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Home My WebLink AboutPT Highway 20, LLC - Temporary Construction Easement 596258 PGS : 5 EASE 12/18/2015 11:31 AM $77.00 JEFFERSON TITLE CO INC Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor mill PlAY'Al 1411141VPrl LINAWh 4ItI!AA 11111 After Recording Mail To: City of Port Townsend 250 Madison St, #2R Port Townsend, WA 98368 NO REAL ESTATE_ EXCISE TAX F3EOU!Rt=D JEFFERSON COUNTY TREASURER TEMPORARY CONSTRUCTION EASEMENT Grantor: PT Highway 20, LLC Grantee: City of Port Townsend Abbreviated Legal: Block 12 of Swan Park, Vol 1 of Plats, Page 40, TGW vacated Shasta Street(AF283098) Tax Parcel No.: 997-801-201 Howard Street Extension Project THIS INSTRUMENT is made this 8'' day of 20 ((' , _, by and between PT Highway 20, 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. 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. 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 Six Hundred Fifty-One and 00/100ths Dollars ($651.00). 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 ay of 2015. PT Hig ay 2 , L / By: Jns C en ia# , g b r Date: l Accepted by the City of Port Townsend Approved as to form: By: kt By: A4�� Printed Name: ��t(� tia��n� .� Printed Name: -C-4-'-is Title: Date: Title: City Attorney Date: P4.,l b 5 STATE OF WASHINGTON } } SS. County of } I certify that I know or have satisfactory evidence that Jens Coppenrath 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 Managing 5fy��rnber of the PT Highway 20, LLC, to be the free and voluntary act of such pari fc r t i¢E sgS,a,nd purposes mentioned in this instrument. (->� 1�C :' Name yped or printed UZ b, � � 4 NOTARY PUBLIC in and for the State of Washington Residing at aV4- &V, My appointment expires: 3 EXIMITA City of Port Townsend Howard Street Extension Project Legal Description For Temporary Construction Easement(A.P.N.997 801 201) That portion of Block 12,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 northeast corner of said Block 12,Swan Park; Thence North 88'30'10"West along the north line of said Block 12,a distance of 100.02 feet to the True Point of Beginning of this description; Thence South 26°22'06"East,a distance of 171.66 feet; Thence South O1°47'35"West,a distance of 16.95 feet; Thence North 26°22'06"West,a distance of 190.83 feet to the north line of said Block 12; Thence South 88'30'10"East along said north line of Block 12,a distance of 9.05 feet to the True Point of Beginning. Together with a Temporary Construction Easement through that portion of said Block 12,Swan Park described as follows: Beginning at the southeast corner of said BIock 12,Swan Park; Thence North 88°30'10"West along the south line of said Block 12,a distance of 56.79 feet to the True Point of Beginning of this description; Thence North 01°18'38"East,a distance of 67.14 feet; Thence North 80°29'43"East,a distance of 39.11 feet; Thence North 01°47'35"East,a distance of 5.10 feet; Thence South 80129'43"West,a distance of 44.24 feet; Thence South 01'18'38"West,a distance of 71.26 feet to the south line of said Block 12; Thence South 88'30'10"East along said south line of Block 12,a distance of 5.00 feet to the True Point of Beginning and the end of this description. Containing 0.05 Acres,2,004 Square feet more or less VAN j ! I.AI� EXHISITB(PARCEL NO. 997-801-201) SHOWING HOWARD ST.R.0.W ACQUISITION AND ACCOMPANYING LEGEND.UNLESS OTHERMSE NOTED TEMPORARY CONSTRUCTION EASEMENT ...RIGHT OF WAY CENTERLINE THROUGH BLOCK 12, SWAN PARK .._PARCEL LINE WITHIN THE NW 114, SE 1/4, SEC71ON 9, ...EDGE OF RIGHT OF WAY T. 30 N., R. 1 W., W.M. JEFFERSON COUNTY, WASHINGTON Z��Z1� ...EDGE OF HOWARD ST. RIGHT OF WAY ACQUISITION ?C?CXXXX� ...EDGE OF HOWARD ST. TEMP. DAA • CONSTRUCTION EASEMENT APRIL 2011 THROUGGHHJULY, 2074 N 883EQUIPMENT. W TRIMBLE S6 3"RO8O77C 7THSTREET T.P.O.B. T.P.O.B TOTAL STATION (EASE.) (R.0.W.) TRIMBLE TSC2 DATA COLLECTOR N 8830'10" W ®® 09.07 100.0_2' 9.05' Z ANO NO• NN � I NN. Oe 00� co < W I M � o BLOCK 12 _% z SWAN PARK I p HORIZONTAL DATUM. VOL. 1 OF PLATS, PG. 40Tv� $ WASHINGTON COORDINATE VOL 36 OF SURVEYS, PG. 366 10/� SYSTEM OF 1983, iq raj/f ADJUSTMENT 1991, NORTH 997-801-201 �� ' ZONE, NORTH AMERICAN DATUM (NAD 83/91) PER VOL. 19 OF SURVEYS, PAGES 61-70. ALL BEARINGS ARE RELATIVE S 802943" WTO TO SAID GRID. DISTANCES `O REDUCED TO GRID ARE 44.24' 0.999933 OF HORIZONTAL GROUND DISTANCE. to 00 500 .0co 0' o%�' cQ S 8830'10" F® N g 6.79' I A {, 6THSTREET T.P.O.B. 35986 0 a — – N 8830'10" W 'j IDNAL LA's� Scale 1 " = 60' 0 60' 120' 180' DATE. 3-Z'S-IS TITLE: EXHIBIT B M co VANALLER SURVEYING SHOWING HOWARD ST. R.O.W. ACQUISITION x 1 0 AND ACCOMPANYING TEMP. CONSTRUCTION EASE o P.O.BOX 757*CARNM Wk*98324 CLIENT: CITY OF PORT TOWNSEND 250 MADISON STREE - w PHOT (360)883-3938 *F& (360)683-3241 PORT TOWNSEND, WA 98368