The URL can be used to link to this page

Home My WebLink About9612030103 EXCISE TAX EXEMP'~ DEC - 1996 After recording return to: KITSAP COI~TY $13,00 CHCK FILED-BY: CITY OF BREHERTON THIS EASEMENT AGREEMENT ("Agreement") is made this D~15~ day of October, 1996, by and between SAFECkRE Company, Inc., a Washington corporation ("Grantor"), and the City of Bremerton, a first class municipal corporation ("Grantee"). A. Grantor owns certain real property located in Kitsap County, Washington, and more particularly described on EXHIBIT A attached hereto and incorporated here~ b~! ~e~ ~Grantor's Property"). K~REN FLYNN, AUDIT0~ B. Grantee owns certain water lines situated on Grantor's Property. Belmont Terrace purported to convey an easement for such water lines by Agreement dated May 15, 1996 which was recorded under Kitsap County Recording No. 9609040023 ("Belmont Easement"). The Belmont Easement was ineffective because it was not executed by the owner of the property subject to the easement. C. The parties now desire to enter into an agreement to create an easement for Grantee's water lines on Grantor's Property. C~E~K, BEV6NS A=F.#: ~6~2030~03 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: EEL O936 Ft~ 3~t2 1. Grant of Easement. Grantor does hereby grant, convey and quit claim unto Grantee a perpetual, nonexclusive easement for purposes of constructing, operating, maintaining and repairing water lines over, along, across, in and through Grantor's Property and for no other purpose. diane/bremerton.agt/10/17/96 -1- 2. Notice of Intent to Enter. Grantee shall exercise its. rights under this Agreement at reasonable times, when Grantee's entry shall not interfere with Grantor's use of Grantor's Property, and shall give Grantor no less than five (5) days' notice of Grantee's intent to enter. 3. Repairs and Restoration. Grantee agrees to repair any damage to Grantor's Property or any improvements thereon resulting from the exercise of Grantee's rights granted herein and completely restore Grantor's Property and improvements to their condition immediately prior to each exercise of Grantee's rights granted herein. 4. ~h~. Grantee agrees to indemnify, defend, and save Grantor harmless from and against any and all claims for damages suffered, and any other loss, cost, or other expense incurred by Grantor (including, without limitation, reasonable attorneys' fees), or any claim, demand or action asserted against Grantor, relating to Grantee's exercise of the rights granted herein. 5. ~. The rights herein granted and the duties hereby agreed to shall run with Grantor's Property and shall inure to the benefit of and be binding upon the parties' respective successors and assigns. ~.F. ~ ~4~-Q~]~O~ REEL 093& FR 3D]3 6. Termination for Breach. In the event Grantee breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of Grantor's giving Grantee written notice thereof, or, if the breach or default is not susceptible of cure within ninety (90) days, to commence to cure within such period and thereafter diligently proceed to complete such cure, then Grantor may terminate Grantee's rights under this Agreement. Grantor's right of termination shall be in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to terminate for any future breach or default. 7. Release of Obligations on Termination. No termination of this Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. diane/bremerton.agt/10/17/96 -2- 8. Title. The rights granted herein are subject to permits, leases, licenses, easements, reservations, restrictions,. conditions and other matters, if any, relating to or affecting the property that is the subject of this Agreement together with any amendments and extensions to such documents as may be executed by Grantor in the future. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 9. Notices. Notices required to be in writing under this Agreement shall be 9iven as follows: If to Grantor: SAFECARE Company, Inc. 700 Fifth Avenue, Suite 2600 Seattle, WA 98104-5026 Atten: President If to Grantee: City of Bremerton Notices shall be deemed effective, if mailed, upon the second day followin9 deposit thereof in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 10. v~v~21i~. 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. 11. 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. 12. ~ 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 holdin~ shall have no effect upon the remaining sections of this Agreement, which shall remain in full force and effect. .IA. F. #: REEI 0936 FR 3014 diane/bremerton, agt/10/17/96 -3- 13. ~ This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes all other prior agreements or negotiations relating to the subject matter of this Agreement, including, without limitation, the Belmont Easement. There are no other agreements or understandings, either written or oral, which modify or have any effect upon this Agreement. SAFECARE COMPANY, INC. GRANTEE: City of Bremerton Its: ~u~ REEL 0~6 FR ~015 diane/bremerton.agt/10/17/96 -4- STATE OF WASHINGTON ss. COUNTY OF KING · ., f I certify,, ,that I know or-,. , have , s~, _' facto, ry evidence that ~ Z ~/~,,~,~<~ and ~b~[~ /~ >~{~ are the persons .who appeared before me, and~aid persons acknowledged that they s~gned this inst~ment, on oath stated that they were au~ori~ed, to execute the~ns~ment and acknowledged it as the ~~ and ~ ~/~ respectively, of S~E~ Company, Inc. to be the free and volunta~ act of such party for the uses and pu~oses mentioned in the instrument. Dated: /¢¢~/~r ~ '~L7 ~ {--.~ ~ ~ Print Name: --/~~,~,~%~~ NOT~Y P~LIC in and for thi- Sbe %~~~ of Washington. residing at STATE OF~) ss. REEL 0936 FR 30t6 COUNTYO~ ) I certify that I know or have satisfactory evidence that ~L~u~ ~~ is the person who appeared before me, and said p~rson acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ~=~ of the City of Bremerton to be the free and volu~ act of such party for the uses and pu~oses mentioned in the instrument. Dated NOT~Y ~LIC in'nd for'the~tate of Washington, residing at~ diane/breme rton. agt / 10 / 17 / 9 6 - 5 - P~O. 8o× 72Q · ~ 1309 ~ear~,*-*~.~K Road L~/. Siiverdale, Washington ~838~ Siiverdaie (360) 692-5525 · Seattle (206) 682-5574 Fax (360) 698-0546 Engineering · Surveying · Planning DESCRIPTION ( WATER LINE EASEMENT THAT PORTION OF TRACT "B" OF THE CORRECTED PLAT OF FIRST ADDITION TO SHERIDAN PARK, ACCORDING TO PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 23, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A 20 - FOOT STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH MARGIN OF RIGHT-OF-WAY OF LEBO BOULEVARD, THIS BEING THE SOUTHEAST CORNER OF THE ABOVE SAID TRACT "B"; THENCE WESTERLY, ALONG SAID MARGIN OF ROAD, ON A 1080.46-FOOT RADIUS CURVE TO THE LEFT, THE CENTER OF WHICH BEARS S 13°00'40" W, HAVING A CENTRAL ANGLE OF 1~43'24", FOR AN ARC DISTANCE OF 32.51 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTERLINE OF THE HERE- IN DESCRIBED 20-FOOT STRIP; THENCE N 08°53'53" E -- 145.29 FEET; THENCE N 05°11'40" E - 49.70 FEET; THENCE N 00°49'06" E -- 35.00 FEET; THENCE N 04°18'16" W - 46.63 FEET; THENCE N 25° 27'48" W 11.63 FEET; THENCE N 47°45'20" W-66.19 FEET; THENCE N 41°49'13" ~7.00 FEET TO THE TERMINUS. h.F.#: ~6~203~03 REEL 0936 FR 30~7 ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR Cat~.oay to the Olympics and Home of the Pug~ Sound Naval Shipyard December 11, 1996 ~ ~ e ,~e Ms. Kathy J. Mackey Asset Manager Safecare Company, Inc. 700 Fifth Avenue Suite 2600 Gateway Tower Seattle, Washington 98104-5026 Dear Ms. Mackey: Enclosed for your records is a copy of the recorded easement between Safecare and the City of Bremerton. Sincerely, Kathleen L. McClusk'~y, Director ~c_~ Administrative Services KLM:ch enclosure cc: Public Works & Utilities 239 4TI] STREET · BREMERTON, WA 98337 · (360) 478-5290 · FAX (360) 478-52G0 ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR C, atewa.y to the Olympics and Home of th~ Puse~ Sou~ Nar.vd Shipyard November 18, 1996 Ms. Kathy J. Mackey Asset Manager Safecare Company, Inc. 700 Fifth Avenue Suite 2600 Gateway Tower Seattle, Washington 98104-5026 Dear Ms. Mackey: Enclosed for your records is a fully executed original of the Water Easement Agreement. The other original document is being processed for recording. Sincerely, Kathl~en L. McCluskey, Director Administrative Services enclosure 239 4TH STREET · BREiVlERTON, WA 98337 · (360) 478-5290 · FAX (360) 478-5200 lo: ~:~athi een ~'rom: Gerry Thornburgh Subj: Easement Date: 11/6/96 Attached is an easement we got from SAFECARE Co. ~or their property known as Belmont Terrace on Lebo. A while back the Water Dept got an easement from them for a water line. It turned out that the easement description was in error and now they want to correct it. Attached is the easement and instructions along with it. The easement form has been approved by lan Sievers, so he should not change it. Please do what you do and have it recorded. Thank You. SAFECARE C 0 M P A N Y, I N C . November 4, 1996 Mr. Jerry Thronbough Engineering Department CITY OF BREMERTON 3027 Olympus Drive Bremerton, Washington 98310 Dear Mr. Thronbough: Enclosed are two (2) original Water Easement Agreements signed by Safecare Company which replace the incorrect easement recorded under Recording No. 960940023. Please insert the correct address on Page 1 and Page 4 and return a fully executed copy to me. Pleass have it recorded as soon as possible and so that it replaces the previous easement. Thank you for your cooperation, and if you have any questions, please feel free to contact me at (206) 223-4883. Sincerely, SAFECARE COMPANY, 1NC. Kathy J. Mackey Asset Manager IC1M/sse Enclosures ww/filea/kjm/thronbou.doc ~