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Home My WebLink About202404220174 Return Address: CityClerk CITY O�. BREMERTON 202404220174 Easament Rec Fee $ 311 50 City of Bremerton 04/22/2024 01 34 PM Page. 1 of g Paul. 0odreWs, K).tsWP Co Ruditor 239 Fourth Street Bremerton,WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Easement Agreement Reference Number(s)of Documents assigned or released: N/A Grantor(s): 1. CITY of BREMERTON,a municipal corporation Additional Grantor Grantee(s): 1. MERIDIAN TERRACE,LLC,a Washington limited liability company Legal Description: Northwest quarter of the Southwest quarter of Section 35,T.24N.,R1W.,W.M.,Kitsap (abbreviated) County,Washington Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: 352401-3-030-1006,352401-3-009-1003, 352401-3-010-1000, Project Name: EASEMENT AGREEMENT This easement agreement is between the CITY OF BREMERTON, a municipal corporation ("Grantor") and MERIDIAN TERRACE, LLC, a Washington limited liability company ("Grantee"). Grantor owns real property located in Bremerton, Washington and identified by Kitsap County Tax Parcel Nos. 352401-3-030-1006 and 352401-3-009-1003 (collectively, the "City's Parcels"). The City also owns certain real property identified by Kitsap County Tax Parcel No. 342401-1-001-1006 and used by it for its watershed(the"Watershed Parcel"). Legal descriptions of the City's Parcels and of the Watershed Parcel are attached hereto as Exhibit A. Grantee owns real property located in Bremerton, Washington and identified by Kitsap County Tax Parcel Nos. 352401-3-010-1000, 352401-3-011-1009, and 342401-4-001-1000 (collectively, the"Meridian Parcels"). Legal descriptions of the Meridian Parcels are attached as Exhibit B EXCISE TAX EXEMPT APR 212024 The parties agree as follows: 1. Grant of Temporary Construction Easement. Grantor hereby grants to Grantee a temporary construction easement ("TCE") through, over and across the real property described on attached Exhibit C (the "Easement Area"). The TCE shall be used for relocating the City's gate on West McKenna Falls Road and to install fencing and boulders or eco blocks in a manner that protects and secures access to the City's Watershed Parcel (the "Improvements"). 2. Development, Construction, and Maintenance of Improvements. Promptly following the recording of this easement agreement,Meridian will cause the City's gate on West McKenna Falls Road to be moved to the area shown on Exhibit D and will install fencing and boulders or eco blocks in the areas shown on Exhibit D to protect and secure access to the City's Watershed Parcel. Meridian's work in developing, constructing,and moving the Improvements(the"Work")shall be performed in a good and workmanlike manner, with the worksite kept in a safe and sanitary condition, and with all Work performed in material conformity with good engineering and building practices and all applicable laws,rules,codes,regulations,ordinances,and statutes, and in a manner that prevents: (i) physical damage to the City's Parcels, (ii) impairment of the City's use of the City's Parcels, (iii) impairment of the security of the Watershed Parcel,or(iv) impairment of the normal function of any utilities located on or servicing the City's Parcels. Meridian shall provide the City no less than 20 days advance written notice before commencement of any Work, and shall further cause all Work to be completed by licensed,bonded contractors. Meridian shall be solely responsible for the costs and expense of the Improvements and Work. The City shall have continued access and use of the TCE easement area during the term of the TCE. 3. Termination of TCE. This TCE shall terminate on the earlier of: (a) completion of the Improvements and Work, and (b) one year from the date this easement agreement is recorded with the Kitsap County Auditor's Office. 4. Grant of Access and Utility Easement. Upon completion of the Improvements and Work, Grantor hereby grants and assigns to Grantee for the benefit of the Meridian Parcels a perpetual right, permit, license and easement for the purpose of ingress and egress and utilities over, under, across and upon the real property described in Exhibit C. 5. Restoration. After completion of the Improvements and Work, Grantee shall restore the Easement Area to a condition comparable to its original condition when the Work commenced. If any portion of the City's Parcels are damaged due to the use of the Meridian Easement at any time, Meridian shall promptly replace or restore the City's Parcels to a condition that is substantially similar to that which existed prior to such damage. 6. Insurance. Before commencing any Work within the Meridian Easement area, Meridian shall maintain commercial general liability insurance covering activities arising on or from Work within the Meridian Easement area in an amount of at least $1,000,000 per occurrence and $2,000,000 in the aggregate, together with such other commercially reasonable and customary insurance as the City may reasonably require from time to time. Meridian shall cause the City, at no cost to the City and on a non- contributory basis, to be named as an additional insured on said insurance policy(ies). All insurance shall be with insurers rated at least "A:VIII" in the current edition of Best's Insurance guide. 7. Not a Public Dedication. This agreement shall not be considered to be a gift or dedication of any portion of the City's Parcels or the Meridian Parcels to the general public or for the general public or for any public purpose whatsoever, and this agreement shall be strictly limited to and for the purposes expressed herein. 8. Use by Grantor. Grantee warrant that Grantor will have access to the Easement Area at all times for itself, its employees, and its vendors,to the extent consistent with safety and normal construction practices. 9. Release and Indemnity. Grantee agrees to indemnify Grantor from and against any all claims of liability, loss, damage, expense or actions asserted or arising directly or indirectly from acts or omissions of Grantee and/or its servants, agents, employees, licensees or contractors in the exercise of the right granted in the easement agreement. 10. Liens. Grantee shall pay no later than 30 days of notice, any lien(s) arising directly or indirectly from acts or omissions of Grantee and/or its servants, agents, employees, licensees, and contractors in the exercise of the rights granted under this easement agreement; or alternatively, to promptly arrange for the removal of the lien(s) by establishing an escrow account and depositing a sum of money equal to 150% of the amount of the lien(s) if the lien(s) is or are disputed by Grantee. 11. Covenants Running with the Land.The easement and the obligations and restrictions hereby imposed and the agreements contained herein shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns, including without limitation, subsequent owners of the Meridian Parcels and the City Parcels and all persons or entities claiming through and/or under them. 12. Counterparts. This agreement may be executed in counterparts, each of which will be deemed to be an original, but all of which, taken together, will constitute one and the same agreement. Execution by facsimile, by scanned attachments, or by electronic signature has the same force and effect as an original. 13. Modification. No amendment of this agreement will be effective unless it is in writing and signed by the parties. 14. Governing Law; Attorney's Fees. This agreement and all claims or cause of action arising out of, or relating to this agreement will be governed by and construed in accordance with the laws of the State of Washington without regard to the chosen jurisdiction's choice-of-law principles. If any dispute arises concerning this agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs. GRANTOR: CITY OF BREMERTON Date: 4 J , 202 Li By: �j -�`" Greg ler Mayor GRANTEE: MERIDIAN TERRACE, LLC Date: Ai) '-L ( 3 f , 2021 By: ' David L towitz Member STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Vame of person) is the person who appeared before me, and said person acknowledge that (he/she) signed the instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the (type of authority, e.g., officer, trustee, etc.) of (na444.0-of-par-ty-oii f ��f wi �iism—mstr-ums exec-14,M) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. c,,...btir 0. V` . r r:?=• ' rt cr-o%a,t L--k-d. GIVEN under my hand and official seal this y , 2 NOTARY IC in a the MARISA N BALLOU State of Was ington Notary Public Residing at: ,Fe, , State of Washington ; My Commission Expires: ra.13 S f 1..0 2 , Commission Number 203867 My Commission Expires S 12/30/2026 STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) CS r-c DA l.a 1-1-c,C1-e_r- I certify that I know or have satisfactory evidence t at( on) is the person who appeared before me, and said person acknowledge that (h /she) signed the instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the (type of a , officer, trustee, etc.) of (nanie—of—par-t-y-on behalf of whom instrument was executed) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. G VJO tr 0 f- 6,1*+. 0 6 rirrt-eyA-0 ,n GIVEN under my hand and official seal this`'..day off r j I , 202\0 �„o E Ho ,,,i� NOTARY BLIC in and for the ..�` C".�ssioN'F •�0'',, State of Washin t n , T. o�p9'08-202;/�;�: % Residing at: 1T S A e , .. V N• OTAR N �' My Commission Expires: 0 q IoJ _oi 3 PUBLIC �:_ °,.,1j ;�n,Num'� °G'�`�.. ',''w,OFrWASN;;o EXHIBIT A LEGAL DESCRIPTION OF THE CITY'S PARCELS AND THE WATERSHED PARCEL Kitsap County Tax Parcel No: 352401-3-030-1006 A STRIP OF LAND TWENTY (20) FEET WIDE BEING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M.: THENCE SOUTH 746.47 FEET ALONG THE WEST LINE OF SECTION 35 TO THE CENTERLINE OF THE EXISTING ROADWAY AND THE TRUE POINT OF BEGINNING, THENCE NORTH 89° 35' 30" EAST 600.90 FEET; THENCE SOUTH 86°40'00" EAST 393.36 FEET MORE OR LESS TO THE EAST LINE OF THE WEST 30 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M. Kitsap County Tax Parcel No: 352401-3-009-1003 THAT PORTION OF THE WEST THREE QUARTERS OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 WEST, LYING SOUTHERLY OF COUNTY ROAD NO 184, AND NORTHERLY OF THE NORTHERLY LINE OF 20-FOOT STRIP OF LAND CONVEYED TO CITY OF BREMERTON UNDER AUDITOR'S FILE NO. 841026 SITUATE IN KITSAP COUNTY, WASHINGTON. Kitsap County Tax Parcel No: 352401-1-001-1006 (Watershed Parcel) SECTION 34, T 24 N, R 1W,W.M. IN KITSAP COUNTY, WASHINGTON EXCEPT THE S1/2,SW1/4 AND THE S1/2, SE 1/4 , THEREOF. TOGETHER WITH VACATED MINARD ROAD PER AFN 2012060199. EXHIBIT B LEGAL DESCRIPTION OF MERIDIAN PARCELS PARCELS 3,4,5 (352401-3-010-1000); (352401- 3-011-1009); and (342401- 4-001-1000) (3) The West three-quarters of the Northwest one-quarter of the Southwest one- quarter, Section 35, Township 24 North, Range 1 West, W.M., in Kitsap County, Washington, lying Southerly of the Southerly line of the 20-foot strip of land conveyed to the City of Bremerton under Auditor's File No. 841026. (4) The Southwest quarter of the Southwest quarter, Section 35, Township 24 North, Range 1 West, W.M.,in Kitsap County ,Washington; Except the East half of the East half thereof. (5) The Southeast quarter of the Southeast quarter , Section 34, Township 24 North, Range 1 West,W.M. ,in Kitsap County Washington. EXHIBIT C LEGAL DESCRIPTION OF EASEMENT AREA PARCEL 1 (352401-3-030-1006) (Reference AFN 841026) The East 360 feet of the following described parcel: A strip of land twenty (20) feet wide being 10 feet on each side of the following described line: Beginning at the Quarter Corner common to Sections 34 and 35, Township 24 North, Range 1 West, W.M.: Thence South 746.47 feet along the West line of Section 35 to the centerline of the existing roadway and the true point of beginning, thence North 89° 35' 30" East 600.90 feet; thence South 86°40'00" East 393.36 feet more or less to the East line of the West 30 acres of the Northwest quarter of the Southwest quarter of Section 35, Township 24 North, Range 1 West, W.M. PARCEL 2 (352401-3-009-1003) (Reference AFN 909710) The South 10 feet of the East 360 feet of the following described Parcel: That portion of the West 3/4 (three quarters) of the Northwest quarter of the Southwest quarter of Section 35, Township 24 North, Range 1 West, lying Southerly of County Road No 184 , and Northerly of the Northerly line of 20-foot strip of land conveyed to City of Bremerton under Auditor's File No.-841026 Situate in Kitsap County, Washington. , 1 Ic ' 1I _ I 1 - 1 I i o n n - I` 'pIA A11 1 n • m \ 1 - a N 'qrpn 1 z f.' I l NO • 1 � •\ I 11 tir'� om� F"D� • I/ ,l lamp or-O N Z O Z 1 1 • l 41_ • � mm I ' ' \ ; iL Ia I N / rl WA / / :, o i / / H t7'9 1:7 Z.. 1 I � oaoo o=3a Onm f F II o / zaoZ+a z!rWom� ="p0.o , N tV '<e)1 / RCa 1 90 // ,z o v Amm i ^ N , Crn0 : 2 JTh �g / tri m , r - Z / Hn�"QFn m , , / J / /_ n ' SIN / m't ›-r z I' ' //// , 1 / / 1 g 3" 1 t,ozzrsa'c III/,: 41 a'Z y � / /.o� , Y XI/F7,e,/ «n R • •yzi r , vo,v / 11 // I 1 AI I, / I v 1 8 Y I 1 , / g z _ s � 5 1 A / / �/ � gag = 9a / / / ? - Se kin RCA EXHIBIT FOR RECIPROCAL EASEMENT AND TEMPORARY EASEMENT FOR GATE RELOCATION BETWEEN THE CITY r_ —�- OF BREMERTON AND MERIDIAN TERRACE LLC Portions of the\V.1/2 of ow SW 1/4 of Section 35,Township 24 North, . Ranee I West,W.At.,\Kitsap County,Washington. REVISIONS 5r n.1c FOR; ,+. 1"=21I' NO o.,e s. CC_<0Pnj!. CO,. A N.L.Olson ScAssociates,Inc. David Lilowilz 'lc',1_zo_e — — ----. I[npin<cOee.Fern sogwWSunging P.O.nos 2511E oa.w,cxvc+w ..-r oeoe. .�_ Federal Way,WA 98082 11016-211