HomeMy WebLinkAbout9304280026· - ~.~ED-BY, BREHER:uN ,.d~ f OF
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KAREN ~" ~
r'L*NN~ AUDITOR
TE~POI~AY CONSTRUCT/ON EASEMENT
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19 ~__~, by and between the City of Bremerton, a first class
municipal corporation, (hereinafter referred to as "Grantee"); and
the State of Washington, Military Department, (hereinafter referred
to as the "Grantor").
FOR AND IN CONSIDERATION of Grantee's development of adjacent
property as a public park and recreation facility benefitting the
public, Grantor, State of Washington, Military Department, hereby
conveys to Grantee, temporary easement over and across the property
described below:
REEL 07]~ FR O7:~O
LEGAL DESCRIPTION:
A portion of Section 21, Township 24 North, Range 1 East,
Willamette Meridian, more particularly described as
follows:
Beginning at the center of Section 21, Township 24 North,
Range 1 East, Willamette Meridian, Kitsap County,
Washington, being the true point of beginning; thence
North 89050'37'' East, 1329.71 feet; thence South
00o31'30'' West, 2661.83 feet; thence North 89057'45''
West, 1329.43 feet to the 1/4 corner between Sections 21
and 28; thence North 00°31'10'' East, 2657.35 feet to the
point of beginning, containing 81.175 acres, more or
less.
TEMPORARY EASEMENT DESCRIPTION:
The easement shall be thirty-five feet (35') in width,
extending westerly from Linden Street dedicated within
the above parcel, beginning at a point to be agreed upon
in a signed, acknowledged writing by the parties. The
written agreement shall reference this Temporary
Construction Easement Deed and be filed with the
Bremerton County Auditor.
~IT~P COUNTY
SUBJECT TO THE FOLLOWING:
1. The easement shall be used by Grantee, its contractors and
employees, for access to the City's parcel adjoining Grantor's
parcel to the west, for development of the City's parcel as a
park and recreational facility (hereafter Pendergast Regional
Park). The easement shall not be open to the public.
2. Access will be restricted to daylight hours, unless previously
coordinated in advance with Grantor.
3. Grantee may transfer this agreement only after obtaining
written permission from Grantor.
4. Grantee agrees to record this Easement Deed with the Kitsap
County Auditor within (5) working days of receiving the
executed instrument from Grantor and Grantee shall provide
Grantor with a true copy of the recorded instrument.
5. The Grantee, its successors or assigns shall hold Grantor
harmless from any and all liability and claims which may be
asserted against the Grantor or Grantee as a result of this
easement or the exercise of the authority granted by the
easement. F. #: 9304280026
REEL. 0714 FR 0731
6. The failure of the Grantor to, at anytime, enforce the
provisions of this easement shall not be deemed a waiver of
its rights to later enforce that or any other provision of
this easement.
7. The parties, their successors and assigns may seek such
interim relief in law and equity as they may deem necessary to
enforce the terms of this easement. Should it become necessary
for either party to institute legal proceedings to enforce the
TEMPORARY CONSTRUCTION EASEMENT-2-
Military. Eas - 3/31/9~
terms of this easement, the substantially prevailing party
shall be entitled to its costs thereof and reasonable attorney
fees.
8. This easement shall terminate upon the earlier of: (a)
completion on an alternate public access to the Pendergast
Regional Park; or (b) two years from the date this easement is
executed.
9. Grantee shall bear the costs of all easement improvements and
shall remove said improvements and restore the easement to its
original condition upon termination at the request of the
Grantor. Grantee shall take any and all actions necessary to
prevent damage to Grantor's property, including dust, erosion,
and contamination, and will indemnify Grantor for any damages
to Grantor's property resulting from use of the easement.
IN WITNESS WHEREOF, this Temporary Easement has been duly executed
by the parties hereto, to be effective on the day and year first
above written. ~= ~r. ~: ~;'3042~,0026
REEL 07 4 FR 0732
STATE OF WASHINGTON
MILIT~Y DEPARTMENT APP~O F~
"
Assistant Director CP/FP ASSIST~ ATTO~EY GENE~L
G~NTOR
By: ~ ~ ~ ~:
LOUIS MENTOR
Mayor ~~~
G~NTOR
TEMP0~RY CONSTRUCTION EASEMENT-3 ~
MG G~EGORY P BARLOW
The Adjutant General
STATE OF WASHINGTON
MILITARY DEPARTMENT
Camp Murray · Tacoma, Washington
April 8, 1993
Mayor Louis Mentor
City of Bremerton
239 4th Street
Bremerton, WA 98310
SUBJECT: Temporary Road Easement, Bremerton National Guard Armory
Dear Mayor Mentor,
Enclosed please find a properly executed Temporary Road Easement
allowing your construction crews access to the Pendergast Complex.
I have received the Memorandum of Agreement back from the Attorney
General and The Adjutant General properly executed and have
forwarded them to Pope Resources for execution.
As you probably already know we are trying to set up a meeting of
the parties to get the planners all in one room.
At that meeting we can also agree on the exact location of the
Temporary Easement.
If you need any additional information or have any questions,
please call me at (206) 581-8402.
Sincerely,
R. Neil Horman
Real Property Manager
Washington Military Department
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