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Home My WebLink AboutGordon, James & Kathleen - Underground Utility Easement (500333) 500333 Page: 1 of 6 07/06/2005 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 f-F L ESTATE EXCISE TAX RiEQUIRED JEFFERSON COUNTY TREASURER BY: allm " UNDERGROUND UTILITY EASEMENT (Provides New Easement and Rescinds Prior Easement) REFERENCE DOCUMENTS: • Statutory Warranty Deed recorded November 18, 2003 under Auditor's File No. 478130, records of Jefferson County, Washington; and Sewer Easement recorded January 20, 1956, under Auditor's File No. 148393, records of Jefferson County, Washington. Jefferson County Assessor's Tax Parcel No. 936-904-105 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: 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, Washington; Except for a 30 foot portion of the north end of Lots 7 and 8, front on Lots 1 and 2 in Block 41 of said California Addition; Together with the North 1/2 of vacated 57"' Street fronting Lots 7 and 8 in Block 41 of said California Addition, as said street was vacated by the City of Port Townsend under Ordinance No. 1348. and 1 500333 i Page: 2 of 6 hillI 11111111111111111111111111111 hill 11111111 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 That portion of the East %2 of the Ruel Ross Donation Land Claim in Section 24, Township 31 North, Range 1 West, W.M., Jefferson County, Washington, described as follows: Commencing at the brass cap in concrete marking the centerline intersection of Kuhn Street and 57th 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; then South 89° 01' 30" East along the centerline of 57th 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 30 feet to the Southeast corner of Block 41 of said California Addition and 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 69.99 feet; Thence South 89° 01' 30" East, a distance of 22.25 feet; Thence South 02°49' 06" West, a distance of 70.03 feet; Thence North 89° 01' 30" West, a distance of 20.00 feet to True Point of Beginning. Subject to easement recorded under Auditor's File No. 148393. Situate in the City of Port Townsend, County of Jefferson, State of Washington 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 7, Block 41 of the California Addition; thence thirty feet at a bearing of South 00° 58' 26" West to a point on the centerline of the vacated 57th Street right of way; thence easterly a distance of 47.53 feet along the centerline of the vacated 57th Street right of way to the true point of beginning; thence 9.36 feet at a bearing of North 00° 55' 59" East; thence northwesterly to a point on the north boundary 6.15 feet east of the northwest corner of said Lot 7, truncated by the north 30 feet, 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. 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 2 500333 Page: 3 of 6 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 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 Easement recorded January 20, 1956 under Auditor's File No. 148393, records of Jefferson County, Washington, granted in favor of the City of Port Townsend. IN WITNESS WHEREOF, this Underground Utility Easement is executed this day of , 2005. 6' GRANTORS: /Jamey B. Gordon, Trustee Kathleen C. Gordo .,T ustee of We Gordon Family Trust of the Gordon FamQyTrust Address: 5648 Arrowhead Drive Pocatello, ID 83204-4659 3 500333 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,persoon�lly 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. �®+p05 E. [print name] NOTARY PUBLIC in and for the State of -W-ashington -Gouflty�effer-sore;residing in Ole 10 oe '•o+9T�Z9s;++° My appointment expires: �®p1e -- STATE OF ) ss. COUNTY OF ) On thi _day of , 2005, before me the undersigned, a Notary Public duly commissioned and sworn, person6ily 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. Z.v.'S [print name] .�'e ��''°® ®•°.�' � NOTARY PUBLIC in and for the State of e `�AR Qo, o 4 ,; Vtashirrgton; nty of Jeffersan,-.residing in ®® P U 13'., ,® My appointment expires: Pay®`�l °°•.®.®.®° 4„ .• ®®°coq TE of ®+"Boon W0&n�`we® 4 500333 Page: 5 of 6 07(06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 GRANTING OF EASEMENT APPROVED AND RESCISSION OF PRIOR EASEMENT: City of Port Townsend hereby approves the granting of easement, and hereby rescinds its interest in Easement recorded under Auditor's File No. 148393. CITY OF PORT TOWNSEND, a Washin�toJn Mu icipal Co poration David G. Timmons, Cit Manager STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this-�—day of ,1@ , 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. �V p S P16��i��i eb [Print name] ;aorlRy '11� NOTARY PUB in and for the/State of Washington, J Ocl�t Z v residing at y 4. ��' _ My appointment expires: 0d moo° �•''• Attest: Approved as to form: Pam Kolacy, City Clerk John Watts, City Attorney 5 500333 Page: 6 of 6 07/06/2005 03:31P Jefferson County, WR CITY OF PORT TOWNSEN EASE 24.00 3 119Z,99.00 N ! ,66'66 W— ,00,00 j jW En j 13 .,65,99.00 N j o) j °p of o ro co I 1LO "� I PSEM6 p in Q= ito ,00-or M „92,96.00 S ,66°66 i W 2 O X000aWm� ., Wmo ) o� W �o Ui a Uwamto N Nti m t�nU- '.0r�j IIn,-il- Y Ela x W