HomeMy WebLinkAboutHansen, et al. - Temporary Construction Easement 594958 PGSE: 13TITLEAISE
Jefferson5CountY WR7 PM Rud5to�'s Office - Rose Ann Carroll, Auditor
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After Recording Mail To:
City of Port Townsend
250 Madison St, #2R NO �' ��_ EQ.n IR
FxCrSF TAXREQUIREDTownsend, WA 98368 JEFFERSON COON 1-Y TREA' SURER
BY.
TEMPORARY CONSTRUCTION EASEMENT
Grantor: Ronald B. Hansen, et al.
Grantee: City of Port Townsend
Abbreviated Legal: Lots 1 through 10, Block 9 Glenwood Addition to City of Port
Townsend, Vol 1 of plats, Page 61, records of Jefferson County, Washington
Tax Parcel No.: 954000901
Howard Street Extension Project
THIS INSTRUMENT is made this 23day of oC f , 20by
and between Ronald B. Hansen, presumptively subject to the community interest of
his spouse, if married on January 31, 1989, the date of acquiring title and Richard
Sinclair, as his separate estate, as to an undivided 14.91% interest; Rose Marie
Whitney Johnson, as her separate estate, as to an undivided 9.94% interest; Ronald
B. Hansen and Janis S. Hansen, husband and wife, as to an undivided 14.51%
interest; The Kenneth Hecker Trust, as to an undivided 7.95% interest; Ronald B.
Hansen, presumptively subject to the community interest of his spouse, if married on
September 26, 1988, the date of acquiring title, as to an undivided 7.95% interest;
Carolyn J. Cassatt and James Cassatt, wife and husband, as to an undivided 9.95%,
Doris H. Sinclair, as her separate estate, as to an undivided 29.82% interest; and
Richard R. Sinclair, as his separate estate, as to an undivided 4.97% interest,
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.
1
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.
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 Three Hundred and
00/100ths Dollars ($300.00).
2
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
A
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.
8) Counterparts. This deed may be executed in any number of counterparts and
by different parties in separate counterparts. Each counterpart when so executed shall
be deemed to be an original and all of which together shall constitute one and the same
deed.
9) 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_ e "� , 201��.
'7'L Date: 6///A n
/
R�Old B. Hansen �J� �ncE 11�2fcGta�r�e
STATE OF tA&hiKgW }
} SS.
County of alloywcs' }
I certify that I know or have satisfactory evidence that Ronald B. Hansen is the person
who appeared before me, and said person acknowledged that she signed this
instrument and �q�p wledged it to be her free and voluntary act for the uses and
purposesm� tio6aris Instrument.
DATED: Ar � ;, RY j
Az
�Nme yp or printed):C, Jfj
OF ��
1 NQT RY PUBLIC.in and for the State of
(� ICA ILE 11 Y' I
Residing at .(All -tiZU/42yi
My appointment expires:
3
s
Date:
Richard R. Sinclair
STATE OF
} SS.
County of
I certify that I know or have satisfactory evidence that Richard Sinclair is the person who
appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in
`o1 t1111ii 99 SgB pa
this instrumM .
0 10
DATED,-z'� e
G. WK4C�
NO;`°° ime (ty dor printed):
�),,,,,,NOTARY PUBLIQ in and for the State of
Residing at
My appointment expires:
4
' Lik.,�
Date: �I'
ose Marie Whitney Johrisdin
STATE OF }
} SS.
County of }
I certify that I know or have satisfactory evidence that Rose Marie Whitney Johnson is
the person who appeared before me, and said person acknowledged that she signed
this instrument and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in this instrument.
�ttunrp KALU 11DWELL
Y
Notear Pr.at�Ile,s?cyte of Taxers
DATED: ?�,T �5' yUly Comrnissicm fxt�ire
uly 02, 2019
Name (typed or printed): Lftl
Tljbn)Pli
NOTARY PUBLIC in and for the State of
icync"
Residing at
My appointment expires:
5
Date:
iS
S. Hansen
STATE OF WASHINGTON }
} SS.
County of Snohomish }
I certify that I know or have satisfactory evidence that Janis S. Hansen is the person who
appeared before me, and said person acknowledged that she signed this instrument and
acknowledged it to be her free and voluntary act for the uses and purposes mentioned in
this instrument.
P,.
DATED'
OTA
pU3i®1 ,� Qynthia . Whelpley
a4�In � --f�, NOTARY PUBLIC in and for the State of Washington
VV� �� �,>o Residing at Oak Harbor, WA.
�+ My appointment expires: November 3, 2016
6
Date: / �.—
Trustee: C >r
The Kenneth Hec(er Trust
STATE OF }
} ss.
County of }
I certify that I know or have isuch
evidence that
is the persred before me, and
said person acknowledged that he/she signed this i th stated that he/she
is authorized to execute the instrument and a nothe Trustee of The
Kenneth Hecher Trust, to be the free and vo ntary rty for the uses and
purposes mentioned in this instrument.
DATED:
Nam {typed or printed):
NO RY PUBLIC in and forthe State of
1�6siding at
/my appointment expires:
MAAHM
�,�Y wT'EACNMEMT
7
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202
See Attached Document (Notary to cross out lines 1-6 below)
See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
e
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Ca' ornia Subscribed and sworn to (or affirmed) before me
Count of ��
County _��_ -Aix a S- I' ) ,
� on this day of T , 20.
by Date Month Year
(and (2) ),
OFFICIAL SEAL Nam4 of Signer(j)
��'' SAVANNA SANFORD
Cb✓ �^NOTARY PUBLIC-CALIFORNIAG, proved to me on the basis of satisfactory evide e
COMM.NO.2116503
SAN DIEGO COUNTY to be the perso ( ) who appear before
MY COMM.EXP.JUNE 20.2019
Signature
Signature of Notary Public
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s)Other Than Named Above:
002014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5910
Date:
Carolyn J. ass4tt J ries Cassatt
Notary Public
STATE OF WITA `'-M01 } State of Washington
) ANA L GONZALEZ
County Of (/� ��( � } My Appointment Expires May 25,2018
WWWWWWWWWWWW
I certify that I know or have satisfactory evidence that Carolyn J. Cassatt and James
Cassatt are the persons who appeared before me, and said persons acknowledged that
they signed this instrument and acknowledged it to be their free and voluntary act for the
uses and purposesmen Toned in this instrument.,,
DATED:
41wArX n
Name (type or printed): l`
NOTARY PUBLIC ip and for the State of
Residing at
My appointment expires:
8
Ate ~ Date: )
oris H. Sinclair
STATE OF WASHINGTON }
} SS.
County of Snohomish }
I certify that I know or have satisfactory evidence that Doris H. Sinclair is the person who
appeared before me, and said person acknowledged that she signed this instrument and
acknowledged it to be her free and voluntary act for the uses and purposes mentioned in
this instrument.
VM
DATED: �®�.•• `���� •��.
J-�n,4W-j(53
6 .
Ka G. elpley
TARY PUBLIC in and for the State of Washington
q-1,jRbsiding at Oak Harbor, WA.
My appointment expires: November 3, 2016
9
Accepted by the City of Port Townsend Approved as to form:
B
�)
By:
Printed Name: id TI VnMokf Printed Name: �.
Title: Title: CityAttorney
Date: Date: 1 3'I ,°
10
EXMff A
City of Port Townsend Howard Street Extension Project
Legal Description For Temporary Construction Easement(A.P.N.954 000 901)
That portion of Block 9,Glenwood Addition to the City of Port Townsend,recorded in Volume 1 j
of Plats,Page 62,records of Jefferson County,Washington described as follows:
Beginning at the northeast comer of said Block 9,Glenwood Addition;
Thence South 02°01'49"West along the east line of said Block 9,a distance of 41.89 feet to the
true point of beginning of this description;
Thence continuing South 02°01'49"West along the east line of said Block 9,a distance of 17.44
feet;
Thence South 18°41'10"West,a distance of 83.00 feet;
Thence South 08°23'09"West,a distance of 49.94 feet to the northerly right of way line of Discovery
Road
Thence South 35°4744"West along said northerly right of way line of Discovery Road,a distance
of 10.86 feet;
Thence North 08°23'09"East,a distance of 60.03 feet;
Thence North 18°41'10"East,a distance of 100.16 feet to the True Point of Beginning and the end
of this description.
Containing 0.02 Acres,733 Square feet more or less
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VANALLER SURVEYING SHOVJNG HOWARD ST. R.O.W. ACQUISITION
s a AND ACCOMPAN3?NG TEUP. CONSTRUCTION EASE.
o P.O.SOX 757*CNASM Wk x 9=4 CLIENT: CITY OF PORT TOWNSEND
c°Jn 250 MADISON S77?EET
-s +u MX-(360)683-M *fts7_(350)6M-3241 PORT TOWNSEND, WA 98368