Loading...
HomeMy WebLinkAbout8603210068 .'r 'Y t -,/l:'\' '" , ~ \ ~.~ V ,J /~3 r~ ~ L;J>> 17th day of " GENERAL EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this r~arch 19 86 , by and between the City of Bremerton, hereinafter referred to as "Ci ty"; and f,1arie E Baughman Campbell and hereinafter referred to as "Owners." ~ 00 ~ c:::> ;::- '-C N ~ C >:J:) 00 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 ;::art hereof as though fully set forth herein, is vested in Owners; and WHEREAS"I 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 "All for that purpose, upon cert~in conditions; now, therefore FOR AND IN CONSIDERATION of the mutual promises and benefits contained herein, the City and Owners do hereby agree and covenant as follows: Owners do hereby convey and qui t 1 . GRANT OF EASEMENT: claim to Ci ty an easement to permi t Ci ty to construct and maintain a sewer across the property descr i bed on Exhi bi t "A" and specifically covering all tidelands below the line of mean higher high water on the foregoing described property. Owners further grant to City the right to construct, install, maintain \ \ \ and re~air said sewer ,it being expressly understood that the for~going ea~ement shall include the right of ingress and egress for the repair of the sewer fiLED FOR RECORD ," upon thej~COR TITlE INSURANCE REQ. 01 __ ... MAR 21 1986 AM 8:0m It is agreed that no manhole structure shall be constructed above mentioned tidelands. 2. CITY RESPONSIBILITY TO PROPERTY OWNERS: SHERf<.L HUFF KITSA~ COUNTY AUDITOR 1}i~UTY O!:!" . p71? - The City does covenant, promise and agree to and wi th Owners that property damage which is a direct result of the City's cons~ruc~ion of the sewer line shall be the responsibility of the City. REH369FR209R 8603210063 ..':r .. ~ 4 ;' .. 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. 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 t~.1risdiction 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. 7rzej!l:& .Yo 13a<ltf2I'~"1''''' #/ / / ss STATE OF WASHINGTON COUNTY OF Kitsap BY: \\~,~~~ of March , 1986, before me , / Public in and for the State of Washington, and sworn, personally appeared and , me known to be the individual#4described in foregoing instrument, and acknowledged to me sea.led the saici instrument as i1:he~ free and deed, for the uses and purposes therein On this 17th day the undersigned Notary duly commissioned Marie E Baughman Campbell ~'fl:Qcband :md wi-fe., to and who executed the that ~he-" signed and voluntary act and mentioned. 86032.tOOti8 OFFICIAL SEAL hereto ~ffixed the day and first above writt~,n,~::"<",",' ",,' OAr. 1/,,' El ~~ ,~,,"r:~cl""'~" NOTARY PUBr.;~C fi\;'and' \';(0+: he State of' Washi'ng~top, Jres'iding at Bremert'o"n:~\,i:.}i";;:'J~. J<"~l. . , ,','~:' "(::~' .I,' '.>;Y",~"i/I '''>,S(~~~:i~;~~o/ REfl369FR2099 WITNESS MY HAND AND year in this certificate . " . ','. .~.. ~ ~.~ . EXHIBIT !IAII The tidelands fronting Lot 1 and 2, Block 23 in the plat of the Town of Decatur. Also: The tidelands fronting the street located between Block 10 and 23 of said plat. 8603210068 REH3f6r9~2i 00 " " r - . ,;/ .. " 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 City 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: \ <;s--r1A... WITNESS day of MY HAND and o f-f-lcial seal this Ivt()..Jv-~ ,198/b'-, -'i:,';~ () J 11::~r,:0J~5jz;~ _ , A ~~uoW;~'j .~A.J.\~/\ NOTARY ;PUBLIC J.i'n ana---for the 1 '----- Sta te of wa,s~,rng~oIt~,F.~isiding at Rr-a '^^'~ ~ ~~;V;~i~"/ / '., ~<' ,'-:;/'/ ,\. . /1" 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 the same as his free and voluntary act and deed, for the 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 ~ITSAP 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 8603210068 REBL'3\6:9Ril210t 3