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HomeMy WebLinkAbout201909180319 AFTER RECORDING MAIL TO: City of Bremerton Attn: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 BREMERTON CITY OF 201909180319 E.asmer,' RPC Fee. $ ^n' -n t)Ce;1Pi2=119 03.r,t6 PM ;:yip 1 of Paul nndrvidc. kitSan r,n fu`1itcr TEMPORARY CONSTRUCTION EASEMENT Grantor: Dalene Sue Keith Grantee: City of Bremerton Abbreviated Legal:Ptn Gov Lot 5, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Tax Parcel No.: 172401-1-048-2000 City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project Project Parcel# 12 THIS INSTRUMENT is made this day of C(G/,t , 20 1 by and between Dalene Sue Keith, as her separate estate, ereinafter 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 SEP 18 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: ' k.c/uth Dalene Sue Keith Date: C ,L Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT Accepted By City of Bremerton: Approved as to form: By: )4t.R.31AAA....0—, By:. •IAA Printed Name: Greg Wheeler Printed Name: tAhcAA.0.0 toilet Title: City Mayor Title: City Attorney Date: cl I tt /2.ot al Date: q'l0-I451, STATE OF WASHINGTON ) : ss County of T-stlf ) On this 1 Cf "1:2 day of Afolf S 1 20 /9, before me personally appeared Dalene Sue Keith, to me kn wn to be the individual described in and who executed the foregoing instrument, and acknowledged that she signed and sealed the same as her 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. _ rh'6 -6—Notary Public State of Washington/ . / I ANTHONY J MACDONALD Prime a ,��,' L t�11 Cf G MY COMMISSION EXPIRES Notary Public in and for t e State of • APRIL 4,2021 Washington, residing at �LZ cr„yi Cd My commission expires Apo/ 9, 2'2 l Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO.172401-1-048-2000 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 172401-1-048-2000 AND THE TRACT OF LAND DESCRIBED AS PARCEL A QUIT CLAIM DEED RECORDED IN AUDITOR'S FILE NO. 201601080185 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 A POINT ON THE WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL A; THENCE SOUTH 25°11'29"EAST ALONG SAID WESTERLY LINE A DISTANCE OF 111.56 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL A;THENCE NORTH 88°53'31"WEST ALONG SAID SOUTH LINE OF PARCEL A,A DISTANCE OF 5.58 FEET;THENCE NORTH 25°11'29"WEST A DISTANCE OF 71.77 FEET;THENCE SOUTH 86°26'38"WEST A DISTANCE OF 24.73 FEET;THENCE NORTH 08°44'57"WEST A DISTANCE OF 26.99 FEET;THENCE NORTH 75°36'37"EAST A DISTANCE OF 15.62 FEET;THENCE NORTH 25°11'29"WEST A DISTANCE OF 7.72 FEET TO A POINT ON SAID NORTH LINE OF PARCEL A;THENCE SOUTH 88°54'11"EAST ALONG SAID NORTH LINE A DISTANCE OF 5.58 FEET TO THE POINT OF BEGINNING. 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