HomeMy WebLinkAboutCampbell, Mabel; Neva Mae Leons; Rosalee Campbell Walz; Mabel Campbell - Rescission of Utility Easement 587982 PGS : 4 EASE
12/0912014 11:17 AM $75.00 JOHN MCDONAGH
Jefferson County WA Auditor's Office - Donna Eldridge, Auditor
Steve Gross, City Attorney
City of Port Townsend
250 Madison,#201
Port Townsend,WA 98368
NO R.F AL ESTATE
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JEF•FEFISON COUNTY'fHEASURER
BY:
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RESCISSION OF UTILITY EASEMENT }
REFERENCE DOCUMENTS: AFN 191618
Brief Legal Description of Property: Tax 19
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 001-104-009
GRANTOR: City of Port Townsend, a Washington municipal corporation
GRANTEE: Neva Mae Leons, a married woman as her separate estate
Rosalee Campbell Walz, a married woman as her separate estate
Mabel Campbell, as her separate estate
THIS RECISION OF UTILITY EASEMENT is made this ° day of December,
2014 by the City of Port Townsend, Washington.
Legal Description of Property Subject to this Easement Recession ("Campbell Property")
See attached Exhibit A
Recitals:
1. Two (2) utility easements were granted to the City of Port Townsend in January 1967 via
a document filed under Auditor's File Number(AFN) 191618, Records of Jefferson
County, WA. Both utility easements provide a permanent 10 foot wide component as
well as a 25 foot wide temporary construction component.
2. The first easement filed under AFN 191618 (Easement A) runs generally east-to-west,
parallel with the north line of the subject property. It presently contains an existing city-
maintained sewer line, approximately 358 feet in length. This line terminates with a
sewer manhole in the vicinity of the Wilson Street cul-de-sac. The second easement of
AFN 191618 (Easement B) runs generally north-to-south and parallel with the west line
of the subject property. It does not contain any developed public or private infrastructure
nor has it ever been utilized for the purposes for which it was established.
3. Grantee (Campbell, et al) has allowed, per separate unrecorded Agreement with the City,
the installation of a new sewer line across the subject property. This new line, completed
in July 2014, was installed outside of either Easement A and B. In general, the new
sewer line bisects the subject property running in a north-to-south direction between the
cul-de-sac public street ends of Kanu Drive and Wilson Street. With completion of this
city-initiated capital improvement project, gravity sewer service is made available to the
existing residential area along Kanu Drive and an existing city-maintained sewer lift
station for the area is no longer needed.
4. In exchange for allowing the new sewer line installation, the City agreed to facilitate
processing and recording of a 2 lot short plat on Grantee's subject property. As part of
the subsequent short plat approval and filing, Grantee agreed to reserve a new 20 foot
wide utility easement for benefit of the City atop the newly installed sewer line. Among
other things,the City also agreed to extinguish, or rescind, the unused and unnecessary
north-to-south public utility easement reserved under AFN 191618 (Easement B).
5. The City desires to retain all original rights granted to it with regards to Easement A,
including the right to install, construct, replace, repair, maintain and operate a sewer pipe,
lines and all necessary connections and appurtenances thereto.
6. The City does not anticipate a need for any additional public utility easements across the
subject property beyond those existing within Easement A and that being established as
part of the short plat filing. As the original purpose and benefits anticipated from
Easement B have never been utilized, are no long deemed necessary for the public's
interest, and have been fulfilled elsewhere via the assistance of the Grantee, the City
desires to rescind Easement B.
THEREFORE, based on the above Recitals, and for other good and valuable
consideration, City of Port Townsend ("Grantor") hereby rescinds and releases any interest it has
in the Easement reserved under AFN 191618 (Easement B as defined above), and conveys it's
interest in said easement to Neva Mae Leons, a married woman as her separate estate, Rosalee
Campbell Walz, a married woman as her separate estate, Mabel Campbell, as her separate estate
("Grantees").
IN WITNESS WHEREOF, this Rescission of Utility Easement is executed this
day of December, 2014.
David ' im ons:
Dated: t3 , 2014
STATE OF WASHINGTON )
)SS.
COUNTY OF� 0- )
On this tam day of December,2014,before me the undersigned,a Notary Public duly commissioned and
sworn,personally appeared David Timmons,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 ial seal hereto affixed the year and da e mi this certificate above written.
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Appro o Form:
Steve Gross, City Attorney
EXHIBIT A
That portion of the Hammond Donation Claim No. 40 in Section 10, Township 30 North, Range
1 West of the Willamette Meridian, more particularly described as follows:
Beginning at the southwest corner of Block 274 of the Eisenbeis Addition to the City of Port
Townsend, as per plat recorded in Volume 2 of Plats, page 24, records of Jefferson County,
Washington;
Thence South on a line parallel to the east line of Block 294 of said Eisenbeis Addition, a
distance of 115 feet;
Thence East parallel to the south boundary line of said Section 10 to the Government Meander
Line;
Thence in a Northeasterly direction along said Government Meander Line to a point that lies
directly east of the point of beginning (said point being the Southeast corner of Tax No. 13 in
said Section 10, now platted as Norwood Short Plat, as per plat recorded in Volume 2 of Short
Plats, pages 135 and 136, records of Jefferson County, Washington);
Thence West to the place of beginning;
EXCEPTING THEREFROM the right of way of the Port Townsend Southern Railroad;
TOGETHER with a perpetual easement and right-of-way over and across a strip of land 15 feet
in width, lying directly south and adjacent to the above described tract;
ALSO, an easement and right-of-way over a road commencing at the starting point described in
the above description;
Thence South along the west side of the above described tract, 115 feet;
Thence West 66 feet;
Thence North on a line parallel to the east line of Block 294 of said Eisenbeis Addition, 115 feet
(said point being the southeast corner of Block 275 of said addition);
Thence East 66 feet to the place of beginning.
All situate in the County of Jefferson, State of Washington.