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HomeMy WebLinkAbout9602200050 TAX EXEMPT : ][,A~EIKEI~ FOR ROADI~AY ~ ~IL~T~R~ KITSAP CO~ ~N~ TREASURER THIS ~GRE~T , 199~, by and among the following parties: 1. / McCo~ick Land Company, Inc., a Washington corporation, located at 4978 S.W. Lake Flora Road, Port Orchard, Washington 98366 ("Grantor"); 2. City of Bremerton, c/o Bremerton City Clerk, 239 Fourth Street, Bremerton, Washington 98327 ("Bremerton"); and 3. Ellen B. Lunde and Ronald S. Sciepko, husband and wife, 3023 West State Highway 16, Br~erton, Washington 98366 ("Sciepko"). RECITES Grantor is the o~er of that certain real property located in Kitsap County, Washington, as generally referenced as "Campus Station Development" on E~ibit "B" hereto. Bremerton owns the adjacent 340 acre parcel, s~ject to an amended purchase option in favor of Sciepko as to 168 acres thereof. Grantor also has a right of first refusal as recorded under Kitsap County Auditor's File No. 8711200022 as to a portion of the 340 acre parcel. Sciepko o~s approximately 75 acres of the parcel that is identified as the "Sciepko 76 acres" on E~ibit "B". The parties intend, but do not hereby presently undertake, that upon Sciepko's exercise of their option rights to ac~ire the 168 acres, a roadway may be constructed which, if built, would serve for access and utilities running in a generally northerly/southerly direction from Old Clifton Road to Highway 16 and crossing through Grantor's land, the 340 acres and Sciepko's 76 acres (as such parcels are illustrated on E~ibit "B"), and which, if built, would serve all three such parcels and eventually become a public roadway. The parties desire now to provide generally for the location of the eventual 80 foot roadway right-of-way to cross Campus Station Development NOW, THEREFORE, it is agreed as follows: AGRE~E~ 1. Gra~t of Easement. For and in consideration of ten dollars ($10.00) in hand paid, and other good and valuable consideration, including the mutual benefits provided herein, Grantor grants and conveys to Bremerton and to Sciepko and to the respective successors and assigns of Bremerton and of Sciepko in perpetuity for the use and benefit of that certain real property referenced on Exhibit "B" as the "340 acres" and "Sciepko 76 acres" as more particularly described in Exhibits "C" and "D" respectively, a perpetual non-exclusive easement for right-of-way, FiLED-BY; BREMERTON CITY OF FEB 20, ~99b, 9:34 AM KAREN FLYNN~ AiJDITOR CLERK: FREEMAN A. F= ~: 9602200050 REEL ingress and egress, road access and utilities over, under, across and through the 80 foot right-of-way illustrated in Exhibits "A# and "B" and as described in Exhibit "E" (hereafter referred to as "the 80 foot right-of-way"). Notwithstanding such grant of easement, Grantor reserves the right prior to construction of any such roadway within the right-of-way, in its sole discretion, to modify the actual placement of the right-of-way and concurrently therewith to cause to be amended this Easement Agreement, provided that the resulting easement shall provide Bremerton and Sciepko substantially equivalent access to the 340 acres and the Sciepko 76 acres. Bremerton and $ciepko also undertake to amend this easement in the event Grantor requests such an amendment in conformity with this paragraph 1. Z. Reoordin~. This Agreement, and the amendment hereto, shall be recorded promptly upon signing with the Kitsap County Auditor. $. Construction and Installation of Roadway and Utilities and Remairs Thereof. (a) No Duty to Construct Roadway. No party in this Agreement undertakes any duty with respect to the construction or repair of any actual roadway or any utility to be constructed upon or installed within the 80 foot right-of-way. Unless otherwise subsequently agreed in writing no party shall be under any obligation to construct or install any roadway or utility or to repair any of the same within the 80 foot right-of-way or otherwise affecting any of the real property to be served thereby. (b) Termination of Existinq Easement Upon Completion of Roadway in New Easement. Under paragraph 6, page 3 of the Real Estate Purchase, Sale and Exchange Agreement of October 8, 1987, 3.b., Bremerton has an existing 30 foot easement for access and utility purposes located along the existing roadway at Grantor's Campus Station Development ("the existing easement"). When a new roadway is built pursuant to this easement, the existing easement will be terminated forthwith and Bremerton will then cause to be recorded an appropriate acknowledgement of such termination. 4. Indemnification. Each party using the 80 foot right-of- way shall indemnify the others from and against any claim by such user, its licensees, guests or invitees from and with respect to the injury, harm, loss or damage arising out of such party's use of such 80 foot right-of-way; except only an injury or loss suffered due to the intentional misconduct or the gross negligence of the other party. This indemnity shall extend to and include the reimbursement in full of all defense costs reasonably incurred, including reasonable attorneys fees and indemnity. 5. Benefit of Covenants. The rights and obligations set forth in this Easement Agreement shall inure to and be binding upon e\~tcf, g~ 2 L 0897 FR ~566 the heirs, successors and assigns of the parties hereto and shall constitute perpetual covenants running with the land. 6. Further Cooperation. Each party undertakes to extend to the others such further cooperation as may reasonably be required in the opinion of counsel for any party, fully to implement the intent of thisAgreement, including the execution and delivery when reasonably required in the opinion of counsel for any party, of additional or other documents. No such cooperation or additional documents shall expand, increase, modify or diminish the rights and obligations of any party to this Agreement. IN WITNESS WHEREOF the parties execute this Easement Agreement on the day and year first written above. GRANTOR: GRANTEES: McCORMICK LAND COMPANY, INC. CITY OF BREMERTON Its: / ' ORTON, Mayor {ts~ U~ ~(~- ~ ~( ~¢k KATHLEEN -USKEY, ~lerk Appro~~.rm: City Attorney E~LA~_2~z~'ITND E &. F. #.' REEL O,iB,~7 FR 'J. 567 e\44~tcf, gpw 3 STATE OF WASHINGTON ) : SS. County of Kitsap ) On this .~ day of ~~' , 199~, before me, the undersigned, a Notary Public~ in and for the state of Washington, duly commissioned and sworn, personally appeared Z-/~JD/~ ~. ~'~/6~C~ and ~ ~~ . . to me ~O~ to ~ ~e ~d~ and~~espectlvely, of McCo~ick ~nd Company, Inc., the corporation that executed the within and foregoing inst~ent, and acknowledged said instr~ent to be ~e free and voluntary act and deed of said corporation, for the uses and purposes ~erein mentioned, and on oath stated that they are au~orized to execute said inst~ent and that the seal affixed is ~e corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above ~itten. ~ ~ __> <~ ~ [Prlnt Name] ~l~ ~ ~Q~e~ ~.~% ~0B~%~ ~ NOT~Y P~LIC in and for the State ~",~,~. (gj~ of Washin~on, residing at ~ 0~,~ %,~ '~,,,~.~:~ My appointment e~ires: ~1-O-q~ STATE OF WASHINGTON ) : ss. County of Kitsap ) On this ~2~ day of ~.~A~, 199~_, before me, the undersigned, a Notary Public in and ~or the state of Washington, duly commissioned and sworn, personally appeared Lynn Horton and Kathleen McCluskey to me known to be the Mayor and the Clerk of the City of Bremerton, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed is the corporate seal of said municipal corporation. 961:12200050 EEL 0897 FR 1568 e\44~tcf, gpw 4 Witness my hand and official seal hereto affixed the day and year first above written. ~.' ,.,¢;.~ OT,'L'., ~. '~ :~ .... .~: ~ NOT~Y P~LZC-in ~d fo~e ~tate ~: ~% .'> of Washington, resxdin a~ "~' ~ ~ ~ ~:: -" ~".': My appointment e~ires STATE OF WASHINGTON ) County of Kitsap ) undersigned, a Notary ~blic in and fo~ the state of Washington, duly co~issioned and sworn, personally appeared Ian R. Sievers to me kno~ to be the City Attorney of the City of Bremerton, the municipal corporation that executed the within and foregoing inst~ent, and acknowledged said instr~ent to be the free and voluntary act and deed of said municipal corporation~ for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instr~ent and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first a~ve ~itten. .~..:~ . ~ : L~n~ Name] ~Q~ ~,~,~ F C,~ NOT~Y PUBLIC ~n and for ~ State ~.¢.%¢~, ¢, ..~ c of Washington, residing at'~~ ',~"%¢m~.%~tR ~..;~ ...... ' .;-',c,< My appointment e~ires: STATE OF W~SHINGTON ) County of ~ ) On this day personally appeared before me Ellen B. Lunde and Ronald S. Sciepko to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. /i. F. #: 9602200050 REEL 11897 FR ~569 e\44~tcf, gpu 5 GIVEN under my hand and official seal this ~L~ day of ('~ ,,.3 .-,/~, ,...- --) , 199~ .-~%_..~.,N,L.m 1~~ [PrintName] ]~,~-~.;~ .~/ L . ~,'3 , .--- ~'~'C~,~% NOTARY PUBLIC in and for t~e State ~ ~0~R~ ~ of Washington, res.iding at ~ ~ ~,~_! ,, My appointment explres: ~ A - z r-~9 A.F.#: 9602200050 REEL 0877 FR 1570 e\44~tcf, gpu 6 · ' :" '~-~ ~o~ ' ' "J ~' ' . q.o~° ',- :: ..... ': _., ~ ~ · . -,', ~ , ,. ,~, · ., ~ ~ ..... ..;:: · , ] ' / " . · .;~tl -~ ~ ) ,, '; · ' tO0 '~ , .~ ~ : ~ ~,. ~ ' ~0~ . · . ..'. ,' . ...~ ..: J i / ~ ~. . / ~ATI~ ~OEVELOPM~T ~ ' EXHIBi~ B ,, ,.. /" ' ~ P ROPOS ED 80'.1" = RIGHTIO00, OF / _ File #90370 . = Sciepko Project ~~,~.../~/ October 25, 1995 A.F. #: 9 ,0220o05o REEL 0897 ER ~57~ OCT. z~ ~ t~S LEGAL DESCRIPTION WATERSHED PROPER~ That portion of Section 33, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: The South 260 feet of the Northeast Quarter of the Southwest Quarter; ALSO the Southeast Quarter of the Southwest Quarter; ALSO the South 500 feet and the East 520 feet of the Southwest Quarter of the Southeast Quarter; ALSO the East 520 feet of the South Half of the Northwest Quarter of the Southeast Quarter; AND that portion of Section 4, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington, describgd as follows: The Northwest Qu~-~er; ALSO the West Half of the Northeast Quarter; EXCEPT the following: BEGINNING 660 feet North of the Southeast corner of the Northwest Quarter of the Northeast Quarter; thence 732.27 feet; thence North to section line; thence East 732.27 feet; thence South to BEGINNING; ALSO EXCEPT the following: BEGINNING at the Southeast corner of the Northwest Quarter of the Northeast Quarter; thence North 02°22'17" East along the east line thereof 330 feet to the POINT OF BEGINNING; thence North 88°56'24'' West along a line which is parallel with said south line of said Northwest Quarter of the Northeast Quarter, a distance of 1311.92 feet to the west line of said Subdivision; thence North 02°18'38" East along said west iine 330 feet; thence South 88°56'24'' East 1312.27 feet to the east line of said Subdivision; thence South 02°22'17" West along said east line 330 feet to the POINT OF BEGINNING; EXCEPT the West 184.8 feet thereof. Exhibit "C" LEGAL DESCRIPTION SCIEPKO 7.6 ~cres The North Half of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 5, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington; ALSO the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 5, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington; ALSO the East Half of the Southeast Quarter of the Southeast Quarter of Section 32, Township 24 North, Range 1 East, W.M., in Kit. sap County, Washington; ALSO the Southwest Quarter of the Southwest Quarter of Sec'don 33, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; EXCEPT a Tract in the Northwest described as follows: BEGINNING at the Northwest comer of said Southwest Quarter of the Southwest Quarter; thence East along, the north tine of said Southwest Qua~er of the Southwest Quarter, a distance of 131 feet, more or less, to the centedine of a creek and the TRUE POINT OF BEGINNING; thence continuing East 400 feet; thence South parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 544.5 feet; thence West parallel with the north line of said Southwest Quarter of the Southwest Quarter, a distance of 400 feet, more or less, to the contadina of the creek; thence Northerly along the centerline of said creek to the TRUE POINT OF BEGINNING. ALSO That portion of Section 32, Township 24 North, Range 1 East, W.M., described as follows: BEGINNING at the Southeast comer of Government Lot 2 of said Section 32; thence North 88°17'22" West 330.01 feet; thence North 01"56'36" East 401.06 feet, more or less, to the Southerly margin of State Highway; thence Easterly along said Southerly margin to its intersection with the east line of said Government Lot 2, said ~oint bearing North 01°50'1B" East of the POINT OF BEGINNING; thence South 01°50'16" West along said east line of Government Lot 2 to the POINT OF BEGINNING; Except the following described parcel: BEGINNING AT A POINT WHICH IS NORTH 88°17'22'' WEST 105.01 FEET FROM THE SOUTHEAST CORNER OF LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE i EAST, W.M.; THENCE NORTH 88°17'22" WEST 113.40 FEET; THENCE NORTH 1°56'36'' EAST 385.32 FEET TO THE SOUTH MARGIN OF HIGHWAY; THENCE FOLLOWING HIGHWAY EASTERLY 113.52 FEET TO A POINT WHICH IS NORTH 1°56'36" EAST 379.50 FEET FROM POINT OF BEGINNING; THENCE SOUTH 1°56'36'' WEST 379.50 FEEl~ TO BEGINNING, A. F. #"- 960221]~105O REEL 0897 FR 1574 Exhibit "D" File #90370 Sciepke Project October 25, 1995 LEGAL DESCRIPTION EIGHTY FOOT (80') RIGHT-OF-WAY An 80-foot wide strip of land lying within the East Half of Section 5 and within a portion of the Northwest Quarter of the Northwest Quarter of Section 4, Township 23 North, Range 1 East of the Willamette Meridian in KJtsap County, Washington, the Westerly margin of said 80-foot wide is described as follows: BEGINNING at the intersection of the North right-of-way margin of Old Clifton Road and the west tine of the Southeast Quarter of the Southeast Quarter of said Section 5; thence West along said Northerly margin of Old Clifton Road 60.00 feet to the POINT OF BEGINNING; thence North parallel with and 60 feet normal distant from the west line of the Southeast Quarter of the Southeast Quarter of said Section 5, a distanc_e of 1076.00 feet; thence in a Northeasterly direction to the Northwest corner of the Southwest Quarter of Section 4, Township 23 North, Range 1 East of the Willamette Meridian, also being the terminus of this Westerly margin of said 80-foot wide strip of land. The sidelines of sai.d_=.80-foot wide strip of land shall be extended or shortened to intersect the North margin of said Old Clifton Road and the north line of the Southwest Quarter of said Section 4. ~ - The above legal description was composed based upon "Exhibit A" , Area Site Plan Drawing No. 954577C-401744 as prepared by Norman L. Olson and Associates, Inc., dated 9-6-95. ,~ A.F. #: 9&02200050 ' EXcisETAXE×EN PI* REEL 0897 FR 1575 FI~, 16 1996 ~.~.~:~ KITSAP CouNTY ' )'- ........... TREASURER Exh±b±~ ADMINISTRATIVE SERVICES KATHLEEN McCLUSKEY, DIRECTOR C, atet~y to the Olym!dcs and Horn~ of the Pu g.~ 5ound Naval ShiFyard February 28, 1996 McCormick Land Company, Inc. 4978 SW Lake Flora Road Port Orchard, WA 98366 Dear Sir: Enclosed for your records is a recorded copy of the Easement for Roadway and Utilities between McCormick Land Company, Ellen Lunde and Ron Sceipko and the City of Bremerton. Sincerely, Administrative Services KLM:ch enclosure 239 4TH STREET · BREMERTON, WA98337 · (360) 478-5290 · FAX (360) 478-5200 An Equal Opportunity Emplo~ ADMINISTRATIVE SERVICES KATHLEEN McCLUSKEY, DIRECTOR Ga~etoa¥ to the Olympics and Hornt of the Pugtt Sound Natal Shipyard February 28, 1996 Ron Sciepko 3023 W State Highway 16 Port Orchard, WA 98366 Dear Mr. S¢iepko: Enclosed is a recorded copy of the Easement for Roadway and Utilities for your records. Sincerely, Kathleen L. McCluskey, Director Administrative Services KLM:ch enclosure 239 4TH STREET · BREMERTON, WA 98337 · (360) 478-5290 · FAX (360) 478-5200