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Home My WebLink About200704120189 '. 1 Return Address: City Clerk City ofBremerton 345 Sixth Street, Suite 600 Bremerton, W A 98337 BREMERTON CITY OF 200104120189 Easement Ree Fee: $ 35 00 Page: 1 of 4 04/12/2007 01:28 PM . Karen Flynn Kitsap Co Audltor 11111111 III 111111 1\11 I11111 111\ 11111\1 1111111111 \\\111111 1111\ 111II \\11\ 1\\\ \11\ EXCiSe: TAX EXEMPT APR 12 2007 AUDITOR/RECORDER'S INDEXING FORM Document Tiiie(s); l. Water Easement Reference Number(s) of Documents assigned or released: N/ A Grantor(s): 1. Lon W. James ~ Additional names on page 2 of document. Grantee(s); 1. City of Bremerton ~ Additional names on page 3 of document. Legal Description: A portion of the SE y" of the SW y" in Sec. 28, T 24 N, R 1 E, W.M., Kitsap County, W A ( abbreviated) ~ Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 282401-3-037 -2006 Project Name: Water Service Easement off Sherman Heights Road main. -\VA~ER ,EASE1\lIENT (Individual Private) THIS INSTRUMENT made this 12+\... day of . Marc.'" , 2007, by and between Lon W. James (hereinafter "Grantor") and the City of Bremerton, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantee"). ......'.~ 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 forever unto Grantee, its ~~uccessors 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 (Individual) - Page I of 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 of the 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. GRANTOR: ~ ;1Ytt()Q~ Lon W. James tY DATE: 3 -j';' -o? (Notary Acknowledgment Appears on Next Page) WATER EASEMENT (Individual) - Page 2 of 4 BREMERTON CITY OF Easement Ree Fee: $ 35 00 200704120189 04/12/2007 01 :28 PM . Karen Flynn, Kitsap Co Audit Page: 2 of 4 11111111111111111111111111111111111111 111111 1111 1111 IIWIIIII 11111 111111111 1111 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this /;.-6.( day of ~Altc/~ , 2007, before me a Notary Public in and for the State of Washington, personally appeared Lon W. James to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntarj act, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they 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. ... I 4 If ~C?~~ ~ "",,, """," dLJu~ LJ. ~ (/c.... oS ..." \)..\Jl R l.. "I' en"" n, '" ., $- ~ .....;. u^~ NOTARY PUBLIC, in and for the State ~ .... -..'-.d ~ ~ .. ~Ot.-liA '.\p~ of Washington, residing at S/L V;FA.J)AGAI ... .1. ~7.'''' : Cf.) . ,",,i\b. - ~:: My appointment expires 3-/5- t:7~ _ -I . I"'f. ,~IZ ..- - . --A V, J:M,.._ . = -):':. ~1I -vua . -- ~~.... SL'O ."~f ~ 0 ... ..~O~ ~ J(' ,..~.....:\C?> " """"I ....... ASH'" "" """"""\\\ APPROVED AS TO FORM: Yl1{r>v t ROGE A. LUBOVICH City Attorney WATER EASEMENT (Individual) - Page 3 of 4 BREMERTON CITY OF 200104120189 Easement Reo Fee: $ 35 00 Page: 3 of 4 04t12/2007 01:28 PM . \\ifl~f\\I ill\if@ 111111 ,~rl\III\I \I'II\11lI III! ~fll 111I1 11\\1 \\11\ 1II1 111\ ... ~,' . EXHIBIT" A" A IS-foot water easement upon and through the following described property: 282401-3-037-2006 A PORTION OF THE EAST 200.00 FEET OF GOVERNMENT LOT 5, SECTION 28, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., A PORTION OF LOT I AND LOT A, BLOCK 6, PLAT OF SHERMAN HEIGHTS, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY; ALSO A PORTION OF STONER AVENUE IN PLAT OF SHERMAN HEIGHTS AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF SAID COUNTY, AS VACATED BY THE COUNTY COMMISSIONERS AND RECORDED IN COMMISSIONERS JOURNAL NO. 6, PAGE 472, AND BEING MORE PARTICULARLY DESCRIBEDAS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF GOVERNMENT LOT 5 AND SOUTH RIGHT OF WAY LINE OF COUNTY ROAD NO. 154; THENCE S67*I8'IO W ALONG SAID RIGHT OF WAY LiNE 2 I 7.83 FEET TO WEST UNE OF THE EAST 200.00 fEET OF SAID GOVERNMENT LOT 5; THENCE SO*38'35 W ALONG SAID LINE, 201.01 FEET; THENCE S72*37'45 W 39.99 FEET; THENCE S7*19'55 E 62.69 FEET; THENCE S11 *13'46 E 30.06 FEET TO CENTER LiNE OF STONER A VENUE, THE TRUE POINT OF BEGINNING; THENCE CONTINUING S I I * I 3'46 E 30.06 FEET; THENCE S82*48'43 W 52.04 FEET; THENCE S42*34'34 E 167.20 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 21; THENCE N32*15'40 E ALONG SAID RIGHT OF WAY LiNE 64.86 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, RUNNING N32*43'50 W 128.80 FEET; THENCE S82*48'43 W 32.60 FEET TO TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF V ACA TED STONER AVENUE \VHICH ATTACHED BY OPERA.TION OF LA\V UNDER ORDER CF VACA.TION DATED ivIAltCH 29,1954, RECORDED IN VOLUME 7 OF COMMISSIONERS JOURANL ON PAGE 280, RECORDS OF KITSAP COUNTY. 3/ 27 28 Rof\02\ /1 6 3\ \ I o 25 A f\1 "4 \ \ I ~HER~~ 7 6 J\ \ \ \ I Ec;T 8 \ \ ~ \ . \ _ ?~. \ 41140t OC);; \"'ijo,,!;:,YJ/. ..' ')'~'" /~ \9 _ . \ \ 004- 60 -1/ \ ~ \ . ~ / -,~r;~. J_//L\~~\.'" \ ... \. \~~~... j.l G 034 - N.... -------.~-- .- ir<,,;/'~ \ \., \u/l",l" \'qj6~ /,1 Cj / 6~, '----~~ \\' II 2 t~:N~ Il//// / - / / \ \ \ \ \ \ \~34-od\ \ \ 36 \ 35 40 / L[Vr>~ '\ \ BOU ~\ \ \ \ ~\ \ 4);;40.1004- d\ \ \ '--\ \ \ \ \ \ \ \ \ \ GO) VT \L 0 7\ 5 V\5 PG~-l-25-7 ,9~ N CD \ o --------- \ \ \ 0371,00 \ \ 32 ,. ,~::-J -"- 20 ~ 9 026-00 2 o N '" 024 033 5 3 I I 007-07 I I I 006 - 00 I I I I AUDITOR'S NOTE tEGIBILlTY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS INSTRUMENT WHEN RECEIVED. '\ WATER EASEMENT (Individual) - Page 4 of 4 BREMER TON CITY OF Easement Ree Fee: $ 35 00 200704120189 04/12/2007 01 :28 PM . Karen Flynn, Kitsap Co Ruditor Page: 4 of 4 1111111111/11111111111111111111111111111111111111111111111111111111/111111111111