HomeMy WebLinkAbout200912290251 Return Address: City Clerk
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, WA 98337
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(� CITY OF 200912290251 l
BREMERTON Page � °f 5
Easement Rec Fee. $
66 00
12I2912009 11 51 RM ,
Walter Washin9ton, Kitsap Co Ruditor
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Sewer Easement
. Reference Number(s) of Documents assigned or released: N/A
Grantor(s): 1. MGD Family Limited Partnership
x� Additional names on page 2 of document.
Grantee(s): 1. The City of Bremerton
x❑ Addirional names on page 3 of document.
�egal Description: A portion of the NW '/4 of the SE '/4, Sec. 32, T. 24 N., R. 1 E., Kitsap County, WA.
(abbreviated) Gladishore Garden Tracts 2, 3 and 4 Recorded in Vol. 5 of plats pg. 36.
� Addirional legal is on page of document.
Assessor's Property Taz Parcel/Account Number: 4539-000-002-0000 and 4539-000-004-0107
Project Name: Gorst Sewerage
2 � 2049
SEWER EASEMENT
(Limited Partnership) -
THIS INSTRUMENT made this � � s � day of , 2009, by and
between MGD Family Limited Partnership (hereinafter "G antor") and the CITY OF
BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington
(hereinafter "Grantee").
WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or
other valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these
presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or
assigns, an easement for sewer utilities, with necessary appurtenances, over, through, across and
upon the following described property situated in Kitsap County, Washington, more particularly
described as follows:
SEE EXHIBIT "A" ATTACHED
,.�
' Page 1 of 5
Grantee shall have the right, without prior institution of suit or proceeding at law, at times
as may be necessary, to enter upon the above-referenced property and immediately adjacent
incidental areas with the necessary equipment for the purposes of altering, installing, operating,
maintaining, extending, constructing, repairing, and reconstructing the utility/utilities, 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 cement, concrete, structure, trees, large shrubs or any other objects on the
property described in this easement or the immediately adjacent incidental areas in a manner that
would interfere with Grantee's use of the easement.
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.
GRANTOR:
MGD Famil� imited Partnership
By (��-�—' �
Its: c �h�� ,
DATE: � — 3 / — 2�j
(Notary Acknowle�lgment Appears on Next Page) .
Page 2 of 5
STATE OF WASHINGTON )
� ) ss.
COUNTY OF KITSAP )
On this 31 � day of , 2009, before me a Notary Public in and for
the State of Washington, personally ap ared S�m o n t..� � , to me known
to be the ���%j� of MGD Family Limited Partnership, a Washington limited
partnership that executed the foregoing instrument, and acknowledged it to be the free and �
voluntary act of said limited partnership, for the uses and purposes mentioned in this instrument,
and on oath stated that he/she/they was/were authorized to execute said instrument.
-Notary Seal Must Appear Wethin Th1s Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
� .
��lN P' KF� NOTARY PUBLIC, in and�e State
�1` FkA;� �F� of Washington, residing at , f Q�.L� �c�
� � c,�Q � /��m ; = My appointment expires %� �/� —/p
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9 �`� �F wa,s��`��'��
APPROVED AS TO FORM: �
R ER A. LUBOVICH
City Attorney
R\LEGAL\Forms\Easements\Sewer Easement Form ( Limrted Partnership) doc
T\Projects\Gorst Sewer\Easements Lee MGD doc
Page 3 of 5
,
' EXHIBIT "A" �
An easement for sewer upon and through the following described property:
Located within Tracts 2, 3 and 4 of the Plat of Gladishore Garden Tracts according to the Plat recorded in Volume 5
of Plats on Page 36 in Kitsap County, Washington described as follows:
Commencing at the southwest corner of said Tract 4; thence along the south line of said Tract 4, South 88°59'26"
East 237.28 feet to the True Point of Beginning at the westerly right of way of State Highway SR 16 at an
intersecrion with a 716.60 foot radius curve, the radius point of which bears North 72°53'39" East; thence northerly
along said right of way and along said curve an arc distance of 65.00 feet through a central angle of OS°11'S1";
thence continuing along said right of way South 78° OS'29" West 6.61 feet to a point hereinafter referred to as Point
"A"; thence leaving said right of way, South 19°16'34" East 65.18 feet to said south line of Tract 4; thence along
said south line, South 88°59'26" East 1.23 feet to the true point of beginning.
AND
Commencing at said Point "A"; thence along said westerly right of way of State Highway SR 16, South 78°OS'29"
West 3.39 feet to an intersection with a 726.60 foot radius curve, the radius point of which bears North 78°OS'29"
East; thence northerly along said right of way and along said curve an arc distance of 23.32 feet through a central
angle of O1°50'21" to the True Point of Beginning; thence continuing northerly along said right of way and along
said curve an arc distance of 50.86 feet through a central angle of 04°00'39"; thence continuing along said right of
way South 83°56'29" West 6.32 feet to a point hereinafter referred to as Point "B"; thence leaving said right of way,
South 13°29' 12" East 37.02 feet; thence South 19° 16'34" East 14.50 feet to the true point of beginning.
AND
Commencing at said Point "B"; thence along said westerly right of way of State Highway SR 16, South 83°56'29"
West 3.68 feet to an intersection with a 736.60 foot radius curve, the radius point of which bears North 83°56'29" ,
East; thence northerly along said right of way and along said curve an arc distance of 24.97 feet through a central
angle of O1 °56'33" to the True Point of Beginning; thence continuing northerly along said right of way and along
said curve an arc distance of 128.82 feet through a central angle of 10°O1' 12" to the southerly right of way of State
Highway SR 3; thence along said right of way, North 89°00'35" West 23.69 feet; thence South 07°54'S2" East
92.81 feet; thence South 13°29' 12" East 38.17 feet to the true point of beginning.
` ,
Page 4 of 5
EXHIBIT "A" cont.
SR 3
- N89°00'35"VV 114.05' -
23.69' ` `
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W
i� TRUE POINT OF
� BEGINNING
0
o POINT "B"
Z S13°29'12"E i
N88°16'38"W 38.17' S83°56'29"W
22.50' 3 6.32'
�� 0=04°00'39"
A=01 °56'33" `, R=726.60'
R=736.60' L=50.86'
L=24.97' 3.68'
� � TRUE POINT OF
BEGINNING
in S13°29'12"E POINT "A"
. � 37.02' � S78°05'29"W
6.61'
W S19°16'34"E
i� 14.50'
v
° 4 �=01°50'21" p=05°11'51"
SOUTHWEST Z R=726.60' R=716.60'
CORNER OF . L=23.32' 3.39' L=65.00'
TRACT 4
N88°59'26"W
S19°16'34"E 1.23' �
65.18' '
� 3g"E
- ��•112 53
S88°59'26"E 237.28'
TRUE POINT
OF BEGINNING
5
ParametNx DATE: Junt8,2(109 FILE: BR189608SF06
,Q Proposed Sewer Easements Across
o � N 5o Lee Property
Page 5 of 5
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