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HomeMy WebLinkAbout9304280026· - ~.~ED-BY, BREHER:uN ,.d~ f OF "' APR 2B, ~, ~:37 AH KAREN ~" ~ r'L*NN~ AUDITOR TE~POI~AY CONSTRUCT/ON EASEMENT CLERK:~' ~KV ~ENE~,.. 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 encl