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HomeMy WebLinkAbout201907260025 AFTER RECORDING MAIL TO: City of Bremerton Attn: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 BREMERTON CITY OF 201907260025 Easement Rec Fee $ 105.50 Page I of 5 01126/2019 09:43 AM Paul Andrews, Kitsap Co Auditor TEMPORARY CONSTRUCTION EASEMENT Grantors:John David Hladon and Shelby Lynne Hladon Grantee: City of Bremerton Abbreviated Legal: Lot 1, City of Bremerton SP 96-0003, AFN 9608140107, Ptn Gov Lot 5, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Tax Parcel No.: 172401-1-113-2000 City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project Project Parcel # 9 THIS INSTRUMENT is made this L() day of -).-,(_ , 20 + by and between John David Hladon and Shelby Lynne Hladon, husband and wife, husband and wife, hereinafter called the "Grantors", and the City of Bremerton, a Washington municipal corporation, hereinafter called the "Grantee". WITNESSETH: 1) Grant of Easement. The Grantors,for and in consideration of the public good and other valuable consideration, do 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. EXEMMMP� JUL 6 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 Grantors 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 Grantors 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 Grantors and Grantee. Grantors: V 1114k (-)\ Ob. John David Hladon Shelby ynne Hladon Date' Aviv (1 Date: L7 t / Accepted By City of Bremerton: Approved as to form: By: Printed Name: Gre3 b3hee‘ec Printed Name: 1'1/4h0w►t\ A Title: N G\LOC Title: City Attorney (As '4) Date: —7 V Qy \20► 9 Date: r1- 11-16\ Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT Zl,(� STATE OF ) : ss County of ) On this day of _ 20 . , before me personally appeared John David Hladon and Shelby Lynne Hladon, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. • NOTARY PUBLIC C T a:,, DALTON JONES IX COMM.#700138 Printed Name: a.i-b�1 loo tS ' ., COMMISSION EXPIRE APRIL3o.2022 Notary Public in and for the State of STATE OF UTAH Washington, residing at r',l'C ‘,.._.; -1 My commission expires Obi— 'Y)"2,012. Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO.172401-1-113-2000 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 172401-1-113-2000 AND LOT 1 OF CITY OF BREMERTON SHORT PLAT NO.96-0003 RECORDED IN AUDITOR'S FILE NO.9608140107 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: BEGINNING AT SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 88°56'39"WEST ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 5.57 FEET;THENCE NORTH 25°11'29"WEST A DISTANCE OF 78.15 FEET;THENCE NORTH 64°48'31" EAST A DISTANCE OF 5.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1;THENCE SOUTH 25°11'29"EAST ALONG SAID EAST LINE A DISTANCE OF 80.62 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THAT MAY LIE WITHIN THE RIGHT OF WAY OF HARLOW DRIVE. CONTAINING 397 SQUARE FEET, MORE OR LESS. 05-07-19 11 • Ao 41964 SSS SHA siis „/ h of DATE: May 07,2019 FILE: HLADON TCE X \ 8 X I-x I 713 X P I sa y rL\ x\co I m / �� xI I >1 /' 1� xD / 1I -it ' � \I ca 1 x M X X Si3 D V / // I ? O z z c) m ° // / 1 I I Z) 0 -i ° z :-.1E;07 A c f m 4 d � I m -< Ag I! z z C 0 ill Wm n r. / y m0 12 \ Ez v I a TI z 4. �\ ��o /' gra aJ ' - mm 0 aq // r >> \ --34 /tA3D 4:4 L7tsjrn 04,cxs \ o m p o x Z * -- H� =s_m..\ r ma - Pz$8 c---- x c� � C W co �w z - m0 V H z-z5,- I g"� / 8O-1 r� \ o-mom." z n> O _.W 1/1 v P C Z rn = zN N ? -i rn § z z\" § �' 2 . 0 m �rn �`, k a° * Om \ �` / 0Z °A3 •" O -f,* 0° c a / O ti r at > I,1 /g J ` /rn /et C cp� A T/.. k 8,• \ / , Pi/ F \, \ // b l a I II \10 < 1 // / \ I/ / S\ 0