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Home My WebLink About9006120209 FULL RECONVEYANCE THIS SPACE RESERVED FOR RECORDER'S USE: Filed for Record at Request of Land Title Company of Kitsap County FILED F0[! RECORD REO. OF mO COM? AN' Afzer Recording Mail to: 90 JUN 12 PH 2:1 Name CITY OF BREMERTON/IAN SIEVERS Address 239 4TH STREET KIJS!.P O-~ City and State BR]~i~RTON, WA 98310 ~'~ RE: VIEW CREST GARDENS E- W DT- S6 9 '-O The undersigned as trustee under thet certain Deed of Trust, deted APRIL 20 CD in whic~ VIEW CREST VILLAGE LI~IITED PARTNERSHIP is grantor THE CITY OF BREMERTON and is bene~iciary~ recorded on J~]N~ 26 .19 87~ , as Auditor's File No. 8706260006 , in Reel of Mortgages, Frame , records of K~tsap County, Washington, having received from the beneficiary under said Deed of Trust a written request to reconvey, reciting that the obligations secured by the Deed of Trust has been fully satisfied, does hereby reconvey, without warranty, to the person(s) enti'tled thereto all of the right, title and interest now held by said trustee in and to the properW described in said Deed of Trust. PARCEL B IN BLOCK 1, VIE]~ CREST GARDENS, AS PER PLAT RECORDED IN VOLUME 22 OF PLATS, PAGES 60, 61, 62, 63, 64 AND 65, RECORDS OF KITSAP COUNTY, WASHINGTON. Dated JUNE 12 ,19 90 LAND TITLE COMPANY OF KITSAP COUNTY (Name-Title) . ~, . f_~.. . D. Gene Kennedy, Vice President,~ ~u~,,~ gnatory By (Name-Title) STATE OF WASHINGTON STATE OF WASHINGTON ~ ' I ss. ss. COUNTY OF K[tsap COUNTY OF ~ On~'~"'~.'~_'~ 12T~y of .~, ,1990 , ~'fe~l~ .~.o~?'~;J~.~l~ned, a Notary Pubhc ,n and for the State ol Wash,ngton, duly On this day personally appeared before me ~'~on~_~_.'~)ersonallyappeared ....... to me known to be the individual described in and % to~ek~l~th~ ~L~..'thorized Si~natnrv secretary, · - who executed the within and foregoing instru- ~3gv'~._~o~' ecuted the foregoing ~nstrument, and acknowledged the smd ment, and acknowledged that signed the ~ii~'~S'~.~ and voluntary act and deed of said corpora~on, for the uses and same as -- free and voluntary act and deed, pu~t~l~il~t]oned, andon oath statedthat he l S for the uses and purposes therein mentioned, authodzed to execute the said instrument RE[t545 443 GIVEN under my hand and officia~ seal this __ day of . 19 }006120209 Witness my hand and official seal hereto affixed the day and year first above Notary Public in and for the State of Wash- ~.~ YJ-C)---/~ ington, residing at Notary Public in and for the State of Washington, residing at Bremerton SAFECO Stock No. WADT-O0~7 (Rev 2-84) 497Z021 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, is made this __ day of , 1990 by and between Viewcrest Villages Limited Partnership, a Washington limited partnership ("Viewcrest") and Puget Western Inc., a Washington corporation, ("Puget"). RECITALS 1. Viewcrest is the fee owner of certain real property located in the City of Bremerton, County of Kitsap, State of Washington, and legally described on Exhibit A attached hereto ("Viewcrest Parcel"). 2. Puget is the fee owner of adjacent real property located in the City of Bremerton, County of Kitsap, State of Washington, and legally described on Exhibit B attached hereto ("Puget Parcel"). 3. Puget desires to use the portion of the Viewcrest Parcel legally described on Exhibit C attached hereto ("Easement Parcel") for the purposes of vehicular and pedestrian passage to and from the Puget Parcel and for utilities. 4. Viewcrest is willing to grant an easement for the benefit of the Puget Parcel over and across the Easement Parcel for the purposes of vehicular and pedestrian passage and utilities on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties hereby agree as follows: 497Z021 1. Grant of Easement. Viewcrest, for the benefit of the Puget Parcel, hereby grants to Puget and its successors and assigns a perpetual, appurtenant, non-exclusive right, privilege and easement to use the Easement Parcel for (i) the passage (but not parking) of vehicles; (ii) the passage of pedestrians; and (iii) utility purposes, limited to underground utility lines and other equipment directly related thereto providing service for electrical power, natural gas, telephone, sewer and water. No structures of any kind or nature shall be allowed on the Easement Parcel. Viewcrest reserves the right to use the Easement Parcel for the passage (but not parking) of vehicles, the passage of pedestrians and utilities. 2. Improvements. Puget may construct a paved roadway on the portion of Easement Parcel, located within Lot 3, Block 1, View Crest Gardens, suitable for carrying vehicular and pedestrian traffic over and across that portion of the Easement Parcel. The plans and specifications for construction of the roadway shall be subject to the approval of Viewcrest and any appropriate governmental authority. In the event it is discovered at the time of the construction of improvements on the Easement Parcel that the easement granted herein is not adequate for the purposes granted, Viewcrest shall cooperate to a reasonable extent to make the necessary changes. Such construction shall include the laying of cement or asphalt to create the roadway and the construction of a retaining wall. Puget agrees to promptly pay for all costs and expenses relating to such construction work and shall not permit any -2- 497Z021 mechanic's liens to be filed against the Viewcrest Parcel. Puget agrees to indemnify and hold harmless Viewcrest against any and all claims, costs, expenses and liability (including reasonable legal fees and costs of suit incurred in connection with any claims) resulting from any construction and/or repair work performed at the request of Puget on the portion of the Easement Parcel located within Lot 3, Block 1, View Crest Gardens. During and after any construction work, Puget shall cause to be removed from the Easement Parcel located within Lot 3, Block 1, Viewcrest Gardens, all debris, surplus material and construction equipment and leave the Easement Parcel in a neat and presentable condition. At the time of completion of the construction work, Puget shall cause the restoration to smooth surface contours and neat condition. 3. Maintenance and Repair. Viewcrest shall maintain the Easement Parcel as a paved area suitable for carrying vehicular and pedestrian traffic over and across the Easement Parcel. The Easement Parcel shall be maintained by Viewcrest in good order, condition and state of repair. The maintenance obligation contained in this paragraph shall include, without limitation, (i) keeping the Easement Parcel in a clean, unlittered, orderly and sanitary condition; (ii) removing, to the extent practicable, snow, ice and surface water from the Easement Parcel; and (iii) repairing, maintaining and replacing the pavement on the Easement Parcel as may be necessary. Viewcrest agrees that during any construction or repair work, it shall interfere as little as possible with the passage of vehicles and pedestrians. -3- 497Z021 Viewcrest shall be responsible for thirty-five percent (35%) of the costs and expenses incurred to maintain and repair the Easement Parcel, and Puget shall be responsible for sixty-five percent (65%) of such costs and expenses. Provided, however, Puget's obligation for such maintenance and repair costs shall not be effective until a building permit is issued for a building to be constructed on the Puget Parcel. Upon completion of any maintenance and repair work performed by Viewcrest, or at such other time as Viewcrest may desire, Viewcrest shall provide Puget with copies of invoices reflecting all costs and expenses incurred for such work. Puget shall pay to Viewcrest it proportionate share of such costs and expenses within fifteen (15) days of receipt of the invoices. In the event Puget does not pay its proportionate share within said fifteen (15) day period, Viewcrest shall have the right to a lien against the Puget Parcel for all costs and expenses which were incurred by Viewcrest to maintain, repair and/or improve the Easement Parcel, and Viewcrest shall have a right to foreclose such lien pursuant to applicable law. Interest at the rate of eight percent (8%) per annum shall accrue from the date any monies are advanced by Viewcrest until said monies are paid in full. Notwithstanding anything contained herein to the contrary, any lien created hereunder shall be subordinate to any existing or future mortgage on the Puget Parcel. 4. Liability Insurance and Indemnity. Puget shall maintain in full force and effect comprehensive liability -4- 497Z021 insurance with a financially responsibly insurance company or companies. Such insurance shall cover personal or bodily injury or death, and property damage. Puget agrees to indemnify, defend and hold harmless Viewcrest from and against all claims, costs, expenses and liability (including reasonable legal fees and costs of suit incurred in connection with all claims) relating to any actions or proceedings brought arising from or as a result of the death of, or any accident, injury, loss or damage whatsoever caused to any person or entity or to the property of any person or entity which occurs on the Easement Parcel. 5. Duration: Bindina Effect. This Agreement shall be perpetual and shall run with and bind the Easement Parcel for the benefit of the Puget Parcel. 6. Enforcement. The parties hereto and their respective successors and assigns may enforce their rights under this Agreement in any manner provided at law or in equity, including without limitation, a suit for damages or injunctive relief. All costs and expenses of any such suit or proceedings shall be assessed against the non-prevailing party. All remedies set forth in this Agreement shall be cumulative, and shall be in addition to those otherwise available to the parties. 7. Headings. The paragraph headings herein are for convenience and reference only and in no way define or limit the scope or contents of this Agreement or in any way affect its provisions. 8. No Joint Venture. Nothing in this Agreement shall be construed to make Viewcrest and Puget partners or joint -5- 497Z021 venturers, or to render either of Viewcrest or Puget liable for the debts or obligations of the other. 9. Waiver. No delay or omission by Viewcrest or Puget to exercise any right or power occurring upon any non-compliance or failure of performance by the other under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by Viewcrest or Puget of any covenant, condition, or agreement hereof to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof, or of any other covenant, condition or agreement herein contained. 10. Notices. Any notice, request or demand required or permitted under this Agreement shall be in writing and shall be deemed given when personally served or three (3) days after deposited in the United States mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to Viewcrest: Viewcrest Villages Limited Partnership c/o Heartland Realty Investors, Inc. 4802 Nicollet Avenue South Minneapolis, MN 55409 If to Puget: Puget Western Inc. P. O. Box 97034 Bellevue, WA 98009-9734 Attn: Mr. George Lertkantitham Real Estate Department Either party may change its address for the receipt of notice by written notice to the other given in the manner provided in this section. -6- 497Z021 11. Governina Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington and enforced in courts having venue within the State of Washington. 12. Partial Invalidity. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such provision to any other person or circumstance shall not be effected thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 13. Amendments to be in Writinq. No agreement shall be effective to add to, change, modify, waive or discharge this Agreement, in whole or in part, unless such agreement is in writing and signed by the parties to be bound. 14. Successors; Conveyance. This Agreement shall run with the lands described herein and shall be binding upon and inure to the benefit of both Viewcrest and Puget and their respective successors and assigns. Viewcrest acknowledges that Puget shall have the right to assign the rights of Puget hereunder upon transfer or conveyance of the Puget Parcel. Upon conveyance of all of the parties' interests in the Viewcrest Parcel or the Puget Parcel, the transferring party shall be relieved of any liability under this Agreement arising on or after the date of transfer, and the transferee shall be deemed to have assumed all of the obligations of the transferor arising hereunder on or after such date of transfer. -7- 497Z021 'IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date and year first above written. VIEWCREST VILLAGES LIMITED PARTNERSHIP, A Washington Limited Partnership By: Heartland Realty Investors, Inc., A Minnesota Corporation, Its Managing General Partner By: H. William Walter, President PUGET WESTERN INC. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On the __ day of , 1990, personally appeared before me H. William Walter, who did say that he is the President of Heartland Realty Investors, Inc., a Minnesota Corporation, and that he executed the foregoing instrument on behalf of said Corporation in its capacity as the Managing General Partner of Viewcrest Villages Limited Partnership, a Washington Limited Partnership, and said H. William Walter acknowledged to me that said Viewcrest Villages Limited Partnership, a Washington Limited Partnership, executed the same. Notary Public -8- 497Z021 STATE OF ) )ss. COUNTY OF ) On the day of , 1990, personally appeared before me , who did say that he/she is the of Puget Western Inc., a Washington corporation, and that he/she executed the foregoing instrument on behalf of said corporation in his/her capacity as of the corporation, and said acknowledged to me that he/she executed the foregoing instrument as his/her free act and deed on behalf of said corporation. Notary Public THIS INSTRUMENT DRAFTED BY: MOSS & BARNETT (WAH/SLA) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-4119 Telephone: (612) 347-0300 -9- 497Z021 EXHIBIT A LOt 3, Block 1 and Parcel C, Block 1, View Crest Gardens, as per plat recorded in Volume 22 of Plats, pages 60 to 65, records of Kitsap County, Washington. -10- 497Z021 EXHIBIT B Puget Parcel Parcel B in Block 1, View Crest Gardens, as per plat recorded in Volume 22 of Plats, pages 60, 61, 62, 63, 64 and 65, records of Kitsap County, Washington. -11- 497Z021 EXHIBIT C Easement Parcel · DEPARTMENT OF COMMUNITY DEVELOPMENT · June 22, ~990 Mr. H. William Walter, President Heartland Realty Investors, Inc. 4802 Nicollet Avenue South Minneapolis, Minnesota 55409 Re: Easement - Viewcrest Gardens to Puget-Power Dear Mr. Walter; I am familiar with the access easement that may be granted from Viewcrest gardens to Puget Sound Power & Light Company for access from Sylvan Way across Parcel C and the easterly 2 feet of Lot 3, Block 1, Plat of Viewcrest Gardens. The granting of this Easement does not result in a violation of any City codes or ordinances. Sincerely, RWH:jrd cc: Ian R. Sievers, Bremerton C~y Attorney Kathleen McCluskey, Clerk~/ 286 4TH STREET · BREMERTON, WA 98310 · (206) RELEASE OF PLAT CONDITIONS KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, the City Council of the City of Bremerton, Washington in approving a subdivision of that property known co,only as the Viewcrest Gardens Complex wherein a 1.8 acre parcel in Block 1 was designated Parcel B which said parcel is more particularLy described as: Parcel B in Block 1, Viewcrest Gardens, as per plat recorded in volume 22 of plats, pages 60, 61, 62, 63, 64 and 65 records of Kitsap County, State of Washington. Wherein said parcel was designated "recreation", whereby said 1.8 acre parcel was dedicated for recreational use as a condition of plat approval; and WHEREAS, the Planning Commission of the City of Bremerton on April 17, 1990, in public hearing, recommended approval of the removal of the "recreation" designation from the above described 1.8 acre parcel; and WHEREAS, the City Council of the City of Bremerton on May 23, 1990, in public hearing, held pursuant to RCW 58.17.215 approved the removal of the recreation designation of the above-described 1.8 acre parcel. NOW, THEREFORE, the City of Bremerton does hereby release Parcel B of the Viewcrest Gardens plat from the recreation condition imposed thereon. DATED this ~_ day of ~-,~-_ , 1990. LOUIS MENTOR, Mayor ATTEST: KA~HLEEN McCLUSKEY, City Clerk RELEASE OF PLAT CONDITIONS -1- STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Mayor Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, respectively, of the City of Bremerton, the City that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. ~VEN under my hand and official seal this /~ay of , 1990. Notary Publi~in and for the Stat~o[~;-- _. i Washington, ~esiding at~~~ My appointment expires: ~-~-~ RELEASE OF PLAT CONDITIONS -2- REQUEST TO APPROVE EASEMENT THE UNDERSIGNED, THE CITY OF BREMERTON, Beneficiary under that Deed of Trust, dated April 20, 1987, and filed June 26, 1987, as Auditor's Recording No. 8706260006, hereby requests Land Title, Trustee under said Deed of Trust, to approve conveyance of an access Easement, between Viewcrest Villages Limited Partnership, a Washington limited partnership, Grantor, and Puget Western, Inc., a Washington corporation, Grantee, upon that property, situated in Kitsap County, Washington, described as follows: An easement for ingress and egress over the East 37.00 feet of Parcel "C" of the Plat of View Crest Gardens as per plat recorded in Volume 22 of Plats, page 60 records of Kitsap County, Washington, located in the Southwest quarter of the Northwest quarter of Section 1, Township 24 North, Range 1 East W.M. ALSO the easterly 2.0 feet of Lot 3, Block 1 of the Plat of View Crest Gardens as per plat recorded in Volume 22 of Plats page 60, records of Kitsap County, Washington, being more particularly described as follows: Beginning at the Southeast corner of said Lot 3; thence N 31°31'17'' E along the easterly line thereof 122.55 feet to the Northeast corner of said Lot 3; thence N 44003'27'' W along the North line of said Lot 3 a distance of 2.07 feet; thence S 31°31'17'' W 124.24 feet to the South line of said Lot 3; thence S 88058'06'' E along the South line thereof 2.31 feet to the Point of Beginning. DATED this ~ day of '~ ~ , 1990. CIT~ ~B ERTON LOUIS MENTOR, Mayor ATTEST~ KATHLEEN McCLUSKEY, Cler~ FORM: ~AN R. SIEVERS, City Attorney REALTY -- 1206~?~20089 P, 02 Worct C. Muller. Ltoereed ~ Surveyor 217 Sidney Avenue Port ~, WA ~ ;~e 20, ~ ~ e~ ~r ~s ~ ~s o~ ~ ~t 37.~ ~t of Plat ~ Vi~ ~ G~ m ~ pl~t ~ ~ Vol~e ~ ~ Ph~, No~t ~ of ~ 1, To~sMp 24 No~, ~e ~ East ~r Mat r~rd~ ~n Vol~e 22 of Plats ~e ~, ~rds of ~sap Co~, W~s~on ~ more p~c~ly d~b~ ~ ~ at ~e ~u~t ~m~ of ~d ~t 3; ~ence N 31~31'i~' E ~o~ ~'~ ~,~'27" W ~o~ ~e Nor~ ~e of s~d ~t 3 a dis~ ~ 2.07 f~ 31~3I'I~' W 124.24 ~t ~ ~e ~u~ ~e of s~d I~t 3; thence S ~38'~" ~ut~ ~e ~f Z31 f~t to &e Point of ~ng. RELEASE OF PLAT CONDITIONS KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, the City Council of the city of Bremerton, Washington in approving a subdivision of that property known commonly as the Viewcrest Gardens Complex wherein a 1.8 acre parcel in Block 1 was CD designated Parcel B which said parcel is more particularLy described as: Parcel B in Block 1, Viewcrest Gardens, as per plat recorded in volume 22 of plats, pages 60, 61, 62, 63, 64 and 65 records of Kitsap County, State of Washington. Wherein said parcel was designated "recreation", whereby said 1.8 acre parcel was dedicated for recreational use as a condition of plat approval; and WHEREAS, the Planning Commission of the City of Bremerton on April 17, 1990, in public hearing, recommended approval of the removal of the "recreation" designation from the above described 1.8 acre parcel; and WHEREAS, the City Council of the City of Bremerton on May 23, 1990, in public hearing, held pursuant to RCW 58.17.215 approved the removal of the recreation designation of the above-described 1.8 acre parcel. NOW, THEREFORE, the City of Bremerton does hereby release Parcel B of the Viewcrest Gardens plat from the recreation condition imposed thereon. DATED this ~_ day of ~ ~ , 1990. LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk RELEASE OF P~T CONDITIONS -1- 9006220 22 STATE OF WASHINGTON ) : Ss. COUNTY OF KITSAP ) On this day personally appeared before me Mayor Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, respectively, of the City of Bremerton, the City that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. ~VEN under my hand and official seal this / ~'~'~day of , 1990. ~ ....q~ .~.~:: ?~.. Notary Publi~ in and for the Stat~o[~F- '/'~" Washington, ~esiding at ~-~&e~T~-'~'~-'~'~ ~ .... · My appointment expires: ~- ~-~ ~Z. RELEASE OF PLAT CONDITIONS -2- 900&220122 LAW OFFICES MOSS & BARNETT PAUL G NE]MANN DAVID P J~ND~K 347--0310 ~. C~C[~^ ~V O~ COUNSEL VIA TELEFAX Mr. zan R. Slavers f;it'¥ 'qRi City Attorney City of Bremerton 239 Fourth Street Bremerton, Washington 98310 Re: Viewcrest Villages Limited Partnership/View Crest Garden Apartments Easement to Puget Western Dear Mr. Sievers: Pursuant to the request of Bill Walter, enclosed please find proposed Easement Agreement and Consent by Trustee with respect to the above-referenced project. You will note that the enclosed Easement Agreement does not reflect the legal description of the Easement Parcel. Once we receive a survey and legal description from the surveyor, we will forward the same to you. We would also appreciate your assistance in obtaining a letter from the City of Bremerton stating that after the granting of the Easement, the project will not violate any codes or ordinances with respect to parking. We would appreciate you reviewing the enclosed documents at your earliest convenience, and then contacting Bill Haug of this office or me with any questions or comments you may have. Yours very truly, Legal Assistant SLA/grh 581ZGRH cc: MS. Carol Dickinson (via Telefax) Mr. H. William Walter William A. Haug, Esq. MOSS' & BARNETT Federal Ex, res s . ~r. Ian R. Sievers ' ~t City Attorney / ~ City of Bremerton 239 Fourth Street Bremer ton, Washington 98310 Re: Parcel B in Block 1, View Crest Gardens I ~ enclosing a Request of Partial Recomveyance concerning the ~ove 1.8 acre parcel which is s~ject to a Deed of Trust in favor of the City of Bremerton for reh~ilitation purposes. Bill Walter of ~eartland Realty Investors, Inc. has discussed this matter with Carol Dickinson, the Co--unity Services Manager. In order to have the subject property released, it will be necessary for the appropriate officer or officers of the City to execute the enclosed Request of Partial Reconveyance. I trust ~ou will attend_ to this and after doing so, please forward the Request directly t~nd Title CompS, the Trustee, who will actuall~ prepare and file the Partial Recomveyamce. Ian, we need ~our i~edlate cooperation regarding this. We anticipate closing concerning this property by the end of May and need to have the Partial Reconveyance filed of record at the date of closing. If you should have any questions regarding this matter, please do not hesitate to give me a call. Yours very truly, Willi~ A. Baug cc: Mr. H. Willi~ Walter (w/enclosure) CONSENT BY TRUSTEE The undersigned, being the Trustee of that certain Deed of Trust dated April 20, 1987 and filed June 26, 1987, as Recording No. 8706260006, among View Crest Village Limited Partnership, a Washington limited partnership, as Grantor, The City of Bremerton, as Beneficiary, and Land Title Company, as Trustee, does hereby consent to the attached Easement Agreement, dated , 1990. a~8~n Corporation Its: STATE OF WASqI~ ) ~'~i%P ) ss. COUNTY OF .) The foregoing instrument was acknowledged before me this 28/H day of JIAE , 1990 by D.G~AEK~Dy and N/A , the~P~]I~Nl~ and N/A , respectively, of Land Title Company a corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT DRAFTED BY: MOSS & BARNETT (WAH/SLA) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-4119 Telephone: (612) 347-0300 495Z021