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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 . -1- 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. -1- 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 ~'- ' ' "....:. -3- 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: <-~-~ -4- 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.