HomeMy WebLinkAbout9310050078 FILED-BY: BREMEI)T~ CITY OF
'OCT 5 '-- '""~
REE--L 0751 FR
THIS AGREEMENT, made and entered into this ~[o day of ~e-~-~,~Xoc~ ,
1993, by and between the City of Bremerton, a first class municipal corporation,
(hereinafter referred to as "Grantee"); and Bremerton School District, (hereinafter referred
to as "Grantor").
FOR AND IN CONSIDERATION of the mutual promises and benefits contained
herein and for other valuable consideration, the receipt of which is hereby acknowledged,
Grantor and Grantee hereby agree and covenant as follows:
1. GRANT OF EASEMENT:
Grantor does hereby convey and quit claim to Grantee an easement for purposes of
placing fill upon and constructing, operating and maintaining surface water drainage across
the property described as follows:
That portion of Section 15 T24N, R1E, WM described as follows:
Beginning 415.8 ft. west of the SE comer of the SWl/4 of the SWl/4 of said
Sec. 15; thence north 484.44 ft.; thence west 455.4 ft.; thence south 484.44 ft.
thence east 455.4 ft to the point of beginning, except roads, described as
follows:
Beginning at a point on the east margin of Forrest Ave (formerly Forrest St)
as shown on the plat of Goodfellow's Navy Yard Tracts, as recorded in Vol.
3 pg 52, of Plats recorded in Kitsap County, Washington, said point being on
the easterly extension of the north line of Lot 31 of Block 1 of said plat;
thence east along the' easterly extension of said north line 15 ft.; thence
~t~ ~ n- southeasterly along a straight line a distance of 128.06ft. to a point 95 ft. east
~ a: and perpendicular to said east margin of Forrest Ave; thence southwesterly
~ ~ ~ along a straight line a distance of 128.06 ft to a point 15 ft east and
perpendicular to said east margin of Forrest Ave; thence south parallel and
~ 15 ft. east of said east margin of Forrest Ave. 230 ft. to the north margin of
~ 1st st; thence westerly along said north margin of 1st St a distance of 15 ft to
the east margin of Forrest Ave; thence north along said east margin of Forrest
Ave 430 ft. to the point of beginning.
EASEMENT - 1 -
SCHOOL.EAS ~ 8118/93
Grantee hereby agrees to hold harmless and defend the Grantor from all claims and
liability due to the negligent acts, errors or omissions of Grantee, his agents and/or
employees. The Grantor shall not be liable to Grantee, or any other party for any claim
whatsoever arising in connection with this Agreement, except for negligence due to the fault
of the Grantor.
3. HAZARDQuS SUBSTANCE: Grantee hereby agrees that it shall not place any
hazardous substance on the easement property.
4. EASEMENT TO RUN WITH THE LAND:
The Grantor and Grantee intend that this Agreement shall be a covenant running
with the land described above and shall be binding upon Grantor's and Grantee's successors
in interest.
The place of making this Agreement shall be deemed to be the State of Washington,
and the legal rights and obligations of the parties hereto shall be determined in accordance
with the laws of the State of Washington.
6. JURISDICTION AND VENUE:
In the event that any suit or action shall be brought in connection with any of the
terms and conditions of this Agreement, the parties hereto hereby agree that jurisdiction and
venue of any such suit or action shall properly lie in Kitsap County, State of Washington.
'7. ~:
In the event that any section, or any part of any section, or this Agreement shall be
declared invalid by a court of competent jurisdiction, said holding shall have no effect upon
EASEMENT -2-
$CHOOL.EA$ - 8/18/93
the remaining sections of this Agreement, which shall remain in full force and effect.
8. ENTIRETY:
This Agreement constitutes the entire agreement and understanding between the
parties hereto. There axe no other agreements or understandings, either written or oral,
which modify or have any effect upon this Agreement.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties
hereto, to be effective on the day and year first above written.
BREMERTON SCHOOL DISTRICT
BY:
GRANTOR
LOUIS MENTOR, Mayor
GRANTEE
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk .
TO FORM:
1AN R. SIEVERS,r City Attorney
EASEMENT -3-
SCHOOL.EA$ - 8118193
STATE OF WASHINGTON )
SS.
COUNTY OF KITSAP )
On this day personally appeared before me~a.~, and .,
· . ' . .~ ~ __, respectlvely, ~ff the Bremerton School
D~s~and~stnet descnbed in and that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
said school district, for the uses and purposes therein mentioned, and on oath stated that
he/she/they were authorized to execute said instrument on behalf of ~aid school district.
1993. GIVEN under my hand and official seal this ~fi'~day of~,
~ rNes°idt~ingP~atb ~of Washington.
;~. ~, '..' Z.' My appointment expires:
STATE OF WASHINGTON )
: SS. "
COUNTY OF KITSAP )
On this day personally appeared before me Louis Mentor, Bremerton City Mayor,
and Kathleen L. M¢Cluskey, Bremerton City Clerk, of the City of Bremerton, the municipal
corporation described in and that executed the within and foregoing instrument, and
acknowled§ed said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized
to execute said instrument on behalf of said cot~oratiom
GIVEN under my hand and official seal this /~day of
1993. '
.~ ~ ~ :x Notary Public ~ and for the State of Washington
., residing at
~,~ .My appointment expires:
EASEMENT -4-
SCHOOL.EAS . 8118/93
ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR
Gateway to the Olympics and Home of the Puget Sound Naval Shipyard
October 13, 1993
Mr. De Wayne Boyd
Superintendent
Bremerton School District 100-c
300 N. Montgomery Avenue
Bremerton, WA 98312
Dear Mr. Boyd:
Enclosed for your records is a fully executed copy of the easement
between the City of Bremerton and the Bremerton School District.
Please note the easement has been recorded in the Kitsap County
Auditor's office.
Sincerely,
Kathleen L. McCluskey
Director of Administrative Services
/eh
enclosure
239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290