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Home My WebLink AboutCommunity Futures, LLC - Temporary Construction Easement 594479 PGS : 5 EASE 09/2812015 03:34 PMI $76.00 CITY OF PORT TOWNSEND Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor mill KIP.rli'RIG,M'?�IC IPA W M .-FAI MMIkA 11111 After Recording Mail To: City of Port Townsend 250 Madison St, #2R NO REAL ESTATE Port Townsend, WA 98368 EXCl'>E TAX 17)uQUIRED JEFFERSON COUNTY TREASURER BY: t TEMPORARY CONSTRUCTION EASEMENT / Grantor: Community Futures, LLC Grantee: City of Port Townsend Abbreviated Legal: Lot 2, Wolcott Short Plat, Volume 5, Pages 18 & 19 Tax Parcel No.: 001094032 Howard Street Extension Project THIS INSTRUMENT is made this'8 day of _ , 201sL D by and between Community Futures, LLC, a Washington I i ited liability company, dba The Car Wash, which acquired title as Paul Lytle, LLC, a Washington limited liability company, hereinafter called the "Grantor", and the City of Port Townsend, a Washington Municipal Corporation, hereinafter called the "Grantee". WITNESSETH: 1) Grant of Easement. The Grantor, for and in consideration of the public good and other valuable consideration, does by these presents, convey and warrant unto the Grantee a temporary construction easement (the "Easement") for access over, through, across and upon the following described real estate (the "Easement Area") situated in the County of Jefferson, State of Washington, for the placement of personnel, materials and equipment for construction of public street improvements with necessary appurtenances, including placement of public and private utilities, within the adjoining public right of way: As described in Exhibit A and depicted in Exhibit B, attached hereto and by this reference made a part hereof. 2) Purpose of Easement. The Grantee, its contractors, agents, and permittees, shall have the right at such times as may be necessary, to enter upon the Easement Area, including entry into private improvements located in the Easement Area for the purpose of constructing, maintaining, repairing, altering or reconstructing said street improvements, or making any connections therewith, including utility connections. Grantee shall have the right to re-grade slopes and/or make cuts and fills to match street grade. Grantee's rights to use the Easement Area shall be exclusive at such times and for such duration as Grantee's construction requires, in Grantee's discretion, during the term of this Easement or any extension thereof. 1 The rights herein granted shall include all incidental rights, including but not limited to, right of ingress and egress necessary to properly perform the work indicated for construction of the project. Grantee and those entitled to exercise the rights granted herein shall exercise all due diligence in their activities upon the property, and Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages and expenses on account of damage to property or injury to persons resulting from or arising out of the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns. 3) Improvements. All street improvements shall be constructed entirely within the public right of way. In the event private improvements in the Easement Area are disturbed or damaged by Grantee's use of the Easement, on or before the end of the Term, they shall be restored or replaced in as good a condition as they were immediately before Grantee entered the Easement Area. During the Term, Grantee may on an interim basis, restore the Easement Area to a reasonably safe and convenient condition. 4) Grantor's Right to Use Easement Area. Except for those times when Grantee is making exclusive use of the Easement Area, the Grantor shall retain the right to use and enjoy the Easement Area, including the right to use existing private improvements located in the Easement Area so long as such use does not interfere with Grantee's construction of the public improvements described in this Easement. 5) Term of Easement. The term of this Easement is twelve (12) months (the "Term"). The Term shall commence upon the date the Grantee gives its contractors Notice to Proceed for construction within the easement area, and shall remain in force until no later than August 31, 2017, or until completion of construction and restoration of the property, whichever occurs first. Grantee shall provide fourteen (14) days written notice to the Grantor prior to commencement of construction. This Easement may be extended by mutual written consent of the Grantor and Grantee. 6) Payment for Easement. Grantee shall pay Grantor Four Hundred and 00/100ths Dollars ($400). 7) Binding Effect. The Easement granted hereby is solely for the benefit of Grantee, and is personal to Grantee, its successors in interest and assigns. Grantee shall have the right to permit third parties to enter upon the Easement Area to accomplish the purposes described herein, provided that all such parties abide by the terms of this Easement. The Easement granted hereby, and the duties, restrictions, limitations and obligations herein created, shall run with the land, shall burden the Easement Area and shall be binding upon and the Grantor and its respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of the Easement Area. 2 8) Notification. Should the undersigned owner(Grantor), sell the property described herein, Grantor shall promptly disclose and notify the buyer of this agreement. Dated this day of .. ^A-� , 20 . Community Futures, LLC 1 By: .. � . Brent Shirley, Manager Accepted by the City of Port Townsend Approved as to form: Cl( A&z- By: - By. Printed Name: ®d, Timmana Printed Name: "S s°s® Title: C1+V m r Title: City Attorney Date: 123 I Date: % .e STATE OF WASHINGTON } } SS. County of } I certify that I know or have satisfactory evidence that Brent Shirley is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Manager of Community Futures, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: f'7" `��►uu��u,,�� Name typed or printed):`pC/J�'t _-1 'f h ) I NOTARY PUBLIC in and for the State of ��;•• ••.,9 Washington �pTARy = Residing at �( Vt'� �"►� i EXP,0811612017 = My appointment expires: �`-'i�;► iLi� i 1 � �` Nis 'OUBOC' •0 y . .• OF WAIN````` ��n n n i►►►`` 3 EXHIBIT City of Port Townsend Howard Street Extension Project Legal Description For Temporary Construction Easement(A.RN.001 094 032) That portion of Lot 2,Wolcott Short Plat,recorded in Volume 5 of Short Plats,Pages 18 and 19, records of Jefferson County,Washington described as follows: Beginning at the northeast corner of said Lot 2,Wolcott Short Plat; Thence South 01°47'38"West along the cast line of said Lot 2,a distance of 91.89 feet to the northeast corner of Lot 1,Wolcott Short Plat; Thence North 8830'18"West along the north line of said Lot 1,a distance of 5.00 feet; Thence North 01°47'38"East,a distance of 91.89 feet to the north line of said Lot 2; Thence South 89'30'18"East along said north line of Lot 2,a distance of 5.00 feet to the point of beginning and the end of this description. Containing 0.01 Acres,460 Square feet more or less � m -Tj > LB[D — r rey m fii a o tirn I on c o nj 0 O a IU hr- 03! 00 co cw l co ca `~I cul cn v c b I I � I z O I O W N 01'47'38" E egg• _---- S 01 47 38 W 91.89 c�oNav0g ��mor aoaoo-ca 1�.�!l.�SClt�+t>MO r z,�m z cnmt� owooa �`O�z � °off �aoAy'o'z > B �+ Q) mNaym `m�c\oAcowo 1 I m z �Q W zmnm cn�2A a im I- � odd ��®a cam- � y 00 oa mr C, 5 a` d� Oti�� /tea Paa�r� �o o acn � o m TITLE: EXHIBIT 8 m m VANALLER SURVEYING SHOWING HOWARD ST. TEMP. CONSTRUCTION oma" EASEMENT THROUGH LOT Z WOLCOTT SHORT PLAT o p,p, 7$7 k � �g8324 CLIENT: CITY OF PORT TOMSEND - N MADISON250 (360)683-3438 *FAX: (360)M-3241 PORT TO FtE— WNSEND, WA 98368