045-10 - City of Bremerton - ContractReturn Address: City Clerk
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, WA 98337
AUDITORIRECORDER'S INDEXING FORM
Document Tlae(s): I. Water Reservoir Easement
Reference Numbers) of Documents assigned or released: N/A
I Grantor(s): 1. City of Port Orchard
[J Additional names on page of document.
Grantee(s): 1, The City of Bremerton
Additional names on page _ of document
Legal Description: Portion of the NE '/,, NE ''A of Sec. 7 and N W '/. , N W '/. of Sec 8, all of T. 23N., RA E.,
(abbreviated) W,M, situate in Kitsap County, WA.
❑ Additional legal is on page 4 of document.
Assessor's Property Tax Parcel/Account Number: 072301-1-006-2003 and 082301-2-001-2005
! Project Name: Future W-580 Zone Reservoirs
WATER RESERVOIR EASEMENT
(Corporate)
THIS INSTRUMENT made this 1 l day of Ar� Earl , 206)o , by
and between CITY OF PORT' ORCHARD (hereinafter "Grantor") and the CITY OF
BREMERTON, a Washington municipal corporation of Kitsap County, State of
Washington (hereinafter "Grantee").
WITNESSETH that Grantor for and in consideration of mutual benefits derived
and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor,
do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its
successors and/or assigns, a utility easement for water reservoirs, sewer, water, stormwater
and/or other municipal utilities, with necessary appurtenances, over, through, actress and
upon the following described property situated in Kitsap County, Washington, more
particularly described as follows:
WATER RESERVOIR EASEMENT (Corporate) - Page 1 of 4
SEE EXHIBIT "A" ATTACHED
Grantee shall have the right, without prior institution of suit or proceeding at law, at
times as may be necessary, to enter upon the above -referenced property and immediately
adjacent incidental areas with the necessary equipment for the purposes of altering,
installing, operating, maintaining, extending, constructing, repairing, and reconstructing
the utility/utilities, or making connections to that system; provided, however, that the
private improvements existing within this easement area and the immediately adjacent
incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or
destroyed, they will be replaced in as good a condition as they were immediately before the
properties were entered upon by the Grantee.
Grantor shall retain the right to access the surface of this easement, including the
immediately adjacent incidental areas, so long as that access is not inconsistent with and
does not interfere with the rights and uses granted to Grantee in this document. Under no
circumstances shall Grantor place any cement, concrete, structure, trees, large shrubs or
any other objects on the property described in this easement or the immediately adjacent
incidental areas in a manner that would interfere with Grantee's use of the easement.
This easement shall be a covenant running with the land, and shall bind Grantor's
successors and assigns and all future owners of the real property affected by this easement.
By:�
Its:_
DATE:
(Now), AcknmrleAgeiem Appears on Next Page)
WATER RESERVOIR EASEMENT (Corporate) - Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this _H day of _ 20fo , before me a Notary Public in
and for the State of Washington, ersonal y appeared )-�C Ty CbD6iO)a
to me known to be the C1 VZor of the City of Port Orchard, a
municipality that executed the foregoing n, strument, and acknowledged it to be the free and
voluntary act and deed of the municipality, for the uses and purposes mentioned in this
instrument, and on oath stated that he/she/they was/were authorized to execute said
instrument.
-Notmy Seal Musl Appear Within This //B".
IN WITNESS WHEREOF,1 I)aye hereunt het my Ijand and official seal the day and year
first above written. / I /I I r
NOTARY PUBLIC, in and
of Washington, residing at,
My appointment expires _
APPROVED AS TO FORM:
*y�AA
A. LUBO2V[CH
Citttorney
R:\LEGAL\Forms\Eascnwats\Ulilily Easement Form (Corpornte).doc
WATER RESERVOIR EASEMENT (Corporate) • Page 3 of 4
EXHIBIT "A"
That portion of the northeast quarter of the northeast quarter of Section 7 and the northwest
quarter of the northwest quarter of Section 8, all of Township 23 North, Range 1 East,
Willamette Meridian, situate in Kitsap County, Washington more particularly described as:
Beginning at the northeast corner of said Section 7, also being the northwest corner of said
Section 8; thence southerly along the section line S 1 55'45"W 476.35 feet to the True
Point of Beginning; thence leaving said section line S 45 10' 12" W 18.79 feet; thence
parallel with the north line of the south half of the north half of the said northeast quarter
of the northeast quarter, N 87 37'09" W 137.13 feet; thence N 1 55'45" E 160.01 feet to
the said north line of the south half of the north half; thence N 87 37'09" W 250.01 feet
along said north line; thence leaving said north line, S 1 55'45" W 190.01 feet; thence S
87 37'09" E 400.01 feet to the said section line; thence N 45 10' 12" E 138.32 feet;
thence S 47 08'23" E 140.10 feet to the northerly right of way margin of Old Clifton
Road; thence along said northerly right of way, N 42 5l'37" E 35.00 feet; thence leaving
said northerly right of way, N 47 08'23" W 168.71 feet; thence S 45 10' l2" W 140.24
feet to the True Point of Beginning.
WATER RESERVOIR EASEMENT (Corporate) - Page 4 of 4
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DATE SUBMITTED: March 3, 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
...................................................................................... a.
SUBJECT: Acceptance of Easement for Committee Meeting Date:
March 10, 2010
W580 Zone Reservoir from the City of Port COUNCIL MEETING Date:
March 17, 2010
Orchard. Department:
PW&U Engineering
Presenter:
Michael Mecham
Phone:
473-5288
SUMMARY: Several years ago, the City of Bremerton and the City of Port Orchard entered into an
agreement for joint water use in the Anderson Hill and McCormick Woods area. The intent of the
agreement was as development occurs in that area both water systems would become independent, but
until that time it was felt that it was prudent to have a joint use agreement. As part of that agreement,
the City of Port Orchard was to give the City of Bremerton an easement to construct a 580 pressure
zone reservoir. This agenda bill is to accept the conveyance of an easement to build a W580
reservoir. Although the construction of the new W580 reservoir will not happen for a few years, it
sets the stage for the reservoir to be built.
ATTACHMENTS: 1. Council Summary; and 2. Water Reservoir Easement
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DIRECTOI
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Easement for W580 Zone Reservoir and
authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Q Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
COUNCIL SUMMARY
EASEMENT FOR 580 RESERVOIRS
Several years ago, the City of Bremerton and the City of Port Orchard entered
into an agreement for joint water use in the Anderson Hill and McCormick Woods
area. The intent of the agreement was as development occurs in that area both
water systems would become independent, but until that time it was felt that it
was prudent to have a joint use agreement. As part of that agreement, the City
of Port Orchard was to give the City of Bremerton an easement to construct a
580 pressure zone reservoir. This agenda bill is to accept the conveyance of an
easement to build a W580 reservoir. Although the construction of the new W580
reservoir will not happen for a few years, it sets the stage for the reservoir to be
built.
March 2010
Council Summary