HomeMy WebLinkAboutPORTER / LOTS 1 & 2 BLK 7 PLAT EASEMENT
THIS AGREEMENT, made and entered into this/~2~ffj day of October, 1995, by
and between the City ofBremerton, a first class municipal corporation, (hereinafter referred
to as "City"); and Dorothy Goode (hereinafter referred to as "Grantee").
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 Grantor and Grantee hereby agree, and covenant as follows:
1. GRANT OF EASEMENT:
Grantor City of Bremerton conveys and quit claims to Grantee an easement for
purposes of constructing, maintaining and repairing and access road and utilities lines and
ditches across the property described as follows:
The south 15 feet of the north one half of vacated Porter Street adjacent to
lots 1 and 2, Block 7 Plat of Port Orchard, according to the records of the
Kitsap County Auditor, Kitsap County, Washington.
2. HOLD HARMLESS:
The City shall not be liable to Grantee, 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 Grantee and City intend that this Agreement shall be a covenant running with
the land described above and shall be binding upon City's and Grantee's successors in
interest.
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4. GOVERNING 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.
5. JURISDICTION AND VENIJE:
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.
6. SEVERABILITY:
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 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 ag?eements 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 the day and year first above written.
ciTY oF BRE ,E TON
LYNN HORTON, Mayor
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A~]~ .~. ~O FORM:
IAN R. SiF. VERS, City Attorney
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me Lynn Horton, Mayor for the City of
Bremerton, the munieipai corporation described in and that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that she was authorized to execdte said instrument on behalf of said corporation.
GIVEN under my hand and official seal this/,ge~ day of ~__., 1995.
N~-tary Pfl~li3~ and fx0r th~ State( of Washington
residing at: (~o,~,~4~-~_) .
My appointment expires: ,0--/.5'- ~,F
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Grant of FOR AGENDA OF: Oct 4, 1995
access easement over city ORIGINATING DEPT: Legal
property at Constitution and ORIGINATOR: Ian Sievers, ~ ~
Porter Att°rney~=~~'~
DATE SUBMITTED: 9/27/95 ~,
~.~L~: ,(Comment on back if necessary) 3 EXHIBITS:
Ad_~21~_~ervlc~s-D~rec~or
City ~ngi~eer -Proposed Easement
-Site map
COUNCIL COMMITTEE .~, {~ .
ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REOUIR~T FOR COUNCIL ACTIOn: ~
The City owns a parcel with one half of vacated Porter St. Dorothy Go0de has
requested sale of a 15 foot easement for access to her parcel over vacated Porter
St. north of the center line to allow development of her property. The parcel is
currently landlocked and an easement over the City property is the shortest outlet
to a public street. Consideration is $200
8. RECOMMENDATION:
Approve proposed access easement
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIBATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED/~DISAPPROVED [] AMENDED [] DATE:
COUNCIL DI.ECTIW: q CV .
CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Grantee would be forced to condemn easement
6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCEs;:
negligible
7. RESEARCH SOURCES:
ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR
Gateway to ~ Olympics and Home of lhe Pug~ Sound Naval Sh~m~:t
October 20, 1995
Nancy Beck-with
P. O. Box 295
Quilcene, WA 98376
Dear Ms. Beckwith:
Enclosed is the fully executed Easement Agreement between the City of Bremerton and Dorothy
Goode. This document must be recorded with the I~tsap County Auditor.
Sincerely,
~ske
Administrai~ve Sen~~
KLM:ch
enclosure
239 4TH STREET · BREMERTON, WA 98337 · (360) 478-5290 · FAX (360) 478-5200