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HomeMy WebLinkAbout201103080010 BREMERTON CITY OF 20110 3080010 03 /08/201 - Easement 1 0 Fee $ 66 00 1 08 56 AM 4 Walter Washlington itsap Co Auditor IIIIIIII IIIIII II� �II! �IIIIIII�II�IIjI III�VIII II'III�II�I�II��II�I'II�I I�IIII�I page 1 o f 5 Return Address City Clerk _ i City of Bremerton _ 345 Sixth Street, Suite 600 Bremerton, WA 98337 EXCISE TAX EXEMPT 14AR 0 i t2011 AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Storm Easements Reference Number(s) of Documents assigned or released N/A Grantor(s) 1 Kitsap Transit X❑ Additional names on page 2 of document Grantee(s) 1 The City of Bremerton X❑ Additional names on page 3 of document Legal Description A portion of the NE '/4 of the NE '/a of Section 22, Township 24 N, Range 1 West, W M (abbreviated) in Kitsap County, WA X❑ Additional legal is on page 4&5 of document Assessor's Property Tax Parcel /Account Number 112301 -3- 001 -1000 Project Name Kitsap Transit Storm Easement STORM EASEMENT (Corporate) THIS INSTRUMENT made this �6 day of �e-+�U �-�y , 204kff, by and between KITSAP TRANSIT (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 (Corporate) - Page 1 of 5 l The Easement is depicted on the Site Plan attached as Exhibit B 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, within the Easement, provided, however, that any improvements existing within this easement area and any Permitted Improvements (as defined below) hereafter placed on the surface of the Easement or on or within the immediately adlacpnt 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 the Easement, so long as such use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document, including the right to develop parking areas, driveways, sidewalks and landscaping areas thereon (herein referred to as "Permitted Improvements ") Notwithstanding the foregoing, under no circumstances shall Grantor place any cement, concrete, structure, trees, large shrubs or large objects on the Easement or on 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 GRANTOR KITSAP TRANSIT By 69� m �L Printed Name Richard H#JS Its Executive Di ector DATE l j�ll� (Notary Acknowledgment Appears on Next Page) STORMWATER EASEMENT (Corporate) - Page 2 of �� STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On this day of JtKua(l, 2010, before me a Notary Public in and for the State of Washington, persona ly appeared RICHARD HAYES, to me known to be the Executive Director of KITSAP TRANSIT, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument -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 k no — rOa.�ti NOTARY PUBLIC, in and for a State `'^ of Washington, residing at re wee l w4' n, t �� gip. ;mtment expires 1p 2.0 l � C r FP APPROVED A TO FORM R R A aBOVICH City Attorney R \ LEGAL \Forms\Easements \Stormwater Easement Form (Corporate) doe STORMWATER EASEMENT (Corporate) - Page 3 ofX5 EXHIBIT (KITSAP TRANSIT STORM DRAIN EASEMENT) A strip of land, 15.00 feet in width, lying within Blocks 4 and 9, plat of "Charleston ", as recorded in Volume 2 of Plats, pages 16 and 17, records of Kitsap County, Washington, and within that portion of vacated Coontz Street as described City of Bremerton Ordinance No 4913, recorded under Auditor's File No. 200608180382, records of Kitsap County, Washington, lying 7 50 feet on each side of the following described centerline Beginning at the Northeast comer of said Block 9; thence North 1 0 37'40" East along the westerly right -of -way margin of Callow Avenue a distance of 36.87 feet to the True Point of Beginning of said centerline, thence South 88 °05'16" West 18 58 feet; thence North 87 °55'36" West 55.08 feet, thence North 0 0 48'58" East 47 32 feet; thence North 88 0 '54'42" West 8144 feet, thence South 1 West 45.63 feet, thence North 88 0 22'19" West 55 64 feet to the easterly right -of -way margin of State Route 304 and the terminus of said centerline, The sidelines of the above described stnp of land shall be shortened or lengthened, as the case may require, to intersect the westerly right -of -way margin of Callow Avenue and the easterly right -of -way margin of State Route 304 �ofs � I Block 4 / STORM DRAIN EASEMENT I N 88 °54'42" W I 8144' 1 ' � v N 0 °48'58" E I 47 32' N 87 0 55'36" W ° —_ 55 08' I S 1 °59'11" W I 45 63' ' N 88 W S 88 °05'16" W _ I N 1 o 1 8 58' M I Scale. 1 fl_ 60 — `� I ° Vacated Coontz St. a AFN 200608180382 I � I I NE CORNER. BLOCK 9 z I I co� i� Block 9 I I "Charleston " EXHIBIT 5 I I I VOLUME 2 OF PLATS, PAGES 16 & 17 Portion of the NE 1/4 NE 1/4 50' (TAX ACCOUNT No 3732-004 -015 -0103) ' Section 22, T 24 N, R 1 E, W.M. ' 30' I 30' Kitsap County, Washington i