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HomeMy WebLinkAbout201912300082 AFTER RECORDING MAIL TO: City of Bremerton Attn: City Clerk BREMERTON CITY OF 201912300082 345 6th Street, Suite 100 Easement Rec Fee $ 107 50 Page 1 of 5 Bremerton, WA 98337 Paull 12 Andrr 9 ndews,, K Ki s art tsap Co auditor TEMPORARY CONSTRUCTION EASEMENT Grantors: Bruce Yee and Sandra Yee Grantee: City of Bremerton Abbreviated Legal: Resultant Buccini Line Agreement, AFN 3008361, Ptn Gov Lot 5, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Tax Parcel No.: 172401-1-039-2001 City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project Project Parcel# 11 THIS INSTRUMENT is made this/ day of r 2c 7' ? 4 er , 20 ,''`1' , by and between Bruce Yee and Sandra Yee, 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 EXCISE TAX EXEMPT DEC 3 0 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: .,--: ____ 6 Bruce / Sandra Yee Date: /60/,l,/ Date: l d/ /1 Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT Accepted by City of Bremerton Approved as to form: By: h��►,.,, . By: N/‘. IPA. l Printed : Greg Wheeler Printed Name: prib►aelja Title: City Mayor Title: City Attorney 000,64) Date: 12. 15 1 ZO 19 Date: fl-c' Al STATE OF WASHINGTON ) /� : ss County of 1'/TSB'- /' ) On this / f- day of a-fore r 20 47, before me personally appeared Bruce Yee and Sandra Yee, 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. ` • Notary Public \ State of Washington ANTHONY J MACDONALD Printed; 4,! Id a C/ MY COMMISSION EXPIRES Notary Public in and for he State of APRIL4,2021 Washington, residing at i cai1? My commission expires,4, r'/ 9 2— Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO.172401-1-039-2001 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 1 7240 1-1-039-2001 AND THE RESULTANT BUCCINI PROPERTY OF BOUNDARY LINE ADJUSTMENT RECORDED IN AUDITOR'S FILE NO. 3008361 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 RESULTANT BUCCINI PROPERTY; THENCE SOUTH 25°11'29"EAST ALONG THE NORTH LINE OF SAID RESULTANT BUCCINI PROPERTY A DISTANCE OF 111.78 FEET TO A POINT ON THE SOUTH LINE OF SAID RESULTANT BUCCINI PROPERTY;THENCE NORTH 88°54'11"WEST ALONG SAID SOUTH LINE OF SAID RESULTANT BUCCINI PROPERTY A DISTANCE OF 5.58 FEET;THENCE NORTH 25°11'29"WEST A DISTANCE OF 78.56 FEET;THENCE NORTH 87°53'37"WEST A DISTANCE OF 18.18 FEET;THENCE NORTH 12°11'06"WEST A DISTANCE OF 30.26 FEET TO A POINT ON SAID NORTH LINE OF THE RESULTANT BUCCINI PROPERTY;THENCE SOUTH 88°55'54"EAST ALONG SAID NORTH LINE A DISTANCE OF 16.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 981 SQUARE FEET,MORE OR LESS. 07-30-19 �4Q-',01 Task* t c 1964 � �o a df/ 15 7 ba1 JQ 08, mkt S i EXHIBIT B FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP LAKE ELEMENTARY SAFE ROUTES TO SCHOOL GOV'T LOT 5(SE 1/4 OF THE NE 1/4)SEC.17,T.24 N.,R.1 E.,W.M. KITSAP COUNTY,WASHINGTON _ / i \ i 6p3 HqR 20 < P.O.B. t?8 N(7UC Taw�R1�04 / S88'S5'S4'E S2S aC T44VC £ ,,/r24p1 / \ 16.00' t t 29 t �. CARL 7,05 2� N2Stt, t t.28• `� CAR(a R��5p��3 i N12 172401-1-113-2000) '11'06"W 29h,2$S6 O 6105 DAVID DRIVE (1 72401-1-041-2007 ) 30.26' O JOHN DAVID HH 0O iY / SHQBY LYNNE HIADON/ 6MA1 EENLOW SONE / R/� /\ �tAUREEN DAWSON / ' +pp\/ N8T53'3TW /' N88'S4'11'W / / 18.18' / S , ( 172401-1-039-2001 ) / / / \ / 6047BRHUACRE YEE DRIVE 1 1 72401-1-048-2000 SANDRA YEE 6041 HARLOW DRIVE / `v/ , \ / RESULTANT BUCCINI // DALENE SUE KETfH / / \ / PROPERTY BLA 3008361 TOTAL EASEMENT07-30-19 w AREA = 981 SQ. FT. //// ///I ,.� ,., ., } ///////////////A EASEMENT AREA I � si I 11 — PROJECT CENTERUNE , LL rn — — EXISTING RIGHT-OF-WAY UNE .�//;A/, 1; ' ?C'N'°." N EXISTING PROPERTY UNE Apn 41964 ; may° 0 0 60' 01 �� — TEMPORARY CONSTRUCTION EASEMENT �/O.Aj LSO`' 1"=60' w • Parametrix (XXXXXX-X-XXX-XXXX) KITSAP CO. TAX PARCEL NUMBER 0