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HomeMy WebLinkAbout201910020059 AFTER RECORDING MAIL TO: City of Bremerton Attn: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 BREMERTON CITY OF 201910020059 Easement Rec Fee $ 107 50 Page 1 of 5 10/02/2019 09:22 RM Paul Andrews, Kitsap Co Auditor TEMPORARY CONSTRUCTION EASEMENT Grantors:Arleen A. Sura and James E. Sura Grantee: City of Bremerton Abbreviated Legal: Ptn Gov Lot 1, Section 8, Township 24 North, Range 1 East, Kitsap County, WA Tax Parcel No.: 082401-4-056-2004 City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project Project Parcel # 1 THIS INSTRUMENT is made this //d - day of jO7Ei27J—er , 20/1? by and between Arleen A. Sura, as her separate estate, to an undivided half interest and James E. Sura and Arleen A. Sura, husband and wife, as to the remainder, 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 Page 1 of 3 EXCISE TAX EXEMPT OCT 0 2 2019 TEMPORARY CONSTRUCTION EASEMENT 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 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: (2 ( . .the Arleen A. Sura es E. Sura Date: �� 'l l J/ Date: / ( — 11 Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT Accepted By City of Bremerton Approved as to form: By: By:0^^111- Printed Nam . Greg Wheeler Printed Name: flys lnc4e,t u tise Title: City Mayor Title: City Attorney Date: \20 t Z o t c\ Date: hol tq STATE OF WASHINGTON ) : ss County of K /T5,4P ) On this P.7421-` day of :Sc---1-1r ii,,Ocf 20 r , before me personally appeared Arleen A. Sura and James E. Sura, 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. d Notary Public �- r. l' State of Washington ANTHONY J MACDONALD Printed Name:Ai!Q/? ,flat.44riarf(i MY COMMISSION EXPIRES Notary Public in and fof the State of APRIL 4,2021 2 Washington, residing at '72 c-c m et My commission expires/lip/1/z// 2021 Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO.082401-4-056-2004 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO.082401-4-056-2004 AND PARCEL 1 DESCRIBED IN QUIT CLAIM DEED RECORDING NUMBER 8607090060 LOCATED IN GOVERNMENT LOT 1 (SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER),SECTION 8,TOWNSHIP 24 NORTH,RANGE 1 EAST,W.M.,CITY OF BREMERTON,KITSAP COUNTY,WASHINGTON BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8,THENCE NORTH 88°44'21" WEST ALONG THE SOUTH LINE OF SAID SECTION 8 A DISTANCE OF 1958.40 FEET TO A POINT ON THE SOUTH LINE SAID PARCEL 1 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°44'21"WEST ALONG SAID SOUTH LINE OF PARCEL 1 A DISTANCE OF 6.45 FEET;THENCE NORTH 37°55'47"WEST A DISTANCE OF 43.63 FEET;THENCE NORTH 37°55'47" WEST A DISTANCE OF 70.01 FEET;THENCE NORTH 39°13'28"WEST A DISTANCE OF 46.28 FEET; THEND NORTH 39°1328 WEST A DISTANCE OF 92.64 FEET;THENCE ALONG A 288.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 16°51'21"FOR AN ARC LENGTH OF 84.73 FEET;THENCE NORTH 29°12'14"WEST A DISTANCE OF 16.76 FEET;THENCE NORTH 51°34'14"EAST A DISTANCE OF 5.00 FEET TO A POINT ON THE WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY AND THE EAST LINE OF SAID PARCEL 1;THENCE SOUTH 38°25'46"EAST ALONG SAID EAST LINE PARCEL 1 LINE A DISTANCE OF 17.75 FEET;THENCE SOUTH 48°01'16"WEST A DISTANCE OF 2.89 FEET;THENCE ALONG A 283.00 FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 67°37'54"EAST THROUGH A CENTRAL ANGLE OF 16°51'21"FOR AN ARC LENGTH OF 83.26 FET;THENCE SOUTH 39°13'28" EAST A DISTANCE OF 138.97 FEET;THENCE SOUTH 37°55'47"EAST A DISTANCE OF 117.77 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ANY PORTION THAT MAY LIE WITHIN THE RIGHT OF WAY OF SAID HARLOW DRIVE. CONTAINING 1,805 SQUARE FEET,MORE OR LESS. 05-07-19 q-- ofI4s,`S No ao, $ 41964 a1 f�S,„h4LBLANO S � DATE: May 07,2019 FILE: SURA TEMP CONST EASE X 1 o / 08240 U x I x m 4-05,_ I w x I PATRICK W p 2009 0-A X I m BOUCNeR f u z 01 I i \ a --------- -_ X xi U 410D n (./) N N rn m k D. Ni rn rnNy N 2 z z n n , I co V co • \ XI .... VI Cf( 5' X• z To O A D v cC f m 0 C7 Z D z Z m C I�r� 4 c z Nm y E N m TEMP. CONST 8°z; a -1 2 EASEMENT p li O ri Z n �y _N o7�Cm w - m �, Nco Io - ro `n" a c)vFimci' $ Ni 7. � m x g� , � rt. cn eI �OZ .Z�1$Jco ��bnN ccmaOX� aNI I m , Z = u �l m < , co(n co- o ry A of ' ›- ax Ka Kaq a �� _ Z ' I11 CO mw �x �� H c3 0f & o4o ' zNOO A Z p1I = rr. � _ �• m > �= riIR mem LW oiv l " * gym • yZ ia ia� poi 27 I 0 L., I \ till 0r \ � I r P 0 V \ �� } Ci" \ d 'Q>, O o m 4,- r I tion ,‘ mO I ro (Z1 i� O r- I -- r 77 , I4.. 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