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HomeMy WebLinkAbout201908130209 AFTER RECORDING MAIL TO: City of Bremerton Attn: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 CITY OF BREMERTON 201908130209 Easement Rec Fee $ 107.50 08/13/2019 03 56 PM Page 1 of 5 Paul. Andrews; Kitsap Co Auditor TEMPORARY CONSTRUCTION EASEMENT Grantors: Beth Henkelman and Corey Henkelman Grantee: City of Bremerton Abbreviated Legal: Ptn Gov Lot 6, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Tax Parcel No.: 172401-1-064-2009 City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project Project Parcel#4 THIS INSTRUMENT is made this 2�' day of .) l , 20 /c/ , by and between Beth Henkelman and Corey Henkelman, a mart)-ed couple, 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 AUG 1 3 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: trio ( 17:"4-2:g Be Hen -Iman Corey Henkelman Date: 7 20 - IJ Date: 7 L +` - t ,f, Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT Accepted By City of Bremerton: Approved as to form: By: By: Printed Name: Gt r Wpf Printed Name: ry vbae 1 Aja Title: j'[zeAd.-6-r Title: City Attorney ( AssiNkw. ) Date: 81 " 1 2.0141 Date: 8-1-Vt STATE OF WASHINGTON ) : ss County of \--- j( On this i(J day of 20 , before me personally appeared Beth Henkelman and Corey Henkelman, to me known to be the individuals 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. tzi&) R,o1„ % , 201053 �1' <th Printed Name: 1' 1 --a r f NOTARY ti % Notary Public in and for the Stat of f d _ /J ` s ; Washington, residing at f u �,{�(((�/ ` °�n� pUBL\Gati Z S ,,�9>' �EXPIRES��o '`O:� My commission expires O7Oc , 3� Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO.172401-1-064-2009 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 172401-1-064-2009 AND RESULTANT PARCEL B BOUNDARY LINE ADJUSTMENT RECORDING NUMBER 9101030177 LOCATED IN GOVERNMENT LOT 6(NORTHEAST 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 THE NORTHEAST CORNER OF SAID SECTION 17(ALSO THE NORTHEAST CORNER SAID GOVERNMENT LOT 6),THENCE SOUTH 66°23'59"WEST A DISTANCE OF 1466.25 FEET TO A POINT ON THE WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY;THENCE SOUTH 58°46'09"EAST ALONG SAID WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY A DISTANCE OF 248.13 FEET;THENCE SOUTH 51°59'03"EAST CONTINUING ALONG SAID WESTERLY LINE A DISTANCE OF 35.05 FEET TO THE NORTH CORNER OF SAID RESULTANT PARCEL B;THENCE SOUTH 46°36'34"WEST ALONG THE NORTH LINE OF SAID RESULTANT PARCEL B A DISTANCE OF 14.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 5T58'59"EAST A DISTANCE OF 90.44 FEET TO A POINT ON THE SOUTH LINE OF SAID RESULTANT PARCEL B;THENCE SOUTH 44°48'15"WEST ALONG SAID SOUTH LINE OF SAID RESULTANT PARCEL B A DISTANCE OF 16.02 FEET;THENCE NORTH 55°59'16"WEST A DISTANCE OF 20.16 FEET;THENCE NORTH 34°36'56"EAST A DISTANCE OF 9.93 FEET;THENCE NORTH 57°58'59"WEST A DISTANCE OF 32.61 FEET;THENCE SOUTH 40°25'50"WEST A DISTANCE OF 31.04 FEET;THENCE NORTH 48°46'53"WEST A DISTANCE OF 28.86 FEET;THENCE NORTH 31°24'44"EAST A DISTANCE OF 26.09 FEET;THENCE NORTH 57°58'59"WEST A DISTANCE OF 2.58 FEET TO A POINT ON SAID NORTH LINE RESULTANT PARCEL B;THENCE NORTH 46°36'34"EAST ALONG SAID NORTH LINE A DISTANCE OF 5.17 FEET TO THE TRUE POINT OF BEGINNING. 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