HomeMy WebLinkAbout201909180318 AFTER RECORDING MAIL TO:
City of Bremerton
Attn: City Clerk
345 6th Street, Suite 100
Bremerton, WA 98337
BREMERTON CITY OF 201909180.318
EC;7,MPflt Roc Foe $ 1n, ....
(-1� 56 Fit
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TEMPORARY CONSTRUCTION EASEMENT
Grantors: Derek Alan Johnson
Grantee: City of Bremerton
Abbreviated Legal: Ptn Lot 1, Hayward's Montlake Addn, Kitsap County, WA
Tax Parcel No.: 4548-000-001-0000
City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project
Project Parcel#6
THIS INSTRUMENT is made this 2-7 day of /9y , 20 /9,
by and between Derek Alan Johnson, as his separate estate, 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.
Grantee shall have the right to re-grade slopes and/or make cuts and fills to match street
Page 1 of 3
EXCISE TAX EXEMPT SEP 1 8 2019
TEMPORARY CONSTRUCTION EASEMENT
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:
Derek Alan Johnson
Date: 24 A uc 20 iq
Page 2 of 3
TEMPORARY CONSTRUCTION EASEMENT
Accepted By City of Bremerton: Approved as to form:
By: W By:�� 1-""7 '
Printed Name: Greg Wheeler Printed Name: Myst q
Title: City Mayor Title: City Attorney (AYSM )
Date: a f< t j 20 t 9 Date: 0\-046\
STATE OF WASHINGTON )
: ss
County of IC-( S-AP )
On this 1-4 44, day of A G vSi"" 20 1'1 , before me personally
appeared Derek Alan Johnson, to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that he signed and sealed the
same as his 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 Pnblic
State of Washington
ANTHONY J MACDONALD Printe Name:A•flamy S�lc cr1d/r(
MY COMMISSION EXPIRES Notary Public in and fof the State of
APRIL 4,2021
Washington, residing at 7I2_6o)/n
My commission expires f pc,`
Page 3 of 3
EXHIBIT A
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
KITSAP COUNTY TAX PARCEL NO.4548-000-001-0000
THAT PORTION OF KITSAP COUNTY TAX PARCEL NO.4548-000-001-0000 AND LOT 1 OF
HAYWARDS MONTLAKE ADDITION ACCORDING TO PLAT RECORDED IN VOLUME 8 OF PLATS,
PAGE 29 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 NORTH CORNER OF SAID LOT 1;THENCE SOUTH 50°24'21"EAST ALONG
THE EAST LINE OF SAID LOT 1 A DISTANCE OF 79.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 50°24'21"EAST CONTINUING ALONG SAID EAST LINE A DISTANCE OF 41.93
FEET TO THE EAST CORNER OF SAID LOT 1;THENCE SOUTH 03°28'39"WEST CONTINUING
ALONG SAID EAST LINE A DISTANCE OF 24.58 FEET;THENCE NORTH 77°15'43"WEST A
DISTANCE OF 12.05 FEET;THENCE NORTH 06°21'13"EAST A DISTANCE OF 12.31 FEET;THENCE
NORTH 50°24'21"WEST A DISTANCE OF 38.91 FEET;THENCE NORTH 39°35'39"EAST A
DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 819 SQUARE FEET,MORE OR LESS.
05-07-19
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DATE: May 07,2019 FILE JOHNSON TCE
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