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HomeMy WebLinkAbout201907020183 AFTER RECORDING MAIL TO: City of Bremerton Attn: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 CITY OF BREMERTON 201907020183 Easement Rec Fee. $ 105.50 Page 1 of 5 07/02/2015 04.06 PM Paul Andrews, Kitsap Co Auditor TEMPORARY CONSTRUCTION EASEMENT Grantors: The Heirs and/or Devisees of Maureen M. Dawson, deceased Grantee: City of Bremerton Abbreviated Legal: Resultant Parcel C of BLA, AFN 9602060025, Ptn Gov Lot 5, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Tax Parcel No.: 172401-1-041-2007 City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project Project Parcel# 10 THIS INSTRUMENT is made this z rf day of 7ell , 20 11. , by and between the Heirs and/or Devisees of Maureen M. Daws6n, deceased, as their interest may appear, hereinafter called the "Grantor", and the City of Bremerton, a Washington municipal corporation, hereinafter called the "Grantee". WITNESSETH: 1) Grant of Easement. The Grantor, for and in consideration of the public good and other valuable consideration, does by these presents, convey and warrant unto the Grantee a temporary construction easement(the "Easement")for access over, through, across and upon the following described real estate (the "Easement Area") situated in the County of Kitsap County State of Washington, for the placement of personnel and equipment for construction of public street improvements with necessary appurtenances, including placement of public and private utilities, within the adjoining public right of way: PER EXHIBIT A AND AS DEPICTED IN EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE 2) Purpose of Easement. The Grantee, its contractors, agents, and permittees, shall have the right at such times as may be necessary, to enter upon the Easement Area, including entry into private improvements located in the Easement Area for the purpose of constructing, maintaining, repairing, altering or reconstructing said street improvements, or making any connections therewith, including utility connections. Page 1 of 3 EXCISE TAX EXEMPT JUL 0 2 2019 TEMPORARY CONSTRUCTION EASEMENT Grantee shall have the right to re-grade slopes and/or make cuts and fills to match street grade. Grantee's rights to use the Easement Area shall be exclusive at such times and for such duration as Grantee's construction requires. The rights herein granted shall include all incidental rights, including but not limited to, right of ingress and egress necessary to properly perform the work indicated for construction of the project. Grantee and those entitled to exercise the rights granted herein shall exercise all due diligence in their activities upon the property, and Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages and expenses on account of damage to property or injury to persons resulting from or arising out of the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns. 3) Grantor's Right to Use Easement Area. Except for those times when Grantee is making exclusive use of the Easement Area, the Grantor shall retain the right to use and enjoy the Easement Area, including the right to use existing private improvements located in the Easement Area so long as such use does not interfere with Grantee's construction of the public improvements described in this Easement. Except for periods of pavement or concrete curing, access to and from your property will be maintained throughout the project. 4) Term of Easement. The temporary rights herein granted shall terminate on December 31, 2021. This Easement may be extended by mutual written consent of the Grantor and Grantee. Grantor: The Heirs and/or Devisees of Maureen M. Dawson, deceased 4.s Sean Da on, Personal Representative Date: 29 IC, Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT Accepted by City of Bremerton: Approved as to form: By: By:.- .. Printed Nam . Cir► t%tat,.0 Printed Name: Mr►vI 'q Title: V\o. too f Title: City Attorney Date: 7 I 20 qDate: "-`t '- `i STATE OF WASHINGTON ) : ss County of /fir 54p ) On this z. 7 day of /1)a t 20 1 , before me personally appeared Sean Dawson, as Personal Repre6entative of the Heirs and/or Devisees of Maureen M. Dawson, deceased, to me known to be the individual described in and who executed the foregoing instrument, and acknowledge that he signed the same as his free and voluntary act and in the capacity and for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Notary Public ANTHONY 7 MACDONALD r‘t, State of Washington ,,�//` -y— r 4/Printame:/ Y�lt�/d ,J /� QG4/7l�/l� Notary Public in and for tlf State of MY COMMISSION EXPIRES Washington, residing at 7,b-e4 4 ��4`2021i' My commission expires ry/ y 2e2/ Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO.172401-1-041-2007 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 172401-1-041-2007 AND RESULTANT C OF BOUNDARY LINE ADJUSTMENT RECORDED IN AUDITOR'S FILE NO.9602060025 LOCATED IN GOVERNMENT LOT 5(SOUTHEAST QUARTER OF THE NORTHEAST QUARTER),SECTION 17, TOWNSHIP 24 NORTH,RANGE 1 EAST,W.M.,CITY OF BREMERTON,KITSAP COUNTY, WASHINGTON BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID RESULTANT PARCEL C;THENCE NORTH 88°56'39"WEST ALONG THE NORTH LINE OF SAID RESULTANT C A DISTANCE OF 3.34 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTH 25°11'29"EAST A DISTANCE OF 113.62 FEET TO A POINT ON THE SOUTH LINE OF SAID RESULTANT PARCEL C;THENCE NORTH 88°55'54"WEST ALONG THE SOUTH LINE OF SAID RESULTANT PARCEL C A DISTANCE OF 5.58 FEET;THENCE NORTH 25°11'29"WEST A DISTANCE OF 73.12 FEET;THENCE NORTH 89°32'04"WEST A DISTANCE OF 14.11 FEET;THENCE NORTH 52°16'27"WEST A DISTANCE OF 14.40 FEET;THENCE NORTH 03°31'31"WEST A DISTANCE OF 23.00 FEET;THENCE NORTH 85°13'55"EAST A DISTANCE OF 11.51 FEET;THENCE NORTH 25°11'29"WEST A DISTANCE OF 4.21 FEET TO A POINT ON THE NORTH LINE OF SAID RESULTANT PARCEL C;THENCE SOUTH 88°56'39"EAST ALONG SAID NORTH LINE A DISTANCE OF 5.57 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,112 SQUARE FEET,MORE OR LESS. 5/3/19 4 a, r •. • 11/it 41, 41964 4-5 Pfs Cis .♦ S ANAL LANA DATE: May 03,2019 FILE: DAWSON TCE X \ O 1 X \ / / /1 X I I'*� // / rn_ �I \ D / (�N 8 I X i o I \ G I X I I \ -I 7,6a I \ co* o X \ . 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' j 1. � t1q \ v 1 / / �GS ,,O// ' .�� 4 R < 2\ / OF0000ti4 4' R c F / o )/ / \ \ / 3 II // 1 %i /17 \ o 0 BREMERTON SCHOOL DISTRICT 100-C Administration Building 134 Marion Avenue No. Bremerton,Washington 98312 Resolution 2018/2019-26 Property Easements to the City of Bremerton WHEREAS, the City of Bremerton has proposed development of sidewalks near and/or adjacent to Kitsap Lake Elementary School; and WHEREAS,the proposed sidewalk development requires permanent and temporary easements over District property; and WHEREAS,the Bremerton School District Board of Directors has determined that the proposed project will enhance the safety of District students and community members, and as such, approval of the proposed easements is appropriate; NOW, THEREFORE,the Board of Directors of Bremerton School District adopts the following resolution: 1. The Board of Directors hereby approves the Permanent Slope, Sidewalk and Public Utility Easement attached hereto as Exhibit A and incorporated herein by reference, and authorizes the Superintendent to execute the same in substantially the form as shown in said Exhibit. 2. The Board of Directors hereby approves the Temporary Construction Easement attached hereto as Exhibit B and incorporated herein by reference, and authorizes the Superintendent to execute the same in substantially the form as shown in said Exhibit. 3. The Board of Directors hereby authorizes the Superintendent to take all other actions, including without limitation execution of minor modifications to the instruments authorized herein and execution of additional instruments consistent with and as necessary and appropriate to effectuate the purposes of the instruments authorized herein. Adopted by the Bremerton School District Board of Directors at their regular board meeting held this 16th day of May, 2019: r < 1.- - /V4-t---,/ (......_ 7./- --•(_.-, Alyson Ro ;,President, Board of Directors Jo bubos,Vice-President panktivi.4 Naomi Evans,Direct. • .i.;i t) arol erkins,Director avid Rubie,Directo ATTEST: +• Aaron Leavell, Secretary,Boar. of Directors