HomeMy WebLinkAbout9108190101 KITSAP COUNTY
CASH
FiLED-Be: DOU6 WEE~{S
AU6 19, t~t, tt:50 AM
t<A~EN FLYNN, AUDITOR
CLERk<: BASSE
REEL D6D3 FR
EASEMENT
THE GRANTOR BWB GROUP, a Washington general partnership, for good
and valuable consideration, receipt of which is hereby
acknowledged, does hereby grant to the City of Bremerton, a
municipal corporation of the State of Washington, an easement
through and under the following lands in Kitsap County, State of
Washington, to wit:
See Exhibit "A" attached hereto and incorporated by reference
herein;
in and upon which to lay, operate and maintain water utilities,
together with any necessary appurtenances within said easement.
Grantee shall have the right to enter upon said premises and to
open up said pipeline, or any part thereof, for the purpose of
maintaining, repairing or renewing the same as occasion may
require.
The granting of this easement shall be binding upon the executors
and assigns of the grantors.
This easement incorporates all the provisions contained in that
certain document entitled "General Easement Agreement" executed
between the parties herein on August ~ , 1991.
DATED this ~U~ay of August, 1991.
BWB Group, a Was. h'/~ g~nera~.~artnership
BRIAN W. BUSKI~
,/.. /-//... ./.
· BOR L. EUSKIRK
~.~~UGL E. S .
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STATE OF WASHINGTON )
) SS.
COUNT~ '0~ ~ITSA~ ~
On this ~%% day of-- ~ ~,~q. [~'J~, 1991, before me, the
undersigned, ~ ~tary Public in ~d for the State of Washington,
duly co~issioned and sworn, personally appeared BRUCE A. BUSKIRK
and PAULETTE A. BUSKIRK, husband and wife, BRI~ W. BUSKIRK and
DEBO~H L. BUSKIRK, husband and wife, and DOUGLAS E. WEEKS and
GLADYS BUSKIRK-WEEKS, husband and wife, to me known to be the
individuals described in and who executed the within and
foregoing instrument, and acknowledged that they signed the same
as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
~ ,~IVEN under hand and official seal this ~ day of
~, 1991. my
!~ . ': ~'''' ':~' ''''~
~J Washington, residing
EXHIBIT "A"
PARCEL I:
The West half of the South half of the North half of the
Southwest quarter of the Northwest quarter, Section 26, Township
25 North, Range i East, W.M., in Kitsap County Washington;
EXCEPT the West 30 feet thereof for Central Valley Road.
PARCEL II:
An easement as established under Auditor's File No. 635857 for
water pipe line as it existed on March 21, 1956 lying within the
West half of the North half of the North half of the Southwest
quarter of the Northwest quarter, Section 26, Township 25 North,
Range 1 East, W.M., in Kitsap County, Washington;
EXCEPT the West 30 feet for Central Valley Road.
REEL
KITSAP COUNTY
TREASURER
GENERAL EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this ~gl'lday of August,
1991, by and between the City of Bremerton, hereinafter referred
to as City; and BWB Group, a Washington general partnership,
hereinafter referred to as grantor.
WITNESSETH:
WHEREAS, title to the real property legally decribed as:
See Exhibit "A" attached hereto and incorporated by reference
herein.'
WHEREAS, the City desires an easement for water utilities
which is twenty (20) feet in width, located along the centerline
of said waterline as waterline exists on this date.
FOR AND IN CONSIDERATON OF the mutual promises and benefits
contained herein, the City and BWB Group do hereby agree and
covenant as follows:
1. , GRANT OF EASEMENT:
BWB Group does hereby convey amd quit claim to City an
easement for purposes of constructing, maintaining and operating
a water main across the property described above. Said easement
shall be twenty (20) feet in width, located along the centerline
of said waterline as the waterline exists on this date it being
expressly understood that the foregoing easement shall include
the right of ingress and egress for the repair or renewal of the
water main.
2. ~ HOLD HARMLESS:
BWB Group hereby agrees to save harmless and defend the
City from all claims and liability due to negligent acts, errors,
or omissions of BWB Group, its agents and/or employees. The City
shall not be liable to BWB Group, or any other party for any
claim whatsoever arising in connection with this agreement except
for negligence solely and entirely the fault of the City.
BWB Group hereby expressly acknowledges that repair or
renewal of the City's water main may require placement of
equipment on the property, and such placement is expressly
authorized.
BWB Group hereby acknowledges that in the event the City
is required to make repairs, perform maintenance, or renew the
water main and related appurtenances, the City will be
responsible for surface restoration within the limits of the
easement as conveyed to the City of Bremerton Water Utility.
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3. GOVERNING LAW:
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.
4. 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.
5. SEVERABILITY:
In the event that any section, or any part of any
section, of this Agreement shall be declared invalid, by a court
of competent jurisdiction, said holding shall have no effect upon
the remaining sections of this Agreement, which shall remain in
full force and effect.
6. ENTIRETY:
This Agreement constitutes the entire agreement and
understanding between the parties hereto. There are 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.
BWB Group, a~j~iRgton general partnership
BRUCE A. BUSKIRK
PAULETTE A. BU~KIRK
.1 ' j
By L~L~USKIR~ /'
LADYS/BUSKIRK-WE~KS
STATE OF WASHINGTON )
COUNTY OF KITSAP )
me,
the
undersigned, a Notary Publicin~d'for the State of Washington,
duly commissioned and sworn, personally appeared BRUCE A. BUSKIRK
and PAULETTE A. BUSKIRK, husband and wife, BRIAN W. BUSKIRK and
DEBORAH L. BUSKIRK, husband and wife, and DOUGLAS E. WEEKS and
GLADYS BUSKIRK-WEEKS, husband and wife, to me known to be the
individuals described in and who executed the within and
foregoing instrument, and acknowledged that they signed the same
as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this .~ day of
~t, 1991.
Ng~Y ~U~C i~ anO fo= the S~'~t~:....'
o(.Washingtgn, ~esiding a~ ~i~l "."'
~y ~o~issi'on expires: ~~' ~/y~'~,':':
~. 5 ~'-
' '
"....:.
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Attested by:
Kathleen cCluskey, Clerk
Approved as to form by:
STATE OF WASHINGTON ) [ Z~n R~ievers,
) ss. /~'~-~'~emer~7on City Attorney
on this /~ay of ~.~r--, 1~91, before me, the
undersigned, a Notary Public in~/~nd for the State of Washington,
duly co~issioned and sworn, ~ersonally appeared Louis Mentor,
Mayor, City of Bremerton, the individual described in and who
executed the within and foregoing instrument, and acknowledged
that he signed the same as his free and voluntary act and deed,
for the uses and purposes therein mentioned.
_ ~IVEN under my hand and official seal this /~a of
/~, 1991. Y
· "'~ ,;'.'~ ; uO,'% ;~.' My CO~lSSlOn expires: <-~-~
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PARCEL 'I:
The West half of the South half of the North half of the
Southwest quarter of the Northwest quarter, Section 26, Township
25 North, Range 1 East, W.M., in Kitsap County Washington;
EXCEPT the West 30 feet thereof for Central Valley Road.
PARCEL II:
An easement as established under Auditor's File No. 635857 for
water pipe line as it existed on March 21, 1956 lying within the
West half of the North half of the North half of the Southwest
quarter of the Northwest quarter, Section 26, Township 25 North,
Range 1 East, W.M., in Kitsap County, Washington;
EXCEPT the West 30 feet for Central Valley Road.