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HomeMy WebLinkAbout3071159Filed for Record at Request of: When Recorded Return to: 03/83/98 I1: g}~Mr~TON CITY OF ~MT 111 ~ Kitsao Co, WR D~ument Title: Ea~ment for ~css ~d E~css Grantor CiT of Breton Grant~ Chiles G. Piece ~ation: 1823 M~lowe Avenue Tax Parcel g 4985-006-001-0007 ~d 4985-006-001-0106 Abbreviated ~gal ~at ~aion of ~e ~ 1/4, ~ 1/4, Section l 3, To~s~p 24 N., R~ge 1 E.; W.M. more Description: specifically deschbed as ~t 1, Block 6, R~er's FiBt Addition to D~at~ EASEMENT ~S EASE~, made ~d entered into t~s ~5 day of ~, 199~ by and between C~ES G. P~RCE, (hereinaRer referred to as "G~TEE"); and CI~ of B~MERTON, a first class mu~cipal co~oration (hereinaRer referred to as "~antor"). FOR ~ ~ CONS~E~TION of the mutual pro~ses and benefits comained herein and for other valuable consideration, the receipt of w~ch is hereby acknowledged, ~antor and Grantee hereby agree and covenant as follows: 1. G~T OF EASE~NT: Grantor does hereby convey and quit clMm to ~antee a non-exclusive easement for the pu~ose of unobstructed ingress and egress across the property described as follows: See Exhibit "A" Attached 2. HOLD HARMLESS: 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, or his agents. 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 solely and entirely the fault of the Grantor. 3. EASEMENT TO RUN WITH THE LAND: The Grantee and Grantor intend that this Agreement shall be a covenant running with the land described above and shall be binding upon Grantee's and Grantor's successors in interest. 4. ~TalL~II~I~t.[~: 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. ILrRISDICTION 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. 6. SEVERABILITY: 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. 7. ENTIRETY: This Agreement constitutes the entire agreement and understanding between the parties hereto. Them are no other agreements or understandings, either written or oral, which modi~ or have any effect upon this Agreement. Grantor, R~rMF~T~N ~ITY Or ~MT $11 ~ Kitsao Co, ~ GL/~NNA ~L~C'A, Cit~y Attorney STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged 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 corporation. ,, , hand and official seal thisc~fm~ day of~ J~,/~,c,.~a~ ~,. , 19~ . "~: Notary Put~li~n and ¥or the Sta~ of Washington, residing at: £sZ/.~.~.~,-~A Y'-~-~) · . ~ .. - ~ ..... ,~ my appointment expires: ,~y-/~ _ ~[ RECEWED FOR FILING: KATHLEEN L. MCCLUSKEY~ City Clerk File: maresmt2.doc 3O71159 Page: 3 of 4 . EXHIBIT "A" A PORTION OF SECTION 13, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 4985-006-001-0007 LEGAL DESCRIPTION The north 16 feet of Lot 1, Block 6, Ryther's First Addition to Decatur, as per plat recorded in Volume 2 of Plats on Page 77;. conveyed in Volume 149 on Page 423, Book of Deeds, records of Kitsap County, WasNngton. 83/83/98 11:52fl ~REM£RTON CITY OF £~MT $1188 Kitsao Co, HR LEGAL DEPARTMENT ROUTING SLIP DATE: February 17, 1998 TO: Mayor Lynn Horton - First Cherie Henry, A~inistrative Services - Second FROM: Jackie R. Cronk, Legal Assista · S~CT: Charles G. Pierce Easement Agreement Approval/Recording (1823 Marlowe Avenue) Mayor: Please sign and forward to A~inistrative Services. Cherie: Please have Kathy sign the Easement, see that the Mayor's signature is notarized, and record the Easement for Public Works & Utilities. Also, please forward a recorded copy of the Easement to our Office for our records when you receive it back from the County Auditor. I will be sure to forward a copy to Mr. Pierce and Ned Lever for their records. Please call our office if you have any questions. Thank you! Attachment: as cited cc/w/attachment: Ned Lever, Public Works & Utilities