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107-23 - Resolution - Two Temp Easements for Marina Pump Station ProjectDocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 RESOLUTION NO. 107-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING TWO TEMPORAY CONSTRUCTION EASEMENTS FOR THE MARINA PUMP STATION IMPROVEMENT PROJECT. WHEREAS, the City Public Works Department is currently undertaking the Marina Pump Station Improvement Project (the "Project"); and WHEREAS, the City identified that temporary construction easements from an abutting property owner are needed to facilitate the City's work on the Project; and WHEREAS, the fronting property owner, Kitsap Bank, agreed to provide temporary construction easements; and WHEREAS, as a result of work performed by the City, the property owner will derive benefit including, but not limited to, utility improvements serving downtown Port Orchard; now, therefor, 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 easements for the Marina Pump Station Improvement Project, attached 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 14th day of November 2023. ErDocuSig ned by: 6tiu Naa SIMA, 3B96492F3F5847D... Robert Putaansuu, Mayor Eb ocuSigned by: a",),, %U_a CaA5,454�� D994-18._ Brandy Wallace, MMC, City Clerk DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 When Recorded Return To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 TEMPORARY CONSTRUCTION AND ACCESS EASEMENT Grantor(s): Kitsap Bank Grantee(s): City of Port Orchard Legal Description (abbreviated): LOTS 1 AND 2, BLOCK 12, S.M. STEVENS, TOWN PLAT OF SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 1, RECORDS OF KITSAP COUNTY; TOGETHER WITH TIDELANDS FRONTING; ALSO TOGETHER WITH VACATED ROAD. Assessor's Tax Parcel ID#: 4650-012-001-0009 This agreement is made on the date set out below, by and between Kitsap Bank, a bank corporation ("Grantor"), and the City of Port Orchard, a Washington municipal corporation ("Grantee") for the purposes set forth herein. WHEREAS, the Grantee, its contractors, agents and assigns, desires to use a portion of real property owned by the Grantor to facilitate Grantee's construction of a municipal project described herein; 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 Grantee agree as follows: 1. Grant of Temporary Construction Easement. The Grantor hereby grants to the Grantee, 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 Kitsap County Assessor Tax Parcel No. 4650-012-001-0009, otherwise known as the real property legally described on Exhibit A, and depicted in Exhibit B, attached hereto and by this referenced made a part hereof (the "Easement Area"), situated in the City of Port Orchard, including but not limited to the rights, privileges and authorities of ingress and egress and other purposes incidental to the following construction project (hereinafter, the "Project"): Utility upgrades associated with the Marina Lift Station Improvement project. Work included in the project will be constructed in the City's owned parcels and right-of-way, which is located adjacent to the parcel. DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 2. Conditions. 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 Grantee's rights hereunder. B. Grantee shall provide that Grantor be named as an additional insured under one or both of the following endorsements for Commercial General Liability Policy No. GLA569129905: (a). The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or (b). The ISO CG 20 37 (10/01 edition). Grantor shall be an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of the Project. C. 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. D. The City shall, upon completion of the construction project, restore any premises of the Grantor disturbed by the City, to as good condition as it was in prior to construction of the project. E. This Temporary Construction and Access Easement shall expire 18 months from the date of signature or formal close out of the Project by the Grantee, whichever occurs first. Notice of formal close out shall be timely provided to Grantor by Grantee. F. 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 Grantee's exercise of the rights granted by this Easement 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. DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 This Easement, and all 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 the Easement. 1�/ 12 5 Grantor Date Grantor Date STATE OF WASHINGTON ) ) ss. County of Kitsap ) On this date, before me the undersigned Notary Public in and for the State of Washington, personally appeared , to 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 (a day of N�✓ 2pary Public t Washington LEIGH HAGEN COMM. EXP. JULY 09, 2026 WO,fA RV P U BL I C U COMM. NO.201500 Print Name: W My appointment ex ires: [If grantor is a corporation or LLC] STATE OF WASHINGTON ss. County of Kitsap I certify that I know or have satisfactory evidence that S U t Po h+d (4 S is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she wis authorized to execute the instrument and acknowledged it as the C G 0 of lc—tt5aP &44o be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 DATED: �14/c)-Qc� � �rj ) -- N ARY UBLIC Print Name: CL' �f- My appointment a Tres: —:° Flo Notary Public Mate of Washington I_EIGH HAGEN %OMM. EXP. JULY 09, 2026 C.OMM. NO. 201500 DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 CITY OF PORT ORCHARD HARBOR LEASE BOUNDARY ! CONCRETE CONSTRUCTION Ce ! THRU FACFMFNT U � Q Y% LEDO BANK t _BANK / ^ ' MAG NAIL KITSAP BANK N: 203097.22 4650-012-001-0009 E:1194611.58 BLOCK 12 Z:11.53 \PLAT OFSIDNEYTIDELANDS � � I BENCH MARK #1481 MAG NAIL WITH I.D. WASHER N: 203186.51 E: 1194739.34 Z: 13.55 K►TSAP BANK 4650-012-003-0007 BLOCK 12 PLAT OF SIDNEY TIDELANDS ORCHARD PARCELS 4650-012-001-0009 & 4650-012-003-0007 TEMPORARY CONSTRUCTION EASEMENT MARINA PUMP STATION IMPROVEMENTS N W ki DRAWN BY: MAH DATE: 1 10/24/2023 SCALE: 1 1 "=30' DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 When Recorded Return To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 TEMPORARY CONSTRUCTION AND ACCESS EASEMENT Grantor(s): Kitsap Bank Grantee(s): City of Port Orchard Legal Description (abbreviated): S.M. STEVENS' TOWN PLAT OF SIDNEY LOT 3, BLOCK 12, S.M. STEVENS TOWN PLAT OF SIDNEY, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 1, RECORDS OF KITSAP COUNTY, WASHINGTON AND LOT 3, BLOCK 12, MAP OF THE SHORE AND TIDELANDS OF SIDNEY, AS ESTABLISHED MAY 3, 1892 AND FILED IN THE OFFICE OFTHE COMMISSIONER OF PUBLIC LANDS AT OLYMPIA, WASHINGTON. Assessor's Tax Parcel ID#: 4650-012-003-0007 This agreement is made on the date set out below, by and between Kitsap Bank, a bank corporation ("Grantor"), and the City of Port Orchard, a Washington municipal corporation ("Grantee") for the purposes set forth herein. WHEREAS, the Grantee, its contractors, agents and assigns, desires to use a portion of real property owned by the Grantor to facilitate Grantee's construction of a municipal project described herein; 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 Grantee agree as follows: 1. Grant of Temporary Construction Easement. The Grantor hereby grants to the Grantee, 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 Kitsap County Assessor Tax Parcel No. 4650-012-003-0007, otherwise known as the real property legally described on Exhibit A, and depicted in Exhibit B, attached hereto and by this referenced made a part hereof (the "Easement Area"), situated in the City of Port Orchard, including but not limited to the rights, privileges and authorities of ingress and egress and other purposes incidental to the following construction project (hereinafter, the "Project"): Utility upgrades associated with the Marina Lift Station Improvement project. Work included in the project will be constructed in the City's owned parcels and right-of-way, which is located adjacent to the parcel. DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 2. Conditions. 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 Grantee's rights hereunder. B. Grantee shall provide that Grantor be named as an additional insured under one or both of the following endorsements for Commercial General Liability Policy No. GLA569129905: (a). The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or (b). The ISO CG 20 37 (10/01 edition). Grantor shall be an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of the Project. C. 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. D. The City shall, upon completion of the construction project, restore any premises of the Grantor disturbed by the City, to as good condition as it was in prior to construction of the project. E. This Temporary Construction and Access Easement shall expire 18 months from the date of signature or formal close out of the Project by the Grantee, whichever occurs first. Notice of formal close out shall be timely provided to Grantor by Grantee. F. 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 Grantee's exercise of the rights granted by this Easement 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. DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 This Easement, and all 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 the Easement. CC-U /l Z123 Grantor Date Grantor Date STATE OF WASHINGTON ) ) ss. County of Kitsap ) On this date, before me the undersigned Notary Public in and for the State of Washington, personally appeared 54e-0 Po ic+&� S , to 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 2 day of IJ O J , 20,;� NOTARY PUBLIC Print Name: ��- My appointment e ires: 1ZCo [if grantor is a corporation or LLC] STATE OF WASHINGTON ss. County of Kitsap Notary Public State of Washington LEIGH HAGEN COMM. EXP. JULY 09, 2026 COMM. NO. 201500 I certify that I know or have satisfactory evidence that -5ACJP— �o�c�<S is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was authorized to execute the instrument and acknowledged it as the C 00 of lu-VsLp 544--to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 DATED NOTARY PUBLIC Print Name: My appointment e: Notary Public State of Washington LEIGH HAGEN COMM. EX .. DULY 09; 20?6 �M NO. 20150G DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 CITY OF PORT ORCHARD HARBOR r o < 1 a a• __ _ LEASE BOUNDARY CON c� TMU CONSTRUCTION RU EASEMENT v® W --- BENCH MARK j1481 MAG NAIL WITH I.D. WASHER N: 203186.51 1 ~� r. 1 j � E: 1194739.34 KITSAP / Z: 13.55 J BANK / - A ^ ` MAG NAIL KITSAP BANK N:203097.22 4650-012-001-0009 E:1194611.58 \ BLOCK 12 Z:11.53 \\PLAT OF SIDNEY TIDELANDS KITSAP BANK 4650-012-003-0007 BLOCK 12 PLAT OF SIDNEY TIDELANDS ORCHARD PARCELS 4650-012-001-0009 & 4650-012-003-0007 TEMPORARY CONSTRUCTION EASEMENT MARINA PUMP STATION IMPROVEMENTS DRAWN BY: I MAH DATE: 10/24/2023 SCALE: 1 1"=30'