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HomeMy WebLinkAbout201910280075 BREMERTON CITY OF 201910280075 Easement Reo Fee; $ 115 50 10/20/2019 09 40 RM Paul Andrew^,. Kitsap Co Auditor Page 1 of 13 After Recording Return To: City of Bremerton Engineering— Streets & Roads c/o City Clerk 345 6th Street, Ste. I oc. Bremerton, WA 98337 DEDICATION OF RIGHT OF WAY EASEMENT Grantors: Quad 4000 Owner's Association; Jeanne A. Wright, Trustee of the Jeanne A. Wright Living Trust; Nancy Lee Saunders, Trustee of the Nancy Lee Saunders Living Trust; Orchard Foods Corporation, a Washington corporation Grantee: City of Bremerton, a Washington Municipal Corporation Abr. Legal Description: Ptn Lot 5 and Common Area Quad 4000, Volume 23 of Plats, pages 53, 54 and 55, records of Kitsap County Assessor's Property Tax Parcel Numbers: 3994-000-005-0007; 3994-000-006-0006 Related Document AFN: 1. Grantors' Dedication. The Grantors, Quad 4000 Owner's Association (hereafter, the "Association") as the record owner of Kitsap County Assessor's Tax Parcel No 3994-000-006-0006 and legally described as Common Area Quad 4000, Volume 23 of Plats, pages 53, 54 and 55, records of Kitsap County, and; Jeanne A. Wright, Trustee of the Jeanne A. Wright Living Trust (hereafter, the "Wright Trust");Nancy Lee DEDICATION OF RIGHT OF WAY EASEMENT Page 1 oft3 6-3-19 EXCISE TAX EXEMPT OCT 2 5 2019 Saunders, Trustee of the Nancy Lee Saunders Living Trust(hereafter, the "Saunders Trust") as the record owners of Kitsap County Tax Parcel 3994-000-005-0007 and legally described as Lot 5, Quad 4000, According to the Plat recorded in Volume 23 of Plats, Page(s) 53, 54 and 55, Records of Kitsap County, Washington, as tenants in common, each as to an undivided fifty percent(50%) interest and Orchard Foods Corporation (hereafter, "Orchard Foods") as the lessee of the Trusts' Property hereby warrant, convey and dedicate to the Grantee, City of Bremerton(hereafter"City"), and its successors and assigns, a Right of Way Easement over portions of Grantors' Properties legally described in Exhibit A attached hereto for ingress and egress to enable the City to maintain, operate, improve, alter, reconstruct and repair road, utilities and other public facilities over, under, through, across and upon the property described in Exhibit A, including the Public Facilities described below. 2. Public Facilities. The Public Facilities consist of water, sewer and storm drain lines, catch basins, sidewalks, curbs, gutters, planters, fire hydrants, and pedestrian signal poles installed and/or constructed by Kitsap Transit, pursuant to a City Right-of-Way Permit number RW 18-00206 and Construction Easement and Agreement for Dedication of Public Right of Way Easement dated 2019 and recorded under Auditor's File Number on the portions of the Grantors' Properties described in Exhibit A attached hereto. 3. Effective Date. This Dedication becomes effective as of the Date the City approves and accepts the completion of the Public Facilities Work completed by Kitsap Transit under the above referenced Right-of-Way Permit. On the City's approval and acceptance of the above described Public Facilities, the City will fill in the above blanks, complete and execute the Acceptance set forth below, record this Document with the Kitsap County Auditor's Office, provide a copy to Kitsap Transit and require Kitsap Transit to provide a copy to the Grantors. 4. Grantors' Covenants. The Association and the Trustees of the Trusts hereby coventant that they are the owners of their respective Properties described in Exhibit A free and clear of all liens and encumbrances, except any right, title, easement or encumbrance of record and that they have good and legal right to grant, convey and DEDICATION OF RIGHT OF WAY EASEMENT Page 2 of 15 6-3-19 dedicate the above described Right-of-Way Easement. GRANTORS: Quad 4000 Owner's Association Wright Trust /44 /6:7 --k- By Robin Waite Jeanne A. Wright, Trustee of the Jeanne A. Its 4, i-'4c-rV Wright14107,X Trust Dated — 6, /5 Dated Orchard Fool s f s rpor.tion, a Saunders Trust Wash'I gton ol'p q ratio f id B Pete M V Nancy Lee Saunders, Trustee of the Nancy Lee Its aging Memer Saunders Trust Dated ( 'f / l Dated CITY'S ACCEPTANCE: The City of Bremerton hereby accepts the Grantor's conveyance of the real property described in Exhibit A, and the improvements thereon described above as of the 22^..g day of Ockober , 2019. City of Bremerton, a Washington Municipal Corporation 1 _ ' By: ilti Wheeler Its: Ma••r APPROVED AS TO FORM: '� Roger A. Lubovic City Attorney DEDICATION OF RIGHT OF WAY EASEMENT Page 3 of 13 6-3-19 GRANTORS: Quad 4000 Owner's Association Wright Trust -a,):;Cre: 1,1 Bynoe A. Wright, Trustee of t�fe Jeanne A. Its Wright Try54 Dated Dated /Yy, (-�Lp/ .e7/, Orchard Foods Corporation, a Saunders Trust Washington corporation By Peter Braun Nancy -e Saunders, Trustee of the Nancy Lee Its Managing Member S aun•- s,TOtst iL,Dated Dated / c//7 CITY'S ACCEPTANCE: The City of Bremerton hereby accepts the Grantor's conveyance of the real property described in Exhibit A, and the improvements thereon described above as of the day of , 2019. City of Bremerton, a Washington Municipal Corporation By: Greg Wheeler Its: Mayor APPROVED AS TO FORM: Roger A. Lubovich City Attorney DEDICATION OF RIGHT OF WAY EASEMENT Page i{ of i'3 (43-19 STATE OF WASHINGTON ) : ss COUNTY OF KITSAP ) I hereby certify that on the to day of ln�t�-�, , 2019, I know or have satisfactory evidence that ROBIN WAITE is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument and acknowledged it as the 1.4,9,4A,A.6, 0,4_41".D..44-# of Quad 4000 Owner's Association, to be the free and voluntary act of Quad 40b0 Owner's Association for the uses and purposes mentioned in this instrument. WITNESS my hand and official seal day and year first above written. Dated Notary Public in and for the State of Washington residing at: 'en My appointment expires wt /22 - --4k-4(1":g v'. - £-4 l 1:4,...\\\"\\"A %s i l ieig I Printed Name ,�Ft�N I' ��i O +OTA,ip 4 , iie S 148295 C s s j 4, vela _a 02 '# 6 r �`�`'a,,+4?,,LvO'�Cyd STATE OF WASHINGTON ) "1',�i WASN\��```.. : ss COUNTY OF KITSAP ) I hereby certify that on the day of , 2019, personally appeared before me, JEANNE A. WRIGHT, Trustee of the Jeanne A. Wright Trust, to me known to be the individual who executed the foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal day and year first above written. Dated Notary Public in and for the State of Washington residing at: My appointment expires Printed Name DEDICATION OF RIGHT OF WAY EASEMENT Page'5of 5 6-3-19 STATE OF WASHINGTON ) : ss COUNTY OF KITSAP ) I hereby certify that on the day of ,2019,I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she is authorized to execute the instrument and acknowledged it as the of Quad 4000 Owner's Association, to be the free and voluntary act of Quad 4000 Owner's Association for the uses and purposes mentioned in this instrument. WITNESS my hand and official seal day and year first above written. • Dated Notary Public in and for the State of Washington residing at: My appointment expires Printed Name notary puohc or other othcer completing this certificate verifies only the identity of the rbldbmilb"d1141641"16411"1"1"big ; VAISNALI DUTAL idividual whosigned te lidity senttowhchthicetificateisattachedandnot k' Notary Public-California truthfulness,accuracy,orvalidityofthat document. Santa Clara County > STATE OF CALIFORNIA COUNTY OF SQv%'t a. (-I& Commission M 2287358 •`' My Comm.Expires May 3,2023 Subscribed and swomto(or affirmed)before meimVc? ayof Nl Aj 20 I q by :rtan tae. • % �-i t. �J proved to me on the basis of satisfactory e' ce to bee the (s)who appeared STATE OF WASHINGTON ) before me. V : SS (Signature of Notary) COUNTY OF KITSAP ) I hereby certify that on the day of ,2019,personally appeared before me, JEANNE A. WRIGHT, Trustee of the Jeanne A. Wright Trust, to me known to be the individual who executed the foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal day and year first above written. Dated Notary Public in and for the State of Washington residing at: My appointment expires Printed Name DEDICATION OF RIGHT OF WAY EASEMENT Page (c of r•3 gi -19 L STATE OF WASHINGTON ) : ss COUNTY OF KITSAP ) I hereby certify that on the day of , 2019, personally appeared before me,NANCY LEE SAUNDERS, Trustee of the Nancy Lee Saunders Trust, to me known to be the individual who executed the foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal day and year first above written. Dated Notary Public in and for the State of Washington residing at: My appointment expires Printed Name STATE OF WASHINGTON ) : ss COUNTY OF KITSAP ) I hereby certify that on the day of , 2019, I know or have satisfactory evidence that PETER BRAUN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Managing Member of Orchard Foods Corporation, a Washington corporation, to be the free and voluntary act of Orchard Foods Corporation for the uses and purposes mentioned in this instrument. WITNESS my hand and official seal day and year first above written. \ / Dated 6 -5 -( Al -- ' Notary Public in and for the State of Washington residing at: e (�4 (s 6„l ✓� My appointment expires - Printed Name AMELIA MATIAS Notary Public State of Washington Commission Number 196883 DEDICATION OF RIGHT OF WAY EASEMENT Page] of 13 + My Commission Expires 6-3-19 12/01/2021 /L ~fc: flfl ,a:ao�astR STATE OF WASHINGTON ) : ss COUNTY OF KITSAP ) I hereby certify that on the day of ,2019,personally appeared before me,NANCY LEE SAUNDERS,Trustee of the Nancy Lee Saunders Trust,to me known to be the individual who executed the foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal day and year first above written. Dated Notary Public in and for the State of Washington residing at: My appointment expires Printed Name .., VAISHALt DU bAl A notary public or other officer completing this certificate verif es only the identity of the �;.. individual who signed tttb doc empot to which this certificate is attached,and not the Notary Public California Wthtulness,accuracy,orvalidity ofthat document. _3 E. ITE Santa Clara County is C— Commission M 22a735E STATE OF CALIFORNIA COUNTY OF -�CXV � u�r o j Li.:4; -'' My Comm.Expires May 3,2023 J Subscribed and swomto(or atfimred)before mer Itis?..01N of NA tt 20 let by NfrinW f�tS4 kiNaVr.S _-J proved to me on the basis of satisfactory evidence to be the person(s) o appeared STATE OF WASHINGTON ) before me. h v�� : SS (Signature of Notary) COUNTY OF KITSAP ) I hereby certify that on the day of ,2019,I know or have satisfactory evidence that PETER BRAUN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Managing Member of Orchard Foods Corporation, a Washington corporation, to be the free and voluntary act of Orchard Foods Corporation for the uses and purposes mentioned in this instrument. WITNESS my hand and official seal day and year first above written. Dated Notary Public in and for the State of Washington residing at: My appointment expires Printed Name DEDICATION OF RIGHT OF WAY EASEMENT Page 4a of IS g-3-19 STATE OF WASHINGTON ) : ss COUNTY OF KITSAP ) I hereby certify that on the 24) day of p j 9.L( , 2019, I know or have satisfactory evidence that GREG WHEELER is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument and acknowledged it as the Mayor of City of Bremerton, a Washington Municipal Corporation, to be the free and voluntary act of City of Bremerton for the uses and purposes mentioned in this instrument. WITNESS my hand and official seal day and year first above written. Dated 0-2)a ' I I H Notary Public in and for the State of Washington residing at: 1L-i4-S4.-p Wu n My appointment expires . I . n i g U o Printed Name ,‘‘•QNANIF............... O � ::fir`' E �s'''� CY :O NOTARY °' Z •. • LIC w j Z DEDICATION OF RIGHT OF WAY EASEMENT Page 4 I ?� 6-3-19 • EXHIBIT"A" Legal Description of Right of Way Easement and Dedication THAT PORTION OF LOT 5,QUAD 4000,ACCORDING TO THE PLAT RECORDED IN VOLUME 23 OF PLATS,PAGE(S)53,54 AND 55,RECORDS OF KITSAP COUNTY, WASHINGTON; DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE S 88°33'05"E,ALONG THE NORTHERLY BOUNDARY OF SAID LOT,A DISTANCE OF 12.66 FEET; THENCE S 03°50'13"W,A DISTANCE OF 64.59 FEET; THENCE N 86°08'31"W,A DISTANCE OF 12.68 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY MARGIN OF WHEATON WAY; THENCE N 03°51'29"E,ALONG SAID MARGIN,A DISTANCE OF 64.06 FEET TO THE POINT OF BEGINNING. CONTAINING 815 SQUARE FEET,MORE OR LESS. SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. . �g ?SON I. o' tv«r,�j, .per ; Yr � o 441026 1 LW AL LAID to 1 "3 EXHIBIT"A" Legal Description of Right of Way Acquisition THAT PORTION OF THE COMMON AREA,QUAD 4000,ACCORDING TO THE PLAT RECORDED IN VOLUME 23 OF PLATS,PAGE(S)53, 54 AND 55,RECORDS OF KITSAP COUNTY,WASHINGTON; DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 5 OF SAID PLAT; THENCE N 03°51'29"E,ALONG THE EASTERLY RIGHT OF WAY MARGIN OF WHEATON WAY,A DISTANCE OF 82.63 FEET; THENCE S 88°22'00"E,A DISTANCE OF 12.63 FEET; THENCE S 03°50'13"W,A DISTANCE OF 82.59 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID COMMON AREA; THENCE N 88°33'05"W,ALONG SAID SOUTHERLY BOUNDARY,A DISTANCE OF 12.66 FEET TO THE POINT OF BEGINNING. CONTAINING 1,044 SQUARE FEET,MORE OR LESS. SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. (77,777imm.e.,z*vka1/4,,, 1/4 A li A� oti w, , 44 o �4, k'i , 41026 ,4? ., c,`v'1 L L OD r, ik -4- i3 i f • EXHIBIT "B" DEPICTION OF RIGHT OF WAY EASEMENT AND DEDICATION QUAD 4000 OWNERS ASSOCIATION I I PARCEL NO. 3994-000-006-0006 - , } POINT OF BEGINNING I S 88'33'05" E 12.66' w w to 2 o N oCrl LOT 5 QUAD-14000 PI . q 4000 WHEATON WA -_ o w WRIGHT z g PARCEL NO. 3994-000-005-0007 N 86°08'31" W 12.68' erOIN NORTH AREA OF RIGHT OF WAY ACQUISITION II • III ■ 1111=111111111111= 815 S.F. 0 40 80 SCALE/N FEET WHEATON WAY TRANSIT CENTER 1 ALLIANCE KITSAP TRANSIT 6 ED MAT I Cs SEC. 2, T. 24 N., R. 1 E., W.M. W SURVEYING & MAPPING 1261A 120TH AVE NE Ph:(425)598-2200 Bellevue,Washington 98005 Fax:(425)502-8067 DRAWN BY: JG DATE: 3-2-2018 i -4 13 EXHIBIT "B" DEPICTION OF RIGHT OF WAY ACQUISITION I• U S 88'22'00" E 12.63' >Z COMMON AREA 0 QUAD 4000 OWNERS I- w ASSOCIATION = w V) PARCEL NO. o 0 3994-000-006-0006 Cs! to in 'T) N (0 O M co O W Z POINT OF BEGINNING N 88'33'05" W 12.66' LOT 5 QUAD 4000 PARCEL NO. 3994-000-005-0007 -- er4 AREA OF NNW ■ ■ . RIGHT OF WAY ACQUISITION IIII 111 • la 1,044 S.F. O 40 80 SCALE/N FEET WHEATON WAY TRANSIT CENTER er4 1 ALLIANCE KITSAP TRANSIT GEOMATICS SEC. 2, T. 24 N., R. 1 E., W.M. SURVEYING & MAPPING 1261A 120TH AVE NE Ph:(425)598-2200 Bellevue,Washington 98005 Fax:(425)502-8067 DRAWN BY: JG DATE: 3-2-2018 1 3 c4, 3