HomeMy WebLinkAboutJordan, Amy - Temporary Construction Easement 594667 PGS : 5 EASE
10/05/2015 04:16 PM $76.00 JEFFERSON TITLE CO INC
Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor
Fr.rm11411AN 1*111W KIC111 4M.I'AW4MKIA 11111
After Recording Mail To:
City of Port Townsend NO REAL ESTATE
250 Madison St, #2R EXcISE TAX REOUIRED
Port Townsend, WA 98368 JEFFERSON COUNTY TREASURER
BY:
TEMPORARY CONSTRUCTION EASEMENT
Grantor: Amy Jordan
Grantee: City of Port Townsend
Abbreviated Legal: E/2 Block 4, Swan Park, Vol 1 of plats, Page 4
Tax Parcel No.: 997800401
Howard Street Extension Project
THIS INSTRUMENT is made thisday of Net 201� , by
and between Amy Jordan, as her separate estate, hie inafter 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.
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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 Six Hundred and
00/100ths Dollars ($600.00).
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.
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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 20A.
,i
Amy Jordan
Accepted by`'the,.City of Port Townsend Approved as to form:
By:
Printed Name:
Title: City Attorney
Date:
STATE OF WASHINGTON }
} SS.
County of Jefferson }
I certify that I know or have satisfactory evidence that Amy Jordan is the person who
appeared%b��o��ie�,and said person acknowledged that she signed this instrument and
acknpl l dged'rt-fd,b. cher free and voluntary act for the uses and purposes mentioned in
thi ARYDAIEPd
a
OF
Cynthia G.VJVhelpley
NOTARY PUBLIC in and for the State of Washington
Residing at Oak Harbor, WA.
My appointment expires: November 3, 2016
3
E)IMITA
City of Port Townsend Howard Street Extension Project
Legal Description For TemporM Construction Easement(A.P.N.997 800 401)
That portion of the cast half of Block 4,Svvan Park recorded in Volume 11 of Plats,Page 40 and as
surveyed in Volume 36 of Surveys,Page 366,records of Jefferson County;Washington described
as folloVis:
Beginning at the northwest corner of said east half of Block 4,Swan Park;
Thence South 88°30'10"East along the north line offsaid Block 4.a distance of 30.01 feet to the
True Point of Beginning of this description;
Thence South 01'49'19"West,a distance of 283.18 feet to the beginning of a tangent curve to the
left,having a radius of 58-00 feet,the center of which bears South 881 101 41"Ewt;
Thence along the at,-of said curve through a central angle of 53'34'35"t an are distance of 54.24 fee,
to the south line of said Block 4;
Thence South 88'30*10"East along said south lige of Block 4,a distance of 17.79 feet;
Thence-North 21'46'56"West,a distance of 5.45 feet to The begin-rung of a non tangent curve to the
right,having a radius of 31 n0 feet,the center of which bears North 01'30'01"East;
Thence along the are of said curve through a central angle of 90'19'1 87',an are distance of 48.87 feet;
Thence North 01'49'1 T'East,a distance of 29333.81 feet to said north line ol'Lot 4;
Thence North 88'30'10"West alone,said north line of Block 4,a distance of 8.00 feet to the True
pohit of Beginning and the end of this description.
Containing 0.06 Acres,2,678 Square feet more or less
VAiV
DATE OF FIELD SURVEY- D(HIBIT B(PARCEL NO.997-800-40 1)
APRIL 2011 THROUGH JULY, 2014 SHOWING HOWARD ST R.O.W.ACQUISITION
EQUIPMENT. AND ACCOMPANYING
TRIMBLE S6 3' R08077C TOTAL STATION TEMPORARYCONSTRUCTIONFASEMENT
TRIMBLE TSC2 DATA COLLECTOR 7HROUGH THE EAST 112,BL OCK 4,SWAN PARK
WITHIN THE NW'A SE 1A SECTION 9,
T. JO N., R. I W., W.M.
JEFFERSON COUNT); WASHINGTON
10TH STREET
iP.03-- F T.P.0.a—
(R 0 W) # (EASE.)
E 139.17'--�
,30.01U—16'
HDROCINTAL DATUM:
!Z6 WASHINGTON COORDINATE
ter'/ mI
SYSTEM OF 1983,
L4-
Int ADJUSTMENT 1991, NORTH
ZONNORTH AMERICAN
U E-M
OA 'NAD 83191) PER
C-ZI VOL 19'OF SbWVFYS,
PAGES 61-70.
ALL BEARINGS ARE RELATIVE
TO SAID GRID. DISTANCES
pi Z REDUCED TO GRID ARE
DE 0.999933 OF HORIZONTAL
0 �z�6o, .1 GROUND D;STANCE.
0
-j - �-T� �01,
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LEGEND:UNLESS 0711ERMSE NOTED
.,RIGHT OF WAY CENTERLINE
PARCEL LINE
-EDGE OF RIGHT OF WAY
...EDGE OF HOWARD ST.
RIGHT OF WAY ACQUISITION
In X X YY-'2-/Y ...EDGE OF HOWARD ST. TEMP.
04,
I CONSTRUCTION EASEMENT
N 21 W I
v
153.57' 6Z
308.
N 88*30 lo W
IS �—9TH-SLl 7.79'TREET
35 6
Scale 1 6th'
0 60, 120' 180,
DA TEE:
c-
0 TLE: EXHIBIT B
u3 VANALLER SURVEYING TISHOWNG HOWARD ST. R.O.W. ACQUIS17YON
AND ACCOMPANYING TEMP. CONSTRUCTION EASE,
P.O.WX 757''CALSM wA.,w324 CLIENT. CITY OF PORT TOMSEND
ni -(A 683 250 MADISON STREE
PHOE (360)0-MM -FAX -320 PORT TOWNSEND, WA 98368