HomeMy WebLinkAbout201803210111Return Address: City Clerk
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, WA 98337
CITY OF BREMERTON 201803210111
Easement Rec Fee $ 79.00
03/2112018 10 59 AM Page- 1 of 6
Doifit es CiImare- Ki.tsaP Co Auditor
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Stormwater (Combined Sewer) Easement
Reference Number(s) of Documents assigned or released: N/A
Grantor(s): Bremerton MC Properties, LLC
❑ Additional names on page of document.
Grantee(s): 1. The City of Bremerton
Additional names on page of document.
Legal Description: A portion of the NW '/4 of the SE '/4 pf Section 15 Township 24 N., Range 1E, W.M. in
(abbreviated) Kitsap County, WA.
Additional legal is on page 5 of document.
Assessor's Property Tax Parcel/Account Number: 152401-4-023-2005
Project Name: Utility Easement — Combined Storm Sewer
STORMWATER (Combined Sewer) EASEMENT
THIS INSTRUMENT made this nk- day of January, 2018, by and between
BREMERTON MC PROPERTIES, 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 Stormwater (combined 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 - Page 1 of 6
EXCISE TAX EXEMPT MAR 2 0 2018
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 after the date of this easement place any cement, concrete,
structure, trees, large shrubs or any other objects on the surface of this easement or the
immediately adjacent incidental areas in a manner that would interfere with Grantee's use
of the easement. Grantor and Grantee agree that the landscaping and walkway in existence
as of the date of this easement does not 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:
By: zi �,C�
Its: , LI::v
DATE: &
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(Notary Acknowledgment Appears on Next Page)
SEWER EASEMENT - Page 2 of 6
STATE OF OREGON )
) ss.
COUNTY OF WASHINGTON )
On this day of January, 2018, before me a Notary Public in and for the State
of Washington, personally appeared Gary Wart to me known to be the CEO of Bremerton
MC Properties, LLC, a Washington limited liability company that executed the foregoing
instrument, and acknowledged it to be the free and voluntary act and deed of the limited
liability company„ for the uses and purposes mentioned in this instrument, and on oath stated
that he/she/they were authorized to execute said instrument.
-jVotary Sea! Must Appear Within This Box -
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOT PUBLIC, in and for the State /�
of A , residing at �l
p'vMy appointment expires��h
OFFICIAL STAMP
TOSHA LEEANN FERRANDO
" NOTARY PUBLIC -OREGON
COMMISSION NO. 932602
MY COMMISSION EXPIRES OCTOBER 05, 2018
GRANTEE CITY OF BREMERTON:
BY: Gr Wheeler, Mayor
DATE: 31-1 1 Zo t a
APPROVED AS TO FORM:
ROGER AZLL130V CH
City Attoey
STORMWATER EASEMENT (Limited Liability Company) - Page 3 of 6
EXHIBIT "A"
1 hat portion of the west half of the northwest quarter of the southeast quarter of Section 15,
Township 24 North, Range 1 East, W.M. in Kitsap County Washington, being a 15 foot wide
strip of land, having 7.50 feet on each side of the following described centerline:
Commencing at the southwest corner of said subdivision; thence South 88°58'27" East along the
south line of said subdivision 37.98 feet; thence North 6°29'18" West 20.10 feet to the Point of
Beginning; thence North 6°29'18" West 176.06 feet; thence North 2136'32" East 104.70 feet;
thence North 2°20'00" West 87.21 feet; thence North 3°45'51" East 115.03 feet; thence North
77°20'31 " East 95.87 feet and the terminus of this line. The sidelines of this easement shall be
lengthened or shortened, as the case may require, so they begin at the south line of the subject
property, and terminate at the North or East line of subject property.
STORMWATER EASEMENT (Limited Liability Company) — Page 4 of 6
EXHIBIT `B"
Parcel #: 152401-4-023-2005
3510 9TH ST
BREMERTON, WA 98312
PARCEL I: RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITORS
FILE NO. 3161555, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION; THENCE NORTH ALONG THE WEST LINE OF SAID SUBDIVISION 187 FEET, MORE OR LESS, TO
THE SOUTH LINE OF 11TH STREET; THENCE EAST ALONG THE SOUTH LINE OF 11TH STREET 180 FEET;
THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID SUBDIVISION 187 FEET MORE OR LESS,
TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE WEST ALONG THE SOUTH LINE THEREOF 180
FEET TO THE POINT OF BEGINNING; ALSO THAT PORTION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 15, BLOCK C
OF OYSTER BAY ADDITION, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 63, RECORDS OF
KITSAP COUNTY, WASHINGTON, THENCE NORTH 01 * 1726" WEST ALONG THE EAST LINE OF SAID PLAT
165.12 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTH HALF OF SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89* 49,30"
EAST 128.81 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST ONE ACRE OF THE SOUTH HALF OF
SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, THENCE
SOUTH 01 * 1726" EAST ALONG SAID EAST LINE 163.99 FEET MORE OR LESS, TO A POINT WHICH IS
SOUTH 89* 19'16" EAST OF THE POINT OF BEGINNING; THENCE NORTH 89* 19'16" WEST 128.81 FEET TO
THE POINT OF BEGINNING; TOGETHER WITH THE FOLLOWING: A PORTION OF THE EAST 1 ACRE OF
THE WEST 2 ACRES OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER THEREOF; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88*48'55" EAST 32.00 FEET;
THENCE PARALLEL WITH THE WEST LINE THEREOF SOUTH 01*20'59" WEST 125.00 FEET; THENCE
NORTH 88* 39'01" WEST 21.00 FEET; THENCE SOUTH 01 *20'59" WEST 15.00 FEET; THENCE NORTH
88*39'01" WEST 11.00 FEET TO A POINT ON THE WEST LINE THEREOF; THENCE ALONG LAST SAID LINE
NORTH 01 *20'59" EAST 139.91 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT
FOR, PARKING FACILITIES OVER THE NORTH 35 FEET OF THE EAST I ACRE OF THE WEST 2 ACRES OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 15, TOWNSHIP 24 NORTH, RANGE I EAST, W.M.; EXCEPT THE WEST 32 FEET
THEREOF. >>> PARCEL II: RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED
UNDER AUDITOR'S FILE NO. 200605250311, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS: THE WEST 1 ACRE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 15, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 20 FEET; AND EXCEPT THE
FOLLOWING DESCRIBED TRACT: BEGINNING AT THE SOUTHEAST CORNER OF LOT 15, BLOCK C, PLAT
OF OYSTER BAY ADDITION; THENCE NORTH ALONG THE EAST LINE OF PLAT 165 FEET, MORE OR
LESS, TO THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST 128 FEET, MORE OR LESS, TO THE EAST LINE
OF SAID WEST 1 ACRE; THENCE SOUTH TO A POINT EAST OF THE POINT OF BEGINNING; THENCE WEST
128 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; TOGETHER WITH THE NORTH 10 FEET OF
VACATED 9TH STREET WHICH UPON VACATION ATTACHED BY OPERATION OF LAW; ALSO TOGETHER
WITH THAT PORTION OF LOTS 18,19 AND 20, BLOCK C, OYSTER BAY ADDITION TO PORT ORCHARD
NAVY YARD, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 63, RECORDS OF KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID
LOT 20; THENCE NORTH 89* 13'35" WEST ALONG THE SOUTH LINE THEREOF 40.91 FEET; THENCE NORTH
0*50'14" EAST 71.44 FEET; THENCE SOUTH 89*04'02" EAST 41.55 FEET TO THE EAST LINE OF SAID LOT 18;
THENCE SOUTH 1 *21'13" WEST ALONG SAID LINE AND THE EAST LINE OF LOTS 19 AND 20 A DISTANCE
OF 71.33 FEET TO THE POINT OF BEGINNING.
STORMWATER EASEMENT - Page 5 of 6
Center of Section 15;
Township 24 North,
Range 1 East.
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STORMWATER EASEMENT - Page 6 of 6
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