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Home My WebLink AboutHolton, M. Carol & Leah Carol - Underground Utility Easement 500328 Page: 1 of 5 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 23.00 John Watts, City Attorney City of Port Townsend Waterman&Katz Bldg. 181 Quincy Street,#201 Port Townsend,WA 98368 NO REAL ESTATE EXCISE TI;X F?EOUIRM JEFFERSON COUIV IY 7'RF:AStiRER By.- UNDERGROUND Y:UNDERGROUND UTILITY EASEMENT (Provides New Easement and Rescinds Prior Easement) REFERENCE DOCUMENTS: - Quitclaim Deed recorded July 12, 2004 under Auditor's File No. 486833, records of Jefferson County, Washington; and Sewer Easement recorded January 20, 1956 under Auditor's File No. 148392, records of Jefferson County, Washington. GRANTORS: M. Carol Holton and Leah Carol Holton GRANTEE: City of Port Townsend, a Washington municipal corporation Jefferson County Assessor's Tax Parcel No. 936-904-103 FOR AND IN CONSIDERATION OF One Dollar($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, M. Carol Holton and Leah Carol Holton ("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 easement over, through, under and across the following described property situated in Jefferson County, Washington: Legal Description of Property: Lots 5 and 6, 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, TOGETHER WITH the North half of that portion of vacated 57th Street adjoining which would attach thereto by operation of law (Ordinance 1348). Situate in the City of Port Townsend, Jefferson County, Washington. 1 500328 Page: 2 of 5 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 23.00 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 on the east boundary at a point 16.54 feet south of the northeast corner of Lot 6, Block 41 of the California Addition; thence northwesterly to a point on the north boundary 7.55 feet west of the of the northeast corner of said Lot 6, 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. 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 Agreement 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: This Easement rescinds and replaces prior recorded Easement dated Janury 20, 1956, AFN 148392, granted in favor of the City of Port Townsend. IN WI NESS WHEREOF, this Underground Utility Easement is executed this day,of J , 2005. 2 500328 Page: 3 of 5 07!06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 23.00 GRANTORS 2�2�61 1'�A" � c 4"+ M. Carol Holton V Leah Carol Holton Address: 5706 Kuhn Street Port Townsend, WA 98368 IN WITNESS WHEREOF, the parties have executed this Easement as of the date and year last written below. STATE OF WASHINGTON ) ) SS. COUNTY OF JEFFERSON ) On this 1r,2 day of , 2005, before me the undersigned, a Notary Public duly commissioned and sworn, per lly appeared M. Carol Holton, known to be the individual that executed the foregoing Un r ound Utility Easement, and acknowledge said instrument to be her free and voluntary act 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. prin ame V SX&Abi 4NOTARY PUBLW in and for the State of E Wasbiqgton, County of Jefferso residing in s , My appointment expires: 3 500328 07/06!2005 03:31P EASE 23.00 STATE OF Jefferson County, WR CITY OF PORT TOWNSEN ss. COUNTY OF S+S ) On this `� day of 2005, before me the undersigned, a Notary Public duly commissioned and sworn, pe ovally appeared Leah Carol Holton, 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. r, print name] ?W-rAl4t- X, /ZoD /lyL y ' NOTARY PUBLIC in and for the Stat* County of , resides in My appoin ment expires: ��,�,,,� ``' , 4 500328 page: 5 of 5 07106/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 23.00 GRANTING OF EASEMENT APPROVED: CITY OF PORT TOWNSEND hereby approves the granting of easement, and hereby rescinds its interest in Easement recorded at Auditor's File No. 148392. CITY OF PORT—TOWNSEND, a Was ngto Municivi orporation I David G. Timmons, City Manager STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this 0 day of Ul 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. 0%%w1 sp 1V::�lz� ��j� i %OTARy [Print name] ►I G d0��t/'S NOTARY PUB C in and for the State of Washington, r 4 Cj;,.9GAU61�G®� ®jib` residing at J YSOYI 0(�fYt 7�r .�.® ��`�.� My q eappointment expires: WAS Attest: Approved as to form: Pam Kolacy, City Clerk i_ John Watts, City Attorney 4