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HomeMy WebLinkAbout200912290250 � _ . r ,Return Address: City Clerk City of Bremerton o 345 6�' Street, Suite 600 Bremerton, WA 98337 �---- , _____-------- �- 2@0912290250 � ; BREMERTON CITY �8 00 p � of 7 ; � Easeme�t Rec Fee $ ', ; 12/2912009 11 51 RM , / Waltar Washin9ton, Kitsap Co Ruditor � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIII������IIIIIIIIIIIIII �_ AUDITOR/RECORDER'S INDEXING FORM Document Title(s): Sewer Easement . Reference Number(s) of Documents assigned or released: N/A Grantor(s): l. Raymond L. Gardner Jr., 2. Gregory B. Hunt and Joan M. Hunt x�j Additional names on page _ 3, 4, 5 of document. Grantee(s): 1. The City of Bremerton � Additional names on page 2 of document. Legal Descnption: A portion of the NW %a of the SE '/4, Sec. 32, T. 24 N. R. 1 E., Kitsap County, WA. (abbreviated) Gladishore Garden Tracts Par. 1 Tr. 5, Par. 2 Tr. 6, Par. 3 Tr. 7, Recorded in Vol. 5, pg. 36 of Plats. � Addrtional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number: 4539-000-005-0106 Project Name: Gorst Sewerage � Q SEWER EASEMENT �- �� � � � �•� THIS INSTRLTMENT made this � day of�; 2009, by and between Raymond L. Gardner Jr., Gregory B. Hunt and Joan M. Hunt (hereinafter "Grantor") 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 7 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 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. , (Notary Acknow[edgment Appears on Next three Pages) APPROVED AS TO FORM: ROGE � A. UBOVIC City Attorney R:\LEGAL\Forms�Easements\Sewer Easement Form (Corporate).doc T:�Pro�ects\Gorst Sewer� easement Gardner N20.doc. Page 2 of 7 GP:t�TOR: � � %! � Ray ond L. ardner Jr. By: Its: DA TE: lJG Gq STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this � day of e , 2009, before me a Notary Public in and for the State of Washington, personally ppeared Raymond L. Gardner Jr. to me known to be the individuals(s) described in and who executed the foregoing instnunent, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. -Notary Seal Must Appear Within This Box- IN WITNESS WHBREOF, I have hereunto set my hand and official seal the day and year first above written. �t�.� N P k�`� NOTARY PUBLIC, in and�he State �.... ,� ..o��,�ss�o"'F�,,i.�� of Washington, residing at �.,�� ���,o . �� ��yQ TqR �'�+�� � My appoinhnent expires �� _ /S— /D : ,p � ' % _ �'.� •. , vBL�G , . . y9 r�C, • � �"� y b.1p . ,� �� W��W���"�� Page 3 of 7 G OR: Grego B. Hunt By: Its: DATE: � / � /d y � STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this �� day of , 2009, before me a Notary Public in and for the State of Washington, personally appeared Gregory B. Iiunt to me known to be the individuals(s) described in and who executed the foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and - , purposes therein mentioned. -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. YN P ' �� �f� '` NOTARY PUBLIC in and �er-�e State �� �� of Washington, residing at (y'�i1 �. / � J/� Y . �� T.q� ��,. � My appointment expires !o"� /S— /O ; A * ,�N: G� � �. ��e�.�c : _ - �•• � F • . � � 5 � � �?,� • .. . � �O wASM�NG Page 4 of 7 G OR: Jo . Hunt By: Its: DATE: — O� STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this � day of /� ��- ; 2009, before me a Notary Public in and for the State of Washington, personally appeared Joan M. Hunt, to me known to be the individuals(s) described in and who executed the foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. � -Notary Seal Must Appear Within This Box- IN WIT'NESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. yN P• KF� NOTARY PUBLIC, in and�e State �.�.��sg�oN Ex �� of Washington, residing at � / N � T fr�F� � .�o���(',[��"�F . (,� My appointment expires � - • *. i- . .� . . : AUBi.�G : _ . �'�9 •. �2_ 15.��. ,�O �' •.. .•• �G F �F W AS`�`� -- Page 5 of 7 J EXHIBIT "A" EASEMENT #1 Legal description: A sewer easement upon, through the following described property: An easement located within Tract 5 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 northwest corner of said Tract 5; thence along the north line of said Tract 5, South 88°59'26" East 167.28 feet to the True Point of Beginning; thence continuing along said north line, South 88°59'26" East 70.00 feet to the westerly right of way of State Highway SR 16 at an intersection with a 716.60 foot radius curve, the radius point of which bears North 72°53'39" East; thence southerly along said curve and along said right of way an arc distance of 26.47 feet through a central angle of 02°06'S9"; thence leaving said right of way, North 88°59'26" West 78.69 feet; thence North O1°00'34" East 25.00 feet to the true point of beginning. EASEMENT #2 Legal description: A sewer easement upon, through the following described property: Located within Tracts 5 and 6 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 northwest corner of said Tract 5; thence along the north line of said Tract 5, South 88°59'26" East 23728 feet to the westerly right of way of State Highway SR 16 at an intersection with a 716.60 foot radius curve, the radius point of which bears North 72°53'39" East; thence southerly along said curve and along said right of way an arc distance of 59.77 feet through a central angle of 04°46'43" to the True Point of Beginning; thence continuing southerly along said cwrve and along said right of way an arc distance of 93.02 feet through a central angle of 07°26'14"; thence continuing along said right of way, South Ol°04'17" West 22.00 feet; thence leaving said right of way, North 20°35'30" West 113.04 feet to the true point of beginning. .l Page 6 of 7 EI�IT "A" cont. NORTHWEST GORNER OF TRACT 5 4 TRUE POINT OF BEGINNING � N�� 5 �/ / S88°59'26"E � � " 167.28' - 70.00' ` �=04°46'43" 1 R=716.60' N01 °00'34"E � L=59.77' 25.00' N88°59'26 W 78.69' � PROPOSED �� EASEMENT #1 0=02°06'59° ) � R=716.60' � 5 L=26.47' �� TRUE POINT OF , p-p7°2g'14^ , ' BEGINNING R=716.60' — — — — — — — — — � � — — L=93.02' 2 PROPOSED o EASEMENT#2 �'r. 0 � � 1 � 6 0 � � 1 � � v 00 �o - - - - - - - - ° , _ _ __ _ _ _ _ !n N 7 � SR 3 Parametrix DATE: Jun18,2D09 FILE: BR789608SF0.5 � Proposed Sewer Easement Across o N 5o Hunt/Gardner Properties Page 7 of 7 SCALE IN FEET