HomeMy WebLinkAboutEmerald Seisin, LLC - Temporary Construction Easement 596171 PGS : 6 EASE
Jefferson5Couunty INC
WA Audsito�'sJOffi.. R.s;. gnnn Carroll, Auditor
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After Recording Mail To:
City of Port Townsend
250 Madison St, #2R
Port Townsend, WA 98368
TEMPORARY CONSTRUCTION EASEMENT
Grantor: Emerald Seisin, LLC
Grantee: City of Port Townsend c- " ; ;:':�`."'`
Abbreviated Legal: Port Townsend Business Park Lot 52
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Tax Parcel No.: 989800052
Howard Street Extension Project pY.
Project Parcel #5
THIS INSTRUMENT is made this day of CSQ ,
20 , by and between Emerald Seisin, 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 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. In the event, Grantee's utility connection work requires access
to property in addition to the Easement Area, Grantee shall have the right to enter into
such additional property and such entry shall be governed by the terms of this
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easement. 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.
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 Four Hundred and
00/100ths Dollars ($400.00).
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
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shall at any time have a fee, leasehold, mortgage or other interest in any part of the
Easement Area.
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 7Z E day of fYT , 20 r�.
Emerald Seisin, LLC
By:
hn Nesset, Manager
Title: LU
Date: .5®� 2
Accepted by the City of Port Townsend Approved as to form:
By:
_ -CAW---
By:
Printed Name: i Ok 6 i min avis
Printed Name:
Title: ioy"
L® � Title: City Attorney
Date: / /
Date:
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STATE OF WASHINGTON }
} SS.
County of }
I certify that I know or have satisfactory evidence that John Nesset is the person who
appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he is authorized to execute the instrument and acknowledged it as the
Manager of Emerald Seisin, LLC, to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
DATED: G�`�1s ,2 a 9
N me (typed or printed): , S
\1f NOTARY PUBLIC in and for the State of
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..........,*f t/' � Washington
• �� T �`f Residing atL(� " �S
a Q�v407, q�` = My appointment expires: t, mjj 2.
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EXHIBIT A
City of Port Townsend Howard Street Extension Project
Legal Description For Temporary Construction Easement(A.P H.989 800 052)
That portion of Lot 52,Port Townsend Business Park Planned Unit Development,recorded in
Volume 16 of Surveys,Page 33,records of Jefferson County,Washington described as follows:
Beginning at the southwest corner of said Lot 52,Port Townsend Business Park;
Thence South 88°41'16"East along the south line of said Lot 52,a distance of 50.62 feet to the
True Point of Beginning of this description and to the beginning of a non tangent curve to the right,
having a radius of 80.50 feet,the center of which bears North 07°37'52"East;
Thence along the arc of said curve through a central angle of 45134'23",an are distance of 64.03 feet
to the west line of said Lot 52 and the beginning of a non tangent curve to the right,having a radius of
370.00 feet,the center of which bears North 86°25'47"East;
Thence along said west line of Lot 52 and along the arc of said curve through a central angle of
02145'17",an arc distance of 17.79 feet;
Thence South 24°28'42"East,a distance of 10.21 feet to the beginning of a tangent curve to the left,
having a radius of 60.00 feet,the center of which bears North 65°31'18"East;
Thence along the arc of said curve through a central angle of 64112'34",an are distance of 67.24 feet;
Thence South 88°41'16"East,a distance of 13.45 feet;
Thence South 01°18'44"West,a distance of 5.00 feet to said south line of Lot 52;
Thence North 88'41'16"West along said south line of lot 52,a distance of 16.35 feet to the True
Point of Beginning and the end of this description.
Containing 0.01 Acres,445 Square feet more or less
A/V
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CURVE TABLE EXHIBIT B(PARCEL NO. 989-800 052)
NUMBER DELTA ANGLE RADIUS ARC LENGTH SHOW/NG HOWARD ST.R.0.W.ACQUISITION
CI 04'44'11" 370.00' 30.58' ANDACCOMPANY/NG
C2 02 45'17" 370.00' 17.79' TEMPORARY CONSTRUCT/ON EASEMENT
C3 0236'30" 370.00' 16.84' THROUGH LOT 52,P.T.BUS/NESS PARK
LEGEND:UNLESS OTHERMSE NOTED WITHIN THE NE 1/4, SE IA SECTION 9,
...RIGHT OF WAY CENTERLINE T 30 N., R. 1 W, W.M.
_————- - - ...PARCEL LINE JEFFERSON COUNTY, WASHINGTON
® ®® ®®®...EDGE OF RIGHT OF WAY
...EDGE OF HOWARD ST. DAA
RIGHT OF WAY ACQUISITION
OF FIELD SURVEY-
K X <XXXX�C ...EDGE OF HOWARD ST. TEMP. APRIL 2011 THROUGH JULY, 2014
CONSTRUCTION EASEMENT EQUIPMENT,
TRIMBLE S6 3"ROBOTIC TOTAL STATION
LOT 49 TRIMBLE TSC2 DATA COLLECTOR
' N 8830'12" W
------ 120.05' ------�
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LOT 52
i� P.T. BUSINESS PARK
W 34 VOL 16 OF SURVEYS, PG 141
Qz VOL 7 OF PLATS, PG. t w I
0 'V
HORIZONTAL DA711H.
as og �I06 WASHINGTON COORDINATE
SYSTEM OF 1983,
M I 3 Nf ole ADJUSTMENT 1991, NORTH
Q 2) ZONE, NORTH AMERICAN
S 24'28'42" E DATUM (NAD 83/91) PER
0 10.21' I VOL. 19 OF SURVEYS,
2 U I PAGES 61-70.
p I ALL BEARINGS ARE RELATIVE
TO SAID GRID. DISTANCES
I n wo S 8841'16" E REDUCED TO GRID ARE
1345' I 0.999933 OF HORIZONTAL
GROUND DISTANCE.
S 0178'44" W
3g'" a 5.00' I
_6QT6/2'
_ P 2 47.33' —J o VA,*
S 88 41'16" E 114.29 O�'t j,
T.P.O.B. X453423"
(R.0.W.) R=80.50' 16.35'
q L=64.03' T.P.O.B.
® (EASE 35986
i t )
SOUTH PARKA VE. o
IScale 1 " = 40'
0 40' 80' 120'
DATE:
TITLE: EXHIBIT B
m W VANALLERSURV/EYING SHOWING HOWARD ST. R.O.W. ACQUISITION
v o AND ACCOMPANYING TEMP. CONSTRUCTION EASE
o P.O.BOX 757*CAE ,WA.*98324 CLIENT: CITY OF PORT TOWNSEND
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25O MADISON STREET
PHOIE:(360}683-3438 *FAX }683-3241 360 PORT TOWNSEND, WA 98368