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HomeMy WebLinkAbout201804030056Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 100 Bremerton, WA 98337 CITY OF BREMERTON 201804030056 Easement Rec Fee: $ 82.00 04/03/2018 09:28 AM Page: 1 of 9 Dolores Gilmore, 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): WHEATON WAY APARTMENTS LLC u Additional names on page of document. Grantee(s): 1. The City of Bremerton Additional names on page of document. Legal Description: RESULTANT PARCEL OF DECLARATION OF AGGREGATION RECORDED (abbreviated) UNDER AUDITOR'S FILE NO. 201610280172, BEING DESCRIBED AS FOLLOWS: RESULTANT PARCELS B, C AND D OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 201603300214, RECORDS OF KITSAP COUNTY, WASHINGTON, Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 0224011-103-2009 Project Name: Utilitv Easement -Water UTILITY EASEMENT THIS INSTRUMENT made this 21 st day of February, 2018, by and between Wheaton Way Apartments LLC. (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, WATER EASEMENT (Corporate) - Page 1 of 9 EXCISE TAX EXEMPT MAR 2 9 over, through, across and upon the following described property situated in Kitsap County, Washington, more particularly described as follows: PROPERTY DESCRIPTION SEE EXHIBIT "A" EASEMENT AREA DESCRIPTION SEE 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, 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. GRAN16 q1 DATE: -j " i — i WATER EASEMENT (Corporate) - Page 2 of 9 Notary Acknowledgment Appears on Next Page) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this 43(� day of , 2018, before me a Notary Public in and for the State of Washington, pe sonally appeared D. tom own to be the of Ut— a 'fft�, co or on at executed the foregoing ins nt, and acknowledged kt 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, 1 have hereunto set my hand and official seal the day and year first above written. NO ARY PUBLIC, in and for tOe State Washington, residing at Notary {'�?hlic y appointment expires p Stale olf �'hlilgton BONNIE HAGEN MY COMMt: JN _XPIRES AuQLIS' 2, 2020 APPROVED AS TO FORM: 2 � ROGER A. L VICH City Attorney WATER EASEMENT (Corporate) - Page 3 of 9 EXHIBIT "A" 02241 E RESULTANT PARCEL OF DECLARATION OF AGGREGATION RECORDED UNDER AUDITOR'S FILE NO. 201610280172, BEING DESCRIBED AS FOLLOWS: RESULTANT PARCELS B, C AND D OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 201603300214, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. WATER EASEMENT (Corporate) - Page 4 of 9 EXHIBIT "B" WATERLINE EASEMENT EXHIBIT Wheaton Way Apartment Project Portions of the SE 1/4 of the NE 1/4 of Section 2, T 24 N, R 1 E, W.M. Kitsap County, Washington (POINT "M PHASE III WHEATON WAY APARTMENT PROJECT Gc�,V� 4� CC - (POINT K'). (POINT (POINT '0') 0 [- (POINT 'B' POINT OF ,(POINT 'L') = CD \(POINT 'J')�G4,tiG Q '(POINT 'H' (POINT (POINT 'E') yg ltsc ;POINT 'C') =10 TRUE POINT OF PHASE II WHEATON WAY APARTMENT PROJECT PHASE I A L=J N.L.01son & Associates, Inc. Engineering, Planning and Surveying 2453 Bethel Avenue, P.O. Box 637, Port Orchard; WA 98366 WATER EASEMENT (Corporate) - Page 5 of 9 'R') T "S") Im— SCALE: 1" = 120" WAY 2- lA- i 8 #9316 THENCE NORTH 03°27'02" EAST, 18.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'Q'; THENCE NORTH 03°27'02" EAST, 37.13 FEET; THENCE NORTH 38°18'09" EAST, 139.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'R'; THENCE NORTH 38°18'09" EAST, 40.26 FEET; THENCE SOUTH 88°32'48" EAST, 29.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'S'; THENCE SOUTH 88°32'48" EAST, 11.29 FEET MORE OR LESS TO THE EAST BOUNDARY LINE OF PARCEL E PER BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER 201603300214, RECORDS OF KITSAP COUNTY, WASHINGTON AND BEING THE TERMINUS OF SAID CENTERLINE DESCRIPTION. TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'A'; THENCE SOUTH 88°04'04" EAST, 13.68 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'B'; THENCE NORTH 01°49'25" EAST, 49.09 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'C'; THENCE NORTH 02°04'07" EAST, 24.91 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT'D'; THENCE SOUTH 00°22'42" WEST, 35.24 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'E'; THENCE NORTH 00°43'52" EAST, 49.35 FEET TO THE TERMINUS OF SAID 15.00 FOOT W►DE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT'F'; THENCE SOUTH 01°10'46" WEST, 33.38 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. WATER EASEMENT (Corporate) - Page 7 of 9 ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'G'; THENCE SOUTH 00°00'30" EAST, 6.79 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'H'; THENCE NORTH 00°52'31" EAST, 49.70 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT T; THENCE SOUTH 01°08'36" WEST, 33.07 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'J'; THENCE NORTH 00°29'04" WEST, 49.75 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SIDE POINT 'K'; THENCE SOUTH 05°25'48" WEST, 9.34 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'L'; THENCE SOUTH 02°08'23" WEST, 34.84 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'M'; THENCE SOUTH 03°27'02" WEST, 5.76 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'N'; THENCE SOUTH 03°27'2" WEST, 110.73 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'N'; THENCE NORTH 86`43'26" WEST, 16.61 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. WATER EASEMENT (Corporate) - Page 8 of 9 ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'O'; THENCE SOUTH 84°55'47" EAST, 6.36 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'P'; THENCE SOUTH 85°34'55" EAST, 67.04 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'Q'; THENCE NORTH 87°06'43" WEST, 16.67 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT 'R'; THENCE NORTH 53°39'05" WEST, 18.96 FEET; THENCE NORTH 07°33'32" WEST, 44.39 FEET TO THE TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. ALSO TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT'S'; THENCE SOUTH 00°12'49" EAST, 19.11 FEET TO THE TERMINUS OF SAID 15.00 FOOT WADE EASEMENT. r o alma �crstERg J4 ANAL Ul'' S 1 A- \8 JAMES C DEMPSEY, P.L.S. WASHINGTON STATE REGISTRATION NO. 41078 \ZERVERZhared FoldersWLO Survey\Projects�9316 Steding - Wheaton Wayklwg\9316 WATERLINE EASEMENT DESCRIPTION.doc WATER EASEMENT (Corporate) - Page 9 of 9