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HomeMy WebLinkAbout201908010146 AFTER RECORDING MAIL TO: City of Bremerton Attn: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 PACIFIC NORTHWEST TITLE 20190801 1146 Easement Rec Fee $ 107 50 334 08'01/2019 01 48 PM Page 1 of 5 Paul Andrews, Kitsap Co Auditor TEMPORARY CONSTRUCTION EASEMENT Grantors: Cari M. Burnham Grantee: City of Bremerton Abbreviated Legal: Ptn Gov Lot 6, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Tax Parcel No.: 172401-1-024-2008— Portion of City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project Project Parcel#3 THIS INSTRUMENT is made this '- — day of f'/(td , 20 /� by and between Cari M. Burnham, a single woman, as her separate estate, 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 AUG 01 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: • Cari M. Burnham Date: as 9- Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT Accepted by City of Bremerton: Approved as to form: By: W JVAAAJJ2-'+ By:.iw.Kay.% Printed Name: Gres 01%tt kt,t Printed Name: NW/twit Q'L+11 Title: Mayor Title: City Attorney Date: G 1 gyp ' t °t Date: ""gl STATE OF WASHINGTON ) 1 : ss County of rS/}r ) On this Z ZPI--/ day of /'J4 I/ 20 i-/, before me personally appeared Cari M. Burnham, 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. 4 /1 d Notary Public State of Washington Prin ed Name: btiOdlf �-/. Noe1 'Ia ANTHONY J MACDONALD Notary Public in and for the State of MY COMMISSION EXPIRES ,,!, APRII 4,2021 j Washington, residing at r ,0ert al My commission expires Xpril q) 2-42 Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO.172401-1-024-2008 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 172401-1-024-2008 AND THAT PARCEL OF LAND DESCRIBED IN STATUTORY WARRANTY DEED RECORDING NUMBER 201112220102 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;THENCE SOUTH 58°46'09"EAST ALONG SAID WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY A DISTANCE OF 180.95 FEET TO THE NORTH CORNER OF SAID PARCEL;THENCE SOUTH 46°48'13"WEST ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 17.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57°58'59"EAST A DISTANCE OF 102.80 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL;THENCE SOUTH 46°36'34"WEST ALONG SAID SOUTH LINE A DISTANCE OF 5.17 FEET;THENCE NORTH 57°58'59"WEST A DISTANCE OF 23.39 FEET;THENCE SOUTH 35°10'06"WEST A DISTANCE OF 11.02 FEET;THENCE NORTH 56°58'47"WEST A DISTANCE OF 32.00 FEET;THENCE NORTH 31°49'27"EAST A DISTANCE OF 10.44 FEET;THENCE NORTH 57°58'59"WEST A DISTANCE OF 46.80 TO A POINT ON SAID NORTH LINE;THENCE NORTH 46°48'13"EAST ALONG SAID NORTH LINE A DISTANCE OF 5.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 861 SQUARE FEET,MORE OR LESS. 5!3/19 4Q.-• 0us4js�ir•p ./ F Y 7. 41964 , e, fss;o44t. 0 " 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 LAKE TEMP CONST 116+p0 - NURST (RAI- 0' S46'48'13"W EASEMENr� _ m 17.43' - n 115+00' 1 r -i i E A02200 I \ O., 11A+0o/ S5T559 S4-6136'34'W I----- 113+00 bry HAR��W�RNE�95 N4648'13'E P0'8 /� / 1 5.17' I — i __!PROPOSED�� 23 39' S9'WL - POWER N5758'S9"W N31149'27"E N56158'47"W S35'10'06'W \\______ !�- 1.-' EASEMENT 46.80' I 10.44' 32.00' 11.02' PROPOSED (172401-1-025-2007 ) I r S\DEw�K 6406 LAKE DRIVE I 1724 0 SCOPE LUKE M. BUGG 1 6223 0,'1\p I EMES1 STACEY D. BUGGI 172401- _ e 22S 64\2009 ARI M RB�RN E8 CpR� HEN 1 OR/ Vf I w a TOTAL EASEMENT AREA J=/861 SQ. FT. 5/3/19 LEGEND ///////////////// EASE ENT AREA �� o.'PUS - PROJECT CENTERUNE m bR5 -" ��h, di 4 N - - EXISTING RIGHT-OF-WAY UNE ,f /�'%;, ' ' o EXISTING PROPERTY LINE ' te 41964 �e T 2 - - TEMPORARY CONSTRUCTION EASEMENT ' 4.... r�44', t LANfl S\ di a (XXXXXX-X-XXX-XXXX) KITSAP CO. TAX PARCEL NUMBER 1^=50' o Parametrix Department ofrt...4. - . ' Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-6IA WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑Check box if partial sale,indicate% sold. List percentage of ownership acquired next to each name. IIII Name Cart M Burnham as her separate estate U Name City of Bremerton.a Washington municipal a L corporation a z Mailing Address 6237 Harlow Drive Mailing Address 345 6th Street,Suite 100 a v,1: City/State/Zip Bremerton.WA 98312 mac City/State/Zip Bremerton,WA 98337 Phone No.(including area code)(206)708-3412 Phone No.(including area code)(360)473-5290 1111 Send all property tax correspondence to:0 Same as.Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name PTN 172401-1-024-2008 0 $318.550 Mailing Address n City/State/Zip n Phone No.(including area code) n © Street address of property: 6237 Harlow Drive This property is located in Bremerton ❑Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See Exhibit"A" Select Land Use Code(s):111 In List all personal property(tangible and intangible)included in selling 45-Highway and street right of way I price. enter any additional codes: None (See back of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferral under 0 ❑ chapters 84.36,84.37,cr 84.38 RCW(nonprofit organization,senior citizen,or disabled person,homeowner with limited income)? IIIYES NO If claiming an exemption,list WAC number and reason for exemption: Is this property designated as forest landper chapter 84.33 RCW? 0 0 WAC No.(Section/Subsection) 458-61A-206(1) Is this property classified as current use(open space,farm and ❑ El agricultural,or timber)land per chapter 84.34 RCW? Reason for exemption Under threat of eminent domain Is this property receiving special valuation as historical property ❑ ❑✓ per chapter 84.26 RCW'? If any answers are yes,complete as instntded below. Type of Document Temporary Construction Easement (1)NOTICE OFCONTINUANCE(FOREST LAND OR CURRENT USE) / CI NEW OWNER(S):To continue the current designation as forest land or Date of Document /�Q yr � .1 2% : 1 7 classification as current use(open space,farm and agriculture,or timber)land, 1,257.00 you must sign on(3)below.The county assessor must then determine if the Gross Selling Price $ land transferred continues to qualify and will indicate by signing below.If the *Personal Property(deduct) $ land no longer qualifies or you do not wish to continue the designation or Exemption Claimed(deduct) $ 1,257.00 classification,it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale.(RCW Taxable Selling Price $ 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Excise Tax:State $ 0.00 your local county assessor for more information. • 0.0050 Local $ 0.00 This land ❑does ❑does not qualify for continuance. *Delinquent Interest:State $ Local $ DEPUTY ASSESSOR DATE *Delinquent Penalty $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) NEW OWNER(S):To continue special valuation as historic property, Subtotal $ 0.00 sign(3)below.If the new owner(s)does not wish to continue,all *State Technology Fee $ 5.00 additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor at the time of sale. *Affidavit Processing Fee $ 0.00 (3) OWNER(S)SIGNATURE Total Due $ 10.00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX °SEE INSTRUCTIONS ® I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Gra or's Age Grantee or Grantee's Agent Name(print) r L Name(print) Gilt i'At( Q r Date&city of signing: atm - 1.\__ ��Q Date&city of signing: t� i t' t C " Perjury:Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)). REV 84 0001a(09/06/17) THIS SPACE-TREASURER'S USE ONLY COUNTY TREASURER EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO.172401-1-024-2008 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO.172401-1-024-2008 AND THAT PARCEL OF LAND DESCRIBED IN STATUTORY WARRANTY DEED RECORDING NUMBER 201112220102 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;THENCE SOUTH 58°46'09"EAST ALONG SAID WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY A DISTANCE OF 180.95 FEET TO THE NORTH CORNER OF SAID PARCEL;THENCE SOUTH 46°48'13"WEST ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 17.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57°58'59"EAST A DISTANCE OF 102.80 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL;THENCE SOUTH 46°36'34"WEST ALONG SAID SOUTH LINE A DISTANCE OF 5.17 FEET;THENCE NORTH 57°58'59"WEST A DISTANCE OF 23.39 FEET;THENCE SOUTH 35°10'06"WEST A DISTANCE OF 11.02 FEET;THENCE NORTH 56°58'47"WEST A DISTANCE OF 32.00 FEET;THENCE NORTH 31°49'27"EAST A DISTANCE OF 10.44 FEET;THENCE NORTH 57°58'59"WEST A DISTANCE OF 46.80 TO A POINT ON SAID NORTH LINE;THENCE NORTH 46°48'13"EAST ALONG SAID NORTH LINE A DISTANCE OF 5.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 861 SQUARE FEET,MORE OR LESS. 5/3/19 ...t,,,Ist .. /�4, . I, . 90„ 41964 Aox