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HomeMy WebLinkAboutHiggins, Alexander & Anna - Utility Easement 533723 finite N111111 05105/2008 03:01P Please Return To: aPP4�rcnn Cnunty Al1H nTTY (1F PAPT T11.INCFN rogr A7 MM City of Port Townsend Attn: Kathy Howard No PEAL ESTATE Public Works Department EXCISE'f,<JEFFEfdS N C E[C�UIf3ED 250 Madison Street,2R UNTY-FREASUriER Port Townsend,WA 98368 WASHINGTON STATE COUNTY AUDITOR/RECORDER INDEXING FORM Document Title(s) (or transactions contained therein): UTILITY EASEMENT Reference Number(s) of Documents assigned or released: Additional reference numbers on page of document Grantor(s): (Last name first, then first name and initials) 1. Higgins,Alexander 2. Higgins,Anna M. 13 Additional names on page_of document Grantee(s): (Last name first, then first name and initials) 1. Namely,the City of Port Townsend 2. 13 Additional names on page_of document Legal Description: (abbreviated form i.e. lot, block,plat name, section-township-range) Portion of the north 1/of LOT 2,BLOCK 43 of the original Map of the Town of Port Townsend in the SW 1/ of Section 1,Township 30 North,Range 1 West ■ Additional legal on Exhibit"A"of document Assessor's Property Tax Parcel Account Number(s): PARCEL 989704302 City of Port Townsend Reference:Downtown Historic District Streetscape Project Number: WO#1006 Permit Number: N/A The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 1 of 6 533723 Page: 2 of 6 05/05!2008 03:01P .loffo�enn (Hent., O..H CTTV nC D(1DT TOLIKICChl COCC A7 MM UTILITY EASEMENT THE GRANTOR, Alexander Higgins and Anna M. Higgins , a husband and wife , for valuable consideration, in hand paid, receipt of which is hereby acknowledged, conveys and grants to the Grantee, the City of Port Townsend , its successors and assigns, a permanent, non-exclusive easement, over, under, in, along, across and upon, that certain land legally described on Exhibit "A" attached hereto and incorporated herein by this reference as if set forth in full, for the purpose of constructing, reconstructing, installing, repairing, replacing, operating and maintaining public and private utilities, including but not limited to electric, gas, telephone, cable television and other telecommunications, with ordinary and necessary appurtenances under, over, through, across the described easement, together with the right to keep said easement area free of obstructions, along with the right of ingress and egress thereto across adjacent land of the Grantor for these purposes. This easement is granted subject to the following terms and conditions: 1. When in the process of performing any work in the easement area, Grantee shall use construction procedures so that Grantor's access to its property is not blocked. 2. The Grantee shall, upon completion of any work within the property covered by the easement, restore the easement area and any private improvements outside the easement disturbed, damaged or destroyed, during execution of the work, as nearly as practical to the condition as existed immediately before the commencement of the work or entry by the Grantee. In connection with any inspection, maintenance, improvement, repair, construction, or reconstruction, Grantee shall restore the property to fine grading, but is not responsible for any restoration or repair of landscaping, vegetation or any improvements within the Easement Area beyond seeding and mulching. 3. Grantor shall retain the right to use the easement as long as such use does not, in the Grantee's opinion, interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: (a) Erect or maintain any buildings or structures within the easement; or 2 of 6 533723 Page: 3 of 6 1111111111111111111111111111111111111111111111111111111 05/05/2008 03:01P .1wfforenn Cniint, flnfl CTTY nF PnPT TnI.INRFN F04F A7 MM (b) Plant trees, shrubs or vegetation having root patterns, which may cause damage to or interfere with the utilities placed within the easement by the Grantee. (c) Develop, landscape, or beautify the easement area in any way, which would, in the Grantee's opinion, unreasonably increase the cost to the Grantee of restoring the easement area and any private improvements therein. This easement shall be recorded with the Jefferson County Recorder, shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. Dated this day of ��kA 52008. GRANTOR: By: x oder Higgins By. nna NI. 4i ins Its: 3of6 533723 Page: 4 of 6 05/05/2008 03:01P J.f f-- n--tn O..A nTTv np DnPT TAIdAICFfJ FOSC d7 MM STATE OF �s�"v) 1— ) SS — ) SS COUNTY OF I certify that I know or have satisfactory evidence that Alexander Higgins , is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. Dated this . day of ' 2008 N K. �5Notary Signature: o O TA, , Na Print Name: J o a a-,K Notary Public in and for the State of r;� WgSN�N 7 Residing in �" v r-}. 1owos- IJ My Commission Expires: 1011 C1i (09 4of6 533723 05905/2008 03:01P .loffor enn Cnnnty Girl CTTV AF PART TALINCFN FOCF A7 Mn STATE OF ) SS COUNTY OF Ja c V-50 ) I certify that I know or have satisfactory evidence that Anna M. Higgins , is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. Dated this day of C'` ,2008 Notary Signature: AX9 ' o �10 pN® .)y Print Name: Notary Public in and for the State of U U C' vL OF WA SN��G Residing in Fort`--)ow- 15,-yA. , My Commission Expires: 5of6 533723 Page: 6 of 6 05/05/2008 03:01P Jpffgrcnn Cnuntv AiA CTTV nP POPT TOI.INRFN FOCF A7 Inn Exhibit A Legal Description Parcel 989704302 An easement measuring 10.00 feet by 10.00 feet lying over a portion of the North'/2 of Lot 2,of Block 43,of the original Map of the Town of Port Townsend in the SW '/ of Section 1, Township 30 North, Range 1 West, is described as follows: Beginning at the Northeast Corner of the North %2 of Lot 2, thence S30°32'36"E 40.00 feet to the True Point of Beginning,thence S30°32'36"E 10.00 feet, thence S59°27'24"W 10.00 feet,thence N30°32'36"W 10.00 feet,thence N59°27'24"E 10.00 feet to the True Point of Beginning. (Refer to Figure A) Basis of Bearings: Washington State Coordinate System of 1983,Adjustment 1991,North Zone,North American Datum(NAD 83/91)established by field ties to the City of Port Townsend Geodetic control points#0010170 and#0010172. S 59'27'57"W WASHINGTON STREET x� h CONCRETE DRNEWAY CONCRETE CURB APRON -}0' -5' 0 10' 20 30' NE CORNER 1 inch=30 feet t SIDEWALK OFLOTY y { r Point of Beginning tTPAIVEDPADLU W e t c .. . m 'U M PARCELa < w W M o N 112 LOT 4 989704302 N 112 LOT 2a= z ' v X \ + I Q ' EASEMENT (SEE INSET A} - 36.5 Feet I CONCRETECURB ; I 3 (ROW/ WOOD DECK LANDSCAPING L N WOOD BOARD CONCRETE�.,�, PROPERTY LINE/CITY FENCE RETAINING WALL W. RIGHT-OFWAY io N 59'27'24"E 10.00' — True Point of r — Beginning � w t I MOI zCq NO ON S 1/2 LOT 4 S 112 LOT 2 Cn ( M z I fe L — — — — — 10.00 -� S59027'24"W � BLOCK43 INSErA Figure A 6of6