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Home My WebLink AboutGordon, James & Kathleen - Underground Utility Easement (500332) 500332 07906(2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 John Watts,City Attorney City of Port Townsend Waterman&Katz Bldg. 181 Quincy Street,#201 Port Townsend,WA 98368 NO REAL ESTATE EXCISE TAX RLOUIRED JEFFERSON COUNTY TREASURER P-Y. 's UNDERGROUND UTILITY EASEMENT (Provides New Easement and Rescinds Prior Easement) REFERENCE DOCUMENTS: - Statutory Warranty Deed recorded September 23, 2003 under Auditor's File No. 475510, records of Jefferson County, Washington; Sewer Easement recorded January 20, 1956, under Auditor's File No. 148393, records of Jefferson County, Washington; and Easement recorded April 6, 1967, under Auditor's File No. 191612, records of Jefferson County, Washington. Jefferson County Assessor's Tax Parcel No. 936-904-101 GRANTORS: James B. Gordon and Kathleen C. Gordon, Trustees of the Gordon Family Trust GRANTEE: City of Port Townsend, a Washington municipal corporation FOR AND IN CONSIDERATION OF One Dollar($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, James B. Gordon and Kathleen C. Gordon, Trustees of the Gordon Family Trust("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 outfall easement over, through, under and across the following described property situated in Jefferson County, Washington: Legal Description of Property: Parcel 1: Lots 1 and 2, Block 41, California Addition and the North 30 feet of Lots 7 and 8, Block 41, California Addition to the City of Port Townsend, as per Plat recorded in Volume 2 of Plats, Page 99, records of Jefferson County. 1 500332 Page: 2 of 6 07106/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 Parcel 2: That portion of the East %2 of the Ruel Ross Donation Land Claim in Section 34, Township 31 North, Range 1 West, W.M., Jefferson County, Washington, Described as follows: Commencing at the brass cap on concrete marking the centerline intersection of Kuhn Street and 57"' Street as shown on the survey for the State of Washington Department of Parks and Recreation Commission, recorded March 6, 1989 in Volume 10 of surveys, Page 25, records of Jefferson County, Washington; Thence South 89° 01' 30"East along the Centerline of 57t" Street as shown on said survey, a distance of 225.80 feet to the East line of California Addition as shown on said survey(all bearings and distances herein are based on the Washington Coordinate System Grid,North Zone): Thence North 00° 58' 30"East along the East Line of California Addition as shown on said survey, a distance of 99.99 feet to the true point of beginning; Thence North 00° 58' 30"East along the East line of California Addition as shown on said survey, a distance of 178.59 feet; Thence South 89° 01' 30"East, a distance of 28.00 feet; Thence South 02°49' 06" West, a distance of 178.68 feet; Thence North 89° 01' 30" West, a distance of 22.25 feet to the true point of beginning. Situate in the City of Port Townsend, County of Jefferson, State of Washington Subject to easements recorded under Auditor's File Nos. 148393 and 191612. Legal Description of Easement("Easement" or "Easement Area"): Sewer outfall easement Permanent easement twenty feet wide, being ten feet on each side of the centerline described as follows: Beginning at the southwest corner of Lot 2, Block 41 of the California Addition; thence thirty feet at a bearing of South 00° 58' 26" West to a point on the west boundary of Lot 7, Block 41 of the California Addition; thence easterly a distance of 6.15 feet at a bearing of South 89° 01' 34" East to the true point of beginning; thence northwesterly to a point on the west boundary 16.54 feet south of the northwest corner of said Lot 7, as shown on attached Exhibit A. This Underground Utility Easement is for the purpose of granting the City of Port Townsend underground utility easement rights over, through, under and across the described property in perpetuity for sewer outfall purposes. 2 500332 Page: 3 of 6 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the described property for the purpose of inspections and maintaining the property, including but not limited to inspecting, maintaining, improving, repairing, constructing, reconstructing, locating, and relocating any utility lines. This is subject to paragraphs 2 and 5 below, and to the City giving 24 hours 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 Easement shall be binding upon the Grantors and Grantee and their successors and assigns, and constitutes a covenant running with the land. 4. New structures and/or permanent storage within the above-described Easement area are prohibited. 5. Grantee shall restore the property to as good a condition as the property was in prior to any work on the easement. Rescission of Easement: This Easement rescinds and replaces prior Sewer Easement recorded January 20, 1956, under Auditor's File No. 148393, records of Jefferson County, Washington. IN WITNESS WHEREOF, this Underground Utility Easement is executed thisit ....___ day of , 2005. GRANTORS: ame . Gordon, ustee Kathleen C. Gordon, Trstee (of e Gordon Family Trust of the Gordon Family T ust Address: 5648 Arrowhead Drive Pocatello, ID 83204-4659 3 500332 1111 11111 Page: 4 of 6 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 STATE OF ss. COUNTY OF �' ) On this day of , 2005,before me the undersigned, a Notary Public duly commissioned and sworn, perso�appeared James B. Gordon, known to be the individual that executed the foregoing Underground Utility Easement, and acknowledge said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the year and date in this certificate above written. 7/ [ t name] -r NOTARY PUBLIC in and for the State of t ° Washington;-Count .. on; residing in • .mss C . c� My appointment expires: r ®®®�„�?� ,o ®® ®,t®® QF l� STATE OF COUNTY OF ) On this �Aday ofe;2005, before me the undersigned, a Notary Public duly commissioned and sworn, person lly appeared Kathleen Gordon, known to be the individual that executed the foregoing Underground Utility Easement, and acknowledge 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 date in this certificate above written. [prikn me] •® '� NOTARY PUBLIC in and for the State of Nvlashingtonfy of�Jeffiarson, residing in 0. Ile ®° L 1 C My appointment expires:see 00 / �- o,000 QFI D AIN ®*'® 4 500332 Page: 5 of 6 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 GRANTING OF EASEMENT APPROVED: City of Port Townsend hereby approves the grant of easement, and hereby rescinds its interest in Sewer Easement recorded January 20, 1956, under Auditor's File No. 148393, records of Jefferson County, Washington; and Easement recorded April 6, 1967, under Auditor's File No. 191612, records of Jefferson County, Washington. CITY OF PORT TOWNSEND, a Washin Municipal rporation David G. Timmons, ity Manager STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this 6 day of , 2005, before me the undersigned, a Notary Public duly commissioned and sworn, personally appeared David Timmons, known to be the City Manager of the CITY OF PORT TOWNSEND,the municipality that executed the foregoing Underground Utility Easement, 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 the day and year in this certificate above written. , \04 S� 49�,'�i ............. g.{OR1•'' i� [Print name] NOTARY PUB in an for the State of Washington, e p�� residing at � ( d �acPj .9G ®4�,::*�� My appointment expires: Attest: Approved as to form: Pam Kolacy, Ci y Clerk John Watts, City Attorney 5 500332 Page: 6 of 6 07106/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 I i �. — — — •---------•-----3 .,9Z.99.00 N---66'6Z71 -- ------- , 00 00 0£' i I ~ � o I J , 1 i 1 Sco -------------- ---- — '� rn Z to 7j °p CO O � � � I I , I , s ��--M.9Z,99.00 S--,66'6Z l ------ - ---- r/ J W In NOt�i � ZmQ�o a ozoz -� NOU�M Q W m ti :I: A Q U, OLL..Oti2 x LLJ