075-11 - Jones, Robert and Rhonda - ContractWhen Recorded Return to:
Robert N. and Rhonda L. Jones
713 Dekalb Street
Port Orchard, WA 98366
ROBERT JONES 201110040284
Notice Rao Fee: $ 64. 00
10/04/2011 04: 00 PM
Walter Washington, Kitsap Co Auditor Page: 1 of 3
111111111111111111111111111111111111 IN 111111111111111111111111111111111111111 IN IN
CONFORMED COPY
"NOTICE TO TITLE"
FILED FOR THE RECORD AT THE REQUEST OF THE CITY OF PORT
ORCHARD
REVOCABLE LICENSE AGREEMENT FOR AUTHORIZATION TO
BUILD WITHIN THE DEKALB STREET RIGHT-OF-WAY
GRANTOR: City of Port Orchard
GRANTEE: Robert N. Jones, Rhonda L. Jones
CITY OF PORT ORCHARD CONTRACT NO.: 075-11
LEGAL DESCRIPTION OF GRANTEES' ASSOCIATED PROPERTY:
LOT 6, BLOCK 16, S.M. STEVENS' SIDNEY, AS RECORDED IN
VOLUME 1 OF PLATS, PAGE 1, RECORDES OF KITSAP COUNTY,
WASHINGTON
Parcel No.: 4650-016-006-0005
Commonly known as: 713 Dekalb Street, Port Orchard, WA.
NOTICE IS HEREBY GIVEN THAT the City of Port Orchard has granted to
Robert N. and Rhonda L Jones, and their successors (hereafter "Property
Owners"), permission in the form of the following a revocable license (hereafter
"Agreement") for the use of the Dekalb Street Right -of -Way immediately
adjacent to 713 Dekalb Street, for authorized improvements (hereafter "personal
improvements"), said improvement being: 1) the extension of an existing block
retaining walls, 2) maintaining of an existing trellis and 3) installation of a 4-ft
high fence and existing landscape improvements, pursuant to the following
conditions:
Page 1 of 3
Agreement No. 075-11
1. A copy of this signed, notarized and recorded (to Title) Agreement shall
be provided to the City of Port Orchard, whereby the owners of 713
Dekalb Street (Grantees/Property Owners) are solely responsible for the
maintenance and installation of the personal improvements located within
the Dekalb Street Right -of -Way.
2. In addition, Property Owners agree and acknowledge that they shall
remove any or all portions of personal improvements located within the
Dekalb Street Right -of -Way, at their own expense, upon: 1) demand by
the City of Port Orchard for any reason; or 2) upon notice by any
Franchise Utility which needs to go through and/or under the personal
improvements. The demand for removal may be made at any time so long
as the improvements remain within the City's Right -of -Way. If the City
deems the removal of the personal improvements to be necessary for
purposes of health or safety, the City may demand immediate removal. In
all other cases, the City shall endeavor to give 30 days' notice prior to
requiring removal. The City reserves the right to remove the personal
improvements itself and seek recovery of its costs incurred in the removal
and/or disposal of the personal improvements from Property Owners.
3. Grantee shall obtain all necessary permits, including but not limited to
Building and Right -of -Way permits.
4. Permission to build within the Dekalb Street Right -of -Way does NOT
constitute ownership of the personal improvements within the Right -of -
Way. Property Owners shall not be entitled to any compensation,
whatsoever, from the City for any damage or removal of their personal
improvements.
5. Property Owners understand that the Right -of -Way belongs to the City
which retains the right to exclusive use and control of the Right -of -Way.
This Agreement is to reflect permissive use, and shall not be construed in
any way to create a property right or interest in Property Owners.
6. No further activity and/or expansion of authorized physical improvements
within the Dekalb Street Right -of -Way will be allowed. This Agreement
does not constitute authority to park and/or store Recreational Vehicles,
inoperable vehicles or equipment within the Right-of-way, nor shall it be
construed to mean that this area is dedicated for Property Owners' specific
use except as specifically noted herein.
7. All currently stored building materials and equipment (cement mixer, etc)
must be removed from the Dekalb Street Right -of -Way within 30 days of
the execution of this Agreement. Failure to remove said building
materials and equipment shall be deemed a breach of this Agreement.
8. In consideration for this Agreement, the undersigned hereby agrees to
defend, indemnify and hold the City, its Officers, Officials, Employees
Page 2 of 3
Agreement No. 075-11
and Volunteers harmless from any and all claims, injuries, damages, losses
or suits, including attorney's fees, arising out of or in connection with the
authorized personal improvements located within the Dekalb Street Right -
of -Way, or activities performed by the undersigned or on the
undersigned's behalf out of these activities.
9. This Agreement may be terminated by the City at any time upon 30 days
written notice to Property Owners.
10. The authority granted to Property Owners under this Agreement is non-
transferable.
11. The City shall be entitled to recover its Attorney's fees and cost incurred
in the enforcement the provisions of this Agreement. The recovery of
these fees and costs shall be recoverable even in no legal action is filed in
a Court.
This Notice to Title shall NOT be removed or extinguished without the written
approval of the City of Port Orchard Public Works Department.
Dated: j0A2�/��b/�
Robert N. Jon Rhonda L. Jones
STATE OF WASHINGTON )
)ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Robert N. Jones and
Rhonda L. Jones are the persons who appeared before me and acknowledged that
they signed this instrument and acknowledged it to be their free and voluntary act
for the uses and purpose mentioned in this instrument.
it�lc------
tary Public in and for the State of Washington,
esiding aD (0 D fC_Y (1 r c
My appointme t expires on - /
Printed Name tJPy'] � . 1 ,Pin Yl Izyyy- ;
Page 3 of 3
Agreement No. 075-11
CITY OF PORT ORCHARD
Public Works Director
216 Prospect Street, Port Orchard, WA 98366
Phone: (36o) 876-4991 • Fax: (36o) 876-4980
radorsao citydportorchard.us
wwv cityoroortorchard.us
Indemnification / Hold Harmless Agreement for the City of Port
Orchard - Authorized Improvements located within the Dekalb Street
Right -of -Way
In consideration of the September 27, 2011 Port Orchard City Council authorized
improvements (block wall, trellis and fencing) to be located within the Dekalb Street
Right -of -Way, the undersigned hereby agrees to defend, indemnify and hold the City, its
Officers, Officials, Employees and Volunteers harmless from any and all claims, injuries,
damages, losses or suits, including attorney fees, arising out of or in connection with the
authorized improvements located within the Dekalb Street Right -of -Way, or activities
performed by the undersigned or on the undersigned's behalf out of these activities.
Signature /X Signature
/Zoe �� nes
Print Name
Dated �—
STATE OF WASHINGTON
)ss.
COUNTY OF KITSAP )
knovj-c— L . ) Ov�c S
Print Name
to q ?-OLI
Dated
<`
I certify that I know or have satisfactory evidence that Robert N. Jones and
Rhonda L. Jones are the persons who appeared before me and acknowledged that they
signed this instrument and acknowledged it to be their free and voluntary act for the
uses and purpose mentioned in this instrument.
Dated: .10- �2 - 3-0 ? 1