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052-12 - Port of Bremerton - ContractCity of Port Orchard and Port of Bremerton Contract No. 052-12 Page 1 of 24 INTERLOCAL AGREEMENT BETWEEN CITY OF PORT ORCHARD AND PORT OF BREMERTON REGARDING BAY STREET PEDESTRIAN PATHWAY AND MARINA PARK EXPANSION This Agreement is made and entered into this 2-1day of , 2012 by and between the Port of Bremerton, a municipal corporation, hereinafter refer d to as the Port, and the City of Port Orchard, a municipal corporation, hereinafter referred to as the City. The Port and the City are collectively referred to as the Parties. WHEREAS, the City of Port Orchard Parks Plan includes the development of a multi- purpose path/trail, referred to as the Bay Street Pedestrian Pathway (the Pedestrian Pathway), beginning at the Kitsap Transit Downtown Ferry Terminal and ending at the Kitsap Transit Annapolis Ferry Terminal, which will become a significant segment of the regional Mosquito Fleet Trail that runs along the shoreline of Kitsap County; and WHEREAS, the Port owns, operates, and maintains the Marina Park in downtown Port Orchard and the Port's future development plans include the easterly expansion of the Marina Park; and WHEREAS, a segment of the City's Pedestrian Pathway will be located on a portion of the Port of Bremerton's expanded Marina Park, as depicted in Exhibit A; and WHEREAS, the parties have previously executed a Pedestrian Access Easement whereby the Port, as grantor, conveyed to the City, as grantee, a twenty foot wide easement across Port - owned real property, a copy of which is attached as Exhibit B; and WHEREAS, the Pedestrian Pathway is a federally -funded project and therefore agreements and actions relating to the pathway segment that runs through the Port's Marina Park are subject to federal rules and regulations; and WHEREAS, the Parties desire to coordinate the development of the Pedestrian Pathway and the expansion of Marina Park; and WHEREAS, Chapter 39.34 RCW authorizes local governmental entities to enter into an Agreement for joint or cooperative action; now, therefore, THE PARTIES AGREE AS FOLLOWS: 1. Purpose. The purpose of this Agreement is to a) establish a framework for the Parties' cooperation concerning the City's development of the Pedestrian Pathway and the Port's expansion of Marina Park; and b) identify specific tasks that the Parties will undertake jointly and individually in furtherance of the development of the Pedestrian Pathway and the expansion of Marina Park. ILA Between City of Port Orchard and Port of Bremerton Page 1 of 5 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 2 of 24 2. Definitions. For purposes of this Agreement, the following terms shall have the meaning set forth below. 2.1. "Add Alternate 1" means the work separate and apart from the Base Bid that is associated with the construction of the segment of the City's Pedestrian Pathway that is to be located on a portion of the Pott's expanded Marina Park, as depicted in Exhibit A, which may include a paved pathway, railing, benches, trashcan(s), landscaping, lighting, retaining walls, and any necessary utilities. 2.2. "Base Bid" means the work associated with the construction of the improvements associated with the Port's expansion of Marina Park. 2.3. "Pedestrian Access Easement" means the twenty foot wide easement that the Port has donated and conveyed to the City, as set forth in the document attached hereto as Exhibit B. 3. Actions Undertaken Individually by the Port. In furtherance of the purposes described above, the Port will: 3.1. Serve as project manager for all construction activities occurring on Port -owned property, including but not limited to the expansion of the Marina Park; 3.2. Obtain plans, specifications, and estimates for the Base Bid; 3.3. Prepare bid documents and award the Base Bid and Add Alternate 1 in accordance with state bid laws; 3.4. Fund all costs associated with the Base Bid, including but not limited to construction, administration, surveying, and geotechnical; 3.5. Pay all contractors performing the work associated with the Base Bid and Add Alternate 1 and invoice the City for all costs associated with the Add Alternate I work. In this regard, the City is liable for the payment of all fees and costs associated with Alternate 1 and the Port has no liability other than as the agent for the City; 3.6. Forward all change orders associated with Add Alternate 1 to the City for its approval, modification, or rejection; and 3.7. Execute such documents, in a form approved by the Port's attorney, as the Federal Highway Administration may require for the City's federally -funded Pedestrian Pathway project. 4. Actions Undertaken Individually by the City. In furtherance of the purposes described above, the City will: 4.L Obtain plans, specifications, and estimates for Add Alternate l; 4.2. Fund all costs associated with Add Alternate 1, including but not limited to construction, administration, surveying, and geotechnical. The City is liable for the payment of all fees and costs associated with Alternate 1 and the Port has no liability other than as the agent for the City; 4.3. Act in a timely manner to approve, modify, or reject change orders associated with Add Alternate 1; 4.4. Reimburse the Port within thirty days of receipt of invoices for Add Alternate 1 work; 4.5. Make available a construction laydown area at the west end of the City's parking lot, space numbers J!Zf , commencing OcrVgf�p_, r5 2012 through the completion of the project. ILA Between City of Port Orchard and Port of Bremerton Page 2 of 5 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 3 of 24 5. Actions Undertaken Jointly. In furtherance of the purposes described above, the Parties will: 5.1. Coordinate with each other concerning all phases of the planning, administration, and construction of the Base Bid and Add Alternate 1 work. 5.2. Coordinate with each other concerning the scheduling of construction progress meetings, which the City may attend; 5.3. Perform quality assurance inspections as necessary on the Alternative 1 work to ensure adherence to contract specifications and compliance with regulatory and grant agencies requirements. These inspections shall include work in progress and final project acceptance signoff. 6. Duration and Termination. The term of this Agreement shall be for 2 years beginning on the effective date, and shall be automatically renewed for successive twelve (12) month periods; provided, however, either party may terminate the Agreement after the first year by first notifying the other party at least sixty (60) days prior to the termination date stated in the notice, which termination date shall fall on the last day of the month stated in the termination notice. This Agreement may also be terminated by operation of law, if the terms hereof are ever deemed illegal by any local, state, or federal laws or regulations. 7. Administration. This Agreement does not create any separate legal or administrative agency. 8. Financing; Budget. This Agreement does not contemplate joint financing of activities within its scope, nor does it contemplate a joint budget. 9. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the parties. At termination, each party will remain the sole owner of its interest in real and personal property. 10. Agreement Representatives and Notice. The Port and the City will each have an Agreement representative. A party may change its representative upon providing written notice to the other party. The Parties' representatives are as follows: Director, Marine Facilities Port of Bremerton 8850 S.W. State Hwy.3 Bremerton, WA 98312 Phone: 360:876-5535 City Engineer City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-7034 Except as expressly provided elsewhere in this Agreement, all notices and other written communications required by this Agreement shall be in writing and shall be deemed to have been given at the time of delivery, if personally delivered, or at the time of mailing if mailed by first class, postage pre -paid and addressed to the other party's representative at the address stated above, or at such address as any party may designate at any time in writing. ILA Between City of Port Orchard and Port of Bremerton Page 3 of 5 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 4 of 24 11. Severability. It is the intent of the Parties that if any provision of this Agreement or its application is held by a court of competent jurisdiction to be illegal, invalid, or void, the validity of the remaining provisions of this contract or it application to other entities, or circumstances shall not be affected and the remaining provisions shall continue in full force and effect. 12. Modification. This Agreement represents the entire agreement between the Parties. No change, termination, or attempted waiver of any of the provisions of this Agreement shall be binding on either of the Parties unless executed in writing by authorized representatives of each of the Parties. This Agreement shall not be modified, supplemented, or otherwise affected by the course of dealings between the Parties. 13. Benefits. This Agreement is entered into for the benefit of the Parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. The rights granted by this Agreement may not be assigned without the written consent of the Port of Bremerton Board of Commissioners and the Port Orchard City Council. 14. Arbitration. Disputes under this Agreement shall be settled through binding arbitration and the parties agree and stipulate pursuant to MAR 8.1 that the Mandatory Arbitration Rules for Superior Court shall apply, except Section VIII, Trial De Novo. 15. Consent. Whenever it is provided in this contract that the prior written consent or approval of either party is required as a condition precedent to any actions, the requested consent or approval shall not be unreasonably withheld. This provision does not apply to requests for amendments of this Agreement. 16. No Joint Venture — Individual Liability. This is not an agreement of joint venture or partnership. No provision of this Agreement shall be construed so as to make either party individually or collectively a partner or joint venture with the other party. Neither party is an agent of the other. Neither party shall be liable for the acts of the other in any representative capacity whatsoever. 17. Complete Agreement. This contract represents the entire Agreement between the Parties hereto concerning the subject matter hereof. This contract may not be amended except as provided herein. 18. Successors. This contract shall inure to the benefit of and be binding upon the parties and their successors and assigns 19. Governing Law, Jurisdiction; Venue. This Agreement will be governed by the laws of the State of Washington and any legal proceeding arising under it may be brought only in the courts of Kitsap County, Washington. 20. Filine. This Agreement will be filed with the Kitsap County Auditor prior to entry into force or, alternatively, listed by subject on the party's web site or other electronically retrievable public source, in accordance with RCW 39.34.040. ILA Between City of Port Orchard and Port of Bremerton Page 4 of 5 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 5 of 24 21. Agreement Approval and Effective Date. The City approved the terms of this Agreement at its regularly scheduled City Council meeting held on the .�S�ay of S 2012. The Port approved the terms of this A reement at is regularly scheduled Board of Commissioners meeting held on the � day of'u1y 2012. The effective date of this Agreement shall be deemed the later of the two dates stated in this section 21. DATED this ,& day of012. CITY OF PORT ORCHARD Timothy C. Matthes Mayor ATTEST: Brandy Rinearson City Clerk DATED this day of ak 012. PORT OF BREMERTON BOARD OF COMMISSIf Roger ILA Between City of Port Orchard and Port of Bremerton Page 5 of 5 51 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 6 of 24 , 14 `. •�, ` E11 �� •..ru..rba � a, � 6 i 9 ,.. geeg wF gg is —F--7—;;�1i ._.._.._..1., Ji IF vIi : ------ --- — 1 �. 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'� L9: �;' `'+it...II IMO!! ------------------- If` 1��11i1 m w i WHEN RECORDED RETURN TO: City of Port Orchard 216 Prospect Street PORT ORCHARD CITY OF Port Orchard, WA 98366 Easement Rec Fee $ 79, pp 201208060208 2 Walter Washington pM Kitsap Co Auditor Page 111111l111111111111111111llllllllllllllIN11111111111111lllll11111IIE11lllll1111111 , g PEDESTRIAN ACCESS EASEMENT Grantor: Port of Bremerton EXCISE TAX EXEMPT AUG OR 2012 Grantee: City of Port Orchard Complete legal description: See Exhibits A, C, E, G, and 1 Assessor's Parcel No.: Portion 4053-016-001-0003 Portion 4053-016-004-0000 Portion 4053-015-001-0005 Portion 4063-016-002-0004 Portion 4028-001-001.0007 13e5 tne.i v q o4 -i t\e ensi- Corvvr SCLAio l Zee Tow `sk" Nor}h (Line 1 ec,6+) W i r 1 Sap Cotnn�vJ, wcu t,,54m Port of Bremerton (Port), a municipal corporation, Grantor, for and in consideration of donation of an easement to a government entity for the purpose of pedestrian access, conveys and grants to the City of Port Orchard (City), a municipal corporation, its successors and assigns. Grantee, a perpetual right and privilege to construct and maintain a twenty foot (20') wide public access easement over, under, in, along, across and upon the following described real property, situated in the County of Kitsap, State of Washington (the "Easement"): A legal description of the Easement is attached as Exhibits A, C, E, G, and I, and is depicted in Exhibits B, D, F, H, and J (the "Easement Area"), all of which are incorporated herein by this reference. Together with the right to enter upon said Easement Area at any time with all necessary personnel, materials, and equipment for the purpose of constructing, reconstructing, installing, repairing, replacing, operating and maintaining the pedestrian pathway and associated improvements; and further providing that Grantor, its heirs, successor, or assigns shall erect no permanent structure within the Easement Area unless specifically approved in writing by Grantee's City Council. This Easement is granted subject to the following terms and conditions: 1. In the event City ceases to use said Easement Area for a pedestrian pathway, as evidenced by abandonment or in another manner, the Easement granted herein shall terminate. PEDESTRIAN ACCESS EASEMENT Page 1 of 3 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 8 of 24 2. City shall be responsible for the design, construction, maintenance, and repair of the pedestrian pathway within the Easement Area, which shall be at no cost or expense to the Port. 3. City shall be required to obtain all necessary approvals and permits from such governmental entities with jurisdiction for the construction and installation of the pathway and improvements within the Easement Area. 4. The improvements associated with the pedestrian pathway may include, but are not limited to, railing(s), bench(es), trashcan(s), landscaping, lighting, retaining wall(s), and any necessary utilities. 5. City shall indemnify, defend and hold harmless Port, its officials, employees, agents, and representatives from and against any and all claims, liens, demands, losses, damages, expenses, and costs, including attorney's fees and costs, arising from or related to the acts or omissions of City (and City's officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors) in or upon the Easement Area; provided, however, nothing herein shall require City to indemnify and hold harmless Port to the extent of the negligence or other fault on the part of the Port, its officials, employees, agents, consultants, contractors, representatives, or licensees. 6. This Easement shall be construed and enforced in accordance with the laws of the State of Washington. This Easement shall not be construed more favorably to one party over another, notwithstanding the fact one party, or its attorney, may have been more responsible for the preparation of the document. 8. This Easement shall be a covenant running with the land and this Easement (i) shall burden the easement area and (ii) shall be binding upon the successors and assigns of Grantor and Grantee. IN WITNESS WHEREOF, this Pedestrian Access Easement is executed on the date and year set forth below. GRANTEE: GRANTOR: CITY OF PORT ORCHARD, a Washington PORT OF BREMERTON, a municipal corporation municipal_wporation // / Timothy C. Mallithes Larry Its: MayoL Its: Prey Date: I d t7_ Date: s PEDESTRIAN ACCESS EASEMENT Page 2 of 3 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 9 of 24 STATE OF WASHINGTON SS. County of KITSAP On this day personally appeared before me Timothy C. Matthes to me known to be the Mayor of the City of Port Orchard, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged that he signed said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said municipal corporation. GIVEN undel N t�8t�xoff% ial seal this day of 2. �N ` F '. \.� QJ.�ssiorj c c° NOTAR y N'.O = m W. s Z = NOTARY PUBLIC In and forth State of Washington = PUB�1C = Print Name: Nj; •. o ;'per My appointment expires: — c7/ OF wp'S0 STATE OFVIAHINC�,T&� ) ) ss. County of KITSAP ) On this day personally appeared before me Larry Stokes to me known to be the President of the Board of Commissioners for the Port of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged that he signed said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this U­ day of OFFICIAL SEAL I / e - v r., waYE l X_�,ZU1 NOTAR�'PLrOC-STATE OF WASHINGTON NO�PU`I41C�iinAand ithe State of Washington My Commission Expires April 1 2013 Print Name: V ' Y V . olV My appointment expires: PEDESTRIAN ACCESS EASEMENT Page 3 of 3 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 10 of 24 EXHIBIT (MOSQUITO FLEET TRAIL -PORT OF BREMERTON PARCEL 4053-016-001-0003) Parcel "A" A strip of land, 20.00 feet In width, lying within Parcel "B" described hereinafter, lying 10.00 feet on each side of the following described centerline: Beginning at the Southeast corner of Section 26, Township 24 North Range 1 East, WX, In Kiteap County, Washington; thence North 2'32'26" East 2861,27 feet to the East one -quarter corner of said Section 26; thence North 68008'18" West 1238.83 feet to the True Point of Beginning of said centerline; thence South 88'21'19" East 8.94 feet; thence South 88039'46" East 23.66 feet; thence South 88'46'08" East 24.39 feet; thence South 86006,06" East 43.69 feet; thence South 84040'08" East 37.20 feet to the beginning of a curve to the left, having a radius of 70.00 feet; thence along sold curve an are distance of 21.25 feet through a central angle of 17°23'36' to the beginning of a curve to the right, having a radius of 70.00 feet; thence along said curve an arc distance of 20.55 feet through a central angle of 16'49'28"; thence South 85'14'16" East 10.04 feet; thence South 83'09'02" East 29.04 feet; thence South 80'59'49" East 26.72 feet; thence South 79°40'33" East 18.94 feet; thence South 78'2622" East 32.92 feet; thence South 7604546" East 30.30 feet; thence South 74'16'32" East 18.62 feet; thence South 73'08'19" East 36.31 feet; thence South 74"39'13" East 26.80 feet; thence South 75'30'09" East 18.84 feet; thence South 76045'57" East 16.11 feet; thence South 78616'38" East 27.73 feet; thence South 80025'15" East 35.22 feet; thence South 81049070 East 25.87 feet to the beginning of a curve to the right, having a radius of 60.00 feet; thence along said curve an are distance of 28.31 feet through a central angle of 32026'33" to the beginning of a curve to the left, having a radius of 60.00 feet; thence along said curve an arc distance of 20.79 feet through a central angle of 23'49'27", more or less, to the West line of said Parcel: "B"; thence continuing along said 50.00 foot radius curve an arc distance of 17.88 feet through a central angle of 20'29'10'; thence North 86'27'48" East 67.53 feet, more or less, to the East line of said Parcel "B"; thence continuing North 86"2748" East 45.54 feet to the beginning of a curve of the left, having a radius of 52.00,feet,. thence along said curve an are distance of 62.66 feet through a central angle of 69'02'15" to the beginning of a curve to the right, having a radius of 52.00 feet; thence along said curve an arc distance of 55.58 feet - through a central angle of 61'14'U' to the beginning of a curve to the right, having a radius of 200.00 feet; thence along said curve an arc distance of 9.05 feet through a central angle of 2'35'29" to the beginning of a curve to the left, having a radius of 200.00 feet; thence along said curve an arc distance of 65.18 feet through a central angle of 18'40'22" to the beginning of a curve to the right, having a radius of 400.00 feet; thence along said curve an are distance of 40.81 feet through a central angle of 5'50'42" to the beginning of a curve to the right, having a radius of 150.00 feet; thence along said curve an arc distance of 66.01 feet through a central angle of 25'12'52" to the beginning of a curve to the left, having a radius of 160.00 feet; thence along said curve an arc distance of 33.45 feet through a central angle of 12'46'31' to the beginning of a curve to the right, having a radius of 544.68 feet; thence along said curve an arc distance of 65.51 feet through a central angle of 6'53'27"; thence along a non -tangent bearing of North 88'52'34" East 34.09 feet; thence South 89'4346" East 45.41 feet to the beginning of a curve to the left, having a radius of 90.00 feet; thence along said curve an arc distance of 39.38 feet through a central angle of 25'04'22" to a point on the East fine of said Section 26, from which the East one -quarter corner of said Section 26 bears South 1'30'48" West 604.63 feet, and the terminus of said centerline. Port of Bremerton Parcel 4053-016.001-0003 + Page 1 of 2 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page i t of 24 Parcel"B" Lots 1, 2 and 3, Block 10, First Addition to Sidney, according to plat thereof, recorded in Volume 1 of Plats, Page 10, including tidelands. Port of Bremerton Parcel 4053-010-001.0003 + Page 2 of 2 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 12 of 24 i VOLUME3 UPLATS, PAGE 110 / I ♦� d I i1 t •• ' �!, Parcel "A" r C" GAZEBO --1 ' Parcel "B" 4051016-001-0003 '/ ✓ t ' f • J r ell - EXHIBIT _ () Pedestrian Enhancement Project • Mosquito Fleet Trail Portion of G.L. 4, Section 26, T 24 N, R 1 E, W,M., City of Port Orchard, Ntsap County, Washington City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 13 of 24 EXHIBIT C (MOSQUITO FLEET TRAIL- PORT OF BREMERTON PARCEL 4053-016-004.0000) Parcel "A" A strip of land, 20.00 feet in width, lying within Parcel "B" described hereinafter, lying 10.00 feet on each side of the following described centerline: Beginning at the Southeast corner of Section 26, Township 24 North Range 1 East, W.M., In Kitsap County, Washington; thence North 2°3226" East 2661.27 feet to the East one -quarter corner of said Section 26; thence North 68008'18" West 1238.83 feet to the True Point of Beginning of said centerline; thence South 68021'19" East 8.94 feet; thence South 88"39'46" East 23.66 feet; thence South 88"46'08" East 24.39 feet; thence South 86"06'06" East 43.69 feet; thence South 84"40'08" East 37.20 feet to the beginning of a curve to the left, having a radius of 70.00 feet; thence along said curve an arc distance of 21.25 feet through a central angle of 17023'36" to the beginning of a curve to the right, having a radius of 70.00 feet; thence along said curve an are distance of 20.55 feet through a central angle of 16"49'28"; thence South 8501416" East 10.04 feet; thence South 83"09'02" East 29.04 feet; thence South 80959'49" East 26.72 feet; thence South 79"40'33" East 18.94 feet; thence South 78"26'22" East 32.92 feet; thence South 76045'46" East 30.30 feet; thence South 74916'32" East 18.62 feet; thence South 73008'19" East 36.31 feet; thence South 74039'13" East 26.80 feet; thence South 75030'09" East 18.84 feet; thence South 76045'57" East 16.11 feet; thence South 7801638" East 27.73 feet; thence South 80"25'15" East 35.22 feet; thence South 81040'07" East 25.87 feet to the beginning of a curve to the right, having a radius of 50.00 feet; thence along said curve an are distance of 28.31 feet through a central angle of 3202633" to the beginning of a curve to the left, having a radius of 50.00 feet; thence along said curve an are distance of 38.67 feet through a central angle of 44018'37"; thence North 86027'48" East 57.53 feet, more or less, to the West line of said Parcel "B"; thence continuing North 86027'48" East 45,54 feet to the beginning of a curve of the left, having a radius of 52.00 feet; thence along said curve an arc distance of 32.84 feet through a central angle of 36010'54, more or less, to the East line of said Parcel "B"; thence continuing along said 52.00 foot radius curve an are distance of 29.82 feet through a central angle of 32"51'21" to the beginning of a curve to the right, having a radius of 52.00 feet; thence along said curve an are distance of 55.58 feet through a central angle of 61"14'34" to the beginning of a curve to the right, having a radius of 200.00 feet; thence along said curve an are distance of 9.05 feet through a central angle of 2035'29" to the beginning of a curve to the left, having a radius of 200.00 feet; thence along said curve an arc distance of 65.18 feet through a central angle of 18"40'22" to the beginning of a curve to the right, having a radius of 400.00 feet; thence along said curve an arc distance of 40.81 feet through a central angle of 5"50'42" to the beginning of a curve to the right, having a radius of 150.00 feet; thence along said curve an are distance of 65.01 feet through a central angle of 25012'52" to the beginning of a curve to the left, having a radius of 150.00 feet; thence along said curve an are distance of 33.45 feet through a central angle of 12046'31" to the beginning of a curve to the right, having a radius of 544.68 feet; thence along said curve an are distance of 65.51 feet through a central angle of 6053'27'; thence along a non -tangent bearing of North 88"52'34" East 34.09 feet; thence South 89'4346" East 45.41 feet to the beginning of a curve to the left, having a radius of 90.00 feet; thence along said curve an arc distance of 39.38 feet through a central angle of 25004'22" to a point on the East line of said Section 26, from which the East one -quarter corner of said Section 26 bears South 1030'48" West 504.63 feet, and the terminus of said centerline. Part of Bremerton Parcel 4053-016-004-0000 + Page 1 of 2 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 14 of 24 Parcel "B" Lots 4, 5 and 6, Block 16, First Addition to Sidney, according to plat thereof, recorded In Volume 1 of Plats, Page 10, Including tidelands. Port of Bremerton Parcel 4053-016-004.0000 + Page 2 of 2 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 15 of 24 ffffitt�41dkd1dQ�oPU t?O �76Crt7mOp7 Iy N aunaw VOLUMESO ArS, PACE 119 .+ ^ l !. Scale: V=N �� 1 + /r- y-rli + `.dv � r ,1, •' t u ' Parcel "B" � 4053-016.004.0000 er^ d ,• 4 .'/ Parcel �f y ;n IN. - I j oA /'I � EXHIBIT A Pedestrian Enhancement Project • Mosquito Fleet Trail Portion of G.L. 4, Section 26, T 24 N, R t E, W.M., City of Port Orchard, Kitsap County, Washington City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 16 of 24 EXHIBIT, (MOSQUITO FLEET TRAIL- PORT OF BREMERTON PARCEL 4053-015-001.0005) Parcel "A" A strip of land, 20.00 feet In width, lying within Parcel "B" described hereinafter, tying 10.00 feet on each side of the following described centerline: Beginning at the Southeast corner of Section 26, Township 24 North Range 1 East, W.M., In Kitsap County, Washington; thence North 2632'26" East 2661.27 feet to the East one -quarter corner of said Section 26; thence North 68008'18" West 1238.83 feet to the True Point of Beginning of said centerline; thence South 88"21'19" East 8.94 feet; thence South 88°39'46" East 23.68 feet; thence South 88"46'09" East 24.39 feet; thence South 86'06'06" East 43.69 feet; thence South 84040'08' East 37.20 feet to the beginning of a curve to the left, having a radius of 70.00 feet; thence along said curve an are distance of 21.25 feet through a central angle of 17023'36" to the beginning of a curve to the right, having a radius of 70.00 feet; thence along said curve an arc distance of 20.55 feet through a central angle of 16049'28"; thence South 85614'16' East 10.04 feet; thence South 83"09'02" East 29.04 feet; thence South 80°59'49" East 26.72 feet; thence South 79°40'33" East 18.94 feet; thence South 78026'22" East 32.92 feet; thence South 7604546" East 30,30 feet; thence South 74016'32" East 18.02 feet; thence South 73'08'19" East 30.31 feet; thence South 74039'13* East 26.80 feet; thence South 76030'09" East 18.84 feet; thence South 76*46670 East 16.11 feet; thence South 78015'38" East 27.73 feet; thence South 80"25'15" East 35.22 feet; thence South 81'40'07' East 25.87 feet to the beginning of a curve to the right, having a radius of 50.00 feet; thence along said curve an are distance of 28.31 feet through a central angle of 32926'33" to the beginning of a curve to the left, having a radius of 50.00 feet; thence along said curve an are distance of 38.67 feet through a central angle of 44°18'37"; thence North 86027'48" East 103.07 feet to the beginning of a curve of the left, having a radius of 52.00 feet; thence along said curve an arc distance of 62.86 feet through a central angle of 69602'15' to the beginning of a curve to the right, having a radius of 52.00 feet; thence along sold curve an are distance of 55.58 feet through a central angle of 61014'34" to the beginning of a curve to the right, having a radius of 200.00 feet; thence along said curve an arc distance of 7.19 feet through a central angle of 2003'34", more or less, to the West line of said Parcel "B"; thence continuing along said 200.00 foot radius curve an arc distance of 1.86 feet through a central angle of 0031'55" to the beginning of a curve to the left, having a radius of 200.00 feet; thence along said curve an are distance of 18.67 feet through a central angle of 5020'56', more or less, to the East line of said Parcel "B"; thence continuing along said 200.00 foot radius curve an arc distance of 46.51 feet through a central angle of 13019'27" to the beginning of a curve to the right, having a radius of 400.00 feet-, thence along said curve an arc distance of 40.81 feet through a central angle of 5050'42" to the beginning of a curve to the right, having a radius of 150.00 feet; thence along said curve an arc distance of 66.01 feet through a central angle of 25°12'52" to the beginning of a curve to the left, having a radius of 150.00 feet; thence along said curve an arc distance of 33.45 feet through a central angle of 12°46'31" to the beginning of a curve to the right, having a radius of 644.68 feet; thence along said curve an arc distance of 65.51 feet through a central angle of 6"5327"; thence along a non -tangent bearing of North 88'62'34" East 34.09 feet; thence South 89'43'46" East 45A1 feet to the beginning of a curve to the left, having a radius of 90.00 feet; thence along said curve an arc distance of 39.38 feet through a central angle of 25004'22" to a point on the East line of said Section 26, from which the East one -quarter corner of said Section 26 bears South 1 "30'48" West 504.63 feet, and the terminus of said centerline. Port of Bremerton Parcel 4053-015-001-0005 + Page 1 of City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 17 of 24 Parcel "B" Lot 1, Block 15, First Addition to Sidney, according to the plat recorded in Volume 1 of Plats, Page 10, records of Kitsap County, Washington; Together with Lotr2!Block 15, Sidney Tidelands. I Port of Bremerton Parcel 4053-015-001.0000 t Page 2 of 2 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 18 of 24 I � " I I I I " I � I Scale: V=40' I ' I " e I V. I " i q I eh yU 1 IS �, BUILDING " ■ I I I I I I VOLI/AfE30PPlATS, PAGE 116 1 I ' I I ' I - Parcel 4053-015-001-0005—��— I J I / / Parcel "A" EXHIBIT F Pedestrian Enhancement Project - Mosquito Fleet Trail Portion of G.L. 4, Section 26, T 24 N, R 1 E, W.M., City of Port Orchard, Kltsap County, Washington City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 19 of 24 EXHIBIT CT (MOSQUITO FLEET TRAIL- PORT OF BREMERTON PARCEL 4053-015-002-0004) Parcel "A" A strip of land, 20.00 feet in width, lying within Parcel "B" described hereinafter, lying 10.00 feet on each side of the following described centerline: Beginning at the Southeast corner of Section 26, Township 24 North Range 1 East, W.M., in Kitsap County, Washington; thence North 2932'26" East 2661,27 feet to the East one -quarter corner of said Section 26; thence North 68008'18" West 1238.83 feet to the True Point of Beginning of said centerline; thence South 88021'19" East 8.94 feet; thence South 88'39'46" East 23.66 feet; thence South 88046'08" East 24.39 feet; thence South 86'06'06' East 43.69 feet; thence South 84'40'08" East 37,20 feet to the beginning of a curve to the left, having a radius of 70.00 feet; thence along said curve an are distance of 21.25 feet through a central angle of 17923'36' to the beginning of a curve to the right, having a radius of 70.00 feet; thence along said curve an arc distance of 20.65 feet through a central angle of 16049'28"; thence South 65°14'16" East 10.04 feet; thence South 83'09'02" East 29.04 feet; thence South 80069'49" East 28.72 feet; thence South 79"40'33" East 18.94 feet; thence South 78'26'22" East 32.92 feet; thence South 76'4546" East 30.30 feet; thence South 74016'32" East 18.62 feet; thence South 73"08'19" East 36.31 feet; thence South 74639'13" East 26.80 feet; thence South 75'30'09" East 18.84 feet; thence South 76*4667" East 16.11 feet; thence South 78615'38" East 27.73 feet; thence South 60025'15" East 36.22 feet; thence South 81640'07" East 25.87 feet to the beginning of a curve to the right, having a radius of 50.00 feet; thence along sold curve an arc distance of 28.31 feet through a central angle of 3202633" to the beginning of a curve to the left, having a radius of 50.00 feet; thence along said curve an arc distance of 38.67 feet through a central angle of 44°18'37'; thence North 86'27'48" East 103.07 feet to the beginning of a curve of the left, having a radius of 52.00 feet; thence along said curve an arc distance of 62.06 feet through a central angle of 69*02'15' to the beginning of a curve to the right, having a radius of 52.00 feet; thence along said curve an arc distance of 55.58 feet through a central angle of 61'14'34" to the beginning of a curve to the right, having a radius of 200.00 feet; thence along said curve an arc distance of 9.05 feet through a central angle of 2'35'29" to the beginning of a curve to the left, having a radius of 200.00 feet; thence along said curve an arc distance of 18.67 feat through a central angle of 5020'55", more or less, to the West line of said Parcel "B"; thence continuing along said 200.00 foot radius curve an are distance of 2.19 feet through a central angle of 0037'37", more or less, to the southeasterly line of said Parcel "B"; thence continuing along said 200.00 foot radius curve an arc distance of 44.32 feet through a central angle of 12041'50" to the beginning of a curve to the right, having a radius of 400.00 feet; thence along said curve an arc distance of 40.81 feet through a central angle of 5050'42" to the beginning of a curve to the right, having a radius of 150.00 feet; thence along said curve an arc distance of 66,01 feet through a central angle of 25'12'52" to the beginning of a curve to the left, having a radius of 150.00 feet; thence along said curve an arc distance of 33.45 feet through a central angle of 12'46'31" to the beginning of a curve to the right, having a radius of 544.68 feet; thence along said curve an are distance of 65.51 feet through a central angle of 6'63'27'; thence along a non -tangent bearing of North 88'52'34" East 34.09 feet; thence South 89'43'46" East 45.41 feet to the beginning of a curve to the left, having a radius of 90.00 feet; thence along said curve an arc distance of 39.38 feet through a central angle of 25'04'22" to a point on the East line of said Section 26, from which the East one - quarter corner of said Section 26 bears South 1030'48" West 504.63 feet, and the terminus of said centerline. Part of Bremerton Parcel 4053.016.002-0004 t Page 1 of 2 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 20 of 24 Parcel 'B" Lot 2, Block 15, First Addltlon to Sidney, according to the plat recorded in Volume 1 of Plats, Page 10, records of Kiteap County, Washington; Together with Lot 2, Block 15, Sidney Tidelands. Port of Bremerton Parcel 4053-015-002-0004 + Page 2 of 2 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 21 of 24 I � I I d I Scale: Vm 40' I y ( � I .r I 0� • I I BUILDING II 1J ' 1 j P� Ij / ■ 1 ■ I I I ■ mop Aawma too admy ■ VOLUME3017PIATS, PAGE 116 1 1 I ■ ■ I T- I I I I • Parcel "B" I 405& IW02.0004 i `j I 1 /01 EXHIBIT H Pedestrian Enhancement Project - Mosquito Fleet Trail Portion of G.L. 4, Section 26, T 24 N, R 1 E, W.M., City of Port Orchard, Kilsap County, Washington City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 22 of 24 EXHIBIT S (MOSQUITO FLEET TRAIL- PORT OF BREMERTON PARCEL 4028.001.001.0007) Parcel "A" A strip of land, 20.00 feet in width, lying within Parcel "B" and Parcel "C" described hereinafter, lying 10.00 Pest on each side of the following described centerline: Beginning at the Southeast corner of Section 26, Township 24 North Range 1 East, W.M., in Kitsap County, Washington; thence North 2032'26" East 2661.27 feet to the East one -quarter corner of said Section 26; thence North 68'08'18" West 1238.83 feet to the True Point of Beginning of sold centerline; thence South 88'21'19" East 8,94 feet; thence South 88039'46" East 23.60 feet; thence South 88046'08" East 24.39 feet; thence South 86'06'06" East 43,69 feet; thence South 84040'08" East 37.20 feet to the beginning of a curve to the left, having a radius of 70.00 feet; thence along said curve an are distance of 21.25 feet through a central angle of 17'23'36" to the beginning of a curve to the right, having a radius of 70.00 feet; thence along said curve an are distance of 20.55 feet through a central angle of 16'49'28"; thence South 85014'16" East 10.04 feet; thence South 83009'02" East 29.04 feet; thence South 60059'49" East 26.72 feet; thence South 79'40'33" East 18.94 feet; thence South 78'26'22" East 32.92 feet; thence South 76045'46" East 30.30 feet; thence South 74'16'32" East 18.62 feel; thence South 739081W East 17.88 fast, more or less, to the West line of said Parcel "C"; thence continuing South 73'08'19" East 18.43 feet; thence South 74039'13" East 12.57 feet, more or less, to the West line of said Parcel "C"; thence continuing South 74'39'13" East 14.23 feet; thence South 75030'09" East 18.84 feet; thence South 76'45'57" East 16.11 feet; thence South 78015'38" East 27.73 feet; thence South 80625'15" East 36.22 feet; thence South 81040'07' East 25.87 feet to the beginning of a curve to the right, having a radius of 50.00 feet; thence along said curve an arc distance of 15.71 feet through a central angle of 18000'09", more or less, to the northerly line of said Parcel "B"; thence continuing along said 50.00 foot radius curve an arc distance of 12.60 feet through a central angle of 14026'23" to the beginning of a curve to the left, having a radius of 50.00 feet; thence along said curve an arc distance of 20.79 feet through a central angle of 23049'27", more or less, to the East line of said Parcel "B"; thence continuing along said 50.00 foot radius curve an are distance of 17.88 feet through a central angle of 20'29'10"; thence North 86027'48" East 103.07 feet to the beginning of a curve of the left, having a radius of 52.00 feet; thence along sold curve an arc distance of 62.66 feel through a central angle of 69'02'16" to the beginning of a curve to the right, having a radius of 52.00 feet; thence along said curve an arc distance of 55.58 feet through a central angle of 61'14'34" to the beginning of a curve to the right, having a radius of 200.00 feet; thence along said curve an arc distance of 9.05 feet through a central angle of 2'35'29" to the beginning of a curve to the left, having a radius of 200.00 feet; thence along said curve an are distance of WAS feet through a central angle of 18040'22" to the beginning of a curve to the right, having a radius of 400.00 feet; thence along said curve an are distance of 40.81 feet through a central angle of 5050'42" to the beginning of a curve to the right, having a radius of 150.00 feet; thence along said curve an arc distance of 66.01 feet through a central angle of 25'12'52" to the beginning of a curve to the left, having a radius of 150.00 feet; thence along said curve an are distance of 33.45 feet through a central angle of 12'46'31" to the beginning of a curve to the right, having a radius of 544,68 feet; thence along said curve an arc distance of 66.61 feet through a central angle of 6'53'27'; thence along a non -tangent bearing of North 88052'34" East 34.09 feet; thence South 8904346" East 45.41 feet to the beginning of a curve to the left, having a radius of 90.00 feet; thence along said curve an are distance of 39.38 feet through a central angle of 25004'22" to a point on the East line of said Section 26, from which the East one - quarter corner of said Section 26 bears South 1'30'48" West 504.63 feet, and the terminus of said centerline. Port of Bremerton Parcel 4028-001.001-0007 + Pago 1 of 2 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 23 of 24 Parcel 'B" Lots 1 through 8, inclusive, Block 1, Bay Street Addition to Port Orchard, according to plat thereof, recorded in Volume 3 of Plats, Page 116. Parcel "C" Tidelands fronting Lot 7, Block 1, Plat of Bay Street Addition to Port Orchard, according to plat thereof, recorded in Volume 3 of Plats, Page 11e. Port of Bremerton Parcel 4028-001-001.00D7 + Pago 2 of 2 City of Port Orchard and Port of Bremerton Contract No. 052-12 Page 24 of 24 Sinclair Inlet (SIDNEYTIDELANDS) — Parcel T" TIDELANDS 4028.001.001-0007 Parcel "A"-\ • Parcel"A" Scale:102 SW ■ ■ Parcel"B' / �... 4028-001.001.0007 MT .. VOLUME) OFPLATS, PAGE 11600 �I• 0-40 00 jai �.. EXHIBIT X Pedestrian Enhancement Project - Mosquito Fleet Trail Portion of G.L. 4, Section 26, T 24 N. R 1 E, W.M., City of Port Orchard, Kitsap County, Washington