HomeMy WebLinkAboutCity of Port Townsend - Allen, Janet - Amendment479845
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12/30/2003 08:13A
Jefferson County, WA CITY OF PORT TOWNSEN AMEND 21.00
John P. Watts, City Attorney
City of Port Townsend
181 Quincy Street, #201
Port Townsend, WA 98368
Telephone: 385-5991 Fax: 385-4290
AMENDMENT TO
REVOCABLE NO -BUILD EASEMENT AGREEMENT
Reference (related) number(s) of documents assigned or released: Revocable No -Build
Easement Agreement recorded in Jefferson County, Auditor #458983, dated August 14, 2002.
Grantor: City of Port Townsend, a Washington municipal corporation
Grantee: Janet E. Allen, a single person
In consideration of the resolution of differences concerning the issuance of a building
permit to Jana Allen under Permit No. BLD02-197, that have arisen between the parties
subsequent to the execution of the Revocable No -Build Easement Agreement, the City of Port
Townsend, Grantor, and Janet E. Allen, Grantee, hereby agree to the following Amendment to
Revocable No -Build Easement Agreement executed June 5, 2002, and August 5, 2002 by Janet
E. Allen:
1. Easement Area. The easement area is amended to read:
Port Townsend Original Townsite, Block 52, Lot 4, Jefferson County, WA.
Easement Area: The Easterly 20 feet of the City Property above described.
Legal Description of Allen Property (The Benefited Property) PeLraed
Port Townsend Original Townsite, Block 52, Lot 2 and Portion of Vacated Street,
Jefferson County WA
2. Allen acknowledges and accepts as a true and accurate survey and description of
boundaries and monumentation a survey dated February 7, 2002 by Brian Van Aller Surveying,
479645
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12/30/2003 08:138
Jefferson County WA CITY OF PORT TOWNSEN AMEND 21.00
City/Allen — Amendment to Revocable No -Build Easement Agreement Page 2
recorded at Auditor's File No. 452294, Vol. 24, Page 13, Jefferson County, Washington.
3. Use and Encroachment. Allen shall not use or encroach into the Easement Area except
upon written permission of the City. Any use or encroachment Allen has made at any time, or
makes at any time in the future, in the Easement Area shall be deemed by permission of the City
and shall under no circumstances give rise to any claim or right of prescriptive easement or
adverse possession.
4. Revocable No -Build Easement Agreement Not Otherwise Affected. Except as set
forth in this modification, the terms and conditions of the Revocable No -build Easement
Agreement are not otherwise affected.
IN WITNESS WHEREOF, this Amendment to Revocable No -Build Easement
Agreement is executed this k 5-Nday of October, 2003.
GRANTOR:
City of Port w
By:
David G. T
Attest:
Manager
(AL,la
Pamela Kolacy, CMC )
City Clerk
Date: '2003
Approved as to Form:
John Watts
City Attorney
c
X, Date: c °� , 2003
Janet E. Allen
479645
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12/30/2003 08:13A
Jefferson County, WA CITY OF PORT TOWNSEN AMEND 21.00
City/Allen — Amendment to Revocable No -Build Easement Agreement Page 3
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
On this day of 2003, before me the undersigned, a Notary Public duly commissioned
and sworn, personally appeared David G. Timmons, known to be the City Manager of the CITY OF PORT
TOWNSEND, the municipality that executed the foregoing Amendment to Revocable No -Build
Easement Agreement, and acknowledged the said instrument to be the free and voluntary act and deed of
said municipality, for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute the said instrument on behalf of the municipality.
WITNESS my hand and official seal hereto affixed he year and date in this certi cate above written.
APP - O AS T O V T -_M
[Print n -e:] .S
., NOTARY PUBLI and for the S of Yashington
�County of Jefferson, residing at
t�E OF CI, ATTORNEY
'� /�
My appointment expires,
V 8�
STATE OF WASHINGTON)
�® Al). 3, 2004
) ss. °0 �+
' p'�®•��
COUNTY OF JEFFERSON ) `� •,�� •9 ° i'UBLIC'
On this 31 day of Qe-lo he r " , 2003, before me the undersigned, a'�Lot'��Iic duly commissioned
and sworn, personally appeared Jana Allen, who executed the foregoing Amendment to Revocable No -
Build Easement Agreement, and acknowledged the said instrument to be the free and voluntary act and
deed for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the
said instrument as owner of the property referred to above as the Allen property.
WITNESS my hand and official seal hereto affixed the year and date in this certificate above written.
2� .
`�ti��t�i�►ffi�� [Print name:] L�52
��h SPFq f/i' NOTARY PUBLIC in and for the tate of Washington
`� S••' gSION Rd' �''i County of Jefferson, residing at . 1J
vo ` Z% My appointment expires: 0 0 01
NOTARY
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