080-13 - Coles Lane LLC - ContractRIGHT OF WAY USE AGREEMENT
Contract No. o80-13
1. This Right of Way Use agreement is entered into this 8th day of October
2013, between the City of Port Orchard, a Municipal Corporation, located in Kitsap
County, Washington, and Coles Lane LLC, a Washington Limited Liability Company,
referred hereto as "the Owner".
2. Coles Lane LLC is the owner of real property located at 1021 Coles Lane,
Port Orchard, Washington, Kitsap County Assessor's Tax Parcel No. 4053-014-0o6-
0003, and legally described as follows:
LOT 6, BLOCK 14, SIDNEY 1ST ADDITION, AS PER PLAT RECORDED IN
VOLUME 1 OFPLATS, PAGE lo, RECORDS OFKITSAP COUNTY, WASHINGTON.
3. The Owner predecessors in interest erected a residence, a portion of which
is located within the City of Port Orchard public right-of-way fronting its property on
1021 Coles Lane, as depicted on a survey recorded under auditor's file no. 201111210220,
attached hereto as Exhibit A.
4. The City of Port Orchard hereby authorized and permits the Owner to keep
and maintain a portion of its residence in the public right-of-way subject to terms and
conditions set forth herein.
5. The Owner shall keep and maintain its residence in good condition and
repair. The Owner shall encroach no further into the public right of way beyond the
currently existing residence authorized by this Agreement. The Owner shall build no
new structures, including but not limited to replacement structures, within the public
right of way.
6. The Owner shall defend, indemnify, and hold harmless the City of Port
Orchard, its officers, officials, employees, and volunteers from and against any and all
claims, suites, actions, or liabilities for injury or death of any person, or for loss or
damage to property, caused by the residence or which arise out of the maintenance,
repair, and use of the residence, except such injury or damage as shall have been
occasioned by the sole negligence of the City of Port Orchard.
7. The City of Port Orchard reserves the right to require the Owner to remove
or relocate part of its residence when the City of Port Orchard in its sole discretion
determines that relocation or removal is required by public convenience and necessity,
or upon breach of this Agreement by the Owner. Relocation or removal of the part of the
residence shall be at the sole expense of the Owner.
8. This Agreement shall run with the land described herein and shall be
binding on and inure to the benefit of the parties hereto, their successors, and assigns.
9. In the event either party brings a lawsuit to enforce or defend any rights
herein, the prevailing parry shall be awarded all costs and expenses and reasonable
attorney's fee.
GRANTOR: CITY OF PORT ORCHARD
By `��,,4e-V7
Timothy CMatthes, Mayor
ATTEST:
Brandy Rinearson, CMC, City Clerk
GRANTEE: COLES LANE, LLC
By a C�
artha J. Murray, em er-M*ger
STATE OF WASHINGTON )
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that TIM MATTHES signed this
instrument, on oath and stated that he was authorized to execute the instrument, and
acknowledged it as the Mayor of the City of Port Orchard, A Municipal Corporation, to
be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED this day of L'�t`�� 2013.
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v�NOTARy `0' (N TARP PUBLIC in an the State of
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PUBI\G :'_ My appointment expires: I
OF WAS0
STATE OF WASHINGTON )
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that MARTHA J. MCMURRAY signed
this instrument, on oath and stated that he was authorized to execute the instrument,
and acknowledged it as the Member -Manager of Coles Lane, LLC, a Washington
Limited Liability Company, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED this day of 2013.
Go�Mls�4-
l TARY PUBLIC in and r the State of
NO TqI� °0_ ashington, residing at `
�'. AUBL� CA: = My appointment expires:
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