HomeMy WebLinkAboutLegal Description - PLN General - 10/12/1996 LEGAL DESCRIPTION OF BYERLY'S PROPERTIES
Situate in Mason County,Washington:
PARCEL A
A tract of land in the Northeast quarter(NEI/4) of the Northwest quarter(NW1 /4)
of Section sixteen(16),Township twenty-three(23)North, Range one(1)West,
W.M., particularly described as follows:
BEGINNING at the Northwest corner of said Northeast quarter(NEI /4), said
Section, township and Range(this point being marked by a big iron post); thence
South 89 01' 30" East, along the North line of said Northeast quarter(NEI /4)
of the Northwest quarter(NW1 /4), 279.6 Feet, more or less, to an iron post on
the Southeasterly margin of the Old Belfair Highway; thence South 45 Degrees West,
along the South Easterly line of said Highway, 143.6 feet to an iron post at the
Northwest corner of the tract of land to be described, and the true point of
beginning; thence South 50 degrees 27 feet 30" East 1470.1 feet, more or less,
to the East line of said Northeast quarter(NEI /4) of Northwest(NW 1/4), and
and iron post set at the Northeast corner of the land described; thence South
0 degrees 15 feet East,along the East line of said Northeast quarter(NE 1/4)
of Northwest quarter(NW 1/4),300 feet to an iron post set at the Southeast
corner of the land to be described; thence North 44 degrees 15 feet 30"West
1677. 53 feet more or less, to an iron post set on the Southeasterly margin of
said Old Belfair Highway; thence North 45 degrees East, along the Southeasterly
line of said highway, 50 feet, more or less, to the said point of beginning,containing
4.877 acres, more or less.
Subject to all the provisions,exception and reservations contained in the deed
from the State of Washington.
PARCEL B
A tract of land in the Northeast corner(NE 1/4) of the Northwest quarter(NW 1/4)
of Section 16,Township 23 North , range 1 West, W.M., particularly described as
follows:
BEGINNING at a point on the North line of said Northeast quarter(NE 114)
of Northwest quarter(NW 1/4) at the intersection of said North line with the
Southeasterly right-of-way line of the Old Belfair Highway,which point is
REEL 0852 FR ,.�704
I
279.6 feet East from the Northwest corner of said Northeast quarter(NE 1/4)
of Northwest quarter(NW 1/4); thence South 50 degrees 27 feet 30 inches East
600 feet; thence Southwesterly, parallel with Southeasterly right-of-way line
of said Old Belfair Highway, 143.60 feet, more or less, to the Northeasterly line
of a tract of land heretofore conveyed by Ellis Bancroft to Edward Sayrander
and Irene Dorothy Sayrander, his wife, by deed recorded in volume 80 of deeds,
page 270,under auditors file# 104768; thence North 50 degrees 27 feet 30 inches
West, along the Northeasterly line of said Sayrander tract,600 feet, more or less,
to the Southeasterly right-of-way line of said Old Belfair Highway; thence
Northeasterly,along said right-of-way, 143.6 feet, more or less, to the point of
beginning.
PARCEL C
A portion of the Northeast quarter of the Northwest quarter Section 16,
Township 23 North, range 1 West,W.M. described as follows:
BEGINNING at the Northwest corner of the Northeast quarter of the northwest
quarter(this point being marked by a big iron post); thence South 89 degrees
1 foot,3-inches East along the North line of the Northeast quarter of the
Northwest quarter 279.6 feet,more or less, to an iron pipe in the Southeasterly
margin of Old Belfair Highway, thence South 45 degrees West along said
Southeasterly line of said highway 143.6 feet to an iron post; thence continuing
along said Southeasterly line of said highway 50 feet, more or less, to an iron post
in said margin and the true point of beginning of this description; thence
South 44 degrees 15 feet 30 inches East 1677. 53 feet,more or less, to an iron
post; thence West parallel to the South line of the Northeast quarter of the
Northwest quarter to a point 1020 feet East of the Southeast corner of the
Northeast quarter of the Northwest quarter; thence North 37 degrees 38 feet
15 inches West 1494.03 feet,more or less, to the Southeasterly margin of the
Old Blear Highway; thence Northeasterly along said margin 50 feet,more or
less, to the true of beginning.
VRS CGB J613 KRB LGB
BI\ONGOING\SEAMANS.DES
A. F. #e 9503150020
REEL 0852 F R 2705
EASEMENT
Comes now VICTOR R. SEAMANS, a married man whose wife is, R.
KATHLEEN SEAMANS, dealing in his sole and separate property, as
owner of the numbered parcels hereafter referred to; and further, Comes now
to CLAUDE G. BYERLY,JANICE G. BYERLY, husband and wife, and
KURT R. BYERLY, LORI G. BYERLY, husband and wife, who are in combination
the owners of the letter designated parcels hereafter referred to, and each do
enter into this agreement for the establishment of a perpetual easement and
the installation of a bridge crossing the stream which passes through both sets
of properties.
The Byerly's are in combination the owners of Tracts A, B, and C
described on the attached exhibits.
The parties agree that Parcel 1 and Parcel C are adjacent and have a
common line between them their entire length.
The easement herewith established is for road egress and ingress and
utilities, the latter may be installed either above or below ground. the grant of
utility easement shall include the right of either sets of parties, their successors or
assigns, to grant easement for utility installation and maintenance over any
portion of the easement route to and entity supplying a utility service to any
portion of the property. Such third party easement grant shall be on the condition
ITSAP COUNTY CHC�'
EXCISE TAX EXEMPT PILED-BY: VIC SEAMANS
MAR 151 5995+ 10:42 AID
EASEMENT IOR 1 1 KAREN ELYNN5 AUDITOR
CLERK: FREEMAN
TREk%X7ER REEL. 0852 F -42"698
that the serving utility shall not interfere with the uses to which the land
owners are putting their property or the easement.
The easement herewith created shall run with the land and be
binding on and for the benefit of the land owners, their successors, and
assigns.
The easement shall be fifteen (15) feet in width, provided that at
the bridge location the width shall increase to that necessary for construction
and maintenance of the bridge, its abutment and approaches.
The location of the easement is generally described as follows:
The route of a presently constructed road which is located on Seamans
Lot 1 and 2 and a portion of Byerly Lot C to the West side of Union
River and is generally described as:
BEGINNING at the Northwest corner of Seamans lot 2 and running
South approximately 200 feet along the West line of Lot 2,then on
a curving route to the left and Easterly to the Union River.
The Byerly's and Seamans in joint agreement, will determine the
location of the bridge site and the route of the easement beyond Union
River which will be generally on a looping right curve across Lots C and B
and A returning to the East line of Lot 2 and proceeding Southerly along
that line to a turn to the right and running Westerly through Lots 1,2, and 3.
EASEMENT 2 A. F. *.- 950315000
REEL 0852 F -2---'69'9
When the road and bridge are completed, Seamans shall cause the
road and bridge location to be surveyed and documentation of that location
recorded. This thereafter shall be the description of the permanent easement
location.
The consideration for this easement is the mutual grant of easements
between the parties for the benefit of and binding upon their respective parcels.
Seamans as owner of his property herewith agrees to install a steel
vehicular bridge, including abutments and approaches sufficient for passenger
vehicle traffic to cross Union River at a location as indicated.
Maintenance of the bridge shall solely be a burden of the Seamans or
ownership's of his parcels within the Seamans property herein described that
may exists from time to time.
Destruction of the bridge by flood or other natural catastrophe or
by over-burden shall be repaired by Seamans or property owners of his
parcels.
Each of the parties Seamans, Claude G. Byerly,Janice G. Byerly,
Kurt R. Byerly, and Lori G. Byerly, each herewith as to the property in
A- F. #: 950 3150020
EASEMENT 3 REEL. 0852 FR 2700
which they have an interest, convey and warrant unto the other parties
this agreement for the benefit of said other parties property herein described,
an easement as herein described. Each as to their property herewith
burdens that parties property with the obligations herewith assumed.
The obligation to construct or maintain a bridge is conditional
upon the obtaining of all necessary permits from all regulatory agencies
and political entities having or asserting jurisdiction to that subject matter.
The obligation to construct and maintain the bridge is also
conditioned upon Seamans being able , at his own expense, to obtain title
insurance to the full cost of a bridge construction showing that he has
clear title to the right to construct and maintain the bridge at that site.
This condition shall be deemed satisfied as evidenced by the recording of
this easement at the request of Seamans.
DATED THIS DAY OF _ ,1995
VICTOR R. SEAMANS
CLAUDE G. BYEITI,Y JANICE G. BYLrRtY
KURT R. BYERLY LORI G. BYERLY
EASEMENT 4 REEL*&n'P�� i
STATE OF WASHINGTON)
)SS.
COUNTY OF KITSAP )
On the V day of wr f17 , 1995,personally appeared
before me VICTOR R. SEAMANS,to me known to be the individual who
executed the foregoing EASEMENT and acknowledged the same as his free
and voluntary act and deed. �J',at.f. ..
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NOTA Y LIC in and for the
State of Washington,residing at :`; >�' � o
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My commission expires: -7-t-
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STATE OF WASHINGTON)
)SS.
COUNTY OF MASON )
On the ,day ofA , 1995,personally appeared
before me CLAUDE G.BYERLY,to me known to be the individual who
executed the foregoing EASEMENT and acknowledged the same as his free
and voluntary act and degU\NAI
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COUNTY OF MASON )
On the f day of /i/r�,�kly , 1995,personally appeared
before me JANICE G.BYERLY,to me known to be the individual who executed
the foregoing EASE and acknowledged the same as her free and voluntary
act and deed. .rb 'XN�
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STATE OF WASHINGTON)
)SS.
COUNTY OF MASON )
On the day of / � , 1995,personally appeared before
me KURT R BYERLY,to me known to be the individual who executed the foregoing
EASEMENT and acknowledged o� S his free and voluntary act and deed.
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STATE OF WASHINGTON)
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COUNTY OF MASON )
On the ,: day of , 1995,personally appeared before
me LORI G.BYERLY,to me known to be the individual who executed the foregoing
EASEMENT and acknowledged the same as her free and voluntary act and deed.
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EASEMENT 6