097-22 - Resolution - Temp. Construction Easement for Lippert RoadDocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
RESOLUTION NO. 097-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE ACCEPTANCE OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE
LIPPERT ROADWAY REPAIR AND SIDEWALK RETROFIT PROJECT.
WHEREAS, the City Public Works Department is currently undertaking the Lippert
Roadway Repair and Sidewalk Retrofit project; and
WHEREAS, temporary construction easements from an abutting property owner is
needed to reconstruct the portion of the driveway entrance within the public right of way, as
required to meet current standards and facilitate the City's project; and
WHEREAS, on September 19, 2022, the fronting property owner, Kitsap County
Consolidated Housing Authority, agreed to provide temporary construction easements; and
WHEREAS, construction of the Lippert Roadway Repair and Sidewalk Retrofit project is
currently underway, thus time is of the essence; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council approves and authorizes the Mayor or designee to execute
the temporary construction easement for the Lippert Road Repair and Sidewalk
Retrofit project attached hereto as Exhibit A and incorporated herein by this
reference.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 271" day of September 2022.
LD Signed by:
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Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
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DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
When Recorded Return To:
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
Reference Numbers of Documents Assigned or Released: N/A
Grantor(s): (1) Kitsap County Consolidated Housing Authority
Grantee(s): (1) City of Port Orchard
Legal Description (abbreviated): LOT A CITY OF PORT ORCHARD SHORT PLAT NO.
PO-110 RECORDED UNDER AUDITOR'S FILE NO. 7809290133. THAT PORTION OF
THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1
EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER
OF SAID SECTION 2; THENCE ALONG THE NORTH LINE OF SAID SECTION 2,
S87*32'40 E 754.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING S87*32'40 E 430.77 FEET; THENCE S20*47'35 W 347.56 FEET; THENCE
S87*32'40 E 432.28 FEET TO THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE
ALONG SAID MARGIN S22*40'50 W 179.84 FEET TO INTERSECTION OF THE
WESTERLY MARGIN OF SIDNEY ROAD AND THE NORTHERLY MARGIN OF LIPPERT
DRIVE; THENCE ALONG SAID NORTHERLY MARGIN OF LIPPERT DRIVE N88*01'58
W 696.27 FEET; THENCE LEAVING SAID NORTHERLY MARGIN N3*13'07 E 504.72
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
FEET TO THE POINT OF BEGINNING; EXCEPT THE FOLLOWING DESCRIBED
PORTION OF SAID SECTION 2: BEGINNING AT THE NORTHWEST CORNER OF SAID
SECTION 2; THENCE ALONG THE NORTH LINE OF SAID SECTION 2, S87*32'40 E
1185.65 FEET; THENCE S20*47'35 W 347.56 FEET; THENCE S87*32'40 E 20.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S87*32'40 E 412.28
FEET TO THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE ALONG SAID
MARGIN S22*40'50 W 179.84 FEET TO THE INTERSECTION OF THE WESTERLY
MARGIN OF SIDNEY.ROAD AND THE NORTHERLY MARGIN OF LIPPERT DRIVE;
THENCE ALONG SAID NORTHERLY MARGIN OF LIPPERT DRIVE N88*01'58 W
366.27 FEET; THENCE LEAVING SAID NORTHERLY MARGIN N7*49'23 E 172.63 FEET
TO THE POINT OF BEGINNING.
Assessor's Tax Parcel ID#: 022301-2-122-2005
WHEREAS, the Grantee, the City of Port Orchard, its contractors, agents and
assigns (together, the "City"), a Washington municipal corporation, desires to use real
property owned by the Grantor, Kitsap County Consolidated Housing Authority, to facilitate
the construction of a municipal project of public benefit; and
WHEREAS, as a result of work performed by the City, the Grantor will derive benefit
including, but not limited to, a partially new and reconstructed driveway entrance; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor and the City agree as follows-
1 . Grant of Temporary Construction Easement. The Grantor hereby grant(s) to
the City, its contractors, agents and assigns, subject to the conditions set forth herein, a
temporary, non -transferable, non-exclusive easement in, upon, over, under, and across a
portion of the real property legally described on ExhibR A, depicted in Exhibit B, attached
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
hereto and by this referenced made a part hereof (the "Easement Area"), situated in the
City of Port Orchard, with the rights, privileges and authority to the City, for the purposes
of construction of the following project (hereinafter, the "Project"):
Repair of asphalt surfacing and curb at driveway entrance to
match new sidewalk and driveway entrance grades to the
Property, described in the document. This work is part of the
Lippert Sidewalk and Pavement Repair project. Work included
in the project that is not associated with the driveway entrance
will be performed within the limits of the City's right-of-way,
which is located adjacent to the parcel.
2. Con_ditions. This easement is granted and accepted subject to the following
conditions:
A. Grantor shall not obstruct, or permit its agents to obstruct, the Easement
Area in any manner that will materially prevent or interfere with the
performance of the Project. Grantor reserves the right to use the Easement
Area for any purpose not inconsistent with the City's rights hereunder.
B. This Easement and its terms and conditions shall be binding on the
Parties and their respective successors, heirs and assigns. This Easement
shall not be recorded against the real property unless the Grantor
proposes to convey the real property to a third party prior to the
termination or expiration of the Easement as provided herein. Grantor
shall notify the City of any proposed conveyance of the real property at
least sixty (60) days prior to any conveyance. Grantor warrants that
Grantor owns fee title to the real property and warrants the City quiet
enjoyment of the Easement.
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
C. The City shall, upon completion of the construction project, restore any
premises of the Grantor(s) disturbed by the City, to as good or better
condition as it was in prior to construction of the project.
D. This Temporary Construction and Access Easement shall expire 18
months from the date of signature or formal close out of the project by the
City, whichever occurs first.
E. The Grantee does hereby agree to indemnify and hold harmless the
Grantor against and from any and all liability for loss, damages, and
expenses on account of damage to the property or injury to persons
resulting from or arising out of the rights hear in granted to the Grantee
and/or its contractors, employees, and agents.
All notices required hereunder shall be sent by U.S. regular or certified mail or by overnight
mail to a party at the address below its signatures to this document.
This Temporary Construction and Access Easement, and all of the terms, conditions, rights
and obligations herein contained, shall inure to the benefit of and be binding upon the
parties hereto, their successors, lessees and assigns. This document may only be
modified in writing, signed by an authorized representative of Grantor and the City.
This document may be executed in identical counterparts and electronically transmitted
signatures shall be considered effective and shall be considered a representation that fully
executed and authenticated original signed documents have been retained by the party
transmitting the electronic version of this document.
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Grantor Date
STATE OF WASHINGTON )
) ss.
County of Kitsap )
Grantor
Date
On this date, before me the undersigned Notary Public in and for the State of
Washington, personally appeared Akn thcr 6/pud{v /�Ai/a/sic %s,wto me known to
be the individuals who executed the foregoing Temporary Construction Easement and
acknowledged to me that they signed the same for the uses and contents therein
mentioned.
DATED this /9 day of S,'pf'e4*ber 202Z .
NOTARY PUB IC
Print NameclJoylet �• YGY�
My appointment expires: 3 zg zozq
[if grantor is a corporation or LLC]
STATE OF WASHINGTON
ss.
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
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