006-04 - Beckstrom, Katherine L and Hans Jorgen - Contract200408040005
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AFTER RECORDING RETURN TO: ��;;;:t�4;:�Ca�_a;}
PORT ORCHARD CITY OF HGMT I'Ll.GGN Kit.saF, Cc�, WH
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
EXCISE TAX EXEMPT AUG 0 9 2004
RIGHT OF WAY USE AGREEMENT
GRANTOR: CITY OF PORT ORCHARD, a municipal corporation
GRANTEE: Kathrine L. Beckstrom and Hans Jorgen Beckstrom, husband and wife
LEGAL DESCRIPTION: Block 27, Lot 6, Annapolis Plat
ASSESSOR'S TAX PARCEL ID#: 4027-027-006-0008 and Public Right of Way
1. This Right of Way Use Permit is entered into this C day o , 2004, between
the City of Port Orchard, Washington, and Kathrine L. Beckstrom and Hans Jorgen Beckstrom.
2. Kathrine L. Beckstrom and Hans Jorgen Beckstrom ("Owners") are the owners of
property located at 533 Tracy Avenue North, Port Orchard, Washington, Kitsap County Tax Parcel
No. 4027-027-006-0008 and legally described as:
Lot 6, Block 27, Annapolis, according to plat recorded in volume 1 of plats, page 64,
in Kitsap County, Washington;
Except that portion of Tracy Avenue condemned by the United States of America as
disclosed by declaration of taking, recorded August 10, 1942 under auditor's file no.
364997.
3. Owners predecessors in interest erected a landscape wall within the City of Port
Orchard public right of way fronting their property on 533 Tracy Avenue North.
4. The City of Port Orchard hereby authorizes and permits the Owners to keep and
maintain the landscape wall in the public right of way subject to the terms and conditions set forth
herein.
Right of Way Use Agreement -I
Owners shall keep and maintain the landscape wall in good condition and repair.
6. Hold harmless. The Owners shall defend, indemnify and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims, suits, actions, or
liabilities for injury or death of any person, or for loss or damage to property, caused by the landscape
wall or which arise out of the maintenance, repair and use of the landscape wall, except such injury or
damage as shall have been occasioned by the sole negligence of the city.
7. Termination. The City of Port Orchard reserves the right to require the Owners to
remove or relocate the landscape wall or any part thereof when the City of Port Orchard in its sole
discretion, determines that relocation or removal is required by public convenience and necessity, or
upon breach of this agreement by Owners. Relocation or removal of the landscape wall shall be at the
sole expense of the Owners.
8. This agreement shall run with the land described herein and shall be binding on and
inure to the benefit of the parties hereto, their successors, and assign.
9. Attorneys Fees. In the event either party brings a lawsuit to enforce or defend any
rights herein, the prevailing party shall be awarded all costs and expenses and reasonable attorneys
fees.
GRANTOR: GRANTEE:
CITY OF PORT ORCHARD
-e "4'3� *athrlineL.B rom
KIM E. ABEL, MAYOR
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ATTEST: Hans Jorgen Becl trom
Carol Etge , City Clerk
STATE OF WASHINGTON )
) ss. 1200408040005
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greement -2 IIIIIIIIIII�41R�bht of Way Use Ab IIIIIIIIIII(III- ,- • -.r�, 61H
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FORT ORCHARD CITY OF WIT �21.0o E f
County of Kitsap
I certify that I know or have satisfactory evidence that Kim E. Abel is the person who appeared before
me, and said person acknowledged that she signed this instrument, on oath, stated that she was
authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free
and voluntary act of such or the uses and purposes mentioned in the instrument.
M.
DATED • • • • • . F'A
��gSION�!
A l
o *
o NOTARY PUBLIC in and for the State of Was�}ington
8- 7 -�� • �O= Print Name: IF- Pn1�i'lSri i n. d
OF wpSH�NG My appointment expires. 1 Z p
STATE OF WASHING
) ss.
County of Kitsap )
I certify that I know or have satisfactory evidence that Kathrine L. Beckstrom is the person who
appeared before me, and said person acknowledged that she signed this instrument, and acknowledged
it to be her freehand voluntary act for the uses and purposes mentioned in this instrument.
'July
DATED: , 2004.
c
Notary Public NO RY PUBLIC in and for the State of Washington
State of Washington �
SYLVIA SNELL Print Name: S [ 1i , A erne l I
My Appointment Expires Dec 2i,. 2005 My appointment expires: c L 27 766
r
) ss.
County of Kitsap )
I certify that I know or have satisfactory evidence that Hans Jorgen Beckstrom is the person who
appeared before me, and said person acknowledged that he signed this instrument, and acknowledged
it to beqhisfree and voluntary act for the uses and purposes mentioned in this instrument.
�k
DATED: �7, 2004.
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xc�
NOTAF& PUBLIC in and for the State of Washington
Notary Public Print Name: IV 0z(
State of Washington
SYWIA SNELL My appointment expires: 27 2ijt
My Appointment Expires Dec 27, 2005
Right of Way Use Agreement -3
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PORT ORCHARD CITY OF AGMT $21.00 Kitsap Co, OR