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
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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