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HomeMy WebLinkAbout200604070160 i , ,t , Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, W A 98337 111111111111111111111I1111111111111111111 ::j~~1~~~~~':;PO LAND TITLE CO ESMT $38.SS Kitsap Co, WA EXCiSE TAX exeMFfAPR '/2006 t2. ' 2..0 (p ~~ k AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Water Easement Reference Number(s) of Documents assigned or released: N/ A Grantor(s): 1. F.W. Erlands Point Apartments LLC ~ Additional names on page 2 of document. Grantee(s): 1. The City of Bremerton ~ Additional names on page 3 of document. Legal Description: A portion of the SE Y. of the SE Y. in Sec. 05, T 24 N, R 1 E, W.M. ,Kitsap County, ( abbreviated) WA. ~ Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 3721-000-001-0001 Project Name: Erlands Point Apartments Water Main Easement. WATER EASEMENT (Limited Liability Company) II THIS INSTRUMENT made this 2!: day of between F.W. Erlands Point Apartments LLC (hereinafi BREMERTON, a Washington municipal corporation Washington (hereinafter "Grantee"). , 2006, by and r "Grantor") and the CITY OF of Kitsap County, State of WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant, bargain, sell, convey, and confirm unto Grantee, its successors and/or assigns, an easement for water utilities, with necessary appurtenances, over, through, across and upon the following described property situated in Kitsap County, Washington, more particularly described as follows: SEE EXHIBIT "A" ATTACHED WATER EASEMENT (Limited Liability Company) - Page 1 of 6 ,4,' ~ Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above-referenced property and immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the utility/utilities, or making connections to that system, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document. Under no circumstances shall Grantor place any cement, concrete, structure, trees, large shrubs or any other objects on the property described in this easement or the immediately adjacent incidental areas in a manner that would interfere with Grantee's use ofthe easement. This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. FW ERLANDS POINT APARTMENTS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY BY: FW GROUP, L.L.C., A WASHINGTON LIMITED LIABILITY CO P ANY ITS: MANAG R BY: (Notmy Acknowledgment Appears on Next Page) 1111111111111I11 111111 LAND TI TLE CO ESMT $38 . ~~ 200604070160 P i'lge : 2 of ? ~4!~?!2~~6 ~1:25P Kitsi'lp Co.. WA WATER EASEMENT (Limited Liability Company) - Page 2 of 6 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of . , 2009, before me a Notary Public in and for the State of Washington, personally appeared Michael J. Wensman to me known to be the Manager of F.W. Erlands Point Apartments LLC, a limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the limited liability company, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: /f~ aGE . LUBOVICH City Attorney I III "" 1111" "" 1111 111I " LAND TI TLE CO ESMT $38 . && 200604070160 P<ig€': 3 of 7 &4!&7!2&&S &1:25P Ki t.S<ip Co.> WA WATER EASEMENT (Limited Liability Company) - Page 3 of 6 STATE OF WASHINGTON ) )-ss ) COUNTY OF KING I certify that I know or have satisfactory evidence that MICHAEL J. WENSMAN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the MANAGER of FW GROUP, L.L.c., the acting MANAGER of FW ERLANDS POINT APARTME LLC, A WASHINGTON :~:~T~~M ~~; f, re ""d "'""'''y "" "f ,",h P iy f"1;:';" ",d P"'P"'"' m,,,'; <cd;" n,;, "''', "mm' ,W;:';.: :"....... Notary Public In and for the ,\' 'ff,.),:r:.ol t. , ......\ 'c:)! ,~.,_'1:~"'. ~ EJ;Ct- "'4 My appointnlent expires: .,,~' ~.t:-~~.t'''~.~~".~~;,~,o" ;"<"'r I....... ::,:,"~-i!i; ,.,y" ON"'''' ,(t~...:.~,,'\. ~ ;~ 'f{'.;' . 4;~ ....".Jb.-:, ;:..': ~1: .. Y . .,t -:;~ ; :: .oJ;:. ~ 4~ .- ~.t'": 'J~~"~":,~ t~~~. ,./:) ~~' \'v,~~:,~<~ ~ (/):-~I. {JOt. .~t.. 01;:: . "~~":">~l--:," ~.>..- ......f~ "')I'~'" 29 ~I() ,," <:> ..,';:- . '<,!.'{:: ,......~.,.'"... \~ .f.:' ';"'~~'~' 0 f: ,~,.r r ts \~, \,,'\~/.," '(IJ\-,t:-.},.;f.:,' r,,"\\ ,f' ashl11gton p: eRP" ~ 1 LPB-I O( c) 7/97 LAND TITLE CO ES~lT $38 . SS 200604070160 P <tge : 4 of 7 S4!S7!2SS6 Sl:25P Kits<tp COI WA II Illl Illlllllll 111111 EXHIBIT A A 20 foot wide easement situated within the Southeast quarter of the Southeast quarter of Section 5, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, the alignment of which is described as foilows: Commencing at the NOIthwest corner ofthe Southeast qualter of said Section 5; thence South 89003'21" East along the North line thereof723.38 feet; thence South 0054'08" West 31.32 feet to the True Point of Beginning of this alignment; thence South 0031'43" West 12.37 feet; (Easement sidelines 5.00 feet right and i 5.00 feet left) thence South 88056'24" East 30.14 feet; (Easement sidelines centered) thence North 88056'24" West 30.14 feet; (Easement sidelines centered) thence South 0054'08" West 90.69 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence South 89004'11" East 29.61 feet; (Easement sidelines centered) thence North 89004'11" West 29.61 feet; (Easement sidelines centered) thence South 0048'41" West 19.20 feet; (Easement sidelines centered) thence South 21035'12" West 5.30 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence South 67016'21" West 14.99 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence North 22045'18" West 35.58 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence South 22045'18" East 35.58 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence South 67016'07" West 100.51 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence South 59030'06" West 56.13 feet (Easement sidelines 15.00 feet right and 5.00 feet left) to herein after described point "Pl." for description purposes; thence South 59032'47" West 13.41 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence South 30027'13" East 24.16 feet; (Easement sidelines centered) thence North 30027' 13" West 24.16 feet; (Easement sidelines centered) thence South 59032'47" West 93.31 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence North 30025'49" West 45.25 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence South 30025'49" East 45.25 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence South 59035'03" West 30 feet, more or less, to the East margin of Austin Drive and the Point of Tenn'ination of this line; (Easement sidelines 15.00 feet right and 5.00 feet left) ALSO Beginning at the above described point "A"; thence South 30027'30" East 42.62 feet; (Easement sidelines centered) thence South 3055'48" East 15.26 feet; (Easement sidelines centered) thence South 41004'12" West 88.66 feet; (Easement sidelines centered) thence South 3055'48" East 15.71 feet; (Easement sidelines centered) thence South 47058'54" East 75.] 7 feet; (Easement sidelines centered) thence South 40003'28" West 36.46 feet; (Easement sidelines centered) thence North 40003'28" East 36.46 feet; (Easement sidelines centered) thence South 47053'38" East 20.85 feet; (Easement sidelines centered) thence South 40006'15" West 29.89 feet; (Easement sidelines centered) thence North 40006'15" East 29.89 feet; (Easement sidelines centered) thence South 48010'08" East 9.79 feet; (Easement sidelines centered) thence South 47045'22" East 9.44 feet; (Easement sidelines centered) thence South 22029'09" East 15.22 feet; (Easement sidelines centered) thence South 0055'49" West 131.23 feet; (Easement sidelines centered) thence South 89005'50" East 29.99 feet; (Easement sidelines centered) thence North 89005'50" West 29.99 feet; (Easement sidelines centered) thence South 0055'49" West 19.76 feet; (Easement sidelines centered) thence North 89006'0 1" West 47.76 feet; (Easement sidelines centered) thence South 89006'01" East 47.76 feet; (Easement sidelines centered) WATER EASEMENT (Limited Liability Company) - Page 4 of 6 o a... <.0 .... T""" 0..1 o ~ I'-- 1'- = 0= a""'" ::::3: <;t 0 (.L} -. o....~8 <.0 ~Q.. o a..Si ~ o ~~::::; N a... .zo::.<: = = 00 ~ I- -:>::: (f) ....... = c.> ....... .....l I- ~ I- Cl :z: 0= .....l EXHIBIT A (CONTINUED) thence South 0055'49" West 47.09 feet; (Easement sidelines centered) thence South 89004'11 Ii East 18.24 feet; (Easement sidelines centered) thence North 89004'] I" West 18.24 feet; (Easement sidel ines centered) thence South 0056'22" West 39.97 feet; (Easement sidelines centered) thence South 89004'11" East 165.92 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence South 0055'49" West 40.23 feet; (Easement sidelines centered) thence North 0055'49" East 40.23 feet; (Easement sidelines centered) thence South 89004'] I" East 25.78 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence North 0055'49" East 39.75 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence South 89004'11" East 39.04 feet; (Easement sidelines centered) thence North 89004'11" West 39.04 feet; (Easement sidelines centered) thence North 0055'49" East 88.33 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence North 89004'11" West 48.10 feet; (Easement sidelines centered) thence South 89004' II" East 48.10 feet; (Easement sidelines centered) thence North 0055'49" East 197.44 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence North 89004'11" West 28.66 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence South 0055'43" West 37.07 feet; (Easement sidelines centered) thence North 0055'43" East 37.07 feet; (Easement sidelines centered) thence North 89004'11" West 16.51 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence North 0055'49" East 37.73 feet; (Easement sidelines centered) thence South 0055'43" West 37.73 feet; (Easement sidelines centered) thence North 89004'11" West 92.08 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence South 45055'59" West 38.17 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence South 44004'11" East 30.94 feet; (Easement sidelines centered) thence North 44004'11" West 30.94 feet; (Easement sidelines centered) thence South 45055'49" West 46.18 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence North 44004'11" West 19.25 feet; (Easement sidelines 5.00 feet right and 15.00 feet left) thence South 44004'11" East 19.25 feet; (Easement sidelines 15.00 feet right and 5.00 feet left) thence South 45055'49" West 10.99 feet to the Point of Termination of this line; (Easement sidelines 5.00 feet right and 15.00 feet left) AND also an easement described as follows: Commencing at the NOlthwest corner of the Southeast qUa/tel' of said Section 5; thence South 89003'21" East along the North line thereof 343.68 feet to the East margin of Austin Drive; thence South 18023'17" East along said margin 42.95 feet to the True Point of Beginning; thence North 71053'43" East 21.22 feet; thence South 18003'54" East 31.79 feet; thence South 72017'14" West 21.04 feet to the East margin of Austin Drive; thence North 18023'17" West along said margin to the Point of Beginning. ~'ml"1.tl~- ~,Il~ . "If/1 .." E If, ~ ....~\ \;,~\ . 0 r- teJ" ' N ;J ........ ..... /'" .."'~ ~ ~,j.({'''/ o~~ "', MS, i./",'~ .._ , .... ".J /,1..,-p- . .. v~ ':;.(f./ vtiv: !1'\~~ :-; ~. '- Jt1 /.~, .>'" .. b ~ ';' '..a ~ . -.(f) _ .c.., ~ ~ :~:..:,...---" ~...4"J l - 11 ~ .', iJ~. 9117<>" tv! G f ~' 1'<''.;.j'"~T~ -',.~-~- :'f.~ 'I', -, "to'- ~~!i/STE.":. ,.' "IM'v ~~ m'){ \ . I . '\.~. \')J", Otot;...@c ~ "- ,/ v . ;>. '0 '0 .' 4 L.. ,/ ~ '<:'Il~t IVAI. LA~<) ~....,,' ; / iic~2..e;t~~ , .' - ~_ EXPiRES 11110l ,': tJ .):7 X'7;:-fC'/TJ7 v:"..-';Y:'''ff)"YI""fl'F"1, :? . ..,;",; ~~,'!...:-J--t-A..;;.....,.;..i~.~ .J~r..;:,...J ,-'~f'~:'.}";"J~':.:' J.~:.' 1111111111111111 111111 LAND TITLE CO ESMT 200604070160 P~ge: 6 of 7 ~4!~7!2~~6 ~1:25P Kits~p Co, WA $38,~~ WATER EASEMENT (Limited Liability Company) _ Page 5 of 6 , . . . r I i n-JfE~~~~::;:,~~~~~ D)~ s sC~il~1 ~11! I E3 U ~ ~ i l_ .... i I L_ - -,I I a -, U ~ W2 _I~ i>=fl ~ -_JLJ ! i ~ ~ <b ~~l 0-1 I ~ I I ",) i~: r~ ,I f~1 I@n JLJl:; ~ I I __ /,". I I ( ",-v I In~... > ~ I U / I - -:;; ;~.;;:.-; -./ ~--l r--tiz:M'--_7 I I ~v ~J lr~rLr-J id_~9_i '- . '" ~ ::tl <:?) '- < ~ 55 -l Z 723.38' WATER EASEMENT (Limited Liability Company) -- Page 6 of 6 ~ !'1 ) ~ !'1 " '" ~ f) $'I ,... ~~ .~ '" - I !'l I '" ". ;-. =:; ~ (j) ~; ! ~ ::r: ~a n (J) ~ Ii (') ~ 0 <.0 s ?!;I!'l~ _:li.:;:. ~"'""~ '.....!(l ~.i'=PSl ~ '" ~ AES CONSULTANTS AP.cHITECTS ENGINEERS SURVEYORS P.o. IlOJ: 980 I a.m 1.1:. 1.OIal. IDI:mItI 11..., ( WAlER UHE EASalENT """"" DATE BY """"""lION __ WASHIHGTtlI< R.W I'"or; T.o. INQ. O=~.r=.:nr:~..:...:.r-- w-arr 0. 'i CL In ~ ('U o - I'-- r--- oZ) a:: 0'- :::J:: q- 0 {.D -. 0r---88 <.0 ~~ Q.. OQ..G;~ ON :ir~~ CL oZ)::';: = = -.n ~ ...... :c (f) L.J o (..:J L.J .....I ...... ~ ...... Cl :z: a:: .....I J