HomeMy WebLinkAboutOdell, Norman - Non Motorized Easement (585937) 585937 PGS : 3 EASE
08/29/2014 04:19 PM $74.00 FIRST AMERICAN TITLE
Jefferson County WA Auditor's Office - Donna Eldridge, Auditor
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After recording return document to:
City Attorney
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
NON-MOTORIZED EASEMENT
Grantor: NORMAN ODELL
Grantee: City of Port Townsend, a Washington municipal corporation
FOR AND IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable
consideration, Norman Odell, an unmarried man("Grantor"), hereby conveys and warrants, in
perpetuity, to the City of Port Townsend, a Washington municipal corporation("Grantee"), its
successors and assigns, a perpetual exclusive easement under, over, through and across the
following described property situate in Jefferson County, Washington, commonly known as
1258 Cedar Street, Port Townsend, legally described as:
1. Legal Description of Property Subject to Easement("Grantor's Property")
Lots 73, 74, 75 Supplementary Plat of Cherry Park, Vol. 2, page 19 of Plats, Records of
Jefferson County, State of Washington
2. Legal Description of Easement ("Easement" or"Easement Area"):
A ten foot wide strip along the westerly property line, Lot 75 of Supplementary Plat
Cherry Park, Port Townsend, Jefferson County, more shown on the map attached as
EXHIBIT A attached hereto and incorporated herein by this reference.
JEFFERSON COUNTY ASSESSOR TAX NO. 943-200-028
This Easement is for the purpose of granting the City of Port Townsend easement rights over,
through, and across the easement area for nonmotorized uses and purposes only, including any
improvements related thereto. Non-motorized use includes non-motorized bicycles, scooters,
and wheelchairs (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:
1. 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 portion of a structure
within the easement area or within a distance of 5' from the east side of the easement.
For purposes of calculating lot coverage for Grantor's property (Lots 73-74-75), lot
coverage shall be calculated based on the total area of lots 73-74-75 (without any
deduction for the 5' easement area).
3. This agreement shall be binding upon the Owner, Owner's heirs, personal
representatives, successors and assigns, and the easement is acknowledged and declared
to be a covenant running with the above-described land.
4. Grantee agrees to indemnify, defend, and hold harmless Grantor from any and all claims,
losses, costs, liabilities, injuries and/or damages (including reasonable attorneys' fees)
suffered by any person or property which may be caused by or arising out of, directly or
indirectly, the Grantee's or its agents', contractors', licensees' or invitees', exercise of the
rights granted herein, including but not limited to, claims arising from or resulting from
any construction, repair or maintenance within the easement area, provided that Grantee
shall not be responsible for any claims arising from the negligence or intentional conduct
of Grantor, Grantor's successors and assigns, employees, agents or independent
contractors.
Dated:
q .
N RMAN ODELL
AGREED:
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City Manager
Dated:
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STATE OF WASHINGTON )
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that NORMAN ODELL signed this instrument
and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the
instrument. Dated:
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