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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: r b v N"t&'SwA, Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk °F Q ORT ���0 �RPO�QT�4•,'4 SEAL CP MB ERA 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. 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