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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. "
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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
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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.
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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
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O~FICIAL SEAL ~ere,t9~,.~t,~~i_~.~:f th~,.\da'y
f lrst above wr 1 tten(,.;,/:\<>' - (~.\,
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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 _-
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MAR ~n 1986 AM 8:0G
SHERR\L HUFF
\K1TSA~ COUNTY AUDITOR
nEE-UT'i :2?
-
REEl 3ib~rn;e1 O.~~
8603210069
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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
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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.
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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
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