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Home My WebLink About201203260079 Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201203260079 Easement Rec Fee $ 67 00 03/26/2012 09 54 AM Page 1 of 6 Walter Washington, Kitsap Co Auditor AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Water Easement Reference Number(s) of Documents assigned or released N/A Grantor(s) 1 WinCo Foods LLC Additional names on page of document EXCISE TAX EXEMPT 14AR 2 2 20 Grantee(s) 1 The City of Bremerton Additional names on page of document Legal Description A portion of the NW '/a of the SE '/4 of Section 20 Township 24 N , Range IE, W M in (abbreviated) Kitsap County, WA D Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 5580 - 000 - 022 -0001 Project Name WinCo Foods WATER EASEMENT THIS INSTRUMENT made this /y � �day of March, 2012, by and between WinCo Foods, LLC, a Delaware limited liability company (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 WATER EASEMENT - Page 1 of 4 e + 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 structure, large 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 Prior to conducting work on Grantor's property, Grantee shall use commercially reasonable efforts to give Grantor prior written notice of such work, which notice shall include a written description of the specific work to be performed and the schedule for completion of such work, to WmCo Foods Store #105, Attn Manager and Assistant Manager, Telephone (360) 479 -0139, E -mail manager105nwincofoods com and asstm gr105 (a),wincofoods com Grantor and Grantee shall also use commercially reasonable efforts to coordinate scheduling of Grantee's work to minimize interference with the use of Grantor's property Notwithstanding the foregoing, if at any time Grantee determines that an emergency condition exists, Grantee may take immediate measures to remedy said emergency condition, provided, that, Grantee shall also take reasonable steps to immediately notify Grantor of such emergency condition and work required to remedy such emergency and the location and schedule for completion of such work, Grantee shall be solely responsible for operating, maintaining, repairing and replacing all municipal facilities located on Grantor's property Grantee shall defend, indemnify, and hold Grantor harmless from all claims, losses, liabilities, actions, proceedings, and costs (including reasonable attorneys' fees and costs of suit), including liens, and any accident, injury, loss, or damage whatsoever occurring to any person or to the property of any person ansing out of or resulting from any activities performed or authorized by this easement, provided, however, that the foregoing shall not extend to loss or damage directly caused by the negligence or willful act or omission of Grantor WATER EASEMENT - Page 2 of 4 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: WinCo Foods LLC By Its DATE i f Notary Acknowledgment Appears on Next Page) WATER EASEMENT - Page 3 of 4 STATE OF IDAHO ) ) ss COUNTY OF AD�A� ) On this lam' day o , 2012, before me a Notary Public in and for the State of Idaho, personally appeared to me known to be the 01A;�D of , a limited liability company 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 /she /they was /were authorized to execute said instrument -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have he unto se y d d fficial seal the day and year first above written C DOF •. 4 4 0 A R 1, � NOTARY PUBLIC, in d for the State •* dp of Idaho, residing at _�` f s& ,0 : My appointment expires I i Push' �a ##miss WATER EASEMENT - Page 4 of 4 EXHIBIT "A" 20' WIDE UTII,ITY EASEMENT DESCREMON THAT PORTION OF LOT 22 OF TIME PLAT OF BAY VISTA - PHASE 2. ACCORDING TO PLAT RECORDED IN VOLUME 33 OF PLATS AT PA43ES 74 THROUGH 90, IN KITSAP COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS COMMENCING AT TIM MOST SOUTHERLY CORNER OF SAID LOT 22: T14ENCE NORTH 53 ALONG THE NORTHWESTERLY MARGIN OF OSTRICH BAY DRIVE, A DISTANCE OF 18.53 FEET TO THE TRUE PODU OF BEGINNING, SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHEAST, THE RADIUS POINT OF WITCH BEARS NORTH 34°28'39' EAST, A DISTANCE OF 64.50 FEET, THENCE NORTHWBSTEBI.Y, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°1 1'29 ", AN ARC DISTANCE OF 19.35 FEET,113ENCE NORTH 37 0 07'05" WEST, A DISTANCE OF 73.16 FEET TO THE P C. OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 64.00 FEET, THENCE NORTHWESTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 °09' 17 ", AN ARC DISTANCE OF 24.75 FEET; Ti-mNCE NORTH 13 °45'07" WEST, A DISTANCE OF 217.63 FEET TO THE EASTERLY MARGIN OF ARSENAL WAY; THENCE NORTH 25 °46'33" EAST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 50.28 FEET; THENCE SOUTH 13 0 45'07" EAST, A DISTANCE OF 63.46 FEET, THENCE NORTH 26 EAST, A DISTANCE OF 84.02 FEET; THENCE NORTH 60°39'49" WEST, A DISTANCE OF 413 6 FEET TO SAID EASTERLY MARGIN OF ARSENAL WAY, THENCE NORTH 25 °46'33" EAST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 20.04 FEET; THENCE SOUTH 60 EAST, A DISTANCE OF 41.58 FEET; THENCE NORTH 26 °23'11 - EAST, A DISTANCE OF 87.21 FEET; THENCE SOUTH 64 0 00'00" EAST, A DISTANCE OF 387 05 FEET, THENCE SOUTH 26 0 00'00" WEST, A DISTANCE OF 20.00 FEET, THENCE NORTH 64°00'00" WEST, A DISTANCE OF 36719 FEET; THENCE SOUTH 26 °23'11" WEST, A DISTANCE OF 167.85 FEET, THENCE SOUTH 03 ° 53'11" WEST, A DISTANCES OF 58.00 FEET; THENCE SOUTH 13 °45'07" EAST, A DISTANCE OF 127.49 FEET TO THE P C. OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 32.00 FEET; THENCE SOUTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21-3 9 l ", AN ARC DISTANCE OF 12.09 FEET; THENCE SOUTH 37 °07'05" EAST, ADISTANCE OF 72 37 FEET TO A NON TANGENT CURVE CONCAVE TO THE NORTHEAST, THE RADIUS POINT OF WHICH BEARS NORTH 51 0 10'24" EAST, A DISTANCE OF 32 50 FEET; THENCE SOUTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38 - 38'16 - , AN ARC DISTANCE OI; 2192 FEET TO SAID NORTHWESTERLY MARGIN OF OSTRICH BAY DRIVE; THENCE SOUT1153 °56'46" WEST, ALONG SAID MARGIN, A DISTANCE OF 36 44 FEET TO THE TRUE POINT OF BEGIIVNING; 1N THE CITY OF BRMV9.ERTON. KITSAP COUNTY. WASHINGTON. EXHIBIT A -1 2f7' WIDE UTILITY EASEMENT EXHIMT LINE TABLE LINE BEARING DISTANCE / L 1 N53 56'46 "E 1853 / \1 L2 N3707'05 "W 7316 L3 S03'53'1I "W 5800 L4 N254633 "E 5028 L5 S13'45'07'E 6346 1.6 N26'23'11 "C 8 / L7 N6039'49 "W 4136 / �$v L8 N254633 "E 20.04 a / tiJ L9 S6039'49 "E 4158 1.10 S2600'00 "W 2000 L11 S3707'05 "E 7237 L12 1 S53 56'46 "W 3644 LOT 22 °, kk 1 V / CURVE TABLE d CURVE DELTA RADIUS LENGTH z Cl 17 "11'29" 6450 1935 C2 22 09'17" 64 00 2475 C3 2139'11" 3200 1209 LJ %cS �w C4 3838'16" 3250 2192 �v.� - 7 OF: fGiNNING% � � Zo f 2 SCALE I"=100' 0 50' 100' 200' EXHIBIT A -2