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HomeMy WebLinkAbout201004130261 ., Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 . Bremerton, WA 98337 � BREMERTON CITY OF � 201004130261 Easement Rec Fee $ � Walter2Wash�ngtonPMKatsap Co Ruditor �a9e 1 of 4 i I il�lllllilllllllllllilllll�i�lllllllllllllllllll�lllilllllliilillll�illlllll�ll � AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Water Easement Reference Number(s) of Documents assigned or released: N/A EXCISE TAX EXEMPT ��� 13 0 Grantor(s): 1. Roger L. Aiken � Additional names on page 2 of document. Grantee(s): 1. City of Bremerton � ' 0 Additional names on page 3 of document. Legal Description: A portion ofthe SE 1/4 ofthe SW 1/4 of SEC 28 TWN 24N R lE WM, Kitsap County, WA (abbreviated) x0 Additional legal is on page 4 of document. Assessor's Property Tax ParceilAccount Number: 282401-3-036-2007 Pro'ect Name: WATER EASEMENT (Individual Private) THIS INSTRUMENT made this 26f6, day of �Vlprc� , 2010, by and between Roger L. Aiken (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 water 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 WATER EASEMENT (Individual) - Page 1 of 4 ; I _ / 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, insta.11ing, 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. Grantee agrees to relocate the utility to a feasible location agreeable to both the Grantor and Grantee one time upon redevelopment of the property and written request from the Grantor, at which time a new easement will be recorded. All costs incurred as a result of the one-time relocation will be paid by the Grantee. Grantee is not responsible for additional relocations of the utility unless required by law or a separate agreement. 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. G T � DATE: ��CR o?D �� (Notary Acknowledgment Appears on Next Page) WATER EASEMENT (Individual) - Page 2 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this �� day of /1� �ih�. , 2010, before me a Notary Public in and for the State of Washington, personally appeared o l[,,� to me known to be the individual(s) that executed the foregoing instrument, an 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 Within This Box- IN WI"TNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. �N P. K � - � - , •. !� ���.' �i� NOTARY PUBLIC, in and f e State �: �� R�, •= of Washington, residing at � l,d �� ; A : My appointment expires f�<;'—/�j . �y�.�• �2. � 5_��•�,�0 ,• �F APPROVED AS TO FORM: ER A. LUBOVICH City Attorney � WATER EASEMENT (Individual) - Page 3 of 4 r EXHIBIT "A" A 15-foot water main easement upon and through the following described property: 282401-3-036-2007 PT OF GOV L 5 SEC 28 24 lE & PT OF L 16 BK 5 PLAT OF SHERMAN HTS & PT OF STONER � AVE IN PLAT OF SHERMAN HTS AS VACATED BY CO COMMISSIONER & REC IN COMMISSIONER JRNL N0.6 PG 472 BEING MORE PARTICULARLY DES AS FOLS COMM AT XOFELNOFSDGOVLS&SR/WLNOFCORDN0.154567*18'lOWALGSDR/WLN 217.83FT TO W LN OF E 200FT OF SD GOV L 5 S 00*38'35 W ALG SD LN 201.O1FT TO CONCRETE MONUMENT ON SD W LN OF E 200FT OF SD GOV L 5 S 47*16'46 E 14.83FT TO TPOB CONT S 47*16'46 E 52.SSFT TO CONCRETE MONUMENT S 46*09'10 E 114.75FT TO CONCRETE MONUMENT AT X OF CURVE ON W LN OF ST HWY N0.21 HAVING RAD OF 1460.SOFT & TURNING THROUGH ANGLE OF 22*18'39 SWLY ALG ARC OF SD CURVE DIST OF 58.90FT CONT ALG SD R/W S 32*15'40 W 40.21FT LEAVING SD R/W LN RUN N 32*43'S0 W 128.80FT S 82*48'43 W 32.60FT N 11*13'46 W 30.06FT N 7*19'S5 W 23.77FT N 47*26'45 E 59.86FT TO TPOB The centerline of the easement being described as follows: From the TPOB of the above described parcel, S 47°26'45" W 59.86 ft, S 7°19'S5" W 23.77 ft, S 11°13'46" E 14.06 ft to the TPOB of the easement, then N 42°8'S3" E 65.14 ft, S 67°54'16" E 37.86 ft, S 46°8'S3" E to the terminus. WATER EASEMENT (Individual) - Page 4 of 4