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HomeMy WebLinkAbout8603210069 9.....) .., ~ o ~/ V572:~ ft: :3 ,tJJ4 ~' GENERAL EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this 6th da y 0 f March 19~ by and between the Ci ty of Bremerton, hereinafter referred to as "City"; and Calvin E Pool and Marietta E Pool as referred to hereinafter .:::;- "Owners. " <,,,,,",, N M c::;. ::.t:> .X) WIT N E SSE T H WHEREAS, title to the real property legally described on Exhibi t "A" attached hereto and by this reference made a part hereof as though fully set forth herein, is vested in Owners; and WHEREAS, the City is desirous of obtaining an easement across this parcel of property in order to construct and maintain utilities; and WHEREAS, Owners are 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 Owners do hereby agree and cov€nant as follows: 1. GRANT OF EASEMENT: Owners do hereby convey and qui t claim to Ci ty an easement permit city to construct and to maintain utilities across the property described on Exhibit "A" and specifically covering all tidelands below the line of mean higher high water on the foregoing described property. Owners further grant to Ci ty the right to construct, install, maintain and repair said utilities, it being expressly understood that the foregoing easement shall include the right of ingress and egress for the repair of the utilities. 2. CITY RESPONSIBILITY TO PROPERTY OWNERS: The City does covenant, promise and agree to and wi th Owners that property damage which is a direct result of the City's construction of the 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 in accordance with thee laws of the State of Washington. 8603210069 REH369FR21Q2 -:: 4. JURISDICTION AND VENUE: In the event that any suit or action shall be brought in connection with any of the terms and condi tions of this Agreement, the parties hereto hereby agree that jurisdiction and venue of any such sui t 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, ei ther wri tten 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. 7Jt-~.c=v~ e?/~~Lq~ STATE OF WASHINGTON COUNTY OF Ki tsap ss BY: ( ~~~~ I On this 6th day the undersigned Notary 1:~t~in E pggrmissioned , 19~, before me, and for the State Df Washington, sworn, personally appeared and Marietta E Pool 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 fr~e and voluntary act and deed, for the uses and purposes therein mentioned. of Mar Public in and ~~-:--., - ' 'i 'I') ,'....., . \ O~FICIAL SEAL ~ere,t9~,.~t,~~i_~.~:f th~,.\da'y f lrst above wr 1 tten(,.;,/:\<>' - (~.\, ~/,.J"y "~~j;If\0rl\>\'''''\' . . u~, ., 0 \\,. . " ' ; ".-' l' \ ~ . I \ ~ \..,. ! . , NOTARY PUBLIC;\'inr~:n:qc f9:~". t~ State, of Was,hlng.{t~H;,C('.~r~~~:ldlng at Bremerton \,,'; /;:~-:---::,<"\ and WITNESS MY HAND AND year in this certificate . FilED FOR RECORD . . TICOR TITLE INSURANCE REQ. OF _- "<....~ l.' :~\,-t~_ MAR ~n 1986 AM 8:0G SHERR\L HUFF \K1TSA~ COUNTY AUDITOR nEE-UT'i :2? - REEl 3ib~rn;e1 O.~~ 8603210069 ,> .. ..,1' EXHIBIT A Lot 3 and the northwesterly 25 feet of Lot 4, Block 23 in the Plat of the Town of Decatur. 'Rrf'J.3G9W12104 8603210069 ,. ~ STATE OF WASHINGTON) ss COUNTY OF KITSAP ON THIS DAY personally appeared before me Gene Lobe and Kathleen L. McCluskey, to me personally known to be the Mayor and the C'ity Clerk, respectively, of the City of Bremerton, a municipal corporation, that executed the foregoing instrument and acknowledged to me that they signed and sealed the same as the-free and voluntary act and deed of said municipal corporation and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of said municipal corporation. \ ~ -r '"" WITNESS MY HAND day of M lJ_~c....\A... and off ic'ial , 19SCp. seal this ~Jl~'P ~ NOTARY PUBLIC in and ,for the State of Washington residing at 15 r<-\Jv\.. e..v"'--;-6v.. STATE OF WASHINGTON) ss COUNTY OF KITSAP ON THIS DAY personally appeared before me to me known to be the person who executed the wi thin and foregoing instrument, and acknowledged to me that he signed and sealed th. same as his free and voluntary act and deed, for th. uses and purposes therein mentioned. WITNESS MY HAND and official seal this day of , 198 . NOTARY PUBLIC in and for the State of Washington residing at STATE OF WASHINGTON) ss COUNTY OF KITSAP ON THIS DAY personally appeared before me to me known to be the, individual described in and who executed the within and foregoing instrument, and acknowledged that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. of WITNESS MY HAND and official seal this 198 day NOTARY PUBLIC in and for the State of Washington, residin~ at 8603210069 'R[i[il'3; ll"llMr!l,'l) 11 (!.l it:: ! [[I. , . !(?);.:Jrm,~,~ utt!J 3