The URL can be used to link to this page

Home My WebLink About201910020057 AFTER RECORDING MAIL TO: CITY OF BREMERTON Attn: City Clerk BREMERTON CITY OF 201910020057 Memorandum P,ec Fee $ 107 50 345 6th Street, Suite 100 10/02/2019 09 22 AM Paul Andrews. Kitsap Co Auditor. Page 1 of 5 Bremerton, WA 98337 MEMORANDUM OF UNDERSTANDING Grantor: Lacey M. Hall Grantee: City of Bremerton Abbreviated Legal: Ptn Gov Lot 5, Section 17, Township 24 North, Range 1 East Tax Parcel No.: 172401-1-050-2005 Project Name: Kitsap Lake Elementary Safe Routes to School Project Project Parcel #13 THIS MEMORANDUM OF UNDERSTANDING dated <9 20 _✓� is entered into by and between City of Bremerton, a Washington municipal corporation, hereinafter referred to as the "City," and Lacey M. Hall, as her separate estate, hereinafter referred to as the "Owner". WHEREAS, the City is undertaking the Kitsap Lake Elementary Safe Routes to School Project (the Project); and WHEREAS, the Owner owns the property located at 6031 Harlow Drive Tax Parcel No. 172401-1-050-2005; and WHEREAS, The City requires a portion of the property described in Exhibit A and as depicted in Exhibit B attached hereto and made a part hereof by this reference ("Property"), for public use in the construction and operation of the above entitled Project; and WHEREAS, the City has made a firm and continuing offer to pay the amount of $950 for the property and/or property rights necessary to construct the Project; and WHEREAS, the purpose of this Agreement is to set forth the terms pursuant to the conveyance of the Property/ Property rights, and Structures /Additions: Grantor warrants that no building, structure, or other above or below ground obstruction that may interfere with the purposes for which this Temporary Construction Easement is granted may be placed, erected, installed or permitted upon the Temporary Easement Property during their term hereof except for existing improvements, if any. The Grantor further agrees that in the event the terms of this Temporary Construction Easement are violated, that such violation shall immediately be corrected by the Grantor at Grantor's sole expense upon receipt of written notice from Grantee. Likewise, Grantee acknowledges and attests that no structure, building, or other above or below ground Page 1 of 3 structure will be built or placed on the temporary easement, and furthermore, upon written notification from the Grantor shall correct, at their own expense any violation of this agreement. Venue/Dispute: In the event of any litigation between the parties in connection with this Agreement, all parties herein agree to utilizing mediation, of which the costs shall be paid by the prevailing party. Furthermore, should any further legal action be commenced outside of mediation, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. The obligation in the immediately preceding sentence shall survive any termination or expiration of this Agreement. NOW THEREFORE in consideration of the mutual promises and covenants set forth herein and the recitals set forth above, the parties hereby agree as follows: 1. The Owner agrees to accept the City's offer of Nine Hundred Fifty Dollars and Zero Cents ($950.00) and deliver to the City a Temporary Construction Easement conveying the needed property rights; and 2. The Parties acknowledge that no other person or entity, nor any agent or attorney of any person or entity, has made any promise, representation or warranty whatsoever, express or implied, not contained in this Agreement concerning the subject matter hereof, to induce the Parties to execute this Agreement. The Parties further acknowledge that they have not executed this Agreement in reliance on any such promise, representation, or warranty not contained herein; and 3. In executing this Agreement, the Parties acknowledge that they have consulted or had an opportunity to consult with a duly licensed and competent attorney, and that they have executed this Agreement after independent investigation, voluntarily and without fraud, duress or undue influence, and they exclusively consent that this Agreement be given full force and effect according to each and every one of its express terms and provisions; and 4. It is understood and agreed that this payment is not an admission of liability of any party, and expressly reserves the right to assert any claim or cause of action such party may have against the undersigned or any others. 5. This Agreement is not effective until and unless signed and accepted by City of Bremerton. The Property Owner waives, on behalf of itself and its successors and assigns, any and all claims, present or future, against the City, its elected officials, officers, employees, agents, and contractors, relating to or arising from the demolition and construction of the Kitsap Lake Elementary Safe Routes to School Project and hold the City, its elected officials, officers, employees, agents, and contractors, harmless from any such claims, injuries, losses, damages, costs, including attorney's fees, except for injuries or damages caused by the sole negligence of the City. 6. This Agreement may only be amended or modified by a writing executed by the City and Property Owner. Page 2 of 3 Grantor: 1 _)_(.. NAC0‘5-Q---D L . H=11 City of Bremerton Approved as to form: By: W Byi✓�� Printed Nal: Greg Wheeler Printed Name: h"c#w. ( 41a Title: City Mayor Title: City Attorney Date: °k,-S\"2°t°‘ Date: cl 114 I STATE OF WASHINGTON ) : ss County of ks ) On this day of SJR. 20 \‘'‘ , before me personally appeared Lacey M. Hall, to me known 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. 0K w ,i l�P SS O•• ► 'i��' A L AL /�/A/./� V.� £L'1L 11.,/, I ,�,�,�n ▪ •• Uo�.1OTAq�,m=9 s Printed ame:• I F. 3Rn r 1 t'n 1 f .1,10.5su - w i = Notary Public in and fdr th State of U pveuG ryo ; Washington, residing at pool 4D 1i.7)",:••••ARyO8 .•.k •tz 3.'/.,,, WAAgN``.�` My commission expires 21� �� 411111 Imo, Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO. 172401-1-050-2005 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 172401-1-050-2005 AND DESCRIBED IN STATUTORY WARRANTY DEED RECORDED UNDER RECORDING NO. 201506300151 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 ON THE NORTH LINE OF SAID PARCEL DESCRIBED IN STATUTORY WARRANTY DEED RECORDED UNDER RECORDING NO. 201506300151 AND THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 380123. THENCE SOUTH 25°11'29" EAST ALONG THE WEST LINE OF SAID DEED AND SAID WESTERLY OF THE HARLOW DRIVE RIGHT OF WAY A DISTANCE OF 28.97 FEET; THENCE NORTH 82°35'39" WEST A DISTANCE OF 34.44 FEET; THENCE NORTH 02°40'06" EAST A DISTANCE OF 22.21 FEET TO A POINT ON SAID NORTH LINE; THENCE SOUTH 88°53'31" EAST ALONG SAID NORTH LINE A DISTANCE OF 20.79 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THAT MAY LIE WITHIN THE RIGHT OF WAY OF SAID HARLOW DRIVE. CONTAINING 651 SQUARE FEET, MORE OR LESS. 05-07-19 41' PU �'�a%ofJAS ,4 41T °5 / pry • 4 ; 41964 • JSP �ISTE� Sp9 0 NA9 t lAN DATE: May 07,2019 FILE: HALL TCE n X \ O X I- X 1I r*1 D \ o 1 \ �. /� XI 71p X 1\ 71 ON O 'N+ \ // X \ > \• rnENcoV o \• /// X D oC I �/ X it \ mm�"o o 0� � � w /� / p x M X X ' D - n oZmm� v • y N ,J1 co i b Q Z Z (07 P1 . o ? 5 0) J �J o _ v / c� c� � � o -r1 0 Z -0 N 1 Z W O { xi — ! �om I \ // A G) D N D 0lar 0 O� ��m*1 i-om0O to `` / Z X Z Ti z D 0 f 0 \ // -I 0 00 m // • n C C f M co cn ,— 0 f\:_ji: Zz C // / 5m m Li. </ \ co5 \ z ow v >/ TI 1 O) V N O m m // i � OE N O N N rn F)W f m\ / O / � r x m-1mK0 / � JC , m ro / ro I n_.....) 7,T. . 7J .,A3D cn / 8' o m \`J W a N \` Z Z O cn .o ff � m ZJ Z I `• (.J /v N / nO \/ \ - A 1 c W aQ L O .02/ 6/ 2�� 2C� m0 W / o i cOi m .--i Z?/ I CI,•0 �� 7° O 05c 8 / =�Op Z Z CZ -4 m / Aco m3> > o /I n ,1m 11 CO / � o l \ * m A N //o / N Z m o // \ 0 —I ....,/ cr \ � o //� `,tip w •a s j &� I ti o �� o . rn / „,.„4" p • f .. �'tg '..'� / /�\ • �" `- 7 el i p <:V W cnq 0