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001-61 - Hannah & Powell, Schley, Rice, Hanks - ContractLEASE FUI RIGHT 3T OF AY FOR PURL TC PARKING THIS LEASE, made thi!; 1I____ day of CQq 1;A,, 1901 , between IV,NNAII & POINFI.I., TNC., a Washington corporation; ALVIN SCHLEY and ANITA SCHLEY, husband and wife; ROIdALD R. RICE and E:DITH M. RICE, husband and wife; ETHEL R. HANKS, a widow; IV'ZELLE h.lRlAM SIMF.IONS, also know" as HAZELI E MIRIAM E?ELKNAP, a divorced woman, as her separate properly; JOSEPH HAAS and BETTY HAAS, husband and wife, and :11.1 LInk A. VAN ZEE and LILYT!H J. VAN ZEE:, husband and wife, herein- after collectively called the "Jessor", and the TU,JN OF PORT ORCIVr RD, WASIIING-I'014, hereinaf ter cal led the "lessee_", 11AIE•S6011: FOR AND III COHSIDMIATION of the mutual promises, grants and leavow herein contained and of they business benefit to be Obtained thereby, the lessors do hereby lease to the 3essee for the term of f if teen (1o) years from the date heroof, a right of way for purposes of public; parking and public thoroughfare only together with Lov rjghL to make reasonable rules and reyulrations governing said public Lhorouc,hfare and public par.kincl, over and across all of the real estate siLuaLed in the County of KiLsap, Stage of Washington, more particularly described on a sheoL attached hereto, marked Exhibit: "A" and by this referLnce incorporated herein and made a part hereof as if more fully oU form herein. This lease 5hall not. be construed as containinc on the part of the lessors any warranties of title nor .any warranUes of any other nature whatsoever. If the .lessee} shall at any Lime abandon said right of way for public Lhoroughfare and public, parking over and across said real estate or shall use said real estate or attempt to use said real estate for any other purpose than public thoroughfare and public parking, then the leaso contained herein shall terminate, and all rights and privileges hereby uranLed Lo said lessee shall thereby be forfeited and of no further force and effect. In Lhe event LhA the Je5sors, or any of them, shall construct any building or buildings upon the above described real estate or any additions to the buildings presently situated thereon, this lease WE Lermina A as to Lha L portion of said real estate upon which said buildings or additions are so constructed, toyether with fifteen feet adjacent to the Northerly well of said building for private parking. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. HANNAH POWEL,L, INC. X B y 'resi B �. jecre Lary- Fr eosurer Jwzelle MiT ahl Simmons Ed!01 IL hict,' ez'( "ELhol k. l fart. 1 11 A L i I i la 161 Vn zv,! 7-1 j C li-a ( t C i'%Ili to schley L Z Alvio 1. Schley BaLLy Haab TCA., PORT -D By 13Y - 2 - STATE OF WASf E INGTON } ss. COUNTY OF KITSAP ) I, the undersigned, a Notary Publ is in and for the Sta Le of 7lrashingLon, hereby cer.'Lify thaL on Lhis day of 1Cf • ! , personally appeared before me ALVIN SC11LEY .ar,d ANITA SCHLEY, irtawnd and wife, to me known Lo be the individuals described in and who execu Led the foregoing instrument, and acknowledged tha L they signed the sank: as their free and voluntary act, acid ;feed, for the uses and pur- poses therein mentioned. GIVEN under my hand and official seal the dray and year last above written. Notary Public in and tor ,the State of Washington, residing at Port Orchard STATE OF WASH IHMON )) JS. CuUNTY ()I= 1.1'rj' AP 1, the undersigned, a Notary Public in and for the State of :lashington, hereby certify thraL on this /I dray of & . • r , lql ,personally appeared be Fore me lic_►NAI D R. ftlCF "end EDITH K RICE, h"Obj d and wife, and NTLL.IAM A. VAN ZEE and 1 II LIA11 J. VAH ZEE, husband and vii jo, Lo jf,e kno+vn to be the individuals described in andvho executed th, Kregoing ins Lrun►ent, and acknowledged that they s ic,ned the same as Lheir free and v„luni. ry act. and dead, for Lhe uses and purposes therein WeMiuned. G!= under nay hand and official seal the dray and year last, above written. {;()Lal'y I -ow 1G ill and 1 o.1-/ILhe 1 al 'hi"gt.ogy residing at/1 ort STATE UF ,►r S IINGTON ) } ss. S i,a Le o Orchard 1, (iW undersiclned, a I.1oLary Public in and for Lbe State of drr sky ifs. Lc,n, L hereby certify that on this _Q dray of personally appeared before me Jk6i: H IL'1a�`S~,r' Lii f r 4�ifa I.0 k,c�``� tfit—;ilcaiv.,,dual described in and who execuLed r�ho-vJrenoing instrument, ac;f.nowledynd LWL.11 Ctsir)ried the sane as -?f:�r:I� ems• and voluntary act And dood, !or the uses and purposes therein mentioned. GIVEN uncic:r my hand .and official seal -the doy and year last above: written.62) L ? ,10 L•a ry lWbl. yr: i ra ac 1,1 f o r l.hc a Lea Le o f ti'l�astriranton�' residint., aL_L'uyL_"L,=hard _ iAFH OF MSHINGTUI4 ) J s . CUMIJ rY 01- f:.I i'a;& irrr Lhis day of , lcs before me personally appeared JOSEPH llr•A5 who exoc:uLed Lhe within insi.run'ent as Attorney .in Fact ierr. HEI rY Il.IAU, and acknowledged Lo me Ma L he :; gnod and sealed Lfro :;:3no dS hi S WO rrrrd voluntary act .and door as • t_ l.orney in Fact - 3 - ... for BETTY for Lho uses and pu.rpo;e�, therein meriLioned, arid on oath sLiaLed Lhat. l.lre Poorer of AtLoi'ney auLliorIzi_ng Lhe execution of Lliis .irr,,Lrwn(!nL has riot been revoked and thcrL the said BETTY iG'As is now livincr, and is not insane,. CA'lEIJ under rr,y hand and official seal Lhe day and year last af,ovc wri Ll on. I'1caary I ubl ic, ir, ,irid for "Ale ;;fate of ,;JashingLon, rosidirrcr at fort Orchard ST;ATE OF WASHRIGTON ) } sS. COUNTY OF K ITSAP } 1, the undersigned, a Notary 1'ubl i c in and for_. the State of V-Jashinot.orl, hereby certify that on Lhi.s 1L day of Ire rsuna! 1 y appeared bef: ore me R•f)li;t i_N �� fj/ . t,�r rri,y r.o mt known instrurnerit., to beL11 lrrciividual described in arid wbo execu t r ,. ecloino arrd )ca ,c� ka'� c: use . he sicirrt�d the sane as �Lf reo and voluntary act and do �.F,L ! �:�r rl� : rr„ s arid purposes therein m(7iiLioncrd. C-1VEN under my hand and official seal the day and year last a Love writ.Lr_ri. Ho La ry Publ ic: in kind f or,-thm- State of' Washing Lon, residing at'Port t)rchard STiJE ()F COUNTY 01" I, the undersigned, a Notary public in and for the Slate of `,• ,t, .,�, „ -, hereby certify Lh;rL on Lh,i:; day of ',•, lr� r.l , personaIIy appeared before 11^,LELLE fv11R1.-kM ;;ll.:l.tuiJ 'kj,r 1f,'�LEL,LE 141111AM 13ELKHAP, to me known to be the individual d��:.c:ribed in and who executed Lhe for(!goinca iw-,LrumenL,p and acknowledged Ln-A �hc_ sigricd Lhe rarnt: is htt r free wid voluntary act arul deed, for the arid l,ur•1;oses Lher-Cin mentioned. {AVEH under my hand and official seal the dc-ry <nd year last above wri L-Lon. 1Jota ry F I i 1 1C-, i r I .rr,d I or fil;F, c f, re,; id irio' at SLATE OF 14A'w3)11VJGTuH } CU111JTY OF KIT )A P ) SLate Of y ' wl this g t day of 1 14 Y -0 194L, before me personally appeared I-114ED C. i1ANNAI1 and ki j�J:; C. 1,014EI.l.,, tL, 1110 known to he the President ,,rid Soc rc-: Lary-TreaSur.(-,r, resperc; Lively, of 11anrtah & I-owell , Inc. and executed Lhe ior.egoi.rrcl iw-Lrument., and arknowledyed said in;trurrienL to be the free grid voiurrLL-rry acL and deed of said corporation, for Lhe u:;os and purposes t.lie•rclri rr.entiorred, and on oaLh stated that Lhoy are authorized to execute !.aid ins Lrurr,ent and Lyra t the seal affixed is the corporate seal of said c or fora Li urr. GIVEN under my hand arid Iicial seal. the day year last above vrr i Lten. r;K 1Jt �rr-y f,ubl is in ajid I i)r- Llir, Sta Le u W r i ngton, re s id i ny at Porgy: orchard EXHIBIT A .,11 of that proporty lyino Northerly of the fo]- lowinj described tract situated in Block 13, First Addition to Sidney, as per plat thereof, recnrdc,d in '.1171j,re 1 of I'lats, pare 10, records of Kit -,an County, Jashinr;ton, together with flock 13 of :;idney Tir;elpr.(!s front.inq said Block 13 of First Addition to Sidney, as per pl,-it thereof on fill in the office of the C,-)-r:r,issioner of I ublic Lands in 01yr-pia, Washinnton: 1:F �1r;ni.nq at thr� point of ir.t(,rs-ction of the North line of E3.)y Stre.=t w: th Vic r.,,nter _] inn of Sidney >'reet, said point I Bing Norf h 00k'3' 30" 'tier,t `,c;, l5 feat of a :.)int of intersection of the r•,onu" E ,7f 1 ine of Ray 6tre—t anc! tl�e CF�ntf'r ]ine ,f :iic3ne,, :itrf,t; thr'nce North ('of3'30" ,J,�st 11n fer)t; theme,, so}]t.h f.'(o14.1:11("' East 131.' feat, lore or 1 �s, to tl;e rr�st ] ir1r� of l.ct 4tlrnCc 1-:4`43'30" Fast 1-'1 E,e+.; t!r,ncp o�.L1. tp'),,.1i,?011 East :(-,, .,ore �r ^ .`i t t lE' �S' 1 :.. )I 1 r)f 1 1 [.1 �cI,, 13 )r ,1 its Sidney; thence Sorrtr,rrly oion,-] Li.(, :- ;t l free �): quad Lot tc the Porth line of Fay t iiericp Nord., -7;terly :11 oric the 'dor to lino ot, R,iy a' ro f Iir:t (-) nr 1n7; ;F-.P*i : /- A portion of -hots 1 ti.rough 7 in Flack 13 c.f' Sidney Tldoiands, (locKted in Section 2E, `"own!ihl . 24 North, Pango 1 East 'f'.'.'., and If boin„ tidelands frontim Tots 1 trrcugh 7 in Block 13 of Pi.rst • Ad(?;tion to Sidney, aec(.,rrdin;, to flat t'.-rrfiof roco-ded in Volume 1 of Plats on pPge 10, records of ' tssp Cnunty) , descr tbed as follows CorrneancinF- at the i:c-•thwest corner of Lot 1 of said Tidelands; tY:ence Snutlr f,7°2'; ' Fast:, alonk the Inner harbor Line and the ex- l' ' tonHion thereof, to Interorict the East. 1 the of pald Lot 7; thence Jr ,)ti--, along said Fr.st line, 100 fnot; ti-ence ITorth 87029' Vies 125 feet., more or lenQ, to tno East line of sp,'d Lot 2; thence South 78031149" :Vest 57.40 feet to a point on the WeL�t. 1 ino of said Lot 1 which is 113 feet South of the Northwest corner of said Lot 1; thence ?;nrth, along said West line, 113 font to the point of beginning; T! �3—IiFP 'wT'IH that portion of said Lot 7 lying North of said ea -- tended Inner Iiarbor Tine and conf inmd to t13e 1nrer Parbor Line wl,icl) marks the North 11na of said I.ot 7; EX'CFFT the following descrited tract in the Yort}.vaest corner of the above described pror-ortr : k portion of Lot 1 in Block 13 of Sidney '"idelands, described as follows: Cemmonc'_ng at a point c)f lnter4ection of the i7not. linla of Sidney Otreet and the Northerly line of Fay Straet, and runnin; thenco North, along the Fast line of Sidney StrFet, lit? feet to the true point. of rr,crInnfnfr; thanes rT;nning North, Ftlon�-; the Past line of eldnoN ."•trpet, to the Nor•t'r.weat corner of Tot 1 in Block 13, plat of -Idnny lidolAnds fronting Plock 13 of Sidney FS.ret Addition; tnonce in an Easterly direction, along the Northor,y lino of ga1d, Tot 1, to a pei.nt thereon which is .?,Q"fegt Fast (when moasured at r1,7ht angl+,)si of the East line of said ;.!dnny street; thence South, parallel with the East line of Sidney Stroet, to a point .alb feet rive Fast of t.ho truer point of beF.innln; ; thence due ;lest to the trl-fi T)oint of beEjnninF. a perpetual-Fanoment- for-inFress_.and_.egreas for vehic„lar and/or foot trraval for the r,(,riefit of tl:e above described rael proporty ovor and acrcQs the followint, described real property abutting a portion of the rat.ove descr;'i.nd real property, on the South ide thereof; roT-rrrencirf; :at the Sout}:vrest corr.-ir ,:)f tl:e nbuve described real prnparty on the 'Nast line o:' saki Lot 'Al tt.ereof, bo•_r.g the true point oL' bow.1nnin7,; thhrice r;m;th, alr3nf; taro 'r,Rgt line of said Iot 1, a dist.nnee of 3) fart; tti,Ar,nn ^Ct'Tti. ""'n' Flat, t.o the Fast line of Tot ` thereof; thence `ortherly, alone the Fast lino of Lot 5, to Oio �'nnth l in- of t).e above deacrt hP i prr)nert.-,r; ti:Ht?Ce Westerly, along and foliowinrT the ^ronth lane of LY,o ah ve d62crtbad proporty, to the trr;e point: -)f boP-'Ln- ! n:• . t ^i+:Iinria 1r) K1',Rn,n ('r);,T, .�+_ Wnzhlns7firn..