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HomeMy WebLinkAbout9504180006 EASEMENT THIS AGREEMENT, made and entered into this ~ day of ~7 ~(/ , 19 ~ff, by and between the City of Bremerton, a first class municipal corporation, (hereinafter referred to as "City"); and Episcopal Retirement Homes of Western Washington, a Washington nonprofit corporation, (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, the Grantor and Grantee hereby agree and covenant as follR,lV~Ap COUNTY ScL 0O CHCK 1. GRANT OF EASEMENT: FILED-BY: BREMERTON CITY OF APR 18, liMP5, I):~? AM Grantor do~s hereby convey and quit claim to City an easement for purposes o£ constructing, operating~ maintaining aIld repairing a municipal water main across the KA~N FLYNN, AUDITOR Drol~rty described as follows: CLERK: BE'VANS ?ORTIONS OF LOT 1 ~ 2 OF CITY OF BREJVIF_J~TON SHORT PLAT NO. PUD-01-92 RECORDED U1N-DFJ~ AUDITOR'S FILE NUMBER 9310040385 RECORDS OF KITSA? COUNTY, WASHINGTON, B~NG ON BOTH SIDF_3 OF ?HE FOLLOWING DESCRIBED CFJq'rERLIlXlE: BEGI1N-IN-ING A? THE NORT~T CORNER OF SAID LOT 2; THENCE ALONG ~ LINE COMMON TO SAID LOTS I ~ 2 SOUTH 19°06'05" EAST A DISTANCE OF 183.24 FEET TO i POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING ALONG SAID LINE SOUTH 19°06'05" EAST A DISTANCE OF 59.97 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 64°06'05" EAST A DISTANCE OF 77.39 FEET; THENCE CONTINUING ALONG SAID LINE NORTH 70°53'55" EAST A ,~ DISTANCE OF 152.72 FEET TO THE WESTERLY MARGIN OF 8~ HEMLOCK STREET; TOGETHER WITH A STRIP OF LAND 20.00 ~ ~ FEET IN WIDTH, IO.OOFEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: ,,~ m BEGINNING AT THE HEREINABOVE POINT "A"; ~ t-- THENCE SOUTH 70°53'55"WEST A DISTANCE OF 29.30 FEET TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION; EASEMENT -1- EPISCOP,Ei$ - Easement Disk- 3/25/95 ,~,~ E. #:~501180008 REEl_._ 085~ FR 2626 THE SIDELINES OF THIS CENTERLINE DESCRIPTION SHALL BE SHORTENED OR LENGTHENED SO AS TO INTERSECT IN THEMS~ AND THE SOUTHERLY MARGIN OF CALLAHAN DRIVE AND SAID WESTERLY MARGIN OF HEMLOCK STREET. 2. HOLD HARMLESS: Grantor hereby agrees to hold harmless and defend the City from all claims and liability due to the negligent acts, errors or omissions of Grantor, his agents and/or employees. The City shall not be liable to Grantor, 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. 3. EASEMENT TO RUN WITH THE LAND: The Grantor and City intend that this Agreement shall be a covenant running with the land described above and shall be binding upon Grantor's and City's successors in interest. A. F. #-' ~O4~_4BOOO4~ 4. GOVERNING LAW: RE'EL O&Sb FR 2627 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. 5. 3URISDICTION AND VHNUH: In the event that any suit or action shall bc 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 prol~rly He in I<~ts~p County, State of Washington. 6. SEVE1L4~BILITY: 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 the remaining sections of this Agreement, which shall remain in full force and effect. EASEMENT -2- EPI$COP.EA$ - F~:m~nt Disk - 3/25/95 7. 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. EPISCOPAL RETIREMENT HOMES OF WESTERN WASHINGTON: , GRANTOR STATE OF WASHINGTON ) ~-EL 0856  : SS. COUNTY OF ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swg~, personally appeared ~/Dc.~/~ to me known to be the ~.~z,~-~,z~'"'x~r-~c_~=r~r- , of EPISCOPAL RETIREMENT HOMES OF WESTERN WASHINGTON, a Washington nonprofit corporation, the Corporation that executed the foregoing instrument, and acknowledged the 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 r' he is authorized to execute the said instrument. lt~Ch,v._GIVEN~, under my hand and official seal tMs Notary Public ~Jand for the State of Washington ? residing at ?~d2~q~-. ~ . · "~:' ': ~ My appointment expires: ' \ \,._,\~ _O~- . EASEMENT -3- EPISCOP.EA$ - Eaa~m*nt Disk - 3/25/95