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Home My WebLink AboutMartin, Fred P. & Jeanne - Underground Utility Easement 500327 Page: 1 of 6 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNS.EN EASE 24.00 John Watts, City Attorney City of Port Townsend Waterman&Katz Bldg. 181 Quincy Street,#201 Port Townsend,WA 98368 NO RE=AL ESTATE EXCIISE TAX REQUIRED JEFFERSON COUNTY TREASURER BY: UNDERGROUND UTILITY EASEMENT (Provides New Easement and Rescinds Prior Easement) REFERENCE DOCUMENTS: - Statutory Warranty Deed recorded July 1, 1977 under Auditor's File No. 243138, records of Jefferson County, Washington; and Sewer Easement recorded January 20, 1956, under Auditor's File No. 148395, records of Jefferson County, Washington; Statutory Warranty Deed recorded under Auditor's File No. 177574 (easement disclosed); and Statutory Warranty Deed recorded under Auditor's File No. 177574 (easement disclosed). Jefferson County Assessor's Tax Parcel No. 936-904-001 GRANTORS: Fred P. Martin and Jeanne Martin GRANTEE: City of Port Townsend, a Washington municipal corporation FOR AND IN CONSIDERATION OF One Dollar($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Fred P. Martin and Jeanne Martin ("Grantors"), hereby convey and warrant, in perpetuity, to Grantee, the City of Port Townsend, a Washington Municipal corporation, its successors and assigns, a perpetual, non- exclusive sewer collector and outfall easement over, through, under and across the following described property situated in Jefferson County,Washington: Legal Description of Property: Lots 1 to 8 inclusive in Block 40 in the California Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, page 99, records of the City of Port Townsend. TOGETHER WITH the vacated South Half of that portion of 57th Street, lying between the Easterly boundary of Kuhn Street and the Westerly boundary of Pettygrove Street, abutting on Lots 1, 2, 3 and 4 of Block 40, aforesaid. SUBJECT TO: Easements disclosed by instruments recorded under Auditor's File Nos. 148395, 177574 and 177574. Situate in the City of Port Townsend, County of Jefferson, State of Washington. 1 500327 III hill 11111111 Page: 2 of 6 07/06/2006 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 Legal Description of Easement ("Easement" or"Easement Area"): Permanent easement twenty feet wide,being ten feet on each side of the centerline described as follows: Beginning at the northeast corner of Lot 1, Block 40 of the California Addition; thence thirty feet at a bearing of North 00° 58' 26"East to a point on the centerline of the vacated 57th Street right of way; thence westerly a distance of 53.32 feet along the centerline of the vacated 57th Street right of way to the true point of beginning; thence southerly to a point on the south boundary 4.11 feet west of the southeast corner of Lot 7, Block 40 of the California Addition, as shown on attached Exhibit A. This Underground Utility Easement is for the purpose of granting the City of Port Townsend underground utility easement rights over, through, under and across the described property in perpetuity for sewer collector and outfall purposes. SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the described property for the purpose of inspections and maintaining the property, including but not limited to inspecting, maintaining, improving, repairing, constructing,reconstructing, locating, and relocating any utility lines. This is subject to paragraphs 2 and 5 below, and to the City giving 24 hours notice except in the case of an emergency. 2. Any costs associated with inspection, maintenance, improvement, repair, construction, reconstruction, and improvements upon the property undertaken by the Grantee shall be borne by the Grantee. 3. This Easement shall be binding upon the Grantors and Grantee and their successors and assigns, and constitutes a covenant running with the land. 4. New structures and/or permanent storage within the above-described Easement area are prohibited. 5. Grantee shall restore the property to as good a condition as the property was in prior to any work on the easement. Rescission of Easement: This Easement rescinds and replaces prior Easement recorded January 20, 1956 under Auditor's File No. 148395, records of Jefferson County, Washington, granted in favor of the City of Port Townsend. IN WITNESS WHEREOF, this Underground Utility Easement is executed this day of , 2005. 2 500327 Page: 3 of 6 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 GRANTORS: Fred P. Martin Jeanne Martin Address: 5640 Kuhn Street Port Townsend, WA 98368 IN WITNESS WHEREOF, the parties have executed this Easement as of the date and year last written below. STATE OF WASHINGTON ) SS. COUNTY OF JEFFERSON ) On this_,Lj day of X),Ih el , 2005,before me the undersigned, a Notary Public duly commissioned and sworn, pers appeared Fred P. Martin, known to be the individual that executed the foregoing Unde`round Utility Easement, and acknowledge said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the year and date in this certificate above written. 4" v �ar � [print name] - � Z ��F f� r NOTARY PUBLIC, -ill and for the State of �1 WashiVon, County of Jeffers, residing in Cb 1 ` N Ota` Ua M a expires: Y appointment 3 500327 Page: 4 of 6 07/06/2006 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 STATE OF WASHINGTON ) ) Ss. COUNTY OF JEFFERSON ) On this day of .` c G/' , 2005, before me the undersigned, a Notary Public duly commissioned and sworn, persona y appeared Jeanne Martin, known to be the individual that executed the foregoing Und��j and Utility Easement, and acknowledge said instrument to be his free and voluntary act an deed, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the year and date in this certificate above written. [print name] NOTARY PUBLIe in and for the State of Washt gton, County of Jefferson, residing in a r, Fe My appointmentexpires: 4 500327 Page: 5 of 6 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 GRANTING OF EASEMENT APPROVED; RESCISSION OF PRIOR EASEMENT: City of Port Townsend hereby approves the granting of easement, and hereby rescinds its interest in Easement recorded under Auditor's File No. 148395. CITY OF PORT TOWNSEND, a Washington Municipal Corporation i David Timmons, 6ty Manager STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this /9 day of I�IAV 2005, before me the undersigned, a Notary Public duly commissioned and sworn,personally appeared David Timmons, known to be the City Manager of the CITY OF PORT TOWNSEND, the municipality that executed the foregoing Underground Utility Easement, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of the municipality. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. ............ s %ko r [Print name] NOTARYPVB in and fo the State of Washington, s a I®V�4�6 residing at J6 brsovi c !tet y ��'�°•:�� qb 4b:,Z, My appointment expires: 4, • ®F rW A$�'�`�,� Attest: Approved as to form: Pam Kolacy, City Clerk (T John Watts, City Attorney 5 500327 Page: 6 of 6 07/06/2005 03:31P Jefferson County, WA CITY OF PORT TOWNSEN EASE 24.00 D r �,oaz ,zo f. rrl - Z2�Z�DZ �p (0 U) cn j Qa � p c')C) ZE KtIll-IN ST, pOH r*�O 199.90' S 00'58'26" W 30.00' cn p60 Q) OD 3 ; Co ') ; ' n- rn - w C� 1 w ( I C) LJ S O V N € -_.- _—–—__ _.. --.— i.... ......_. 20' SEWER OUTFALL.AND COLLECTOR EASEMENT t., I 00 ; 229.90N 00-5826" E � M Q