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HomeMy WebLinkAbout8602280097 '~ l'- ~ <::> ::: co ,N N - - ~ co ) . ~/ ~ V S?'C!Jzir ~~\fE~%R RECORD neOR TiTlE INSURANCE REQ. Of_ FEB 28 \986 ~M 8:00 ~ GENERAL EASEMENT AGREEMENT &~ day ~r-tER~;1 \-lUFF K\TSA~ COUNTY AUOlTOO B r ern e r 1ft~UTY 11/ - -_-If? THIS AGREEMENT, made and entered into this f?:cl:iIi\M'I--' 19 '60, by and between the Ci ty of hereinafter referred to as "Ci ty"; and ROBERT G. ADDISON, hereinafter referred to as "Owner", WIT N E SSE T H WHEREAS, title to the real property legally described on Exhibit "A" attached hereto and by this reference made a part hereof as though fully set forth herein, is vested in Owner and WHEREAS, the City is desirous of obtaining an easement across this parcel of property in order to construct and maintain utilities; and WHEREAS, Owner 1S willing to convey an easement across the real property legally described on Exhibit "A" for that purpose, upon certain conditions; now, therefore FOR AND IN CONSIDERATION of the mutual promises and benefits contained herein, the City and Owner do hereby agree and covenant as follows: 1. GRAN'll OF EASEMENT: Owner does hereby convey and qui t claim to City an easement to permit City to construct and maintain utilities across the property described on Exhibit "A" and specifically covering all tidelands below the~ne of mean higher high water on the foregoing described property. Owner further grants to City the right to construct, install, maintain and repair said util i ties, it being, expressly understood that the foregoing easement shall include the right of ingress and egress for the repair of the easement. 2. CITY RESPONSIBILITY TO PROPERTY OWNER The City does covenant, promise and agree to and wi th Owner that property damage which is a direct result of the City's construction of the o sewer line shall be the responsibility of the City. 3. 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 ln accordance with the laws of the State of Washington. 8~02?~~HH\1 1 Rffl367FR2115 ... 4. 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, Washington. 5. SEVERABILITY: In the event that any section, or any pait of any section, of 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. " IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be effective on the day and year first ss ..~~ R~ T G. I 'ON CITY OF BREMERTON By e"AfA~ _ Y YOR (:>.~\ I(......~ above wr i tten. STATE OF WASHINGTON ) COUNTY OF GPAYS HAPBOR) On this &; day of February , 1986,. before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ROBERT G. ADDISON to me known to be the indivldual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in this certificate first above written. . FRANK FRANCISCOVICH 1 NOTilJU PUBLIC STATE OF WA:;;:-liNGf'ON }iy CCl11missio~ ;:~;:b\s f\pril 1, Hiea ~ ~""""~;:;;::;;~::;~~'~I NOTA Y PUBLIC in State of Washing qn, at Aberdeen NC? I 0 8 7 KbTSAP COU~1V . lr:A~Sji.CTION EXCiSE: lfu1 8602280097 . rFEB~ 2' .T~ 19n~ r:~:) ,,^ AWWNT ~ 1t}1J0 ~.-~L:;~;rx ~{t~~SURE~" _ J _W_U_'\~1(M 2 RfH367fA2116 Part of government lot 3, section 16, township 24 north, range 1 east, W.M., in Kitsap County, Washington, described as follows: Commencing at. the northwest corner of said govern~ent lot 3; thence south 0034'17" west along west line of said government lot 3, 417.50 feet; thence north 89056'30~ east 412.40 feet; thence north 1058'50" west 70 feet to the true point of beginning; [thence north 1058'50" west 90 feet; thence north 89056'30'" east 78.41 feet; thence north 1058'50" west 91 feet to the south margin of ~1adrona Point Road; thence north 68035' east along said south margin 150.90 feet; thence south 23024'25" east 80.34 feet; thence south 37059'27" east 129.44 feet; thence south 0034'17~ west 60 feet; thence south 89056'30" west 323.6:5 feet to the true point of beginning; TOGETHER WITH tidelands of the second class adjoining. f'. ~ ~ ~ ~ ~ l'- c..o M ---' ~ SAID easerrent to be bela,..{ the line of Mean Higher High Water . < ..... a"l ::;- Q Q "( QO - N N C --f-. CO I QO -D i. f r ~ x.. ~