001-70 - Lieseke, Vernon and Grace - ContractSTIPULATION AND"A(; EMENT
THIS STIPULATION AND AGREEMENT, entered into this Ail
day of 1970, between THE CITY OF PORT ORCHARD,
herein ter called he "City", and VERNON D. LIESEKE and GRACE R.
LIESEKE, husband and wifer.hereinafter called "Owners",
WITNESSETH:
WHEREAS, Owners are the owners of certain described
premises in the City of Port Orchard, for which City has commenced
condemnation proceedings to obtain in order to contract Pottery
Hill Boulevard, and to install utilities, said premises being more
particularly described as follows:
All that portion of the following described
Parcel 1520--11 lying northwesterly of a line
drawn parallel with and 60 feet southeasterly
when measured at right angles, from the center-
line of Pottery Hill Boulevard, Bay Street to
Tremont:
PARCEL 1520-11
Lots 1 to 11, inclusive, Block 6, REPLAT OF
CENTRAL ADDITION TO SIDNEY, as per plat
recorded in Volume 1 of Plats at Page 79,
records of Kitsap County;
and WHEREAS, the Parties hereto have entered into a Stipulation
and Agreement for the settlement of the condemnation proceedings upon
the conditions hereinafter set forth,
NOW, THEREFORE, in consideration of the promises and the
mutual agreements hereinafter contained, the parties hereto agree
as follows:
(1) City agrees to install two driveways at the
time Pottery Hill Boulevard is improved, with
grades not to exceed 15%, to give access only
to Owners' adjoining property;
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(2) It is further agreed that the City will not
resist any petition by the Owners to vacate
Taylor and Sweaney Streets, as the same adjoin
the Owners' property on the north and to the
south, nor the alley presently dividing Owners'
remaining property, nor West Street where it
abutts Lots 5, 6, 7 & 8 of Block 6, Replat of
Central Addition to Sidney; subject to an ease-
ment for utilities, said easement to be 20 feet
in width, 10 feet on each side of center line.
(3) The City agrees that it will keep reasonable
access open to Owners during the construction
of the Pottery Hill Boulevard and the construction
and installation of any sewer installed by City
in the highway right-of-way; and in furtherance
and not.limitation of the said agreement, City
specifically covenants to provide motor vehicle
access to Owners' property between the hours of
4:30 o'clock p.m. and 8:00 o'clock a.m. of each
following day;
(4) City also agrees that adequate drainage will be
provided to Owners.' property during and after
installation of Pottery Hill Boulevard, so that
no standing water will be left remaining upon
Owners' property due to construction of Pottery
Hill Boulevard, and that adequate drainage of
surface water will be provided; and
(5) City will rearrange or reinstall water piping
to serve Owners' property, should same be neces-
sary during construction of Pottery Hill Boulevard,
all at the expense of City; PROVIDED, HOWEVER,
that the water service so provided shall be of
the same size as now existing, and if Owners
desire to have improved service same will be
at Owners' expense. City will also replace Owners'
survey monuments if disturbed.
DATED the day and year hereinabove first written.
AT ST:/ CITY OF PORT ORCHARD
�Zz% By
Clerk Mayo
a9
r'Hed ) a 19 ? 0 at p Ai y
Request of 6' (�
D. THEDDO t RIGHT, NiWp CO ty Auditor
Vernon D_,-n
race
e sek e
e
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