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HomeMy WebLinkAboutNORTH PERRY WATER DIST. ,...."~ .. .. DEED, EASEMENT AND BILL OF SALE COMES NOW the CITY OF BREMERTON,a Municipal Corporation of the State of Washington, and by these terms and presents does hereby convey and warrant unto NORTH PERRY AVENUE WATER DISTRICT, a Municipal Corporation, a parcel situate in KitsapCounty, State ~f Washington, more particularly described as: Being 1 acre in the ~'Jest half, .(1/2) of the Northeast quarter (1/4" of the South"('<7'est:. quart-er.:n/4) of Section 25, Township 25 North, Range 1 East, W.M.,property described as follows: Beginning at the Southwest corner of the South 10 acres of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 25, Twp. 25 North, Range 1 East, W.M.; thence S 88031'27" E, 665.91 feet to the Southeast corner of said South 10 acres; thence N 39040'00" West 327.00 feet to the True Point of Be~inning; thence N 34015'00" West 208.71 feet; thence South 55045'00" West4 208.71 feet; thence South 34015'00" East 208.71 feet; thence North 55045'00" East 208.71 feet to the true 'point of beginning. TOGETHER WITH an easement for ingress, egress and utilities being 20 feet in width described as follows: Beginning at the Southeast corner of said South 10 acres, said 1 point being the true point of beginning of this easement; thence North 39040'00" West, 327.00 feet to the west corner of the above described 1 acre; thence South 55045'00" vvest, 20.09 feet; thence South 39040'00" East, 311.43 feet to the south line of the said south 10 acres; thence South 88031'27" East 26.56 feet to the point of beginning, situate in Kitsap County, Washington. The CITY does further transfer unto the grantee all right, title and interest in and to the well and any and all appurtenances and personal property and fixtures presently located thereon. The said CIT~ does further set over, transfer and assign unto NORTH PERRY AVENUE WATER DISTRICT all of its water rights and rights to appropriate water and water permits in connection with said well site. There is further herewith conveyed an easement for the installa- tion, maintenance, repair and reinstallation of a water pipe line and of electrical and signal lines for the servicing and control of said well, well site and water system, said easement being located centered upon the exist- ing water pipe line which pipe line is described as being located within the: . West half of the Northeast 1/4 of the Southwest 1/4 of Section 25, Township 25 North, Range 1 East, vLM., and being as follows: Beginning at the Southwest corner of the South ten (10) acres of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 25, Township 25 North, Range 1 East, W.M.; thence North 1016'33" East 519.33 feet along the West line of the said South 10 acres to the Northeast corner of Lot 10 of the plat of Highland Park in the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of said Section 25 and the true point of beginning of the centerline description; thence North 69034' 49"East 45.29 feet; thence North 89008'19 East, 133.02 feet; thence South 38046'15" East, 187.96 feet to a point on the Northwesterly property line of the one acre parcel of land around Meadow Dale Well as above described, said point being 30 feet from the northerly corner of said parcel and the end of this centerline description, and also easement for similar purposes over: East 15 feet of the South 10 acres of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 25, Township 25, North, Range 1 East, W.M., .~ _.1 .. ./ ,_.~ / and also there is granted an easement for similar purposes, over, across and under the 20 foot ingress and egress easement above described. The above easement shall be perpetual in nature and shall run with the land for the benefit and appurtenant to the 1 acre site above described. The grantee shall be entitled to enter upon the land upon which these easements are located with men/ equipment and materials for the purpose of carrying out the work and activities involved in the installa- tion, maintenance and repair and reinstallation of said water, electrical and signal systems. c;:~ day of July / 1978. DATED this C ITY/9FjB~r>13~~.9f? <:t /M1.lp~ ~_ i.~_'tl- Co rpor at ion 'J"'<-/// L.--~_/I i /./. A'1/!<,-C1/bt/l' J b ' (i /' J ....- ~,...-P"___ .y:' , - .. - -1\oEE''Y-T :8. SiE-:-W~J4R1; Mayor 'P'Ro TE/fT~ ATTEST: ~ ~ ' \ '\ s;: '" l'. ~'. \'-' ~~~M \:\ , City Clerk ' '\\{. "{' (\, \ ' , . \(~ STATE OF WASHINGTON ) ) ) SS COUNTY OF KITSAP The undersigned, being first duly sworn on oath depose-and say: That they are the duly acting and qualified Mayor Pro Tempore and City Clerk of the City of Bremerton, a Municipal Corporation of the State of Washington; that they are authorized to execute this Deed, Easement and Bill of Sale on behalf thereof; that they have read the foregoing, know the contents thereof and believe same to be true. , ! '. /7 - ----.) /.) /l ..., ~ --\) !:-- /' //-:;;- . rf!----- ''--- \(C t..f.e--~t\ _.'Z),"I/{--t{?~Z/ ROBERT B. STEWART, ~ayor Pro Tempore , -- ,--/ \ ' - \?~..... ',-'; ('~. __c~'-.., (\ ('__ \' A ~ (-=) ~-. i>r\ _ (~\ \I'{ " (f:-____.: L.-J_...,..:._~ KATHLEEN L. MANDIO, City Clerk SUBSCRIBED AND SWORN to before me this 28th day of July 1978. ~. NOTARY PUELT n and for the State of Washington, residing in Bremerton. . . A G R E E MEN T COMES NOW, NORTH PERRY AVENUE WATER DISTRICT and the CITY OF BREMERTON, municipal corporations of the State of Washington, and hereby acknowledge that heretofore the CITY OF BREMERTON had established a well site on the parcel hereafter . < referred to, together with pipelines for the distribution of water from this source, and road access to the said well site. The parties further acknowledge that the above well site was heretofore used by the CITY OF BREMERTON in connection with the supply of customers in the vicinity of said site; that transfer of service to those customers had subsequently oC9urred such that these customers are now being served by NORTH PERRY AVENUE WATER DISTRICT. The well,--~i ts site, the easements .~ ~ and appurtenances are now surplus to the needs of the CITY OF BREMERTON in the foreseeable future and are of use and utility to the NORT~ PERRY AVENUE WATER DISTRICT. The parties have .<, agreed that the land, in the form of orr~ (1) acre, as centered upon the well site aforesaid, the well and the appurtenances there existing, the pipelines and utility supplies, road access to the site and easement for perpetual maintenance of pipeline have a value of TWENTY THOUSAND DOLLARS ($20,000.00). IT IS AGREED that the CITY OF BREMERTON will convey to NORTH PERRY AVENUE WATER DISTRICT the real property described ln the attached exhibit, together with the easements therein out- lined, this conveyance to be subject to the procedures established under RCW 39.33.010 et seq. The conveyance shall be ln the form set forth in the attached exhibit. Payment shall be in cash, on conveyance of the property. The parties hereto declare that their respective legislative bodies have passed the requisite resolutions as . . would authorize the entry into this transaction by the respective parties. The conveyance shall be free and clear of all encumbrances. Title insurance insuring the purchaser shall be procured but at the purchaser's expense. It is agreed that WILLIAM R. GARLAND, attorney, Bremerton, Washington, shall act on behalf of the City and of the Water District in seeking the necessary approval in confo~ity with the statutory procedures, this to be without expense to the City. Representatives of the District having inspe~ted the well and sight, it is agreed that the District shall accept same in its present condition. The parties agree that there further shall be transferred from the City to the District any and all water.irights, permits or rights to appropriate water from this ,sight which 'are now held by the city. r, ..../ . DATED this ;)':::J day of July, 1978. ...~, CITY OF BREMERTON, A Municipal Corp~~a,ion . .<.,(_ i // .'- f' . ... )\ 6gi~f,Y,";;Z-f/.<(.'a l/ bY.j ~O~~T '1. STEWNJlTMayor 'P'Ro TE n'P , ATTEST: ~ ~QU<A~) \{\{rJ~ l.ty Clerk NORTH PERRY AVENUE WATER DISTRICT by: Chairman-Commissioner Commissioner Commissioner e . 1 2 3 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KITSAP COUNTY 4 * No. IN THE MATTER OF THE INTER- GOVERNMENTAL TRANSFER OF 5 REAL PROPERTY IN SECTION 25, 6 TOWNSHIP 25 NORTH, RANGE 1 EAST, FROM THE CITY OF 7 BREMERTON TO NORTH PERRY AVENUE WATER DISTRICT. * PETITION FOR INTERGOVERNMENTAL TRANSFER * 8 * 9 COMES NOW the CITY OF BREMERTON and petitions and alleges to 10 the above court as follows: 11 I. 12 It is a municipal corporation of the State of Washington, as 13 is NORTH PERRY AVENUE WATER DISTRICT, bbth situate in Kitsap County, 14 Washington, and having property in said county, as hereafter 15 described. 16 II. 17 " That the CITY OF BREMERTON, by~esolution has declared as 18 19 surplus to its needs certain real property as hereafter described. 20 That said parcel is a well site and heretofore had been used as a 21 part of the source of supply of customers served by the CITY OF 22 BREMERTON in the area surrounding its location. That service to 23 these customers has been changed by duly authorized and approved 24 ( agreements so that they are presently served by the WATER DISTRICT and the CITY OF BREMERTON for the foreseeable future has no need for 25 said site. 26 III. 27 28 That the parties have had the subject property appraised and have concluded that the value thereof is TWENTY THOUSAND DOLLARS 29 30 ($20,000.00) and have entered into an agreement for the purchase and 31 sale thereof, together with requisite easements for that sum; that 32 said agreement has been duly authorized by resolution of each of the governmental bodies. PETITION FOR INTER- GOVERNMENTAL TRANSFER -1 LAW OFFICES 01' WM. R. GARLAND 207-2011 DIETZ BLDq. BREMERTON. WI< 118310 1208> 377-2828 e . IV. 1 2 Petitioner believe~ that it is for the best interests of bot 3 the CITY and the WATER DISTRICT and the public generally, that there 4 be approved an intergovernmental transfer of the subject property to 5 the WATER DISTRICT in exchange for a cash payment of TWENTY THOUSAND 6 DOLLARS ( $ 2 0 , 000 . 00) . 7 V. 8 The subject real property is more particularly shown on the 9 attached exhibit. 10 WHEREFORE, it is prayed that there be entered an order of 11 the above court specifying the appropriate notice to be given of 12 this proceeding and hearing upon this petition and upon said hearing being had the court enter an order approving the conveyance and 13 ''''!I ' 14 transfer in accordance with the terms hereof. 15 16 by: Mayor 17 .'. J> ~ ;<) 18 19 WILLIAM R. GARLAND Attorney for Petitioner 20 STATE OF WASHINGTON S5. 21 COUNTY OF KITSAP 22 I The undersigned, being first duly sworn on oath deposes and I 23 says: That he is the duly acting and qualified Mayor of the City 24 o~ Bremerfon, a Municipal Corporation of the State of Washington; 25 that he is authorized to execute th~s verification on behalf there- 26 of; that he has read the within and foregoing PETITION, knows the 27 contents thereof and believes ~ue. ~. ......GLE K. JARSTAD 28 29 SUBSCRIBED AND SWORN to before me this 30 1978. of 31 32 PETITION FOR INTER- GOVERNMENTAL TRANSFER -2 LAW OFFICES OF WM. R. GARLAND 207-20a DIETZ BLDG. BREMERTON, WA aBtlo 120el 377-2828 . . July 11, 1978 MEAWW DALE WELL SITE Being 1 acre in the W 1/2 of the NE 1/4 of the SW 1/4 of Sec. 25, T25N, R1E, W.M., property described as follows: Beg at the SW Cor. of the south 10 acres of the W 1/2 of the NE 1/4 of the SW 1/4 of said Sec. 25, Twp. 25 N, R1E, W.M., thence S 88031'27"E, 665.91 feet to the SE Cor. of said south 10 acres; thence N 39040'00" W, 327.00 feet to the TPOB; thence N 340l5'on" fv, 208.71 feet; thence S 55045'00" fv, 208.71 feet; thence S 3/l015'OO'E, 208.71 feet; thence N 55045'00" E, 208.71 feet to the TPOB. Together with an easement for ingress, egress and utilities being 20 feet in width described as follows: Beginning at the SE Cor. of said south 10 acres, said point being the TPOB, of this easement; thence N 39040'00" W, 327.00 feet to the west corner of the above described 1 acre; thence S 55045'00"W, 20.09 feet; thence S 390 40'00" E, 311.43 feet to the south line of the said south 10 acres; thence S 88031'27"E, 26.56 feet to the POB. '-. ~. \;, ~ c.