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HomeMy WebLinkAbout8702190047 ,-- r o v l'-. ~ o C- O) """"l C\2 o ,..... 00 o .. . V 5707 ;+-. .. .~.... 1/ ~~ /" GENERAL EASEMENT AGREEMENT THIS AGREEMENT, made and entered into I 191t7, by and between the City of Bremerton Wilkins Distributing Co., Inc. City. and a Washinqton Corporation as Grantor. ~ this ,q - day of J4'f\.. hereinafter referr~d to as , hereinafter referred to WITNESSETH: .. WHEREAS, title to the real property legally described as: The North 75 feet of Lot 20, Block 2, William Bremer's First Addition to Citip.s of Rrpmprtnn ~nrl r.h~rlp~tnn!rlrrnrrling tn Plrlt re'ord~d in Volume 3 of Plats.Paqe4. records of Kitsap County. Washington. described property. b: ~ I4..J GS ~ l..4J sa <-.:> contai~ and WHEREAS, the City desires an easement for Wlf~r utilities Described as follows: The west 1 and ~ feet of the above fOR AND IN CONSIDERATION OF the m~tual promises and benefits herein, the City and The Grantor do hereby agree covenant as follows: 1. GRANT OF EASnlENT: Th;e Grantor does hereby convey and quitclairn I to City anlieasement for purposes of constructing, maintaining and operat ing . uti 1 iti es . - across the property described above. Said easement 1escribed as follows: The west 1 and.~ feet of the above descrl~ed property. I it being e~presslY understood that the foregoing easement shall include the right hf ingress and egress for the repair or renewal of the uti 1 i- I .1 I' I! 2. HOLD HA~~LESS: ties. 'he Grantor hereby agree to save harmless and defend the City from all claims and liability due to the neglig~nt i act's, errdrs, or omissions of Hie Grantor" , their agents I / I . . T&.. r- and. or em~loyees. The CJ.ty shall not be lJ.able to ile urantor , or any other party for any claim whatsoever arising in connection with thj~ agreement except for negligence solely and entirely the fault of the City. . The Grantor hereby expressly acknowledge that construction, repair or renewal of the City's utilities may require placement of equipment on the property, and such ~lacement is expressly authorized. The Grantor hereby acknowledges that in the event the City is required to make repairs, perform maintenance, or renew 8702190047 -.1. - REH409FR1663 >- r- f- 20:: 00 :3lJ.. c:J) -- O~ co U-' ~ UJ en 0..<( <(lLJ lJ.J Cl)0::: LL f-f- ~ o I ,'- :.,. .. <f <""" , , . - , I I Th~-'-~tili"ti-~~r,1 nd related appurtenances, the City will be resr;;~~-1b-le"--' for surface ~e~torat;on within the limits of the easement as conveyed I': ' :1 .. to the City of Bremerton' . ! : -;. '..:..,.f. ~' . . ~', '~; v;~ I 3. GOVERNING LAW: q u The place of making this Agreement shall be deemed to be the State of Washington. and the legal rights and obligdtions of the parties hereto f>hall be determined in accordance with the laws of the State of Wash ingt on. 4. JURISDICTION MID VENUE: In the event that any suit or action shall be bro\lght in connection with any of the terms and conditIons of this Agreement, ,the parties I ' ' , hereto hereby agree that jurisdiction and venue of any such suit or action shall properly lie in Kitsap County. State df Washington. 5. SD!ERASILITYz o In the event that any section, or any part of any section) or this Agreement shall be declared invalid by a court of competent l; jurisJictlofl, said holding sha.ll have no effect '_~pon the remaining sections of this Agreement, which shall remain in full force and effect. 6. 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 WITlIESS WHEREOF. this Agreement has been duly executed by the parti~s hereto, to be effective on the day and year first above written. , I I G~ .,e~,. WH.u..\.vS DLS"'. eo,) .I:t.3c'. . i :i Ii : I : It 870 2 1 9 0 0 4 1 ;:1 :11 II II Ii 11 !! ~ ; I: REH409FR1664 .4.... .....,...,..,. ..-, '. (/ This easement incorporates all the provisions contained in that o certain document entitled "General Easement Agreement" executed between the parties herein on Jet,... \ " , 19 ~ 7 DATED this I q ~ day of J Cl.N"\ 11 19 <?Jl (~~L \N \\"\,(.1 V\) oS . l~'. Co, ') 1::. NC . . ~~~ , y STATE OF iWash/~5+(){) ) COUNTY of. 1< (+Sc.yo ) ss. I . ~ On ih is I q - day of ~o...(tuJ~ personal~Y appeared -<<.,~, j-e..,^~V\.. to me kndwn to be the VJ~d..bYLf of the c~rporation that executed the within and forcAoing instrument, and acknOwledged the said instrument to ~ the frcc and voluntary act and deedlof said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrumeAt and that the seal affixed is the corporate scal of said corporation. ~. 19 RL~ before me :','7-"',",," ; ~' ,~- :,~ S~1~~~::,~,:~:_.. IN WITNESS \'l1tF.REOF, I have hereunto set my hand and affhze^f"my official seal the day and year first above written.,I,IHS!/.,/"',., fJALr~ '.. afij~~~ ~ -, \,~~ '\- .' - o ary u lC ln an:',;~: ~g..""', ,e""S ~~,f.f:~ of Was h i n..g"t..,yRh re sid i n-g.~.:rt::a?l1BVt lJIt..(jz*U. /J n::llLO ~OR RtCO}1;u' ~~ ',Y;-. '0. :,.:. f'.";' ....,.> ;,. .-tf if D ~ i ,.. ,'-. ".j,J ... "~'). ,.., TI.COR TITLE INSURANCt. .~ .:,,/;>:::,;,;,:.~:;;;,' \\~.. REQ OF ....." v I ,'I . . \..~ /.' _, .. ., 111"ifi.i/~tH\\'\~\ fEB 19 ,98'1" AM MID'"',. . KARENfLYNN KIlSAP COUNTY AUOl10R 'DEPUTY ~ I i i i STATE or! WASHINGTON I , I I. COl INTY or i I 1 Onjl this persona Ily appeared to me own to be the ) ) ss. ) day of . 19 .' , , o of the City of Bremerton, the municipal corporation that executed the fOr~going instrument, and acknowledged the said instnlment to I I be the free and voluntary act and deed of said municipal corporation, I for the, uses and purposes therein mentioned, and an oath stated that th~y are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and (, year in this certificate above written. Notary Public in and for the S~ of Washington, residing at o 870219fl047 / 3 REH409fR1665 ,.)