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Home My WebLink About201004130221 Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 �� BREMERTON CITY OF 201004130221 I Easement Rec Fee $ 65.�0 04l13/2�10 12 19 pM Page 1 of 4 I� IIIIIII Illl III IIII Illilll IIIIII III illll IIIII Iilllll III III IIIII IIII IIII � AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Mutual Access and Urility Easement Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. Navy City Metals and City of Bremerton � Additional names on page of document. � �� TAX EXEMPT �p� 13 010 Grantee(s): 1. City of Bremerton and Navy City Metals � Addirional names on page of document. Legal Description: Government Lot 1(SE '/4 of the NE '/4), Secrion 32, Township 24 North, Range 1 East, (abbreviated) W � Additional legal is on page �- � of document. Assessor's Property Tax Parcel/Account Number: 322401-1-127-2005 322401-1-076-2006, 322401-1- � 078-2004 and 322401-1-077-2005 Project Name: Gorst Sewerage � MUTUAL ACCESS AND UTILITY EASEMENT AGREEMENT J THIS INSTRLJMENT made this 1� day of � �,UY' , 2010, by and between CITY OF BREMERTON, (CITI� a Washington mun' ipal corporation of Kitsap County, State of Washington, and NAVY CITY METALS, (NCM) a Washington Corporation. WITNESSETH that NCM (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, convey, and confirm forever unto CITY (Grantee), its successors andlor assigns, a utility easement for sewer, water, stormwater and/or other municipal utilities, with necessary appurtenances, over, through, across and upon the � UTILITY EASEMENT (Individual) - Page 1 of 4 I following described property situated in Kitsap County, Washington, more particularly described as follows: The west half of the vacated County road described as follows: � Change of County Road No. 154 as established October 1, 1906 , lying south of the southerly right-of-way margin of West Belfair . Valley Road and north of the northerly right-of-way margin of SR 3; Situate in Government Lot 1(SE '/4 of the NE '/4), Section 32, Township 24 North, Range 1 East, W.M., Kitsap County, Washington. 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, axid 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 rights and uses granted to Grantee described 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. IN ADDITION, WITNESSETH that CITY (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, convey, and confirm forever unto NCM (Grantee), its successors andlor assigns, an easement for the purpose of ingress and egress over, through, across and upon the following described property situated in Kitsap County, Washington, more particularly described as follows: The east half of the vacated County road described as follows: Change of County Road No. 154 as established October 1, 1906 lying south of the southerly right-of-way margin of West Belfair Valley Road and north of the northerly right-of-way margin of SR 3; � UTILITY EASEMENT (Individual) - Page 2 of 4 Situate in Government Lot 1(SE '/4 of the NE '/4), Section 32, Township 24 North, Range 1 East, W.M., Kitsap County, Washington. 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, 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 objects on the property described in this easement or the immediately adj acent 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: GRANTOR: � Y�� - NAVY ITY TALS, INC. CITY OF ERTO DATE: D� � v DATE: � �- 3 � Approved by: ` / ��c:.. OGER UBOVICH ' City Attorney " � . (Notnry Acknowledgment Appears on Next Pages) UTILITY EASEMENT (Individual) - Page 3 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this � day of � , 2010, before me a Notary Public in and for the State of Washington, personally appeared Ti�ua� L-andcn to me known to be the individual(s) 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 Wrthin This Box- IN W S F, I have hereunto set my hand and official seal the day and year first above � � � \ �� F,�.' /� �� . �: � TA A �'N;�G� �� ,� � . _ '. p �/6�-� G � TARY PUBLIC, in and for�,he Stat J' . 7 O • �' �j�� • . �.15 ��; . ° �� f Washington, residing at /U �� WA5N�`��,�= My appointment expires /.�—/5- a�/D STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this�� day of c- , 2010, before me a Notary Public in and for the State of Washington, personal y appeared Patty Lent, Mayor of the City of � Bremerton, to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this � instnament, and on oath stated that he/she/they were authorized to execute said instrument. -Notary Seal Must Appear Wrthtn This Box- IN " REOF, I have hereunto set my hand and official seal the day and year first abov � � O � � �3� v�e� , • � L ��T'�R��a o J° �� NOTAR UBLIC, in and far the State e • �� G � ��• � e of Washington, residing at ��1.�5�� ` ° •� r5 �'� �'�p� My appointment expires ��—\S � e,,��. WAB�'��' R:\LEGAL�Forms�Easements\Utility Easement Form ([ndividual).doc UTILITY EASEMENT (Individual) - Page 4 of 4