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Home My WebLink About8608280108 000 o .....-! C- OO N CO Co ~O 'X> . '~ /.'~1--~~ . ~r:: ~~.' qR3tO v S-t{ I/( <<RE~~~~I~~~ ~~~~~SIIRAN(T AUG 28 1986 AM all GENERAL EASEMENT AGREEMENT SHt:.l~I~IL HUFF KITSAP COUNTY AUDIIO-R '"2 DEPUTY a .- ~~ ~l ay or THIS AGREEMENT, made and entered into this ~ , 1986, by and between the City of Bremerton, \ hereinafter referred to as "Owner"; and CHARLES G. 'rITUS and BEVERLY J. TITUS~ hereinafter referred to as "Grantees." 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 Grantees are desirous of obtaining an easement across this parcel of property in order to construct and maintain a sea wall to prevent further erosion of the shoreline; and WHEREAS, OWner is willing to convey an easement across the real properly 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 OWner and Owners do hereby agree and covenant as follows: 1. GRANT OF EASEMENT: OWner does hereby convey and quit claim to Grantees an easement to permit Grantees to construct and maintain a sea wall across the property described on Exhibit "A." OWner further grants to Grantees the right to construct, install, maintain and repair said sea wall, it being expressly understood that the foregoing easement shall include the right of ingress and egress for the repair of the sea wall. 2. GRANTEES' RESPONSIBILITY TO OWNER: The Grantees do covenant, promise and agree to hold Owner harmless from any and all liability for personal injury or property damage resulting from the construction, maintenance or repair of the sea wall. 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 in accordance with the laws of the State of Washington. 4. JURISDICTION AND VENUE: In the event that any suit or action shall be brought in connection with any of the terms and 8608280108 REH389FR 8 1 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 part 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. 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 WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be effective on the day and year first above written. ATTEST: ~6L~~L~ KATHLEEN L. McCLUSKEY, Clerk CITY. OF BREMER~~ ~ 0<:; / BY:! / GENlj:/ LOBE, Mayor ~.., ~fh~~ -HARLES G. TITUS (~74e ~j BEVERLY J. ~TITUS STATE OF WASHINGTON ss COUNTY OF KITSAP On this 3J.st day of ,Tllly ,1986, before me, the undersigned Notary Public ln and for the State of Washington, duly commissioned and sworn, personally appeared CHARLES G. TITUS and BEVERLY J. TITUS, husband and wife, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY HAND AND OFFICIAL SEAL hereto year in this certificate first above written. and EXCISE TAl EXEMPT [~21 861 KlTSAPCOUNTY TREMURER 2 REEl389FR 9 8608280108 ) STATE OF WASHI~ ) ) ss CDUNlY OF KITSAP ) ) en this /9Ydayof ~o/>r , 1986, before me, the undersigned Notary Public in an lor the State of Washington, duly commissioned and sworn, personally appeared Mayor GENE LOBE and City Clerk KA1HLEEN L. lVI:CLUSKEY, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed and said instrument as their free and voluntary act and deed, for the uses and purposes therein mentioned. WI1NESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in this certificate first above written. - NJrARY PUBLIC in. for the Stat~ Washing n, -r.esiding at A/..4??<4"""7"~~ Expires September 1, 1986 8608280108 REn3a:9F~ 10' ~ "'- "'- "IS' ~,,'O G' 0 :I;>'\"'h s> OO"'-~ - ---- --- - ----- -------~ "'- ~ '\ 6-~-------- -~ -r~",-. \ ~ \~ '6 t/\ \ \ \ \ \ \ \ \l.f\~ '. \ 0 ~\ U' ~- .;. .~:'\-:-' \5\\ --:. \' \~ \~ ~ ,,00 ~.?- i"- t "" S.s: I "'" 6'0 J "'" oS".., I ..:?<9~ ..:?.-:. I <::'O~ ~ : (S'.-:. ""- I ........ I I I I , I I I I I I I I I I I I I I I I I I I I , 7-4 "'" "'" '-..... '" '" 8 - I 5-3 "'IS' " %>0 ~~- /0"-.<>'"""" '<S>d>'(~ '" ~ '"9 \.S' ~ --z.. G",.>. o ~ /eo --- ----- ------ . ~. State .18 /96./? 7 - I ,~ 5 '.J. 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Lot 8, Section 10, T24N, RIE, W.M.; BEGINNING 100 feet N of the center line of Central Avenue; thence S 13*24'E 20 feet to the true point of beginning; thence along a straight line to a point on the W line of Wycoff Avenue N; thence S along Wycoff Avenue 75 feet; thence W to a point S 13*24' E from the true point of beginning; thence N 13*24' W to the true point of beginning; EXCEPT the W 10 feet for road. Said easement beginning at the NE corner of the above described parcel which is also on the W margin of N Wycoff Avenue; thence N 20 feet along said W margin; thence E to the E margin of N Wycoff Avenue; thence S 95 feet along said E margin; thence W to the W margin of said N Wycoff Avenue and the SE corner of the above-described parcel; thence N along said W margin to the point of beginning. gtot2f!6 /E> <{ REH389FR 12 pTY COUNCIL AL-COLVI!\\ District J Cityof BremertOIl. 239 FOURTH STREET BREMERTON, WASHINGTON 98310 (206) 478 - 5252 MORRIE DAWKINS District 2 HANK WAIBEL District 3 LON OVERSON tJistrict 4 MA YOR GENE LOBE SHIRLEY MARTY CRUTCHER District 5 MARY LOU LONG District 6 C.R. "TINY" COLLINS District 7 SPENCER HORNING District 8 RUSS JOHNSON District 9 August 22, 1986 ~. & ~s. Charles G. Titus 2622 Stevens DTive Brernerton, WA 98312 RE: General Easement Agreement on; City ROW - North Wycoff Dear~. & ~s. Titus: Enclosed is your fully executed copy of the General EasemenJ Agreement between the Ci ty of Bremerton and you, Charles G. and Beverly J. Titus, for the purpose of constructing a sea wall on North Wycoff to prevent erosion of your property. If there is any question, please feel free to contact my office at your earliest convenience. Sincerely, ~"'-~ ~ KA'llll.EEN L. MU.USKEY, City Clerk Director of Administrative Services Ci ty of Bremerton - KiM/ c j s cc: File Gateway to the Olympics and Home of the Puget Sound Naval Shipyard AGENDA BILL BR]MERTON CITY COUNCIL ~ . ~ ~ General Easement Agreement North End of North Wycoff FOR AGENDA OF: ORIGINATING DEPT lscA Ho rney ORIGINATOR: Broughton DATE SUBMITl'ED: Au q us t 7. August 13, 198f '1 . SUBJECT: 1986 2 . CLEARANCES: (Camnent on back if necessary) 3. EXHIBITS : Engineerin~~1A~ Easement Map 4. stMv1ARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: INFO~TION I_I ~~ APPROVED BY COUNCIL ENDORSEMENT I_I MAYOR The property owner Charles Titus must build a sea wall on North Wycoff to prevent further erosion of his property abutting the right-of-way. Because of the slope, the right-of-way is not being used for street purposes at this time nor will it be used in the future. 8. RECCM1ENDATION: Approve and sign Easement. t. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: . <.............. Li ~Jl(>.-,... 't'" C i..... ktl "-",,, ~ ~/4- N/A . 10. NOTICE OF ACTION . COONaL PULLED I_I TABLED I_I ~Vm-I DISAPPROVED 1=1 AMENDED 1=1 DATE: ~ ~.~.~ COUNCIL DIRECTIVE: ee. d8 ~ ~~-,-~ AGENDA PREPARATION Or USE INSTRUCTIONS Refer to Policy Or Procedure Manual General Administration #2-4 11. AGENDA BILL NO.: 8{, ~3.1/ (OVER) 2. CLEARANCE C~: ~ /' .' . ... 5. IMPACT OF NON-PASSAGE: "j _: '~ '.. The City may be held responsible for erosion. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: ,. N/A