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Home My WebLink AboutCheesy Ventures - Temporary Construction Easement CQA 070 nf%Q - C CAOC uVato r o ruo • V aHoc 10/15/2015 11:31 AN $78.00 JEFFERSON TITLE CO INC Jefferson County NA Auditor's Office - Rose Ann Carroll, Auditor ■III PAM I#1 Mi,A!WAAW,U 50A A it?), 11111 After Recording Mail To: NO REAL ESTATE EXCISE TAX REQUIRED City of Port Townsend JEFRERSON Co TY TREASURER 250 Madison St, #2R Port Townsend, WA 98368 �Y' 91,,01_ j-TL TEMPORARY CONSTRUCTION EASEMENT Grantor: Cheesy Ventures, LLC Grantee: City of Port Townsend Abbreviated Legal: W/2 Block 5, Swan Park, Vol 1 of Plats, Page 40 Tax Parcel No.: 997-800-501 Howard Street Extension Project THIS INSTRUMENT is made this day of 9Q_a+ , 20 15 , by and between Cheesy Ventures 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 Eight Hundred and 00/100ths Dollars ($800.00). 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. 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 120 Cheesy Ventures, LLC By: Printed Name: ,,/I LA J .T LAwe-c— Printed Name: Title: MAA1A6 r^/C, /' C%9c Title: Date: l `f 200' Date: I'S:— Accepted ;`Accepted by the City of Port Townsend Approved as to form: By: Printed Name: ick Ti mons By: Title: City Atternery Printed Name: Date: 9&145 Title: City Attorney Date: 3 STATE OF WASHINGTON } } SS. County of Jefferson } I certify that I know or have satisfactory evidence that Ryan S. Trail and Niklas J. Lance are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowied,ge'f'it' ''61 thp,Managing Members of Cheesy Ventures, LLC, to be the free and volunta(,y`�.tst`.a1suc 6- for the uses and purposes mentioned in this instrument. DATED: � f cr : 4s (' 3i IC W Cynthia G. Whelpley OP WAS'V� NOTARY PUBLIC in and for the State of Washington Residing at Oak Harbor, WA My appointment expires: November 3, 2016 4 FXMMTT A City of Port Townsend Howard Street Extension Project Legal Description For Temporary Construction Easement(A.P.N. 997 800 501) That portion of the west half of Block 5,Swan Park recorded in Volume 1 of Plats,Page 40 and as surveyed in Volume 36 of Surveys,Page 366,records of Jefferson County,Washington described as follows: Beginning at the southeast corner of said west half of Block 5,Swan Park; Thence North 8830'l0"West along the south line of said Block 5,a distance of 30.01 feet to the True Point of Beginning of this description; Thence North 01'49'19"East,a distance of 284.70 feet to the beginning of a tangent curve to the left,having a radius of 45.00 feet,the center of which bears North 8810'41"West; Thence along the are of said curve through a central angle of 51°35'33",an arc distance of 40.52 feet; Thence North 49'46'14"West,a distance of 15.86 feet to the north line of said Block 5; Thence North 88°30'l 0"West along said north line of Block 5,a distance of 51.49 feet; Thence South 01'29'50"West,a distance of 5.00 feet; Thence South 88'30'1 G"East,a distance of 31.71 feet to the beginning of a tangent curve to the right, having a radius of 40.00 feet,the center of which bears South 01 29'50"West; Thence along the arc of said curve through a central angle of 90'l 9'29",an arc distance of 63.06 feet; Thence South 01'49'l 9"West,a distance of 284.76 feet to the south line of said Block 5; Thence South 88'30'10-East along said south line of Block 5,a distance of 9.00 feet to the True Point of Beginning and the end of this description. Containing 0.07 Acres,3,264 Square feet more or less JV �.t LAIM ME OF Flap SURVEY- EXH/B/TB(PARCEL NO,997-800-501) APRIL 2011 THROUGH JULY, 2014 SHOW/NG HOWARD ST.R.0.W.ACOU/S/T/ON EQUIPMENT ANDACCOMPANKNG TRIMBLE S6 3' ROBOTIC TOTAL STATION TEMPORARY CONSTRUCT/ON EASEMENT TRIMBLE TSC2 DATA COLLECTOR THROUGH THE WEST 1/2,BLOCK 5,SWAN PARK WTHIN THE NW 1A SE 1/4, SECTION 9, T. 30 N., R. 1 W, W.U. 9TH STREET JUFERSON COUNTY, WASHINGTON _ N 88'30'10" W N 0179-50-E N 49-46-14- W _ 5.00 15.86' ®®' S 88;30'1 D" E e 110.97') 31.71' p S 8830'10' E L��oo oiy J LEGEND:UNLESS 07HERMSE NOTED M ui cs _ -RIGHT OF WAY CENTERLINE /'� ...PARCEL LINE '9'/� J -------...EDGE OF RIGHT OF WAY ...EDGE OF HOWARD ST. RIGHT OF WAY ACQUISI RON /�� ?C�CX ��X�C ...EDGE OF HOWARD ST. TEMP. CONSTRUCTION EASEMENT v^-' o HMZONTAL DAM: Y 4CL SYSTEM OF 1983, COORDINATE 198 p h ADJUSTMENT 1991, NORTH -1 ZONE, NORTH AMERICAN 41 a or o DATUM (NAD 83/91) PER Z C y VOL. 19 OF SURVEYS, N Q o PAGES 61-70. rn O (bi �--(n " ALL BEARINGS ARE RELATIVf zi i TO SAID GRID. DISTANCES REDUCED TO GRID ARE 0 0.999933 OF HORIZONTAL GROUND DISTANCE � 1 Scale 1 " = 50' 0 50' 100' 150' v' rn 1 o' x/01 VAN 9' 30.01 i 35WB�o ! N 8830'10' W e-' L91v' �5 T.P.0.8. T.P.D.B. (EASE) (R.0.W.) N 8830'10" W 7TH STREET DATE. SB¶m VANALLER SURVEYING OMNG HOWARD . RO W ACQUIS177ON m AND ACCOMPANYING TEMP. CONSTRUCTION EASE P.0.8DX 757*CAMSM Wk*9$324 CIJENT. CITY OF PORT TOWNSEND 250-a N E(360)683-3138 *FAX:(360)683-3241 PORT TOVWSEND,SON E PH 98368