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HomeMy WebLinkAbout201109280001 JOHN TRACY 201109280001 Easement Reo Fee $ 69 00 09/28/2011 08 08 AM Page 1 of 8 Filed for Record at Request of: Walter Washington, Kitsap Co Auditor JOHN S. TRACY 111111111 IN When recorded return to THE LAW OFFICES OF JOHN S. TRACY 2011 E. 11 Street Bremerton, Washington 98310 EXCISE TAX EXEMPT SEP 2 % 2011 Grantor(s) CARMICHAEL THOMAS, as his separate property Grantee(s) BARGA, MARK and BARGA, DEBRA, husband and wife CARMICHAEL, THOMAS, as his separate property Legal Description (abbreviated) Easement for water service and utilities upon a t' portion of BLOCK 8, LOTS 9 and 22 PLAT OF TRACYTON, for the benefit of Parcels A, B, C and D Assessor Tax Parcel ID# 4472- 008 - 012 -0109 [Carmichael - Parcel A]; 4472 -009- 010 -0208 [Carmichael - Parcel B]; 4472- 008 - 009 -0203 [Carmichael- Parcel D];4472- 009 - 010 -0109 [Barga- Parcel C]; 4472- 008 - 022 -0008 [Carmichael - Parcel 22] REFERENCE NUMBER OF DOCUMENT Kitsap County Auditor's File No 200801030005 EASEMENT FOR INGRESS, EGRESS AND UTILITIES For and in consideration of no monetary consideration in hand paid, other than the benefits derived and to be derived by Grantor herein, and other good and valuable consideration, receiptwhereof is hereby acknowledged, Grantor THOMAS CARMICHAEL, hereby conveys and warrants to Grantees, MARK BARGA, DEBRA BARGA and THOMAS CARMICHAEL, their heirs, successors and assigns, a nonexclusive perpetual easement for ingress, egress and all underground water utilities for installation, maintenance, service, repair and operation with the right of surface entry over, under and through the following described real property situate in Kitsap County, Washington -1- The South 10 00 feet of Parcel D (Exhibit 4) and Parcel 22 (Exhibit 5) for the benefit of Parcels A, B, C and D, legally described as new Parcels A, B, C and D on the attached Exhibits 1 through 5 SUBJECT TO THE FOLLOWING 1 Grantees and their successors -in- interest shall have the right at all times to enter the premises described as Parcel D and Parcel 22 attached hereto for the purpose of inspecting, maintaining, improving, repairing, constructing, reconstructing, locating and relocating the underground water utility lines, including the right of surface entry, and the above - ground access surface area 2 The cost of any inspection, maintenance, repair, construction, reconstruction, location of the said access route and utility lines, improvements thereto, or relocation thereof shall be borne by the Grantees and their heirs, successors and assigns The said easement is to run with the land and be binding upon the heirs, successors and assigns of the Grantor, and the successors -in- interest to the burdened Parcels D and 22 and for the benefit of the Grantees, their heirs, successors -in interest of the benefitted Parcels A, B, C and D, and assigns, in perpetuity Consideration for this easement grant is no monetary consideration, but friendship Because there is no monetary consideration being given for the granting of the easement in question, this transaction is exempt from the payment of real estate excise tax under WAC 458 -61A- 111(1) IN WITNESS WHEREOF this easement is executed as of the Z6 day of Merh&bq 2011 Thomas armichael, Grantor -2- STATE OF WASHINGTON) ss County of Kitsap ) 11 On this Z. (7 day of SQ vZ, 2011, before me, the undersigned Notary Public for the State of Washington, personally appeared Thomas Carmichael, known to me to be the person described herein and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument WITNESS MY HAND AND OFFICIAL SEAL THIS ZL day of S4 VV 4 .,b t, , 2011 X • NpTAg y ' �_ w wwc"%M � — NOTARY UBLIC i nd for the s �.,. ,�0 State of a hington, residing at OP �WASY���`� My commi sion expires 3- l - -3- EXHIBIT 2 PARCEL B TRACYTON RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200801030005, BEING A RE- RECORDING OF AUDITOR'S FILE NO. 200711270073 RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH CORNER OF THE RESERVE IN BLOCK 9, PLAT OF TRACYTON AS PER PLAT RECORDED IN VOLUME 1 OF PLATS PAGE 13, RECORDS OF KITSAP COUNTY WASHINGTON; THENCE, ALONG THE SOUTH RIGHT OF WAY OF TRACY AVENUE AS SHOWN ON SAID PLAT, SOUTH 88 *51'28" EAST 71.00 FEET TO THE NORTHWEST CORNER OF PARCEL A OF SAID BOUNDARY LINE ADJUSTMENT; THENCE SOUTH ALONG THE WEST LINE OF SAID PARCEL A, SOUTH O1 *18'32" WEST 156.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE, NORTH 88 *51'42" WEST 121.70 FEET MORE OR LESS TO A POINT IN THE SOUTHEAST RIGHT OF WAY LINE OF KATHERINE STREET AS SHOWN ON SAID PLAT; THENCE ALONG SAID SOUTHEAST RIGHT OF WAY LINE, NORTH 19 *17'40" EAST 164.18 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. EXHIBIT 3 PARCEL C TRACYTON RESULTANT PARCEL C OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200801030005, BEING A RE- RECORDING OF AUDITOR'S FILE NO. 200711270073 RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK 9, PLAT OF TRACYTON AS PER PLAT RECORDED IN VOLUME 1 OF PLATS PAGE 13, RECORDS OF KITSAP COUNTY WASHINGTON; THENCE ALONG THE SOUTH LINE OF SAID LOT 10, SOUTH 88 *51'51" EAST 108.00 FEET MORE OR LESS TO THE CENTER LINE OF AGNES STREET AS SHOWN ON SAID PLAT AND VACATED PER RCW 36.87.090; THENCE NORTH ALONG SAID CENTERLINE, NORTH 01 * 18'25" EAST 84.00 FEET TO A POINT IN THE SOUTH LINE OF PARCEL B ABOVE; THENCE ALONG THE SOUTH LINE OF SAID PARCEL B, NORTH 88 *51'42" WEST 80.70 FEET MORE OR LESS TO A POINT IN THE SOUTHEAST RIGHT OF WAY LINE OF KATHERINE STREET; THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 19 *17'40" WEST 88.40 FEET MORE OR LESS TO THE POINT OF BEGINNING. 4 EXHIBIT I PARCEL A RESULTANT PARCEL AOF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200801030005, BEING A RE- RECORDING OF AUDITOR'S FILE NO. 200711270073 RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 15, BLOCK 8, PLAT OF TRACYTON AS PER PLAT RECORDED IN VOLUME 1 OF PLATS PAGE 13, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE, NORTH 88 *51'28" WEST 7.00 FEET; TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 88 *51'28" WEST 82.00 FEET; THENCE, SOUTH O1 *18'32" WEST 156.00 FEET; THENCE, SOUTH 88 *51'42" EAST 82.00 FEET; THENCE, NORTH O1 *1842" EAST 156.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. =r EXHIBIT 4 PARCEL D TRACYTON RESULTANT PARCEL D OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200801030005, BEING A RE- RECORDING OF AUDITOR'S FILE NO. 200711270073 RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 8, PLAT OF TRACYTON AS PER PLAT RECORDED IN VOLUME 1 OF PLATS PAGE 13, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE ALONG THE EAST LINE OF SAID LOT 9, NORTH 01 *18'43" EAST 103.00 FEET; THENCE, NORTH 88 *51'14" WEST 7.00 FEET; THENCE, NORTH O1 *18'42" EAST 21.00 FEET; THENCE NORTH 88 *51'42" WEST 123.00 FEET MORE OR LESS TO THE CENTER LINE OF AGNES STREET SHOWN ON SAID PLAT AND VACATED PER RCW 36.87.090; THENCE, SOUTH O1 *18'25" WEST 124.00 FEET ALONG SAID CENTER LINE TO A POINT IN THE SOUTH LINE OF SAID LOT 9; THENCE SOUTH 88 *51'56" EAST 130.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. EXHIBIT 5 PARCEL 22 LOT 22, BLOCK 8, PLAT OF TRACYTON AS PER PLAT RECORDED IN VOLUME 1 OF PLATS PAGE 13, RECORDS OF KITSAP COUNTY, WASHINGTON.