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HomeMy WebLinkAbout9509210027 ~ ~; '~ 1995 THIS AGREEMENT, made and entered into this ~ day of ~t?//~, 1995, by and between the City of Bremerton, a first class municipal corporation, (hereinafter referred to as "city"); and REYMONT HOMEOWNERS ASSOCIATION (hereinafter referred to as "Grantor" ), FOR AND IN CONSIDERATION of the mutual promises and benefits contained herein and for other valuable consideration, the receipt of which is hereby acknowledged, the City, Grantor and Grantee hereby agree and covenant as follows: 1. GRANT OF EASEMENT: WHEREAS, Grantor holds title to the real property legally descibed as follows: TRACT B - COMMON AREA, LOTS 6 AND 8, TOGETHERWITH SECOND CLASS TIDELANDS FRONTING PLAT, TOG~i'HERWITH PRIVATE ROADS, PLAT OF REYMONT, ACCORDING TO PLAT THEREOF, RECORDED IN VOLUME 20 OF PLATS, PAGES 132 THROUGH 135 INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. Grantor does hereby convey and quit claim to City an easement for purposes of constructing, operating, maintaining and repairing a sewer main across the property described as follows: SEE EXHIBIT "A" ATTACHED --T, ~. ~, u~,~-~,~', ~.~ ~ ~' SEP 21~ ~995, 9:j~ AM ~EP ~:t 1995 REEL 8876 K~TSAP COUNTY TREASURER 2. HOLD HARMLESS: Grantor hereby agrees to hold harmless and defend the City from all claims and liability due to the negligent acts, errors or omissions of Grantor, his agents and/or employees. The City shall not be liable to Grantor, or any other party for any claim whatsoever arising in connection with this Agreement, except for negligence solely and entirely the fault of the City. 3. EASEMENT TO RUN WITH THE LAND: The Grantor and City intend that this Agreement shall be a covenant running with the land described above and shall be binding upon Grantor's and City's successors in interest. 4. GOV_~LAW: The place of making this Agreement shall be deemed to be the State of Washington, and the legal rights and obligations of the parties hereto shall be determined in accordance with the laws of the State of Washington. A.F. ~: REEL O~7b FR 5. JURISDICTION AND VENUE: In the event that any suit or action shall be brought in connection with any of the terms and conditions of this Agreement, the parties hereto hereby agree that jurisdiction and venue of any such suit or action shall properly lie in Kitsap County, State of Washington. In the event that any section, or any part of any section, or this Agreement shall be declared invalid by a court of competent jurisdiction, said holding shall have no effect upon the remaining EASEMENT -2- sections of this Agreement, which shall remain in full force and effect, 7. ENTIRETY: This Agreement constitutes the entire agreement and understanding between the parties hereto, There are no other agreements or understandings, either written or oral, which modify or have any effect upon this Agreement. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be effective on thee day and year first above written,·~~ GRANTORS: Estes Gra,~l~, P~e~dent ~f~e ~a~tin~ S~cretary STATE OF WASHINGTON ) REEL 0876 FR : SS. COUNTY OF KITSAP ) On this ~ day of ~X~ &~ , 1995, before me personally appeared Est G_~ and B~uce Martin , to me known to be the President and Secretary , of the Reymont Homeowner's Association that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Association , for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. In Witness ~ereof, I have ~ereunto set my hand and affixed my ~ seal the day and year ~rst abo~ ~it~en. ~k:~9. ~i~ ~. NOTARY PUBLIC in and~r the State of Washington m ~ ~m~ residing at EAsEmENT -3-