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HomeMy WebLinkAbout456049 STATE OF WASHINGTON ~'r,-. ~:~ o * L~ '-' of' IN CONSIDERATION OF .......................................................... ~ ............................................... the ~ecei~t of which is hereby ~c~w}edgeg, the State of W~hingto~ does hereby g~t, bargain, se]~ ~ convey ~to ............................................................................................................................................................................................... ......... ~%:/...~E'....~xt...m.~.~.~..;¢~],~.~....CP~-~:~ ~.~ .~%.&.~.~.~.~9.~... .&.'k~. ............................................................................. he~s ~ assigns, t~e Io~owing described ~¢ ~x~~o~ the second dass, ~ de~ned b~ C~tp- ter ~55 o~ t~e Ses~on Laws o~ 1~7, s~tuate ~n '~ .................... i~g.~.~.P ............................... Count~,~Wa*~n~ton to- ' ~Tracts 1 and 2 of V~c~.t=a State Oyster. Eeserve, Flat ~o. 87, located in front of sections 32 and 33~ tov.~ship 24 north, range 1 east, Subject to right o~' way of the United States Naval Sic% ace and Trans-shipment Facilities, Bremerton Branch. Subject to right of v~ay of btate Highway No. 21~ Kitsap Co~_ty, State of ~fashington. ~ub3ect~ however~ '~o the rights of holaers of existing The above des~ibed lands are sold sub~ec~ to all the pro.ions of Chapter 312 of the Session Laws of 19~, to which reference is hereby made, and which shall be ~ binding u~n the ~rantee ~d any successor in interest of said ~ant~ ~ t~qugh set out at leng~ herein, oils, gases, coal ores, m~era~ a~d fossils of eve~ name, k~d or d~cription, and which may be in or upon said l~ds above described, or any part thereof, and the right to explore the same for such oil, g~es, coal ores, minerals and fossils; and it also hereby expressly saves and reserves out of the grant hereby made, ~to itself, its successors ~d assigns forever %he r~ht to.enter b)y itse~, its agents, attorneys and servants upon said lands or any p~t or parts thereof, at any and all times, for the purpose of opening, developin~ and working mines thereon, and taking out and removing therefrom all such oils, g~es, coal ores, minerals and fo~ils, and to that end it fu~her expressly reserves out of the ~ant hereby made, ~to itself, i~ succ~sors and assilgns forever, the right by its 9r their agents, servants and at~o~eys at any and ~11 times to erect, co.truer, ma~tain and use all such buildings, machine~, roads and ra~oa~, sink such shafts, remove such soil, and to remain on said lands or any part ~ereo/ for the business of mining and to occupy as much .of said lands as may be necessary or con- erally all rt his and powers in, to and over said lands, whether herein ex ressed or not, reasonably nece~ary or convenient to render bene- ficial ~d e~cient the complete enjoyment of the property and rights here~ expressly reserved": Provided, That no rights shaI1 be exerc~ed under th s reservation by the State, its successors or assigns until prov~ion has been made by the State, its successors or assigns to pay the owner of the land upon which the rights here~ reserved to the ~tale, its successors or assigns ~r~sought to be exercised, full payment TO HAVE AND TO HOLD the said premises, with their appurtenances, unto the sai~ ................................ ............... gZ.~.~( ...9.~_..~.r.~h~.r..~.~P~__~B~....~.q~.~: ....P~._ ~.~.5.~.~.....~.~.5~ ................................... he,rs and ass~g~ ~orever. WITNESS the SeaZ o~ the State, a~xed t~s......~....~ .......... ,~ ~ ,,;: day ol ........ 19. ,,~ Attest: ~ ~ 2 '~: ,,,~.~/ Se~eta~ ol State. App. ~o. .... L_; ~. ~'~ - ~, ~ ,...~ State record of Tide Land Deeds, VoI~me.._..~.~...._..., Page ....... ~..~7 Co,t.~o. s. r. ~o. ~s~-~. ~ d gdrmr 0 ~lth, ~ap ~ty Au~r ~, ~ Ma~, 27, 19~; Count7 Port Re~ Lea~e # i~?l a ~tt~ ffrom ~e D~ent off ~b~c ~8 c~ ~ ~ P~t 87, ~ ~ f~nt ~ ~t 1, Sec~ 33, T~ 24 N~, ~e 1 ~t, W.M. ~s ~aet ~es n~s~r~ ~ adjacent ~ ~~i~-~~-~ ~e' ~o. 1~, ~i~ ~ c~e~ed in ~52. ~ le~e No. ~ ~ ~s ye~ ~ ~w ~ ~e i~es~ ~ ren~ s~d le~e. We ~d~s~ ~s ~act was ~cl~ ~ ~ V~a~ ~ 0~ Rese~e l~s ~ich w~e de~ ~ ~e City ~ ~er~n ~ Kitsap ~ Septet 22, 1947, ~8~ ~ ~e ~sio~ of ~7, L~s of ~47. ~e, ~ ~ do~ not have ~ ~rest in ~ese ~m~ rese~eso ~ ~ ~ts ~g~stion ~e ~i~ you f~ ~e ~o~o~ n~ ~ ~d~ ~at connie ~ use ~is ~act of ~ Very truly yours, INDEPENDENT ASPHALT PA~INO CO. Mrs. Xa~e Davidson Bookkeeper LEASE--Tide L~nd ORIGINAL THIS LEASE, Made and entered into this .. ~3~h........day of ......... .kp~il ................... , A. by and between the State of Washington, party of the first part, and .I..~.~.~.~.[~.~..e:..~.~....?_s..~i!~.~ ~aving_? o;~pany , party of the second part, WITNESSETH, That for and in consideration of the sum of. ~ne ~.~nd~d ~.~.~.e,~t ....... ~.~d_ n?~)~ ............. ($. ~ ..00 ~.) Dollars per year, to be paid to the Commissioner of Public Lands of the State of Washington yearly in advance, and in consideration o~ the covenants hereinafter contained, the State of Washington doth lease, demise and let unto the party of the sec- vacated oyster reserve and part that tract or parce~ of l~wrar~ll~ .............. class, situate in . K~t~p ....... County, State of Washington, and described as follows, to-wit: That portion of vacated State Oyster ~eserve, Plat No. 87, lying' in front of lot 1, sect,.on 33, to~.nsh~v 24 north, range 1 east, described ~y metes and bounds as follows: Beginnin~ at the meander corner on the north line of said section 35, thence S 25° 02' 4~" V! alon,~ the line of ordinary h~_gh tide, 295.86 feet to the true ~of. nt of beginning, runnin~t thence S 23~ ~7' 45" 100 feet, thence ~ 25° 02' 42" ',; 75;01 feet, thence S 56° 22' 44" W 174.642 '. feet, thence i,~ 25~ :~7' 45" W 100 fact ~a the line of ordinary high tide, thence runninf~ along said line of ordinary hi~ti~ tide as follows: 22' 14" E 174.642 feet and 1~ £5~ 02' 42" 'J 75.01 fe~t to said true point of beginning and end of descrivtion. This lease is subject to cancc!lation by the Co:,~aissioner of Public Lands ii' the County of Xitsa~ and/or the bnited States of ~lerica shall decide to use t~e vacated oyster reserve as a landin~ field and terra,nat for air creft an~ to make the area aui~table and usable for theft vuroose umer andin accordance with the ~roviaions of Chapter S6 oi' t~e La~s of 1931. for the period Of ......... [~[~ ...................................................... ( _lQ.. ) years from date of this instrument. As a further consideration the following covenants are mutually agreed to: The payment of the above mentioned annual rent to the Commissioner of Public Lands of the State of Washington yearly in advance is of the essence of this contract, and the same shall be, and is, a condition precedent to the execution and continuance of this lease or any rights thereunder, and if said annual rent shall not be paid on or before the date when due, this lease shall be null and void. The State of Washington reserves the right to approve any assignment of the whole or any interest in and to the within leasehold. The lands herein shall not be offered for sale except upon application of lessee, who shall have preference right to re-lease at highest rate bid: Provided, however, and these rights are conditioned that lessee shall keep his lease in good stand- ing. All improvements placed upon said land by the lessee, capable of removal without damage to the land, where the lease is yielded te the state prior to any application to purchase said land, may be removed by the lessee, or at his option may re- main on the land subject to purchase or hire, and this lease is granted according to the provision of an act relating to lease, etc., of state lands, approved iYIarch 16, 1897 (as amended hy section 2 of an act approved March 13, 1899, and acts amend- atery thereof and supplemental thereto). All piling or other improvements placed upon the above described lands shall attach to and become a part of the realty unless moved or sold under the provision of the said act relating to lease, etc., of state lands, approved March 19, 1897, and acts amendatery thereof and supplemental thereto within three years after termination by surrender or limitation of lease or re-lease. No statutory right vested in lessee is waived hereby, and lessee expressly agrees to ali covenants herein and binds him- self or themselves for the payment of rent as hereinbefore set out. THE STATE OF WASHINGTON, Witnesses as to Lessee: .............................................................................................................. By ................................ ~ ......................... Commissioner of Publi P. o. . dar;s[. .............. ASSIGNMENT (The Commissioner of Public Lands will not approve and enter any assignment unless lease be in good standing.) For and in consideration of ....................................................... :.~ ....................................................... ($ ........................ ) Dollars in hand paid to the within lessee and assignor, he hereby assigns, sets over and transfers ................... of his right, title and interest in and to the within and foregoing lease, unto of ......................................................... , Wash., and said assignee hereby binds and obligates himself to per- form all the conditions and covenants of said lease. IN WITNESS WHEREOF, We have hereunto set our hands and seals this .................................. day of ............................................................... , A. D. 19 ........... Witnesses: .......................................................................................................................................................................................................................... [S~:ALI Assignor. [SEAL] Assignee. ASSIGNOR'S ACKNOWLEDGMENT STATE OF WASHINGTON, County of .......................................................................... ss. I, . ............................................................................................................ , do hereby certify that on this ............................ day of .......................................... , 19_._.._, personally appeared before me ........................................................................... to me known to be the individual....., described in, and who executed the within instrument, and acknowl- edged that .... signed and sealed the same as ..... free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and o~cial seal the day and year in this certificate first above written. Notary Public in and for the State of Washington, Residing at ......................................................