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Home My WebLink About200912290247 Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 _--------'� � � I BREMERTON CITY OF 200912290247 � I Easement Rec Fee $ 6� �0 page 1 of 6 i �, 12/29/2009 11 51 RM I ` I I III�II I I III I I I III� IIIIII I III IIII IIIII IIIII I 'IIIII III IIIII IIIII IIIII �III IIII � \ — --- AUDITOR/RECORDER'S INDEXING FORM Document Titie(s): 1. Sewer Easement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. David Shockley and Neal Kitzman � Additional names on page 3, 4 of document. Grantee(s): �, The City of Bremerton x0 Addihonal names on page 2 of document. Legal Description A portion of the, SE '/< of the NW '/< of Sec. 32, T24N, R1E, W.M., Kitsap County, WA. (abbreviated) x� Addi6onal legal is on page 5, 6 of document. Assessor's Property Tax Parcel/Account Number: 4504-000-007-0006 Project Name: Gorst Sewera e S stem Pro�ect � SEWER EASEMENT (Individual) TI3IS INSTRUMENT' made this � day of �l/'v , 2009, by and between David Shockley and Neal Kitzman (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 (Shockley-Kitzman) - Page 1 of 6 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 azeas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constxucting, 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. APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney SEWER EASEMENT (Shockley-Kitzman) - Page 2 of 6 � T a id Shoc y DATE: D STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this �2 day of , 2009, before me a Notary Public in and for the State of Washington, personally appeared David Shockley 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 Withen Th�s Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above wr��A!»��rl�j�� y�P� gER Tti�9G �� ,�' Ot A A Y �L y -- '_ � 2019 �' NOTARY PUBLIC, in and fo e State : v �s� 18 � G 2= of Washington, residing at �� r UB�� '��\ My appointment expires /� 2a �3 � ' ��i��F OF W ps� `��\` /llUtillll\� SEWER EASEMENT (Shockley-Kitzman) - Page 3 of 6 GRANTOR: Neal Kitzman 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 Neal Kitzman 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 W�thrn Th�s Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and yeaz first above writt`��qlqlillyj�� BEqr�� i . � tAA ' _�� '1' Y�� M+ $fOTARY PUBLIC, in and for e State � � ,� � Washington, residing at � � pN!{�� ,� 3GIy appointment expires 6/ % �� y � , F OF V�jpg� � / �jliiJ iI11111�� T\all users\gritton\gorstsewer\Shockley-Kitzman m-easement 007 doc SEWER EASEMENT (Shockley-Kitzman) - Page 4 of 6 EXHIBIT "A" ' Legal description and map: A sewer easement the east boundary offset 15 feet from the west property line and terminating at the north and south property lines, upon, over and under the following described property: 4504-000-007-0006 1675750� 041 W BELFAIR VALLEY RD BREMERTON WATERWORKS TRACT LOT A SHORT PLAT 705R-1 RECORDED UNDER AUDITOR'S FILE NO. 1152053 AMENDED UNDER AUDITOR'S FILE NO. 9204230054; BEING THAT PO1tTION OF TRACT 7, BREMERTON WATERWORKS TRACTS, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 102, RECORDS OF KITSAP COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID TRACT 7 AND THE SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE N88*38'00 W ALONG SAID SOUTH MARGIN 62 FEET TO TI�E TRUE POINT OF BEGINNING; THENCE Sl*40'S7 W 100.5; THENCE N88*38'00 W 138 F�E'�, MO1tE OR LESS, TO '�HE W�S'�' LINE O�' TRACT 7; THENCE NORTH ALONG SAID WEST LINE TO SAID SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE S88*30'10 E ALONG SAID SOUTH MARGIN 138 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH AN EASEMENT RECORDED UNDER AUDITOR'S FILE NO. 9204230054. SEWER EASEMENT (Shockley-Kitzman) - Page 5 of 6 � EXHIBIT "A" CONTINUED IN BELF,qIR� VALLEY ROAD ,00? 0 0° 6 B — � � DOS— 00 ,000 ; �5�� 705R1-A 15' SEWER EASEMENT 705R 1-B 3�3 0 4 3 ��0 �p0' 0 � 045 � c 007— 04 B A 705R1-C 044 705R1-D SEWER EASEMENT NORTH Shockley -Kitzman 007 6 of 6 a D