HomeMy WebLinkAboutOdell, Norm - Trail Easement Agreement AGREEMENT
(Easement)
This Agreement is made between City of Port Townsend ("City") and Norm Odell (Odell) this day of
h 2014 (last day of person signing below).
In consideration of their mutual and respective promises, the City and Odell agree and acknowledge as
follows:
1. Odell owners property at 258 Cedar, Port Townsend WA(Lots 73,74, 75 of Supplementary Plat
to Cherry Park per Plat recorded in Volume 2 of Plats, page 19, records of Jefferson Co., WA,
Parcel No. 943 200 028).
2. City desires to acquire and Odell to sell a 10' wide easement along the westerly end of the
property that would provide a trail connection between Cedar and Center Streets. The price for
the easement is $9,442.
3. A complication is that title to the Odell property is held by Odell and Deanna Isley. Isley has
agreed to deed her interest in the property to Odell. Excise tax is required to be paid to record a
deed from Isley to Odell. County Treasurer estimates the tax at about$1,426 based on a
$110,000 mortgage balance owing in 2005 (date of deed from Isley). The amount should be less
if the mortgage balance was less in 2005 or if the deed is re-done to a current date with tax
based on a current mortgage balance. According to the Tax Statement signed in 2005, the debt
amount was$101,000, so the tax should be based on this amount.
4. The City and Odell agree to the proceed as follows:
a. Within 10 days of the date of this Agreement, Odell will deliver to City Attorney John
Watts in trust the following documents (attached) for Watts to deliver to First American
Title Company (FATCO).
1) Signed Non-Motorized Easement.
2) Original of Isley deed.
3) Original of supplemental excise tax affidavit.
Odell will cooperate with FATCO to sign any additional documents needed to implement
the recording of the Easement, for example, an excise tax affidavit on the Isley deed and
if required an excise tax affidavit to record the Easement.
b. Within 10 days of City Council approval of this Agreement, City will deposit$6,600 plus
recording and escrow fees to FATCO.
5. By this agreement, FATCO is instructed within 15 days of the date of receipt of all documents,
and the City's notice that the Agreement has been approved by the City Council, to record the
easement, pay required excise tax, and transmit the balance of$6,600 to Odell (minus the
excise tax required to be paid to record a deed from Isley). The City will pay all recording and
escrow fees, and any excise tax to record the easement. City at its sole cost may require title
insurance insuring clear title to the easement to the City.
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6. In addition, City agrees to assist with a request to the County Assessor to seek a revaluation of
the Odell property downward based on the fact of the easement. The former Assessor
indicated to the City that he was willing to do this in the 5-10% range, but there are no
guaranteed outcome with the new Assessor.
7. The City's obligation is contingent on City Council approval. City has until June 17 to provide City
Council approval, and if not this Agreement terminates.
8. This is the complete agreement of the parties on this matter, and no amendment or change is
effective unless in writing and signed by the parties.
SELLER: Now Odell
c ' Dated: ?
PURCHASER: City ofrt7�w send
By: . Approved as to form:
David Timmons, City Manager
Dated:
John Watts, City Attorney
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585937 PGS : 3 EASE
08/2912014 04:19 PM $74.00 FIRST AMERICAN TITLE
Jefferson County WA Auditor's Office - Donna Eldridge, Auditor
Mill FFA X4WA4GAKAFKMAIA IN& 11111
After recording return document to:
City Attorney
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
nAll A-
NON-MOTORIZED EASEMENT
Grantor: NORMAN ODELL
Grantee: City of Port Townsend, a Washington munici I� o ti n
FOR AND IN CONSIDERATION OF One Da a ($1.00) an other good and valuable
consideration, Norman Odell, an unmarried man "G for"),hereby conveys and warrants, in
perpetuity, to the City of Port Townsend, a Wa nicipal corporation("Grantee"), its
successors and assigns, a perpetual exclusive in t u er, over,through and across the
following described property situate ' ffe o , Washington, commonly known as
1258 Cedar Street,Port Townsend, Iega sc ib s:
1. Legal Description of Property Su ec to a ent("Grantor's Property")
Lots 73,74, 75 Sup taeo Cherry Park,Vol. 2,page 19 of Plats,Records of
Jefferson County, t tee s ' on
2. Legal Description o Ea me asement"or"Easement Area"):
A ten foot i e s \a1Qng the westerly property line, Lot 75 of Supplementary Plat
Cherry Par , ort wnsend,Jefferson County,more shown on the map attached as
EXHIBIT a he hereto and incorporated herein by this reference.
JEFF OUNTY ASSESSOR TAX NO. 943-200-028
Th ne it i or the purpose of granting the City of Port Townsend easement rights over,
ough, cr s the easement area for nonmotorized uses and purposes only, including any
p veme t related thereto. Non-motorized use includes non-motorized bicycles, scooters,
an hee c irs (except, wheelchairs with batteries may be used by persons with disabilities
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needing wheelchairs),provided,this does not prevent City motor vehicles from performing
construction or maintenance within the easement area.
This easement is subject to the following terms and conditions, agreed to by the City of Port
Townsend(as evidenced by the signature of the City Manager below)and Grantors:
L City shall construct for the owner a 6' high solid board fence on the owner's property
adjacent to the east side of the 5' easement.
2. Grantor shall setback and not build any structures or locate any portio o ture
within the easement area or within a distance of 5' from the east sid a nt.
For purposes of calculating lot coverage for Grantor's property{ -75) 1
coverage shall be calculated based on the total area of lots 73-7 - (wit o t an
deduction for the 5' easement area).
3. This agreement shall be binding upon the Owner,Owner' irs,`pe son
representatives, successors and assigns, and the ea nt aUn6 edged and declared
to be a covenant running with the above-describ d
4. Grantee agrees to indemnify, defend, and hold less G�a for from any and all claims,
losses,costs,liabilities, injuries and/or damages clu easonable attorneys' fees)
suffered by any person or property whit ay be cause y or arising out of,directly or
indirectly,the Grantee's or its agents', c tr ors', licensees' or invitees', exercise of the
rights granted herein, including but not limi t ,claims arising from or resulting from
any construction,repair or maintenan e it ' t easement area,provided that Grantee
shall not be responsible for any lai s m the negligence or intentional conduct
of Grantor, Grantor's successo as i mployees,agents or independent
contractors.
Dated: 3@��
N RMAN ODELL �
AGREED:
City Manager
Dated:
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585937 Page 3 of 3 0812912014 04:19 PM
STATE OF WASHINGTON }
COUNTY OF JEFFERSON }
I certify that I know or have satisfactory evidence that NORMAN ODELL signed is instrument
and acknowledged it to be their free and voluntary act for the uses and purposes m n 'oned in the
instrument. Dated: '�s Zo(4 ._....._...__.._._._._._..__ ._
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