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Home My WebLink AboutCreative Systems, Inc. - Temporary Construction Easement 594665 PGS,EFFER50N TEASE 70/05/2015 0 itor Jeff l' SII � I��W I� ��J��1'�V rr�lfy�rf(1 ,I Illt� After Recording Mail To: City of Port Townsend 250 Madison St, #2R NO REAL ESTATE EXCISE TAX REQUIRED Port Townsend, WA 98368 JEFFERSON COUNTY TREASURER BY. TEMPORARY CONSTRUCTION EASEMENT Grantor: Creative Systems, Inc. Grantee: City of Port Townsend Abbreviated Legal: Swan Park Blk 4(W 1/2 Ls E30') TgthM/E30' Vac Shasta St Tax Parcel No.: 997800402 Howard Street Extension Project THIS INSTRUMENT is made this 27th day of Jam, 2015, by and between Creative Systems, Inc., a Washington corporation, 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 One Thousand, Five Hundred and 00/100ths Dollars ($1,500). 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_ , 20—. Creative Systems, Inc. By: Stephen s6ii6macher, Treasurer Accepted by the City of Port Townsend Approved as to form: By: X�L� Printed Name: vim+ ��- Title: City Attorney Date: 3 STATE OF WASHINGTON } } SS. County of Jefferson } I certify that I know or have satisfactory evidence that Stephen Schumacher is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that (he is/she is /they are) authorized to execute the instrument ano,ackrrowtgdged it as the Treasurer of Creative Systems, Inc. to be the free and voluntary�adt,6 1h) arty for the uses and purposes mentioned in this instrument. DATED u ,ar`y° .9 Cynthi . Whelpley $ to 3i"r p ,@�9a NOTARY PUBLIC in and for the State of 4"`1g0} Washington Residing at Oak Harbor, WA. My appointment expires: November 3, 2016 4 EXHIBITA City of Port Townsend Howard Street Extension Project Legal description For Temporary Construction Easement(A.P.N.997 800 402) That portion of the west half of Block 4,Swan Park;recorded in Volume 1 of Plats,Page 40 and as surveyed in Volume 36 of Surveys,Page 366,records of Jefferson Count,;Washington described as follows: Beginning at the southeast corner of said west half of Block 4,Swan Park; Thence North 88'30'10"Wrest along the south line of said Block 4,a distance of 58.05 feet to the true point of beginning of this description and the beginning of a non tangent curve to the left, having a radius of 55.00 feet,the center of which bears North 28'19'36"West; Thence along the arc of said curve through a central angle of 21'01'044",an arc distance of 20.18 feet; Thence North 40°39'20"East,a distance of 4.60 feet to the beginning of a tangent curve to the left, having a radius of 45.00 feet,the center of which hears North 49°20'40"West; Thence along the arc of said curve through a central angle of 38°50'02",an are distance of 30.50 feet; Thence North 01°49'19"East,a distance of 285.27 feet to the north line of said Block 4; Thence North 88 30'10"West along said north line of Block 4,a distance of 7.00 feet; Thence South 01*49'19"West,a distance of 288.19 feet to the beginning of a tangent curve to the right,having a radius of 37.00 feet,the center of which bears North 88110'41"West; Thence along the are of said curve through a central angle of 89°40'31",an arc distance of 57.91 feet; Thence North 88'30'10"West,a distance of 37.55 feet, Thence South 01`29'50"West,a distance of 5.00 feet to the south line of said Block 4; Thence South 8830'10"East along said south line of Block 4,a distance of 53.26 feet to the True Point of Beginning and the end of this description. Containing 0.06 Acres,2,589 Square feet more or less �'- VAS . << sz LAW DA7F OF FIELD SURV04 EXHIBITS(PARCEL NO 997-8W-402) APRIL 2011 THROUGH SLY, 2014 SHOWING HOWARD ST R.O.W.ACQUISITION EQU04MT. ANDACCOMPANYING TRIMBLE S5 3"ROB077C TOTAL STATION TEMPORARYCOMSTRUCTIONF54SEMENT TRIMBLE 7SC2 DATA COLLECTOR THROUGH THE MST 112,BLOCK 4,SWAN PARK 8830'10' W W77HIN THE NW 114 SE 1A SECTION 9, T. 30 N., R. I W., W.M. IOTHSMEET JEFFERSON COUNTY WASHINGTON �L8wlo- w __ — /7717.30 HORIZONTAL DA7tK- WASHINGTON COORDINATE SYSTEM OF 7983, N kd I ADJUSPIENT 1991, NORTH ZONE, NORTH AMERICAN DATUM (NAD 83191) PER iVOL. 19 OF SURVEYS, I PAGES 61-70, co 'I �? 1 ALL BEARINGS ARE RELATIVE TO SAID GRID. DISTANCES 14 o REDUCED TO GRID ARE 0.999933 OF HORIZONTAL o,:(-02 GROUND DISTANCE. 5 En I LEGEND.UNLESS 07HERW7SE NOTED _RIGHT OF WAY CENTERLINE ...PARCEL L LINE OF RIGHT OF WAY Z-1-1-Z-1— G...EDGE OF HOWARD ST. RIGHT OF WAY ACOU0770N ...EDGE OF HOWARD ST. TEMP. CONSTRUCTION EASEMENT s 1,30- N 0 V N 883011 w 37.55' 28.05 30,00, 5.00, 8830'70" w S 012950" W -A--2 7*0 ID 4' R=55.00' TP.D.S. _L=2Q_18' (R.0 W) asesa _ 9TH STREET S -�FO 10- E L- F Scale 1 = 50' 0 50, 100, 150' DATE: 3 Z8-15 if 0 'flTLF- EXHIBIT 9 co VANALLER SURVEYING SHOWING HOWARD ST. R.O.W. ACQUISITION AND ACCOMPANYING TEMP. CONS7RUCTION EASE P.O.BN 757*CARSM 1K*W324 CLIENT: CITY OF PORT TOWNSEND 250 MADISON STREE RM-(360)60-30 *FAX(M)03,3241 PORT TOWNSENA WA 98368