other harmless from any and all liability, loss, damage or claim (including but not limited to costs and attorney's fees) asserted or arising out of or in connection with that party's activities relating to the easement. 8. Successors and Assigns. This easement shall run with the affected properties and shall be binding on and inure to the benefit of the parties, their heirs, successors, and assigns, but shall not benefit any other parcel of real property. 9. Attorney Fees and Venue. In the event a dispute arises as to the interpretation or construction of this agreement, the prevailing party shall be entitled to recovery of their reasonable attorney fees and costs. Venue shall be Kitsap County, Washington. 10. Modification or Termination of Easement. This Agreement may only be modified or terminated upon the execution of a writing signed by both parties, or their respective successors and assigns. GRANTOR: BREMROCK LLC WWRAP.- GRANTEE: CITY OF BREMERTON, a Municipal corporation Date: / —_V n — Zc-,/ S! Date: By: Gr& -k r Its: M 0-Y 0 C. i/14%/20t$ - 3 - [4816-0243-2848] STATE OF WASHINGTON J ) ss. County of X Ll'-.Lla ) I certify that I know or have satisfactory evidence that .i is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the / ) 2.' i - -) heti- of BREMROCK LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. GIVEN under my han�yq�11 seal this 3U day of /;laG ' ' , 2018. .� K PETF 11,� 01 AR.,�ZVie% S s .. • Z Typed/Printed N me: 0 Notary Public in and for the State of Washington, ij ay s,� T 1 C7 Residing at: My appointment expires: i� / i '7 OF\W STATE OF WASHINGTON ) ss. County of I certify that I know or have satisfactory evidence that elr��) \N i lccl C Y is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Meir of the CITY OF BREMERTON, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal this (;--�', d y of 2018. .4 pAL F0 s•.•••44 0 '+ .• '• Typed/Printed Name: FU iY �� V �AqV PU" � Notary Public in and for the State of Washington, ` S • Residing at: RY �.� Yl� V �l�Y 1 • !Y 6. 2020= My appointment expires: OFWO/ - 4 - [4816-0243-28481 c r . 4 ak � .'f I^''�F ::.. "3r" -,:.ti's .+Raa:,:� * ''i•,! ,Y + r , i��+ < s , ��* e:a . ,;g,> � �' Exhibit "A-1" Legal Description of Easement Property Ingress and Egress Easement An easement over a strip of land 25.00 feet in width and being 12.50 feet on each side of the following described centerline: That portion of the West half of the Southeast quarter of the Northeast quarter of Section 20, Township 24 North, Range 1 East W.M. Kitsap County Washington, as shown on that certain survey recorded under Auditor's File Number 9604300100 and filed in Book 45, pages 21 and 22 of surveys, records of Kitsap County, Washington and more particularly described as follows: Beginning at a point on the centerline of that certain easement as described in "Parcel V" of Statutory Warranty Deed recorded under Auditor's File Number 9510120156 and which bears S 1' 55'15" W, along the East line of said Section 20, a distance of 1332.83 feet and N 88° 35'28" W, along the South line of the said Southeast quarter of the Northeast quarter, 500.76 feet; thence, leaving the South line of the West half of the Southeast quarter of the Northeast quarter of said Section 20, run Northeasterly along said centerline on the following courses; N 2° 11'40" E 92.13 feet, N 9° 32'01" E 57.60 feet, N 16° 58'38" E 163.81 feet, N 3° 24'03" E 110.74 feet, N 6° 25'46" E 165.08 feet, N 44° 09'10" E 60.87 feet more or less to a point 25.00 feet West of at right angle to the West line of that certain tract of land described in a Quit Claim Deed recorded under Auditor's File Number 974998; thence, continue along the centerline of a 37.00 foot wide easement and being 18.50 feet on each side thereof, S 88° 37'40" E , parallel with the North line of said tract per Auditor's File Number 974998, a distance of 25.00 feet more or less to the West line thereof and which bears S 1° 53'28" W 39.37 feet from the Northwest corner of said tract. The sidelines of said easement shall be lengthened and or foreshortened such as to intersect and also to intersect with the South line of the said West half of the Southeast quarter of the Northeast quarter on the South and the West line of said tract of land described in a Quit Claim Deed recorded under Auditor's File Number 974998 on the North. Bearing are based upon a bearing of N 1' 55'15" E between the East one-quarter corner and the Northeast corner of Section 20, Township 24 North, Range 1 East W.M. as shown on that certain survey recorded under Auditor's File Number 9604300100 and filed in Book 45, pages 21 and 22 of surveys, records of Kitsap County, Washington Situate in the County of Kitsap, State of Washington. - 5 - [4816-0243-2848] 4t EXHIBIT A-2 ACCESS EASEMENT