HomeMy WebLinkAboutO'HEIR, JOHN 1
r ,
Return Address:
Pacific Northwest Title
2021 NW Myhre Road, #300
Silverdale, WA 98383
RE: Escrow #31065074
Title #32138147 pp� IFI NW TITLE 201305010088
Permit Rec Fee $ 76 00 page 1 of 5
05101/20 02 17 PM
Walter I IIII I IIIIII IIII II IIIi llll lllll lllll 111 llll 111 11 111 lllll 111 IN
Document Title(s) (for transactions contained therein):
1. Minard Road Use Permit
2.
3.
4.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s)
1. City of Bremerton, a Washington Municipal Corporation
2.
3.
4.
Additional Names on page of document.
Grantee(s)
1. John O'Heir and Mary O'Heir
2.
3.
4.
Additional Names on page of document.
Legal Description (abbreviated i.e. lot, block, plat or section, township, range)
Resultant Parcel B of Boundary Line Adjustment, AFN 201111020109, Ptn SW /SW, Section
34, Township 24 North, Range 1 West
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
342401 -3- 006 -1007
The Auditor/Recorder will rely on information provided on the form. The staff will not read
the document to verify the accuracy or completeness of the indexing information provided
herein.
EXCISE TUC EXEMPT MAY 0 12013 - - - - - -- - - -
i
a
Minard Road Use Permit
This Road Use Permit (hereafter "Permit") is made as of this -S?AAJ day
of A ril , 201 3by the City of Bremerton ("City "), a Washington Municipal Corporation,
and John O'Heir and * , a Property owner (hereafter "Permitee') identified on
Exhibit A, attached hereto and incorporated herein, with respect to real property located
on Minard Road, in Kdsap County, Washington, as further defined herein.
*Ma=y O'Heir, Husband and Wife
WHEREAS, Minard Road, for purposes of this Permit, is a Road on the City's water
shed property in Kdsap County, Washington;
WHEREAS, the Permitee prefers to ingress and egress over the Road, which fronts the
Permitees' properties rather than construct the actual easement road for the property,
NOW THEREFORE, in consideration of the neighborly relations, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereby agree to the following.
1 Property This Permit shall apply to the Road and driveway access to the
Permitee's Property located on the City property. Hereinafter referenced as
"Road"
2 Purpose of Agreement The purpose of this Permit is to allow access over and
upon the existing Road by the adjacent property owner.
3 Maintenance. Maintenance of the Road shall be by the Property Owners
Maintenance on the City property will be limited to the repair of potholes,
placement of additional road coarse and grading. Activities not permitted on the
City property will be any nature of work altering drainage courses, placement of
culverts or that which physically alters the current Road condition and
boundaries
4 tndemniflcadon Each Property Owner shall indemnify and hold the City
harmless from and against all common law or statutory liabilities, damages,
obligations, losses, claims, civil actions, costs or expenses, including attorneys'
fees, arising from any act, omission or negligence of the Property Owner or Its,
contractors, licensees, agents, guests or invitees on or about the Road, or arising
from any injury or damage to any person or property, including the Road,
occurring on or about the Road as a result of any act, omission or negligence of
the Property Owner, or its contractors, licensees, agents, guests, or invitees, or
arising from any breach or default under this Agreement by the Property Owner.
5 Effective Term This permit shall be exclusive to the Property Owner and non-
transferable to any future owner of the property and grants no interest in any
successors or assigns of the Permitee. The City may, with ninety (90) days
notice cancel the permit and deny access to the Property Owner use of the
Road. This permit does not convey or grant any interest in real property to the
Permitee.
6. Recording and Filing. A copy of this Permit shall be kept with the City of
Bremerton's Property Management Office
7. Severablilty. Invalidation of any one provision of this Agreement by competent
authority shall in no way affect any other provision, which shall remain in full
force and effect.
Alinaid Road Permit
Norrniber 30.2010
Page 1 of 4
In witness whereof. the undersigned have executed this Agreement as of the date first
above written:
Mhurd Road Permit
Patty Lent, Date
Approved for Cih► Attomay
SIATt OF WASHINGTON )
COUNTY OF KtTSAP ) )SL
ao\3
On tbls ►d ay of ,_, belbre trte a Notary PuWie N
and for the State of Washington, peso ally appeated Patin Leaf, to me kngwn to be the Mayor for
thtr City of Bra=on that executed the famgoing instrument, and acfatovrledWd it to be the fmc
and voluntary act. for the ums and purposes mentioned in this instrument, and an oath stated that
they are authorized to execute said instrument.
1N Wl7N F. i have beneunto set my hand and 6111clyd sed ft-day and year
first above WA M
rA .. ti
V
. 00. p � •p � . p�. /`
- �O * Ry % z
PUBLIC NOT W PUBLIC, in and for the We
1p •. 9 15 ,1b; of Washington, residing at
60 My appointment expires lANVS
W
Mbrr�1 Road Par�lr
November 3A 2010
Page?af4
i ! I
i hereeby gr a to terms of this permit. 41.
By. Date:
Print Name: Jan O' and MW O' Heir
Property Owner(s) of Parcel No. (s):
342401 -3- 006 -1007
STATE OF -- Z )
) ss.
COUNTY OF )
d
On this 2a of V _ , 2013 , before me a Notary
Public in and for he State of =�t1d. Wno` personally appeared
�'c %% Q tYa � O A l to me known to be the individual that
executed the foregoing instrument, and acknowledged it to be the Gee and voluntary act,
for the rues and purposes mentioned in this instrument, and on oath stated that they are
authorized to execute grid instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and otTciai seal the day and year
lirst above written.
` ,o0011 11 H,/l f ji
• ' 0 1 9MIS3j0••. • , f, o
NOTARY PUBLIC, in and for the State
9 of T.vA. reaidinb at L,D. Ax
•
v / My appointment expires jo -a-1 `I
I . .... .. .. RNO4Q
blmurd Ruud Permit
November 30. 2010
Page 3 ojd
APPENDIX A
Legal Descripdon of Property served by Minard Road Permit
Parcel I:
Resultant Parcel B of Boundary Line Adjustment recorded under Auditor's File No.
201111020109, described as follows:
The East half of the Southwest quarter of the Southwest quarter of the Southwest quarter,
Section 34, Township 24 North, Range 1 West, W.M., in Kitsap County, Washington;
Except the West 42 feet thereof.
Parcel H:
An easement for ingress, egress and utilities over, under and across a strip of land 60 feet in
width being 30 feet on each side of a centerline described as follows:
Beginning at the Northwest corner of the East half of the Northwest quarter of the Southwest
quarter of the Southwest quarter, Section 34, Township 24 North, Range 1 West, W.M., in
Kitsap County, Washington; thence South along the West line of said subdivision to the
Southwest corner thereof; thence East along the South line of said subdivision to the
Southeast corner thereof and the terminus of said line, at the terminus thereof being a cul -de-
sac with a radius of 50 feet;
Together with an easement for ingress, egress and utilities as recorded under Auditor's File
No. 8104290019.
Mlnard Road Permit
November 30, 2010
Page 4 of