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HomeMy WebLinkAbout201108230116 Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 CITY OF BREMERTON 201108230116 Easement Rao Fee $ 66 00 08/23/2011 11 25 AM Page 1 of 5 Walter Washington, Kitsap Co Auditor 1, I11 11111111111IIIIIII11111 11I IIIIIN III I11111111111111111111111111 1 11111111111 1IN AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Sewer Easement > Reference Number(s) of Documents assigned or released N/A Grantor(s) 1 FALCON VIEW PROPERTIES LLC ❑ Additional names on page 2 of document Grantee(s) 1 The City of Bremerton ❑ Additional names on page 3 of document Legal Description A portion of Government Lot 2 of Section 32, Township 24 N , Range 1E, W M in Kitsap (abbreviated) County, WA - ❑ Additional legal is on page 4 -5 of document Assessor's Property Tax Parcel /Account Number 3224014- 110 -2008 Project Name Utility Easement -Sewer EXC SEWER EASEMENT (LLC) 134 THIS INSTRUMENT made this 5 day of 2011, by and between FALCON VIEW PROPERTIES, LLC. (hereinafter "Gran r ") 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 SEWER EASEMENT (Individual) - Page 1 of 5 �• •b Z r~ p -n S SEE EXHIBIT "A" ATTACHED 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 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 / DATE 5�- �a / I Notary Acknowledgment Appears on Next Page) SEWER EASEMENT (Individual) - Page 2 of 5 c . . r IV .-1 • - n L h l ) STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On tlus day of , 2011, before me a Notary Public in and for the State of Washington, � perso lly appeared WWI LJOU k &Mj 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 heAj /they were authorized to execute said instrument -Notary Seal Must Appear Within Thar Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written ° `1 )nu181it" j FIERY''' " Q NOTARY PUBLIC, in and for'lho4ifate A R Y of Washington, residmg at 2a 2 : Z P, = My appointment expires SN . v �� , . 1.1 2 • :Oz 1 APPROVED AS TO FORM ROGER A LUBOVICH City Attorney SEWER EASEMENT (Individual) - Page 3 of 5 EXHIBIT "A" EASEMENT LEGAL DESCRIPTION FALCON VIEW PROPERTIES 3224014- 110 -2008 A 20 00 FOOT WIDE STRIP SITUATED WITHIN GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M, IN KITSAP COUNTY, WASHINGTON, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32, THENCE NORTH 88 WEST TO AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 2 A DISTANCE OF 1030 47 FEET TO THE POINT OF BEGINNING OF THIS CENTERLINE, THENCE SOUTH 0 0 14'48" WEST 97 25 FEET, THENCE SOUTH 17 °44'35" WEST 200 59 FEET, MORE OR LESS TO ITS INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND 10 00 FEET NORTH OF THE SOUTH LINE OF A PARCEL AS DESCRIBED IN A STATUTORY WARRANTY DEED RECORDED UNDER AUDITOR'S FILE NO 9701140186, THENCE NORTH 88 °17'27" WEST ALONG SAID LINE 168 72 FEET, MORE OR LESS TO THE EASTERLY RIGHT -OF -WAY OF THE STATE HIGHWAY AND THE POINT OF TERMINATION OF THIS CENTERLINE THE SIDELINES OF THIS EASEMENT SHALL BE LENGTHENED OR SHORTENED, AS THE CASE MAY REQUIRE, SO THAT THE NORTHERLY END TERMINATES AT THE NORTH LINE OF SAID GOVERNMENT LOT 2 AND THAT THE WESTERLY END TERMINATES AT THE EASTERLY RIGHT -OF -WAY LINE OF THE STATE HIGHWAY 6 -16 -2011 SEO SEWER EASEMENT (Individual) - Page 4 of 5 Govt Lot 2, Sec. 32, T. 24K, Rng. 1E, W. M GOVT LOT 1 N887727"W 1030 47' GOVT LOT 2 I 1 50 28 33 980 19 S ao , I I� �I 0 1 / o / Jo 20' Sewer Force / �` l �" Moln Easement ^ ` "1 J �� J Z o / l ei J 11188'F7'-3 - 7 W 168 72'- _ J O o ,�,,.......,•• + Z �..���N E 0 rj •., s o• w n 2079 ` (� U SCALE 1" 60' EASEMENT MAP DOI BY- CH BY FOR BJM SEO AES CONSULTANTS INC FALCON VIE DATE JOB Pa BOX 00 SUM" Wt 9M • (M)6924W PROPERTIES 6116111 5438 J&WhK hAhhMhN 1 (Individual) - Yage J oT