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HomeMy WebLinkAboutCampbell, Mabel; Mabel Campbell; Neva Campbell Leons; Rosalee Campbell Walz - Sewer Easement 587983 PGS : 6 EASE Jefeerson4County WA Rudito0's' Office PODonnaWESdNDd9e, Auditor ■iii pfd r, After Recording Return To: Steve Gross,City Attorney City of Port Townsend 250 Madison Suite 2 Port Townsend,WA 98368 NO DEAL FSTATE EXCISE TAX REQUIRED JEFFERSON COUNTY TREASURER BY. SEWER EASEMENT REFERENCE DOCUMENTS: None Brief Legal Description of Property: S10 T30 R1W Tax 19 JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 001 104 009 GRANTOR: Mabel Campbell, Neva Campbell Leons, Rosalce Campbell Walz GRANTEE: City of Port Townsend, a Washington municipal corporation FOR AND IN CONSIDERATION OF One Dollar ($1.00), and other good and valuable Consideration, Mabel Campbell,Neva Campbell Leons, Rosalee Campbell Walz ("Grantors") hereby convey and warrant, in perpetuity, to Grantee, the City of Port Townsend, a Washington municipal corporation, its successors, and assigns, a perpetual, non-exclusive sewer easement over, through, under and across the following described property situated in Jefferson County, Washington, subject to and together with the Purpose and Terms of Easement set forth in this instrument: Abbreviated Legal Description of Property Subject to Easement ("Campbell Property") That parcel of land described in Statutory Warranty Deed recorded September 11, 2001, under Jefferson County Auditor's File No. 447597,in the Hammond Donation Claim No. 40, Section 10, Township 30,North, Range 1 West, W.M. Jefferson County, Washington. Legal Description of Easement ("Easement" or"Easement Area"): See attached Exhibit A Purpose and Terms of Easement. This Sewer Easement is for the purpose of granting the City of Port Townsend underground sewer easement rights through, under and across the described property in perpetuity for underground sewer facilities. There are no rights to any surface uses except as specifically provided in this Sewer Easement for access for the purpose of making sewer improvements, inspections and maintenance as set forth below. THE SEWER EASEMENT IS SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the described Sewer Easement for the purpose of making sewer utility improvements, inspections and maintaining sewer improvements, including but not limited to, inspecting, maintaining, improving, repairing, constructing, reconstructing, locating, relocating any sewer utility lines, and removing trees, shrubs or brush as necessary to accomplish these purposes and protect the sewer improvements. This is subject to paragraphs 2 and 5 below, and to the City giving 5 days notice except in the case of an emergency. 2. Any costs associated with inspection, maintenance, improvement, repair, construction, reconstruction, and improvements upon the property undertaken by the Grantee shall be borne by the Grantee. 3. This Sewer Easement shall be binding upon the Grantors and their successors and assigns, and binding on the Grantee and its governmental successor and assigns, and constitutes a covenant running with the land. 4. Structures and/or permanent storage within the above-described Sewer Easement are prohibited. This does not apply to fences, which are permitted. Driveways are allowed. Private utility lines are allowed in the Sewer Easement so long as they do not interfere with Grantee's facilities, and are separated as required by applicable law and regulation. 5. No trees shall be planted in the Sewer Easement area. Grantee has the right to remove vegetation or trees that in Grantee's judgment endanger or increase the costs to maintain, repair or reconstruct Grantee's improvements. 6. In connection with the exercise of any rights set forth in paragraph 1, the following applies: a. The City shall restore the property to previous grade. b. The City is not responsible for any restoration or repair of landscaping, vegetation, or any improvements within the Sewer Easement, except the City shall seed (or re-seed) in a manner that the City would impose on itself or contractors engaged in similar utility work in City easements or rights of way. c. If there is a perimeter fence disturbed by the City,the City shall restore the fence to the same condition as the fence was in before the City work. d. The City shall repair any damage to existing driveways, fences, aprons, roadways or buildings that the City damages. e. The City shall use reasonable efforts to preserve existing vegetation, so long as the cost of any work by the City on or for the utility is not increased. 7. This Sewer Easement is for the benefit of the City of Port Townsend, its governmental successors, and assigns. IN WITNESS WHEREOF, this Sewer Easement is executed this 1h day of aem p) r 2014. MABEL CAMPBELL: (.b Rosalee Campbell Walz, attorney-in-fact) C}� (1 �L.� -_���k/lj /1i'L��� t✓�' Gc P�1 � .l�t.'1 -��� �1 Cu�`fU Dated: / , ~b :5 2014 STATE OF WASHINGTON ) COUNTY OF i (JJ6 )I SS. On this '*day of D& 2014,before me the undersigned,a Notary Public duly commissioned and sworn,personally appeared Rosalee Campbell Walz,attorney-in-fact for Mabel Campbell,and known to be the individual who executed the foregoing Easement,and acknowledged said instrument to be her free and voluntary act and deed,for the uses and purposes therein mentioned,and on oath stated that she is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the year and d is certificate above written. Notary Public [print name] 40a:-7w.44 state of Washington NOTARY PUBLIC in and for the State of Andrew M Podolske Washington,County of Jefferson,residing in or mission expires 12-16_117appointment expires: 1 'z 14 V? NEVA MAE LEONS, listed on Title as NEVA CAMPBELL LEONS: It'/ Dated:,90, 'r 2014 STATE OF WASHINGTON ) 1 )SS. COUNTY OF <` �- ) On thistl+hday of `Ct r 2014,before me the undersigned,a Notary Public duly commissioned and sworn,personally appeared Neva Mae Leons, listed on Title as Neva Campbell Leons,known to be the individual who executed the foregoing Easement,and acknowledged said instrument to be her free and voluntary act and deed,for the uses and purposes therein mentioned,and on oath stated that she is authorized to execute said instrument. WITNESS my hand and official seal here7c)nTtA he year date in this certificate above written. 3 AN4,i.S D. [3 i--11 O N! (jI NO-1-Af-1,Y PUE:'s!_IC ame] �G1 rv1�' 1 Gr 1� k S-1 Ar�=.o.=WASHING G�oty RY PUBLI C in an�for e State of CONAIM1SSI0i`+EXPIf E S W shington,County of residing in (� 1\4AY 19 20 15 � co, 351 My appointment expires: ROSALEE CAMPBELL WALZ: � ���e..-�.- �� �2�►� ��--� h/eed: /�� , 2014 STATE OF WASHINGTON ) SS. COUNTY OF C� ) On this day of t e-k! 014,before me the undersigned,a Notary Public duly commissioned and sworn,personally appeared Rosalee Campbell Walz,known to be the individual who executed the foregoing Easement,and acknowledged said instrument to be her free and voluntary act and deed,for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the year and d ' this certificate above written. Notary Public .� Public [print name] , y) OL1 t7DY State of VVC`�$hgn Washington NOTARY PUBLIC in and for the State of g Washington,County of Jefferson,residing in Andrew M Podolske -A-q, - W-,q- M appointment expires: 1 �1� cmmi im xpir 12-16-1 APPROVED: CITY OF PORT TOWNSEND, a Washington Muni ' I Corporation David G. Tinimons, City Manager Date: 0� , 2014 Attest: Joanna Sanders, CMC, City Clerk Approved as to Form: teve Gross, City Attorney EXHIBIT A SEWER LINE UTILITY EASEMENT: A sewer line utility easement, over, under and across a strip of land, lying within that parcel described in Statutory Warranty Deed recorded September 11, 2001, under Jefferson County Auditor's file No.447597, in the Hammond Donation Claim No.40, Section 10,Township 30, North, Range 1 West,W.M. Jefferson County,Washington, said strip being 20.00 feet wide, lying 10.00 feet on each side of the following described centerline: Beginning at a point on the north line of the Plat of Galleon View Estates, said Plat recorded in Volume 6 of Plats, Page 40, records of said Jefferson County, said point lying South 890 06,40" East, a distance of 293.48 feet from the NW corner of Lot 18 of said Plat; Thence North 330 58' 18"East, a distance of 137.26 feet to a point on the south line of the Norwood Short Plat, said Short Plat recorded in Volume 2 of Short Plats, Page 135, records of said Jefferson County, said point lying South 890 06'44"East, a distance of 162.44 feet from the SW corner of Lot 2 of said Short Plat and said point being the end of this centerline description. Sidelines are lengthened or shortened as needed to terminate on said north and south lines. END OF DESCRIPTION ;i:ALA 6. fir-