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Home My WebLink About200812310177 Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, W A 98337 . BREMERTON CITY OF ',., '.,. - . ~2/3m1e/21l0t08Rec Fee $ 50 00 200812310177 02'36 PM ...lliriillllllli1ri illmil~llll,il)lmlliilllif,~iMlIIIIVlillll 111111111111/". 1 of 9 !=vc:~,:'.: Tfl '\{; r"""\i:6;>il,'~'3l~!" DEe? :J. ,?,~'.O,Il"I' ''...;.... ~.vr., ; r't.i'\ :;~~",u,..!wh- ~ ,1.! ~1:J..1l AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Utility Easement Reference Number(s) of Documents assigned .or released: N/ A Grantor(s): 1. GEMI LLC D Additional names on page of document. Grantee(s): 1. CITY OF BREMERTON D Additional names on page of document. Legal Description: Portion of the NW V4 , NW V4 of Sec 8, all ofT. 23N., R.I E., W.M., situate in Kitsap ( abbreviated) County, W A. D Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: Project Name: Future W-580 Zone Reservoirs EASEMENT (Corporate) THIS INSTRUMENT made this i.il.t day of i/-t~ ' 2ooL, by and between GEM!, LLC, a Washington limited liability company (hereinafter "Grantor") and the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantee"). RECITALS 1. Grantor is the owner of a water overflow pond located on property owned by Grantor. The pond is located on the following property (Grantor's Pond"): EASEMENT - I That portion of Parcel 1 of Kitsap County Land Segregation, per Recording No. 3208782, being a portion of the Northwest quarter of the Northwest quarter of Section 8, Township 23 North, Range 1 East, Willamette Meridian, in Kitsap County, Washington; described as follows: BEGINNING at the Northwest comer of said Section 8; Thence S 01054'18" W, along the West line thereof a distance of834.10 feet, more or less, to the South right-of-way of Old Clifton Road; Thence N 42050'05" E, along said, right-of-way, a distance of 390.42 feet to the TRUE POINT OF BEGINNING; Thence S48002'22"E, departing said right-of-way, a distance of2.92 feet; Thence S03007'38"E a distance of 68.66 feet; Thence S41 056'34"W a distance of 72.46 feet; Thence S35044'05"E a distance of 104.92 feet; Thence N88021 '46"E a distance of 59.25 feet; Thence N57032'52"E a distance of 68.08 feet; Thence N14018'49"W a distance of 83.46 feet; Thence N78030'50"W a distance of 80.23 feet; Thence N03007'38"W a distance of 86.69 feet; Thence N48002'22"W a distance of 14.87 feet to said line; Thence S42050'05"W, along said line, a distance of30.00 feet to the TRUE POINT OF BEGINNING. NOTE: The 30.00 foot wide portion of this easement is intended to be centered about the existing reservoir drain pipe. [See attached sketch] 2. Grantee is the owner of a water reservoir which will be constructed on property owned by the City of Port Orchard. The site on which Grantee's reservoir will be located ("the Reservoir Property") is legally described as follows: Resultant Parcel B of Kitsap County Boundary Line Adjustment as recorded under Auditor's File No. 3031737, being a portion ofthe Northwest quarter of the Northwest quarter of Section 8 and the Northeast quarter of the Northeast quarter of Section 7, Township 23 North, Range 1 East, W.M. in Kitsap County, Washington. 3. The design of Grantee's reservoir would require that, in the event that Grantee's reservoir overflows, either intentionally or accidentally, or must be drained for cleaning or maintenance, a discharge system conveying that flow to an acceptable location be provided. 4. Grantee desires to make use of Grantor's Pond to provide drainage and overflow storage for its reservoir until such time as a pipe conveying such overflows to a sewer system is constructed and is operational. EASEMENT - 2 5. The parties wish to accommodate Grantee's construction and operation of the water reservoir for their mutual benefit and, in order to accomplish that goal, provide an easement for use of Grantor's Pond by Grantee as described herein. EASEMENT AGREEMENT For and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, Grantor hereby grants, bargains, sells, convey, and confirms unto Grantee, its successors and/or assigns, a temporary easement allowing the use of Grantor's Pond for overflow from Grantee's reservoir located on the Reservoir Property, subject to the terms and conditions set forth herein. Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to discharge overflows, either accidental or intentional, from Grantee's reservoir on the Reservoir Property to the pond located on Grantor's Property and to enter upon the above-referenced property and immediately adjacent incidental areas with the necessary equipment for the purposes of installing, operating, maintaining, extending, constructing, repairing, and reconstructing a conveyance pipe to Grantor's Pond, or making connections to that system, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document. Under no circumstances shall Grantor place any landscaping, structure, trees, any other object within the Easement Area or the immediately adjacent incidental areas that will materially interfere with Grantee's use of the easement as an overflow for its reservoir, provided nothing in this easement agreement shall be construed to prevent Grantor from constructing an access road and related appurtenances in any portion of the Easement Area so long as the access road is designed and constructed so as to allow overflows from Grantee's reservoir to be discharged to Grantor's Pond. Grantor shall defend, indemnify and hold the Grantee, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with Grantor's negligent use of the easement area. Grantee shall defend, indemnify and hold the Grantor, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with Grantee's negligent use of the easement area. In the event of claims, injuries, damages, losses or suits including all legal costs and attorney fees resulting from or caused by negligent acts of both Grantor and Grantee or their officers, officials, employees, agents and volunteers, the parties shall each be liable to the extent of their proportionate share of responsibility. EASEMENT- 3 This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. This easement shall terminate automatically at such time as a pipe which allows discharge of any overflow from Grantee's reservoir to a sewer system is constructed and becomes operational. At such time as this easement is terminated, Grantee shall be given a reasonable opportunity to salvage any pipe or other improvements installed by Grantee on Grantor's property. Any pipe or other improvements not so salvaged by Grantee shall become the property of Grantor; to be used, removed or otherwise destroyed by Grantor as Grantor sees fit. Its: By: Its: DATE: GRANTEE: CITY OF BREMERTON /&- 30' 0 0 By: STATE OF WASHING ~QQ Q"ttaG\'IQd C\Cfno~\~xy\QY\-r COUNTY OF KITSAP On this day of , 200-, before me a Notary Public in and for the State of Washington, personally to me known to be the of GEM I, LLC, a Washington limited liability company that executed the foregoing instrumen and acknowledged it to be the free and voluntary act and deed of the limited liability company, r the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/w authorized to execute said instrument. STATE OF WASHINGTON ) ) ss. COUNTY OF KIT SAP ) On this 9:1--1.J day of jh..tJ~N.A~ for the State of ashington, p~nally appeared known to be the of the C] Y OF MERTON, a Washington municipal corporation hat xecuted the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the City, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. EASEMENT - 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . personally appeared <&C01"\ } ~\'QQQ t"\o\bQ~ (~ora.~ ~b\\C Here Insert Name and Title of the Officer b. \NO\CO-t\- State of California County of ~C\C'QamQ,y\w On \~ l~ I '2.00 B before me, Date Name(s) ot Signer(s) J ~ -- - ... ... DE~tHO~~G - -- J @ Commission # 16782S9 ~ -. Notary Public . California I Sacromento County j _ _"OF ~:or:n~~;~2~2~~ who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/9ffi subscribed to the within instrument and acknowledged to me that hef~MRey executed the same in his/j)e1'/tbeif authorized capacity~, and that by hisLber/t;b8tf signature~ on the instrument the person(M, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature ~ ~ Signature of Notary Public OPTIONAL h the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conserva D Other: . Top of thumb here Signer Is Representing: @2007 National Notary Association. 9350 De Soto Ave., PO. Box 2402 . Chatsworth, CA 91313-2402. www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1- - 76-6827 S TO FORM: -Notary Seal Must Appear Within ThIs Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. \\q\lIIlIIJ, \\\\1\ '< L L fi"'ll ......'x.:' ~~. a II a . . ~A ~~(, .:....... 0 ...v~~ ...... · "'r ' f v.. ~OTAl?y....L'%. :: : G -:. ~ : MAY 15, 2010: ~ :.(/l. .~: -;. ...J. · . c;".: -:"7;.. PUBL1C .:J.,..Oj ,..~.. ~ ... o. 0,~ 'I, O,........~..\\~"... " ,... WAS,'\\'\ '1,/ \\\\ 1!11/IIIII\I" (1 JuAI~~ ~ cd,~'r NOTARY PUBLIC, in and ~the State ---.L '\ of Washington, residing at ~/YYlLA~ My appointment expires S - J 5 - /0 EASEMENT- 5 . , Augu~t22,20Q8 LEGAL OE:SCRIPTION FOR GEM1, L.L.C. RESERVOIR DRAINAGE EASEMENT That portion of Parcel 1 of Kitsap County Land Segregation, per Recording No. 3208782, being a portion of the Northwest quarter of the Northwest quarter of Section'8, Township 23 North, Range 1 East; Willamette Meridian, in Kitsap County; Washin!ijton; described as follows; ~ f~ BEGINNING at the Northwest carher of said Section 8; Thence S 01054'18" W, along the West line thereof a distance of 834.1 0 feet, more or less, to the South right-of-way of Old Clifton Road; Thence N 42050'05" E, along said, right-of-way, a distance of 390.42 feet to the TRUE POINT OF BEGINNING; Thence S48002'22"E, departing said right"of-way, a distance of 2.92 feet; Therice S03'?07'38"E a distance of 68.Ei6 feet; Thence S41 ~56'34"W a distance of 72.46 feet; Thence 835044'05"E a dist.ance of 104.92 feet; Thence N88021 '46"E a distance of 59..25 feet; The.nce N5r32'52"E a distanq~ of 68'.08 feet; Thence N14018'49"W a distance of 83:46 feet;. Then<~e N78030'50"W a distahce of 80.23 feet; Thenc:e N03007'38"W a. distance of 86.69 feet; Thence N48002'22"W a distante of 14.87 feet to said line; ThenceS4205Q'05"W, along said line, a distance of 30.00 feet to the TRUE POINT OF BEGINNING. NOTE: The 30.09 foot wide portion of this ea~ement is intended to be centered about the eXisting reservoir drain pipe. .f{l22Z2Z..~' z. .~ . w. ;;s:&,~~~ 0} fl' L~' 0/ ---=--~ /J ~ .'v '.C. it];'-.,.t I;': V) ~/\> .....:.':''j>''.,fl. ~fb\1:~,.. of w A8E/:.g-/!/A ~~ i':i I~~' ~, '.~ll!'~iV ' ~ ::q,' ~ i .' 1;:/..-t') \ ,0 :J { ~'"7;.t> ,;..? . ~[;>3 i:::j, of.. 4 '~'.""l.. !>',j \ rn z. i ~ .. 0 i~ ra'. ~ : ~/ ;o~ (~ .:t . 0 ~~ ,.;1 ';C . .' . K ~, y,; 6921' ,. N y;:1 o' 0'" .' .::.,"<?! RJ fa . .?ISTE~.. '<>~/ 88 V1 O-'V ..... ~ '2' // &: ~. '<~~~/ ~ ~t '~~:Z?.727122"2iY 04064-1GEM1233-X-5841-0.DOC Page 1 of 1 Prepared by: Checked by: hK aa......./ EiOLQaMITH ~ lAND OEVElOP,MENT SERVICES ------- PROPOSED CITY OF BREMERTON TANK SITE ------ TAX PARCEL NO. 072301+006-2003 --------- ,. ~ ~ :'u NW 1/4 NW 1/4 SEC. 8, TWP. 23N., RGE. OlE, W.M. EXISTING P'O'y' CITY OF PORT ORCHARD 6 5 TANK SITE 7. 8 - ~---- . TAX PARCEL NO, '--'" f\ 082301-2-001-2005 \..... ___ ~PROPOSED V................ ~ CITY OF /..... ....~ ~ ~~~~AO~~HAR~~;:/' / ...../ ::1/.. .. ./ PARCEL 1 OF LAND .... /"::.. SEGREGA nON PER / / REC. NO. 3208782 .. , 0"'<' V, EXISTING RESERVOIR DRAIN PIPE ~/ .., ~ .. : I PROPOSED "",O~y :: DRAINAGE h~<<:-o"l ,/ L______,,/ EASEMENT '~<<:- 4I'*x.. ' \ 'Ov. ~x;. <Cl\ \ \ ~ v~Cl D< \ ~' c" h,"V: .~. ~Cl' " ,/J ,~ .1) \ ,/ /' '-----~ EXISTING DEPRESSION 0 J.a.l ~ 'Il- It) () ~ 100 \ \ ~-- - - SCALE GEMILLC e GOLDSMITH LAND DEVELo.PMENT SERVICES PO Box3565..Bellevue, WA9S004 T 4254621080 F425A627719 GCR RESERVOIR DRAINAGE EASEMENT KIT SAP COUNTY 04064-IE08.dw KJUSTE 08/22/08 09:56 ~ N ~ 200 400 600 , III = 200' JOB NO: 04064-1 1/2 WASHINGTON NW 1/4 NW 1/4 SEC. 8, TWP. 23N.. RGE. OlE, W.M. PROPOSED CITY OF BREMERTON TANK SITE ~ ~ / ~ ~ / ~ ~ / / / / / SCALE V(V GOLDSMITH LAN D D EVE LOP ME NT SE R V ICE S PO Box 3565, Bellevue,WA 98004 T 425 462 1080 F 425 462 n 19 I" = 50' APR: GCR ~v ~~ al:)/" / /7 70'0 o~ 1J1:) " '0'..-'> 0"", ~\t>,t ",G : ~l<': """"", \~'J I "" 0'0 ~ 1 i '$>"" 0"", ~ \ ~~~ : ':<: ~ 1<: \Ui ltJ.J co' 0 0)1 C 0-;:0 0):0 m\~ m\~ \.0'0) Ct)\Q:l \~ \ :::; I :~ : I " r-- 3 --I I I /) I r L------_iVi'8030' \\~ // --......--___~O"W ~ry~;:( ~ EXISTI::~;~;~~~~;---\ .t/\'l,,' DRAIN PIPE \ \ /, \z / ~ PROPOSED DRAINAGE EASEMENT __\~ t\ m\~ \ ~\~ , ~\~ \ m\~ \ \~ , \ \~ \ \.0'-0 \ ~p \ ~p~ \ .~~,~~ (. .-"') '-,~ p~/" \ ''J1:./' \ 10J1:./0. , '- 'au \ ~J'/0~' , / \ N88021'46/1E /// \~---------------------- 59.25 )7 ~ ~ / ~ ~ / ~ ~ / 50 / / / ~ N ~ 100 I" - 50' 150 PARCEL I OF LAND SEGREGA TlON PER REC. NO. 3208782 GEMI LLC JOB NO: 04064-1 / / T.P. 0.8. / <y<::)/ <<;-0/ ^' o~ ~ \ ~ /o~ c.:v / <f 0%<V<<;- 0~/ \.."?-v / "X- / ,I:)~ / aryl:) t>,t ().t C>.JI:). ~ 'l) RESERVOIR DRAINAGE EASEMENT KIT SAP COUNTY 04064-IE08.dw KJUSTE 08/22/08 09:56 2/2 WASHINGTON