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Home My WebLink About8602250031 ~ .-4 ~ c::> <::> U") eo\) N C co c:> '~ .< . ' ~~ ~ ~k~ dO'1 i-J~ S:b" ~~ l L,Uo..-, C\g~ \0 V s7if pr ~~ t/ EXCI:~E TAX EXEMPT FEB 2 4 1986 KITSAP COUNTY TR::ASURER .. <, EASEMENT AGREEMENT THIS AGREEMENT made and entered into this l3-n". day of ~50~("U.Q.'<"'1" 19 8~,~and between HALVOR P. HALVORSEN and S IGNE L. HALVORSEN, husband and wife (hereinafter referred to as "Halvorsen"), and the CITY OF BREMERTON, a municipal corporation existing under the laws of the State of Washington, (hereinafter referred to as "City"). RECITALS 1. Halvorsen currently holds title to the real property commonly known as 1308 Shorewood Drive, Kitsap County, fiLED FOR RECORD REQ. OF T/C;OR TITlE IN~Ui FEB 2!' /986 AM 8:00 Washington, and more particularly described as: .... . . SHERRIL HUFF Beglnnlng 529.96 feet South and 298.71 feet KITSA~ COUNTY AUDITOR East of the Northwest corner of Government LO~PUTY 3, Section 16, Township 24 North, Range 1 East, ~ W.M., Kitsap County, Washington; thence North 89053'49" East 128 feet to the true point of beginning; thence North 89053'49" East 324.41 feet, more or less, to the meander line; thence South 800' West 101.02 feet along said meander line; thence South 89053'49" West 298.66 feet; thence North 6040' West 100.68 feet to the point of beginning; TOGETHER WITH tidelands fronting thereon. 2. Ci ty is desirous of obtaining an easement to the real ~ l..o""",aR. l.ow ~ . .5 l--- described above below the line of mean bi~Ror ~ water property for the purpose of constructing, maintaining, laying, operating, and repairing sewer pipes, together with any necessary appurtenances thereto. City is further desirous of having the right to enter upon said real property and to be able to open up said pipeline, or any part or parts thereof, for the purpose of maintaining, constructing, laying, operating and repairing said pipeline as may be required. 3. Halvorsen is willing to grant a perpetual easement upon the real property described above to City providing that Halvorsen is not required to connect to said sewer system and, provided further, that when and if Halvorsen desires to connect o to said sewer system, such connection shall be at the sole expense of the City. Halvorsen is further willing to grant said perpetual easement upon the condition that the surface of the REH367FR1014 8602250031 o 1 " . \, real property shall be restored to its now present condition or as nearly thereto, as shall be reasonably possible. 4. Said easement would be beneficial to Halvorsen and the City, now, therefore FOR AND IN CONSIDERATION of the mutual promises and benefits contained herein, the parties hereto do hereby agree and covenant as follows: 1. Grant of Sewer System Easement: Halvorsen hereby grants~ Lo~ eE:. Lo'-o) ~ '1\ \ to Ci ty an easement below the line of mean hi~l,e.r ~ water on '.J the real property described above for the maintenance, construction, laying, operating and repair of the existing sewer system, under and across the foregoing real property, together with any appurtenances there,to. It is expressly understood between these parties that the foregoing easement shall include the right of ingress and egress for the construction, maintenance, laying, operating and repair of the aforementioned existing and any future sewer system. City further agrees that this easement shall be for the effective primary use of a sewer system and will preclude any inconsistent uses. City shall have the right to enter upon said real property and to be able to open up said pipeline, or any part or parts thereof, for the purpose of maintaining, constructing, laying, operating and repairing said pipeline as may be required. City shall further restore the surface of the real property to its now present condition or as nearly thereto, as shall be reasonably possible. Halvorsen shall not be required to connect to said sewer system and, further, when and if Halvorsen desires to connect to said sewer system, such connection shall be at the sole expense of the City. 2. Covenant to Run With Land: The easement herein shall run with the land and shall bind and inure to the parties hereto, their heirs, successors and assigns. 3. Governing Law: This Agreement shall be governed by the laws of the State of Washington. REH367FR1015 8602250031 2 ." 4. Venue: In the event that any suit or action shall be brought in connection with this Agreement, the parties hereto hereby agree that the venue of any such suit or action shall be Kitsap County, Washington. 5. Severability: In the event that any section, or part of any section, of this Agreement shall be declared invalid by any 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. Entire Agreement/Merger: This Agreement constitutes the entire agreement and understanding of the parties hereto. All prior agreements and understandings between the parties, if any, are hereby merged into this Agreement. There are no other agreements, either written or oral, which modify or have any effect upon this Agreement. IN WITNESS WHEREOF, the parties hereto have/executed this agreement effective the day and year first above written. pjLJ?d-~ HALVOR P. HALVORSEN qf~~c( Jj ~~ SIGN L. HALVORSEN STATE OF WASHINGTON CIT1?OF BRE~E~ BY: ~hA ~~~-\-: ~~ ~c.~~ ss COUNTY OF KITSAP ON THIS 18-r'-' day of ~u""E , 1984, before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared HALVOR P. HALVORSEN and SIGNE L. HALVORSEN, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged to me that they signed and sealed the same as their free and voluQ~ary act and deed, for the uses and purposes therein mention~g~~\ IJI~~~ d" I I ~v I R~ " 0000000 <.#/(:) above G~~~~t~~~ER MY HAND and OffiCM}:;~J' ~th~:,~{yy~d year first gj' l J' \~\)'! A~Y ~-~-~ II ",......'-:t \} t' " ~j N;OTA1F PUBLIC Cini ?l-Qd1 for the staj:~~\~.~ l~hH~'.~:,',p)~~r?~lt res i di ng a~/e..:'^^:u~,; ~,OVH "(t\..'~." R. ~ STATE OF WASHINGTON ss COUNTY OF KITSAP REH367FR1016 8602250031 3 " )" 1.1 . "" . .,:. . ON THIS 1.3 day of 'fe...\o~~ , 198', before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Norrie Da"7ki pq ~ Lc~ and Kathleen L. McCluskey, to me known to be the Mayor and City Clerk, respectively, of the City of Bremerton, a Washington municipal corporation, that executed the within and 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 are authorized to execute said instrument and that the seal affixed is the seal of said municipal corporation. GIVEN UNDER MY HAND and official seal this ~ e \:>,"-_",\ ' 198'. 1.3 day of ~~ NOTARY PUBLIC in and Sta~ of Washington, at \-:;) 'i': 'N\. c:. ~ \.\ 86022,50031 RfH367FRI017 4