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HomeMy WebLinkAbout202404220185 Return Address: City Clerk CITY'Y OF BREMERTON 202404220185 City of Bremerton Easement Rao Fee: $ So8.EC) page. 1 of 5 239 Fourth Street 04 i 22'7_024 0 48 PM Bremerton,WA 98337 Paul ,nndrows; Kitsap Co Auditor AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Easement Agreement Reference Number(s)of Documents assigned or released: N/A Grantor(s): 1. MERIDIAN TERRACE,LLC,a Washington limited liability company Additional Grantor Grantee(s): 1. CITY OF BREMERTON,a municipal corporation Legal Description: Northwest quarter of the Southwest quarter of Section 35,T.24N.,R1W.,W.M.,Kitsap (abbreviated) County,Washington Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: 352401-3-030-1006,352401-3-009-1003, 352401-3-010-1000 Project Name: EASEMENT AGREEMENT This easement agreement is between the MERIDIAN TERRACE, LLC, a Washington limited liability company ("Grantor"), and CITY OF BREMERTON, a municipal corporation ("Grantee"). Grantor owns real property located in Bremerton, Washington and identified by Kitsap County Tax Parcel No. 352401-3-010-1000 which is legally described as: The West three-quarters of the Northwest one-quarter of the Southwest one- quarter, Section 35, Township 24 North, Range 1 West, W.M., in Kitsap County, Washington, lying Southerly of the Southerly line of the 20-foot strip of land conveyed to the City of Bremerton under Auditor's File No. 841026. (the "Meridian Parcel"). EXCISE TAX EXEMPT APR 2 2 2024 Grantee owns real property located in Bremerton, Washington and identified by Kitsap County Tax Parcel Nos. 352401-3-030-1006 and 352401-3-009-1003 (collectively, the "City's Parcels"). Legal descriptions of the City's Parcels are as follows: Kitsap County Tax Parcel No: 352401-3-030-1006 A STRIP OF LAND TWENTY (20) FEET WIDE BEING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M.: THENCE SOUTH 746.47 FEET ALONG THE WEST LINE OF SECTION 35 TO THE CENTERLINE OF THE EXISTING ROADWAY AND THE TRUE POINT OF BEGINNING, THENCE NORTH 89° 35' 30" EAST 600.90 FEET; THENCE SOUTH 86°40'00" EAST 393.36 FEET MORE OR LESS TO THE EAST LINE OF THE WEST 30 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M. Kitsap County Tax Parcel No: 352401-3-009-1003 THAT PORTION OF THE WEST THREE QUARTERS OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 WEST, LYING SOUTHERLY OF COUNTY ROAD NO 184, AND NORTHERLY OF THE NORTHERLY LINE OF 20-FOOT STRIP OF LAND CONVEYED TO CITY OF BREMERTON UNDER AUDITOR'S FILE NO. 841026 SITUATE IN KITSAP COUNTY, WASHINGTON. The parties agree as follows: 1. Grant of Access and Utility Easement. Grantor hereby grants and assigns to Grantee a perpetual right, permit, license and easement for the purpose of ingress and egress and to maintain and repair the City's culvert, gate, and retaining walls, and for utilities over, under, across and upon the real property described in Exhibit A (the "Easement Area"). 2. Covenants Running with the Land. The easement and the obligations and restrictions hereby imposed and the agreements contained herein shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns, including without limitation, subsequent owners of the Meridian Parcels and the City Parcels and all persons or entities claiming through and/or under them. 3. Counterparts. This agreement may be executed in counterparts, each of which will be deemed to be an original, but all of which, taken together, will constitute one and the same agreement. Execution by facsimile, by scanned attachments, or by electronic signature has the same force and effect as an original. 4. Modification. No amendment of this agreement will be effective unless it is in writing and signed by the parties. 5. Governing Law; Attorney's Fees. This agreement and all claims or cause of action arising out of, or relating to this agreement will be governed by and construed in accordance with the laws of the State of Washington without regard to the chosen jurisdiction's choice-of-law principles. If any dispute arises concerning this agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs. GRANTOR: MERIDIAN TERRACE, LLC fie,/ Date: fir, ) , 2024 By: D vid J. L'to itz Manager GRANTEE: CITY OF BREMERTON Date: 4) t % 124 , 202/ By: Gr eeler Mayo STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that -son) is the person who appeared before me, and said person acknowledge that (he/she) signed the instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the (type of authority, e.g., officer, trustee, etc.) of(n ent was executed) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. VI, me. ,>,c_ �(VL C✓h� � Terv.q.ce U- C GIVEN under my hand and official seal this 3 ray o , 20 NOTAR LIC in r the r3m=a2N BALLOU State of Was ington Notary Public Residing at: State of Washington My Commission Expires: 1 ..j 3-0I z L Commission Number 203867 My Commission Expires 12/30/2026 STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) & 1,Jheeae.r I certify that I know or have satisfactory evidence that (nam�f person) is the person who appeared before me, and said person acknowledge that()she) signed the instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the (type of a Cher ty, e.g., officer, trustee, etc.) of(name-of—party on behalf of whom instrument was executed) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. c —CA(ip r 0 �j-�- o f: cjr eC-r"1€Y4-)n GIVEN under,,,,]and and official seal this I I day of am ' ,20 .� '4r`�ps 2�kA� NOTARY '::LIC in and for the :o`� ° �� <1\.,p State of Washington NOTARY N; Residing at: i�`S a "' • _ My Commission Expires: 0°1 0 2 Oral PUBLIC ",,„, OF�WAS\;,°��,, EXHIBIT A EASEMENT AREA Kitsap County Tax Parcel No: 352401-3-010-1000 The North 30 feet of the East 360 Feet of the West three-quarters of the Northwest one-quarter of the Southwest one-quarter, Section 35, Township 24 North, Range 1 West, W.M., in Kitsap County, Washington, lying Southerly of the Southerly line of the 20-foot strip of land conveyed to the City of Bremerton under Auditor's File No. 841026 1 I r Iri i 1 I 1 1 1 r r.,31 „., i 7 n_ 1 p I ' u p .F. i - N o:o� D z uO p UA rn \ 1 I� f 1 D� I p� A P p bN2 .\ 1, / wr m0 Iv'D O A u p I p, / rn 4 I 1 �r 2 A 1 1 nb j \ if, s z z E2 ..Ii /cl l / O F / / h y,'i / i / O�OpN l a a � 'El''') 9 _ j _ / / , 0Dm go= om ; 1 nao9 / / 9cf,b o- A gAm�sp 1 mFz ' ' / C'7 0 A �1 F *E,= // / / z 7 r 4 1_".. / 4 9m , yy sm , I / yz... va / / (' 4 11 ' ' �- // / / ti70>"i / by 1r""IS.- I 1712->)/' / / r z n r , I //I / 2��� , NIonssa'a 514 srtc)1 6 yS' i j/ ,I Ew.r n • X g/4O v t• II / /oe I / I / / , I' / ; A / / / / o a IIII , 4 N" E y ,',/ / n R y / / ct Seal<m Ferl EXHIBIT FOR RECIPROCAL EASEMENT AND TEMPORARY EASEMENT FOR GATE RELOCATION BETWEEN THE CITY OF BREMERTON AND MERIDIAN TERRACE LLC —�� Portions of the W.1/2 attic SW I/4 of Section 35,Tavnship 24 North, Range I West,W.hf..\Kitsap County.Washington. REVISIONS ,e FOR: s a.e '=1211' r0. wrE s. rE_cx.•,r„ ♦AI N.L.Olson&Associates,Inc. David Litowilz Encr.'1.'-023 z r I I ^ VondSun.y^F P.O.nor 26110 �'^nq nna•x ..._ _. rcdcr,4 Way,WA 9S093 11016-20 acc.Ev,Eo u..-.,.r.....r..n,..�.r........^.... ,k 1 1_.