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Home My WebLink About201906280381 CITY OF BREMERTON 201906280381 Easement Rec Fee: $ 103.00 06/28/2019 04:15 PM Page 1 of 5 Paul Andrews, Kitsap Co Auditor Return Address: City Clerk City of Bremerton 345 Sixth Street,Suite 600 Bremerton,WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Water Easement Reference Number(s)of Documents assigned or released: N/A Grantor(s): 1. Oyster Bay Bremerton LLC x Additional names on page 2 of document. Grantee(s): 1. The City of Bremerton x Additional names on page 3 of document. Legal Description: A portion of the SW 1/4,of the SW'/4 Gov.Lot 1,Sec 15.,TWN 24 N,R 1 E,W.M.in (abbreviated) Kitsap County,Washington. x Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 152401-3-195-2009 Project Name: Water Main Extension/Loop WATER EASEMENT (Limited Liabilit Company) 22,, THIS INSTRUMENT made this 13 Nay of rJ b _ , 2019, by and between Oyster Bay Bremerton LLC (hereinafter "Grantor") and the CITY OE 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 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: SEE EXHIBIT "A" ATTACHED WATER EASEMENT(Limited Liability Company)-Page 1 of 5 EXCISE TAX EXEMPT JUN 2 8 2019 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. Grantor may install fencing,paving and/or signage in the easement area. However, the Grantor shall not erect buildings or other structures on or over the easement without Grantee's prior written consent. Any fencing, paving, and/or signage that interferes with the installation or maintenance of the utilities shall be removed at Grantor's expense. In the event the location of the easement area reasonably interferes with the future use of the Grantor's property, Grantor may elect, at Grantor's sole expense, to relocate, protect or modify the utility lines, and related improvements, if such relocation, protection or modification does not unreasonably interfere with water service to properties benefited by this easement. In the event Grantor elects to relocate or otherwise change the easement area, Grantor shall amend this agreement with respect to the easement area. Prior to any easement amendment, construction, alteration, replacement or removal of the utilities on Grantor's property, Grantor agrees to provide Grantee with written notice and copies of the proposed amendment and any plans or drawings of the work to be performed, and no such amendment shall be recorded or work commenced without Grantee's approval, which approval shall not be unreasonably withheld, conditioned or delayed. 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. WATER EASEMENT(Limited Liability Company)-Page 2 of 5 GRANTOR: Oyster Bay Bremerton LLC BY: "i„, ! AA_ lzgr DATE: RhIiJ il ► I STATE OF WASHINGTON ) ss. COUNTY OF Af Y I k- t-Q-----j On this day of V.4\.Q , 2019, before me a Notary Public in and for the State of Washington, personally appeared 2(- 40 VG1�1��-t to me known to be the�I`.Ga ins ,(\ d�Q.�M� f e_ of o c, (ew\QC i L.( a _ limited' liability company that executed the foregoi �C.. ng 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 was/were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first ab ��n;‘.‘� , JJ,,``�i GG �lvvll \ • v _ t“. NOTARY PUBLIC,in and for the State of Washington,residing at (D s (}•No-- • N�1 �,, 4°8°C. My appointment expires `D- 8-91,0 .1141"x"\\% /lO '��, F WAS"' APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney WATER EASEMENT(Limited Liability Company)-Page 3 of 5 EXHIBIT"A" Legal Description and Map: Parcel #: 152401-3-195-2009 LOT A, CITY OF BREMERTON BINDING SITE PLAN NO. B-343, RECORDED UNDER AUDITOR'S FILE NO. 201809110139, IN VOLUME 23 OF BINDING SITE PLANS, PAGE 144, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH AND SUBJECT TO EASEMENTS AS DEPICTED ON SAID BINDING SITE PLAN. A WATER EASEMENT 15.00 FEET IN WIDTH LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE SOUTHWEST CORNER OF LOT 'A' OF SAID BINDING SITE PLAN; THENCE NORTH 01°04'56" EAST ALONG THE WEST LINE OF SAID LOT 'A', 159.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°13'09" EAST, 157.67 FEET, MORE OR LESS, TO AN ANGLE POINT IN THE CENTERLINE OF AN EXISTING WATER EASEMENT. A WATER EASEMENT UPON AND UNDER THE ABOVE DESCRIBED PROPERTY AND AS DEPICTED ON SAID BINDING SITE PLAN. EXCEPT ANY PORTION OF THE ABOVE DESCRIBED EASEMENT LYING WITHIN THE EXISTING EASEMENT AS DEPICTED ON SAID BINDING SITE PLAN. WATER EASEMENT(Limited Liability Company) -Page 4 of 5 • EXHIBIT"A" • CONTINUED KITSAP WAY ' ......'."-- • ....... AFN 8804280147 FOR SON 3455-�—ffi . ss SS R R._.--% 55 'SS .L' R- SS .... SS i� S5-•�.•-�9�'a_-5 „iii �,e.eRKUKI_.__11 s.,-`r �.�m.e_.af �•.K 7,.- 7r. gym;. =.7-0s¢.t �' ,4, 4.._,_�+ r.» 3D- r� —DN—cw— F off- �..� A ' .41 — al _ i -FOLD PARCEL 5 194 W, -8 178.0!' CONC.CURB ' ' .,� e"'1► "_ 952 ° : ° INTRUDES INTO N 8856550 F ' y ° O \�, CONC.PADS RIGHT or WAY SS00' 7 ° I UNKHOWTI ROCK WNL I 4� yMin t1.0. INTRUDES A.710S5 ..a W1 PROPERTY UNE + PATCH �. +1//;,. �fV '4 , I a P 6 ; UIL IN BDING Vii. Pa 4 P `� EXERHANC e I� 1, 1 1 , EXTENDS' Or WALK, .. ii 1 in q II �O� � 1 10'WIDE CONC. J - • 11711111N-Ni' '�, ` 1 WNL WITH A7' j'• CHNN UNK FENCE I - •Of 1 P P P l , - _ ON PROPERTY UNE I 'I P'" 1 rte • s i I Illllinilll lll(IfAA I IS. �`/ "" b 1 :1 ��plw :Ill�i101 1 I NEw LW As M' .I° Itl.. .,plt.., �IIVp@ Ilm. 88'33'4'"- Ir 35-- ss--ffi�_ffi SS 64l � ft i M9P1Mt.T— 'F `f` I W MIen7 ,t •:-Pit 1 t . Iz CONC.WNL r _...' i'•- IWITH 8n LLAROS ce11 t ! 1 L4 SOLOING EDCOLUMNS DRAG LOT'A' 6TH ST. w • EXISTING EX.15' WATER MAIN£ASEMEN792.1 WI 4L I BUILDING Z - i iii I .. a4 I 1 , •1 ' • I 7_ x 1 _ I —�7 4 Jje ' �s eae p -t 4:t I y / 1 y10'WIDE CONC ? s' WATER WALL I ,CHAIN LNENCE + EASEMENT / sizzp SLOPE 7D TDP OF Ot4f1..% 1 W w AAv a LSIR I A a cnPEaW SECR( C FfE VAI STONE MO UINNT S CE. PER SURVEY 48/110 Z ... 1 A 5 8837 E 422.71' q WATER EASEMENT(Limited Liability Company)-Page 5 of 5