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Home My WebLink About202001030144 AFTER RECORDING MAIL TO: City of Bremerton Attn: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 PACIFIC NW TITLE 202001030144 Easement Rec Fee $ 108.50 01/03/2020 11.53 PM Page, 1 of 6 Paul Andrews, Kitsap Co Auditor TEMPORARY CONSTRUCTION EASEMENT Grantors: Luke M. Bugg and Stacey D. Bugg Grantee: City of Bremerton Abbreviated Legal: Ptn Gov Lot 6, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Tax Parcel No.: 172401-1-025-2007 portion City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project Project Parcel#2 • THIS INSTRUMENT is made this , LU D` - f day of �G7 �C�r- , 20�`C, by and between Luke M. Bugg and Stacey D. Bugg, husband and wife, 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. Page 1 of 3 KITSAP COUNTY TREASURER EXCISE 01/03/2020 2020EX00031 Total: $10.00 Clerk's Initial 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: Luke . ugg Stacey D. Bugg Date: ,j�A Jt7/ 0 Date: /�./.// Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT Accepted by City of Bremerton Approved as to form: By: Tar r Printed Na411/4-A-1 Greg Wheeler Printed Name: Mito ot.t tar- Title: City Mayor Title: City Attorney Date: IO J 1t I20 °t Date: 1040_i of STATE OF WASHINGTON ) : ss County of / rrS/4P ) On this 1 day of OC# FJ Oer 20/ `7, before me personally appeared Luke M. Bugg and Stacey D. Bugg, 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. i 414/ill. Notary Public State of Washington Printed Name/in/km/ / ANTHONY J MACDONALD D ��&G fa,. Notary Public in and for the State of MY COMMISSION EXPIRES Washington, residing at Ze,D�'d/i APRIL 4,2021 / My commission expires -%/ 7f .2A2-J Page 3 of 3 • EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO. 172401-1-025-2007 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 172401-1-025-2007 AND PARCEL 1 DESCRIBED IN QUIT CLAIM DEED RECORDING NUMBER 201505290060 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 NORTHEAST CORNER OF SAID SECTION 17(ALSO THE NORTHEAST CORNER SAID GOVERNMENT LOT 6),THENCE SOUTH 66°23'59"WEST A DISTANCE OF 1466.25 FEET TO A POINT ON THE WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY AND THE NORTH CORNER OF SAID PARCEL 1;THENCE SOUTH 02°13'18"WEST ALONG THE WEST LINE SAID PARCEL 1 A DISTANCE OF 16.56 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 57°58'59"EAST A DISTANCE OF 168.25 FEET TO A POINT ON THE SOUTH LINE SAID PARCEL 1;THENCE SOUTH 46°48'13"WEST ALONG THE SOUTH LINE OF SAID PARCEL 1 A DISTANCE OF 5.17 FEET;THENCE NORTH 57°58'59"WEST A DISTANCE OF 79.06 FEET;THENCE SOUTH 32°08'11"WEST A DISTANCE OF 6.10 FEET,THENCE NORTH 57°51'49"WEST A DISTANCE OF 23.51 FEET;THENCE NORTH 32°08'11"EAST A DISTANCE OF 6.05 FEET;THENCE NORTH 57°58'59"WEST A DISTANCE OF 61.49 FEET TO A POINT ON SAID WEST LINE OF SAID PARCEL 1; THENCE NORTH 02°13'18"EAST ALONG SAID WEST LINE A DISTANCE OF 5.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 973 SQUARE FEET,MORE OR LESS. 5/3/19 Q� .of!Asai s / I w if` f Q �°chi 41964 , �o �/S i Eati.• • Si/°NAL LANO S EXHIBIT B FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP LAKE ELEMENTARY SAFE ROUTES TO SCHOOL GOV'T LOT 6(NE 1/4 OF THE NE 1/4)SEC.17,T.24 N.,R.1 E.,W.M. KITSAP COUNTY,WASHINGTON a 1 72401-1-081-2008 m +Op' ' �- 6502 HARLOW DRIVE 11+ ' i L—--1 JOSEPH A. PARKER i ' i f— - bti RW DFtNE i —` — 11 I 113+00 H z iP' ,00SED—— ,_——i 1 J� 5 p\K S071318'W .2 9•E •166 j9 06 S\DEW PE 5 \0 16.56' S5T`5 'S9� D S L T`� AN N5 � MENT 1 12+00 �,SE .B• ,........---1--- 1•P'0 49' PROPOSED �" ommo 59°H 61' POWER S46'48'13•W N5T`� EASEMENT 5.17' i 62 /7240/� N32'08'111 TEMP. CO ST ?3& /'06 N0713'18'E 6.05' EASEMENT 53708'11N1 1 172401_ _ BE7y22s 4-2009 5.76' 6.10'_ 6CgR1 MgRL01y4LI! 008 CORD HeN ORIV N5T51'49N/ BURN 1 172401-1-025-2007) 23.51'- DRIVE �K£yU 0 LUKE M. BUGG E 6E RST R/I/ I STACEY D. BUGG ow TOTAL EASEMENT AREA = 973 SQ. FT.1- LEGEND 5/3/19 m /////////////// EASEMENT AREA S I.. *,.4 w PROJECT CENTERUNE ,�� ,.,, o — EXISTING RIGHT-OF-WAY UNE ,, 0 — o EXISTING PROPERTY UNE 0l� T 10 41964 � 0 50' 4 TEMPORARY CONSTRUCTION EASEMENT nf�s'°AL.LAND$ 11 ui • e (XXXXXX-X-XXX-XXXX) KITSAP CO. TAX PARCEL NUMBER 1^=50' 0 Parametrlx Consent of Lien Holder Wells Fargo Bank, N.A. ("Lien Holder"), is the current holder of a Mortgage /Deed of Trust dated May 23, 2015 as recorded in Instrument No. 201505290061 Book/Page N/A, e by consents to the grant of the foregoing Temporary Construction Easement dated October 4, 2019 and signed by Luke M. Bugg and Stacey D. Bugg, husband and wife to City of Bremerton and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold and the same is hereby deemed to be sold subject to said Easement SIGNED AND EXECUTED this It-01 day of December, 2019. Wells Fargo Bank,N.A., By: CUAC, 044(-0 — Celeste Araneta-Bassiri Vice President Loan Documentation State of Maryland County of Frederick On this I 0 day of December, 2019, before me, the undersigned officer, personally appeared Celeste Araneta-Bassiri who acknowledged himself/herself/themselves to be the Vice President Loan Documentation, of Wells Fargo Bank N.A., a national banking association, and that he/she/they, as such Vice Presdent Loan Documentation, of Wells Fargo Bank N.A., being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the national banking association by himself/herself/themselves as Vice President Loan Documentation. In witness thereof I hereunto set my hand and official seal. Notary Seal/Stamp ._,,a, �,�LEIGH ` t name: e• n/ Kr.// F� ? j NOTARY i�.c 'Publi PUBLIC Ti Mycommission expires: i 0/j D/0Q 00 i ?COMM.EXPIRES: 1� SS 10/12/2020 / ��c iCK COV��,