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HomeMy WebLinkAbout3025995Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Page: 1 of 9 BR£M£RTON CITY OF ESMT $1~.88 Kitsap Co, W8 Document Title: Easement Reference Number of Document Assiqned or Released: None antor's Name: State of Washington, Military Department Grantee's Name: City of Bremerton, Washington Abbreviated Leqal Description: Portion of W 1/2 of SE 1/4, SEC 21, T24N, R1E, W.M. property Tax Parcel/Account Number: 212401-4-004-2000 EXCISE TAX EXEMPT JUN 2 7 1997 EASEMENT THIS AGREF~IEN~, made and entered in this \~ day of~, 1997, by and between the Military Department, State of Washington (hereinafter referred to as "Grantor"); and the City of Bremerton, a first class municipal corporation, (hereinafter raferred to as "City"). FOR ~ IN CONSIDERATION of the mutual promises and benefits contained herein and for other valuable considerations, which is to consist of grading, rocking (2 inch of 5/8 inch minus crushed rock with binder) and rolling the entrance road to the Armory site off Union Avenue, the receipt of which is hereby acknowledged, the Grantor and the city do hereby covenant access from Union Avenue across the Grantors property as follows: 1. GRANT OF F~SF.,MENT: Grantor does hereby convey and quitclaim to the city an exclusive permanent street easement for city street purposes and an easement for park use associated with the Pendergast Regional Sports Complex the property described as follows: city of Bremerton Permanent Street A 60 foot corridor measured 30 feet on each side of the centerline as described below and in Exhibit A(1) and as shown in Exhibit B(1): That portion of the west half of the southeast quarter of Section 21, Township' 24 north, range 1, East, W.M., in the city of Bremerton, Kitsap County, Washington, described as follows: Commencing at the south quarter corner of said section bears $ 88°31'14'' E - 2658.98 feet; thence from said south quarter corner and along the west line of the above said subdivision N 01°58'30'' E - 859.99 feet to the true point of beginning; thence continuing N 01"58'30" E - 80.55 feet; thence N 62°19'17'' E - 261.24 feet; thence S 27040'43'' E - 10.00 feet; thence N 62°19'17'' E - 623.69 feet to point of curvature of a 535.38 - radius curve to the right; thence easterly on said curve, through a central angle of 29"37'42" for an arc distance of 276.85 feet; thence N 01056'59'' E 35.00 feet; thence S 88"03'01" E - 65.00 feet to a point on the centerline on Union Avenue; thence along said centerline S 01"56'59" W - 120.00 feet; thence N 88°03'01'' W - 65.00 feet; thence N 01°56,59'' E - 25.00 feet; thence westerly on a 475.38 foot radius curve to the left, the center of which bears S 01°56'59'' W, through a central angle of 29"37'42", for an arc distance of 245.82 feet to point of tangency; thence S 62°19,17'' W - 924.78 feet to the true point of beginning. Except therefrom portion within right of way of Union Avenue. Pendergast Perk Easement A 60 foot corridor measured 30 feet on each side of the centerline as described below and in Exhibit A(2) and as shown in Exhibit B(2): That portioD of the west half of the southeast quarter of Section 21, Township 24 North, Range I East, W.~., in the city of Bremerton, Kitsap County, Washington, Described as follows: Commencing at the south quarter corner of said section bears S 88°31'14" E - 2658.98 feet; thence from said south quarter corner and along the west line of the above said subdivision N 01o58'30" E - 859.99 feet to the true point of beginning; thence continuing N 01058'30" E - 975.32 feet; thence southerly on a 330 foot radius curve to the right, the center of which bears S 56055'52" W, through a central angle of 35001,07", for an arc distance of 201.69 feet to a point of tangency; thence S 01°56'59" W - 565.53 feet; thence S 88°03,01" E - 10.00 feet; thence southeasterly-on a 105 foot radius curve to the left the center of which bears S 88°03 '01" E, through a center angle of 119~37'42", for an arc distance of 219.23 feet; thence s 62°19'17'' W - 261.24 feet to the true point of beginning. These easements, as depicted in Exhibit A (1), A (2), B (1) and B (2), are granted with the understanding that the Grantor and the City, at its option, will dedicate the easement as a public right-of-way upon approval and request of the city. Uses of the Permanent Street Easement' shall include all usual and customary uses of city street right-of-way. 2. HOLD HARMLESS: The Grantor hereto agrees to release, indemnify and hold harmless the city, its employees, or agents from all claims for property damage and personal injury arising in conjunction with the activities covered by this agreement which are caused by the negligent acts of the Grantor, its employees, or agents. The city hereto agrees to release, indemnify, and hold harmless the Grantor, it employees, or agents from claims for property damage and personal injury arising in conjunction with the activities covered by this agreement which are caused by the negligent acts of the city, its employees, or agents. 3. EJ%SEMENT TO RUN WITH THE L4~ND: The Grantor and the City intend that this easement shall be a covenant running with the land described above and shall be binding upon the Grantor's and city's successors in interest. 4. GOVERNING L~W: The place of making this Agreement shall be deemed to be the State of Washington, and the legal rights and obligations of the parties hereto shall be determined in accordance with the laws of the State of Washington. 5. JURISDICTION AND VENUE: In the event that any suit or action shall be brought in connection with any of the terms and conditions of this Agreement, the parties hereto agree that jurisdiction and venue of any such s~it or action shall properly lie in Kitsap County, State of Washington. 6. S~V~RABILITY: In the event that any section, or any part of any section of this Agreement shall be declared invalid by a court of competent jurisdiction, said holding shall have no effect upon the remaining sections of this Agreement, which shall remain in full force and effect. 7. ENTIRETY: This Agreement constitutes the entire agreement and understanding between the parties hereto. There are no other agreements or understandings, either written or oral, which modify or have any effect upon this Agreement. BR£MERTON CITY 0[ £$MT $16, Kits~p Co, WA IN WITNESS w~EREOF, this Agreement has been duly executed by the parties hereto, to be effective on the day and year first above written. MiLiT~EPARTMENT STAT ~FASHI TON Lynn H6rton Adjutant~eneral Mayor By: ~ E B W. Eugen~~P Kathleen McC~ske~ Director, Pub~Works & Utilities city Clerk By~--~C~w~ - Jon~tha~ T. McCoy Ian Siev~rs Assistant Attorney Genera~ City Attorney STATE OF WASHINGTON ) : COUNTY OF PIERCE ) On this day personally before me, MG Gregory P. Barlow, Adiutant General, Military Department of the State of Washington, th~ state agency that executeU the within and foregoing instrument- He acknowledged said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of the Military Department, State of Washington · ~VEN under my hand and official seal this ~ day of , 1997. N6t~y Public in a~f0r the State of Wash. lng n 3025995 Page: 4 oi' 9 BREM£RTOH CITY OF ESOT $16.88 Kitsap Co, ~R STATE OF WASHINGTON ) : COUNTY OF KITSAP ) On this day personally before me, Ms. Lynn Morton, Mayor, City of Bremerton, the city that executed the within and foregoing instrument. She acknowledged said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument on behalf of the city of Bremerton, State of Washington. ~ .?(~ZjEN under my hand and official seal this /~ day ~ ~ ~ ~: ~ :~, ..-~--.. ~.~4~ a~ for t~ State of Was~g~o~ ~ m~D,~ "/~ ~ ~ residin~ at Bremerton, Kltsap uoun~y, %'~ '.~'l ~ - % ? ~.~ Washington. P~ge: 5 o£ 9 86?38/9? 88:48R BR£M£RTON CITY OF £SIIT $16.88 Kigs~p Co, WR AUDITORS NOTE ~0. ~ 720 · 9119 gid~gcop ~oui~ar~ N.W. 5i~alg, Wa~hing~n Engineering · Su~eying · Planning ~EET; THENCE N 01' 56 '59" ~ - E~.O0 ~EET; THENCE WESTERL~ ON ~H:C~ 8EA~S S 01~56~59'' W , rHaOUGH A CENTRAL ~NGLE OF 27 G~NCY; TMENCE S 6~19 IT" W - 9~.T8 ~EET TO THE T~UE ~OI~r 88/38/87 88:488 BREMERTON CITY OF ESMT $18.88 Kitsap Co, ~8 5ilv~rd~l~. Wm~hingt~n Enoin¢grin0 * ~urv~in0 · ?lannin0 ~ E S ~ R I P T ! 0 N (REN~E~GA~T PAR~ EASEMENT~ THAT RO~T~ON 0~ THE ~EST HALF O~ THE SOUTHEAS~ QUA~TE~ SECTION ~!~ T0~NSH~ ~A NORTH~ R~NGE I E~ST, ~M., ~N CITY OF BREMERTON, ~ITSAP COUNTY, WASHINGTON, DE~CklBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARZE~ CORNER OF SAID SECTION ~ROM WHICH THE SOUTHEAST CORNER OF SAID SECTION BEAR~ S 58= SI~I~" E - 2658.98 FEET; THENCE FROM SAID SOUTH 0UARTEP COP- NER AND ALONG THE WEST LINE OF THE ABOVE SAID SUBDIVISiO~ N ,)l° 58' BO" E - 9~0.5a FEET ~O THE TRUE R~INT OF ~EGIN- NING; THENCE CONTINUING N Ol~SB']O" E - 975.~2 FEET; THENC~ SOUTHERLY ON A 3~O-~0OT ~ADIUS CURVE TO THE ~IGHT, ~HE 0EN- TER OF WHICH BEARS S 5~ 55'5~" W, THROUGH A CENTRAL ANGLE OF ~°01'07"~ ~0R AN ARC DISTANCE OF ~01,69 FEET TO A POINT OF TANGENCY; THENCE S 01~56~59" W - 565.$B ~EST~ THENC2 S 03'O1" E - 10.00 FEET; THENCE SOUTHEASTERLY ON A 105 - FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS S BB~ 03 01" E, THROUGH A CENTRAL ANGLE 0~ 119~ 37'q2", ~0R AN ARC DISTANCE OF 219.B~ ~EET: THENCE S 62°!9'!7" W - ~1.2~ FEE TO THE TRUE POINT OF BEGINNING. CITY OF BREMERTON PERMANENT STREET ~¢AL£ t"--ZOO' T24N,R 1E,W,J~. Page: $ o£ $ $6/38/97 68:48A BR£MERTON CITY 0~,: EStlT $1~,86 Ki~$ap Co, WA PENDERGAST PARK EASEMENT I I? I~'""',-'l'. ?. 0. ~5. 5(AL~ t% Zoo' T24N,R 1E,W. M. Page: 9 o£ 9 86/38/97 88:48R BREMERTON CITY OF ESMT $16.8 Ki~sap Co, WR AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Pendergast Park Entrance Road FOR AGENDA OF: Febmaty 5, 1997 Easement with the Washington State Military Department ORIGINATING DEPT: Public Works & Utilities ORIGINATOR: Randy Witt, City Engineer DATE SUBMITTED: January 27, 1997 2. CLEARANCES: (Commeaat on back~f ne ~J 3. EXHIBITS Director, Public Works/Utilities /~ ~ A Location Map Director Parks Department .~ ._~. B. Easements City AttorneyC~..( ~ . Council Budget & Finance Committee Operations Committee ENDORSEMENT )C INFORMATION APPROVED BY COUNCII~RES~UBMIITAL: MAYOR ~ '~. ~ COUNCIL PRESIDENT ~ ~d ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: As part. 9~,. ~t.v..~l~endergast Park project, a roadway across Washington State Military Department land was constructed, w~th ~ts [~owledge and consent. Easements for the roadway have been negotiated with the Military Department. The easements are for two segments o£the road, one that goes toward the Pope Resources land holdings and can be converted to public right-of- way at the City's request and the other is the entrance to Pendergast Park which will remain an easement to the City. Consideration for the easement will be borne by the Parks Department (improvements to Armory emrance) and Pope Resources (fencing). Approval o£the easements is recommended. 8. RECOMMENDATION: That the City Council authorize and direct the Mayor to execute the easements with the Washington State Military Department for the access to Pendergast Park. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED L,// DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE: ADMINISTRATIVE SERVICES 239 4th Street · Bremerton, WA 98337 · (360) 478-5290 · FAX (360) 478-5200 July 16, 1997 Washington State l~lditary Department ATTN: Emory Lehman Facilities Management Office Building #36 Quartermaster Road Camp Murray Tacoma, Washington 98430-5052 Enclosed for your records are two fully executed originals and a fully executed copy of the recorded Easement for the Pendergast Park Entrance Road. Deputy City Clerk PJ:ch enclosure cc: Randy Witt (w/end) Jim Spencer (w/end) Equal Opportunity Employer