HomeMy WebLinkAbout3219254 P~e: I of
11/88/188889:43A
WhenRecordedReturnto: FIRST flMERICflN TITLE IHS EStlT $1S.80 Kit$~p
CITY OF BREMERTON
Name: City Clerk
Address: 239 Fourth Stxcet
Bremerton, WA 98337
EXCISE TAX EXEMPT NOV - It 1999
Document Title: Wellhead Protection Area Easement
Project Name: No~hwest Corporate Campus
Developer Name: Northwest Corporate Campus, L.L.C.
Location: Gorst Area
Tax Parcel # 332401-3-01-3~2007, 0423-01-1054-2007, 332401-3-012-2008
Abbreviated Legal Section 33, T24 N, R1E, W.M. NE ~, SW~
Description: SECT. 4, TWN. 24 N., RNG 1 EAST, NE~,NW~ & SE~,NW~
EASEMENT
THIS EASEMENT, made and entered into this
day of A/O '1//) 1999, by and between
the City of Bremerton, a first class municipai corporation, (hereinafier referred to as "Grantee");
and Northwest Corporate Campus, L.L.C., (hereinafter referred to as "Grantor").
FOR AND 1N CONSIDERATION of the mutual promises and benefits contained herein and for
other valuable consideration, the receipt of which is hereby acknowledged, the Grantor and Grantee
hereby agree and covenant as follows:
GRANT OF EASEMENT:
Grantor does hereby convey and quit claim to Grantee an easement for the purpose of
restricting certain uses and activities upon the property described in Exhibit "A" attached
hereto and incorporated by reference herein (hereafter "Wellhead Protection Area") for the
purpose of protecting and providing access to wells located to the north and east of the
Wellhead Protection Area.
A. Restrictions on the Wellhead Protection Areas are as follows:
1. All land use actions will be considered to be sited in a critical area and reviewed
under the procedures of BMC 21.22.060, and considered an environmentally
EASEMENT - 1 -
SCIEPKO, 11-99, ab
sensitive area for purposes of environmental review under WAC 197-11-908 and
BMC 21.22.280.
2. Nitrogen fertilizers and pesticides shall be used at or below agronomic rates to
prevent leaching to ground water and surface water.
3. Best Management Practices (BMPs) for stormwater surface water protection will be
followed.
4. All businesses will submit a program for employee training on wellhead protection,
proper use of BMP's and water conservation for approval by the City Public Works
and Utilities Department, and implement the program. The Grantee will assist in
employee training to the extent of available resources.
5. Signs will be placed to alert workers and transporters that the area is in a wellhead
protection zone.
6. Activities designated as large quantity generators according to WAC 173-303 are
prohibited.
7.Radioactive substances are prohibited.
8. Use, production, or storage of hazardous materials listed as EHW in WAC 173-303
are prohibited. Any other hazardous materials located within the wellhead
protection zone must have proper storage, containment, and spill response. In
addition, any use involving the introduction of any hazardous material will be
submitted to the Department of Public Works and Utilities for recommendations on
appropriate conditions to be applied to the use under BMC 21.22.060. A
contaminant inventory form will be submitted for each commercial establishment.
9. Use of land for waste disposal or land application is prohibited including disposal of
sewage and refuse as defined in BMC 6.04.030.
10. Use of underground storage tanks for any substance other than potable water or
stormwater shall receive prior approval from the City Public Works and Utilities
Department. Temporary storage of wastewater as part of a closed conveyance
system approved by the Department will be allowed.
11.Landfills, junkyard, mining, electroplater and metal finishers are prohibited.
EASEMENT-2- Page: 2 of $
SCIEPKO, 11-99, ab 1 lY(~871999~9: 43R
12. Any federal, state, or local regulations as they may be enacted regarding wellhead
protection must be followed.
B. For that portion of the Wellhead Protection Area described in Exhibit "B" attached
hereto and incorporated by reference herein ("Enhanced Protection Area") the following
restrictions shall apply in addition to those listed under subparagraph A above:
1. Placement of underground storage tanks for substances other than potable water or
stormwater is prohibited. Temporary storage of wastewater as part of a closed
conveyance system approved by the Department will be allowed.
2. Activities designated as large or small quantity generators of hazardous wastes
according to WAC 173-303 are prohibited.
3. The activities listed in Exhibit "C" (Table 5 from the Kitsap County Critical Areas
Ordinance) are prohibited unless otherwise approved by the Grantee.
2. HOLD MARMLESS:
Grantor hereby agrees to hold harmless and defend the Grantee from all claims and liability
due to the negligent acts, error or omissions of Grantor, his agents and/or employees. The
grantee shall not be liable to Grantor, or any other party for any claim whatsoever arising in
connection with this Agreement, except for negligence solely and entirely the fault of the
Grantee.
3. EASEMENT TO RUN WITH THE LAND:
The Grantor and Grantee intend that this Agreement shall be a covenant running with the
land described above and shall be binding upon Grantor's and Grantee's successors in
interest.
4. GOVERNING LAW:
The place of making this Agreement shall be deemed to be the State of Washington, and the
legal fights and obligations of the parties hereto shall be determined in accordance with the
laws of the State of Washington.
P~cje: 3 of
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SClEPKO, 11-99, ab FIRST RMERICAH TITLE INS ESMT $15.08 Kitsap Co,
5. JURISDICTION AND VENUE,:
In the event that any suit or action shall be brought in connection with any of the terms and
conditions of this Agreement, the parties hereto hereby agree that jurisdiction and venue of
any such suit or action shall properly lie in Kitsap County, State of Washington.
6. SEVERABILITY:
In the event that any section, or any part of any section· or this Agreement shall be declared
invalid by a court of competent jurisdiction, said holding shall have no effect upon the
remaining sections of this Agreement, which shall remain in full force and effect.
7. ENTIRETY:
This Agreement constitutes the entire agreement and tmderstanding between the parties
hereto. There are no other agreements or tmderstandings, either written or oral, which
modify or have any effect upon this Agreement.
1N WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be
effective on the day and year first above written.
Grantor,
Northwest Corpora~ C~'npus, L.L.C.
RonaM S. Sciepko, Managing Member
Page: 4 of 8
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FIRST AMERICAN TITLE INS E$~IT $18.88 Kitsap Co, WA
EASEMENT - 4 -
SCIEPKO, 11-99, ab
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me ~¢os/~L ~. ~a~/ot~o, to me known to be the
individual described in and who executed the within foregoing instrument, and acknowledged that
__he signed the same as j~ fi'ee and voluntary act and deed, for the uses and purposes therein
mentioned.
-- d and official seal this _~'~_~ day of .,,~o~t(~x.-~ , 19 c~? .
~an residing at 7C~oc5~ ~.
appointment expires: ~-~.~'-~.~
CITY OF BREMERTON, Grantee
,YI~iN S. HORTON,
Mayor
DE~PROVAL:,
W. EUGENE SAIVIPL-ra-Y
Director of Public Works and Utilities
~AS TO FOR~
OJL,EfqN}~ M~L~A
Page: 5 0f
1
R_ECEFv'ED FOR FILING: FIRST RMERICflN TITLE INS ESiiT
KATHLEEN L. McCLUSKEY
City Clerk
[ASEMENI - § -
$CIEPKO, 51-99, ab
Exhibit "A"
WELLHEAD PROTECTION AREA
An easement on the following described parcel:
That portion of Section 33, Township 24 N., R. 1E., W.M. in Kitsap County, WA described as follows:
Beginning at the NE comer of the south 260 feet of the NE 'A of the SW ¼ of said section 33: thence
west along the north line of said south 260 feet to the west line of said NE ~A: thence south along the
west line thereof and continuing south along the west line of the SE ¼ of the SW ¼ to the south line
thereof; thence east along said south line a distance of S00 feet: thence northeasterly along a straight
line to the point of beginning.
Also an easement on the following described parcel:
That portion of Section 4, Township 23N., R. 1E., W.M. in Kitsap County, WA described as follows:
Beginning at a point on the north line of the NW ~A of said Section 4, said point being 500 feet east of
the NW comer of the NE ¼ of the NW ¼ of said Section; thence west to the NW comer of said
Section 4; thence south along the west line of said Section 4 to the SW comer of the NW ¼ of said
Section 4; thence east along the south line of said NW ¼ a distance of 800 feet; thence northeasterly
along a straight line to the point of beginning.
Said easement described as follows:
That portion lying easterly of the following described line:
Said line beginning at a point on the north line of said Section 4, said point lying 800 feet east of the
NW comer of said Section 4; thence running southwesterly in a straight line to a point on the west
line of said Section 4, said point being 600 feet north of the SW comer of the NW ¼ of said Section 4
and the end of this line description.
Also an easement on the following described parcel:
That portion of Section 4, Township 23N., R. IE., W.M. in Kitsap County, WA described as follows:
The SW ¼ of the NE ¼ of said Section 4.
The south 330 feet of the NW ¼ of the NE ~A of said Section 4.
The east 200 feet of the SE ¼ of the NW ¼ of said Section 4.
Said easement described as follows:
That portion of the above described parcel lying west &the following described line:
Said line beginning at a point on the north line of the south 330 feet of the NW 14/of the NE ¼ of said
Section 4, said point lying 700 feet west of the NE comer of said south 330 feet; thence running
southwesterly in a straight line to a point on the south line of the SW ¼ of the NE ¼ of said Section 4,
said point lying 1200 feet west of the SE comer of said SW ¼ and the end of this line description.
Pa~e: 6 o£ 6
11/85/199989:43R
FIRST AMERICAN TITLE INS ESMT $16.88 Kitsap Co, WA
Exhibit "B"
ENHANCED PROTECTION AREA
That portion of Section 33, Township 24 N., R.1E., W.M. in Kitsap County, WA described as follows:
Beginning at the NE comer of the south 260 feet of the NE ¼ of the SW ¼ of said section 33: thence
west along the north line of said south 260 feet to the west line of said NE ¼; thence south along the
west line thereof and continuing south along the west line of the SE ¼ of the SW ¼ to the south line
thereof; thence east along said south line a distance of 500 feet; thence northeasterly along a straight
line to the point of beginning.
Page: 7 of $
11/09/199989:43A
FIRST AMERICAN TITLE INS E$~IT $18.88 Kiisap Co, WA
Exhibit "A" & "B" Map
WELLHEAD PROTECTION AREA
ENHANCED PROTECTION AREA
SINCLAIR
INLET
TO
SECTION 600 Critical Aquifer Rech~l~e Areas .,~ Critical Areas
Table 5: Operaflona With Potential Threat to Groundwater
A. Above & Below ground storage tanka F. Industrial operatiom
I. Hazardous and industrial waatc trcatmeat 1. Fumiturestfippera/palnters/finishers
2. Hazardous and industrial waste storage 2. Concrete/usphalt/tar/coal companies
3. Hazardous mat~a~l storage 3. Induslrial mamffa¢tu.rera: chemicals,
B. Animal fandlots pssfi~idegherbicidus, paper, leather produets,
C. Commercial operationm textiles, rubber, plastic/fiberglass,
1. Cras atationstscrvice statieas/a'uck terminals silicone/glass, phannaccmicals, elcCuical
2. P~troleam distributcra/atorage cquipmeat
3. Autobodyrcpal~shops/rustprcofcrs 4. Matelplatea~gheattreaterd~nel~ers/
4. Auto chemical supply atorc~/retaflers anusalers/descaler$
5. Truck, automobile, and c~:anbustion eaginc $. Wood preserves
repair shops 6. Chemical re~lmnatinn facilities
6. D~cleaners 7. BeatreaSnish~
7. Photo proe~s~-s G. Land appsea~lon
'8. Auto washes 1. Wa~t~-water application (s~ray i~igation)
'9. Laundromata 2. Waste-water byproduct (sludge) appli~fion
* 10. Beauty Salons :3. Pc~rol~,un refining west~ application
11. P,~arch or chemical tog, lng laboratories 4. H~zerdo~ waat$ application~
whie~ beadle si~ificeat qusnfities of It. Laudflll~
hazardous materials 1. Industrial hazardous and no~-hazavdous
12. Food prooessors/meat pae, kers/slaughter laz~Ifill
houses 2. Munioipal ssnil~ylandfill
13. Airportmaluteaanc~/fuelIngoperafionarea~ L Mat~fialtra~f~roporationa
1~;. Junk and sslvage yards 1. I-lmmdousandindustrielwastet~msfars
15. StoringcrprOusssll~gmamlre. feed, crothef 2. ~,?nrdousmatea-ialtrausfe~s
agriculture by products by co~u,:a~'ially a. Matestala
Imrmitt~d busmesses K. Minlmg and mh*~ drahmge
16. Large scale storage or use ofpusticides, L. On.rite Septic Sya~ma (LOSS category)
iusceticides, herbicides, or fecdlizer by of greater than 14~ O.P D. capacity without pre-
D. Deep injection wells M. Pipelines
1. Waste-water dlsposel wells 1, I-l.?.~lous and imins~-ial waste tramfer
3. Mineral extraction dispossl wells N. Radioactive disposal sites
E. De-icbxg salts storage p~es 0. Sand and gravel minin~ OpeFatin]tS
* = U~e allowed if located on a municipal sanitary sewer sy~tetn.
II II ll II Il ll II II
11/~9/199909:438
FIRST AMERICAN TITLE INS ESMT $16.00 Kitsap Co, WA
~ AMER!
First Amedcm Title Insarancc Company
NadonM Accounts Division
-9101 Fouctl~ Avenue, Suite 71_g Sealtle, Wasfifi~ton 981£1-£318
(20G) 728.0400 (800) $~.754~ fax.- (2Off) d4S. G348
Direct Line: (2Off) G1S8048
E-mail: cmelliottC~Cw~tam, com
November 23, 1999
City Clerk
City of Bremerton
239 Fourth Street
Bremerton, Washington 98337
RE: City of Bremerton / NWV Corporate Campus
Our File No.: 2308CW
In connection with the above referenced transaction enclosed is the original, recorded
Easement from City of Bremerton to Northwest Corporate Campus, LLC.
Should you have any questions or need anything further, feel free to contact our office.
Very Truly Yours,
Colleen M. F.11iott
Escrow Assistant
Enclosure