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Home My WebLink About200912290241 Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 __------�--� 200912290241 � ' gR ME E TR ON CITY OF I I Easemeni Rec Fee. $ 66 00 \p 1 of 5 12/29l2009 11•51 RM i � Walter Washington, Kitsap Co Ruditor II'�IIIIIIIIIIII___ IIIIIIIIIII'I'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'IIIIIIII'I�IIII�IIIIII �_ AUDITORIRECORDER'S INDEXING FORM Document Title(s): 1. Sewer Easement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. Robert E. McCary Trustee x0 Addirional names on page 3 of document. Grantee(s): 1. The City of Bremerton � Addirional names on page 2 of document. Lega1 Description: A portion of the, NW '/<�of the SE '/4 of Sec. 32, T24N, R1E, W.M., Kitsap County, WA. (abbreviated) x� Additional legal is on page 4, 5 of document. Assessor's Property Tax Parcel/Account Number: 322401-4-039-2006 . Project Name: Gorst Sewera e S stem Pro'ect � � � 2009 SEWER EASEMENT (Individual) THIS INSTRUMENT made this � day of � , 2009, by and between Robert E. McCary Trustee (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 SEWER EASEMENT (McCary) - 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. l 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. APPROVED AS TO FORM: , RO ER A. LUBOVICH City Attorney r SEWER EASEMENT (McCary) - Page 2 of 5 G O : � � obert E. McCary Trustee DATE: /D �g' o � STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this � day of , 2009, liefore me a Notary Public in and for the State of Washington, personally appeared Robert E. McCary Trustee to me known to be the individual that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they were authorized to execute said instrument. -Notary Seal Must Appear Withtn This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above wri��1��/I/�� ` G� Wp � YNE eF 9r �� Q , f ' y � = t� � �CTq y �. — JU�y f� �� m�10TARY PUBLIC, in and fo the State � v+ A �f Washington, residing at � y� V 8{. I G 2`�y appointment expires 20 � � ','�� WASH�N��o�` �� i l / 111 I 1 I 111 � � � ��`` T\all users\gntton\gorstsewer\McCary m 039 doc SEWER EASEMENT (McCary) - Page 3 of 5 EXHIBIT "A" Legal description and map: A sewer easement over, under and upon the westerly 37 feet of the northerly 16 feet of the following described parcel: 22401-4-039-2006 � 1169283 671 W FRONTAGE RD THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE Nl*03'46 E 208 FEET ALONG THE EAST LINE OF SAID SUBDIVISION, TO THE SOUTHEAST CORNER OF A CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 53 OF DEEDS, PAGE 274; THENCE N88*57'46 W 208 FEET TO THE SOUTHWEST CORNER OF A CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 53 OF DEEDS, PAGE 274; THENCE Nl *03'34 E 244.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE Nl*03'34 E 155.41 FEET, MORE OR LESS, TO THE SOUTHERLY MARGIN OF STATE HIGHWAY NO. 3; THENCE N86*45'S0 W 116.95 FEET ALONG THE SOUTH MARGIN TO THE EASTERLY MARGIN OF FEIGLEY ROAD; THENCE ALONG THE EASTERLY MARGIN OF SAID ROAD S16*44'35 W 144.79 FEET; THENCE S81*28'25 E 157.36 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. SEWER EASEMENT (McCary) - Page 4 of 5 � � , EXHIBIT "A" CONTINUED � W FR0/V T,q GE RO,q D � SE Vl/ER E/� SEMEI�I T� , � � O � - � O � � � � C�� . � � � � � � �� SEWER EASEMENT NORTH McCARY 039 5 of 5 a D