HomeMy WebLinkAboutSafe Harbor Recovery Center, Inc. - Temporary Construction Easement 596490 PGS : 5 EASE
12/29.■/12015 1■■1:40 erson countWMMIIII$77.00 JLEFFERSONYTITLE
'C■IO INC
mill ��jLri N..I■ ��ll�lf1C AililIIitor
After Recording Mail To:
City of Port Townsend N0 IRFAk-Es-fPv
250 Madison St, #2R GXCkSE TAX��=CUIRF aplsug k
Port Townsend, WA 98368 �EFFE�SpN G4uNTY
TEMPORARY CONSTRUCTION EASEMENT
Grantor: Safe Harbor Recovery Center, Inc.
Grantee: City of Port Townsend
Abbreviated Legal: E Y2 Blk 5, Swan Park, Vol 1 of Plats, Pg 40
Tax Parcel No.: 997-800-502
Howard Street Extension Project
THIS INSTRUMENT is made this - day of C-" 6 ,
20 ] , by and between Safe Harbor Recovery Center, Inc., a Washington
corporation who acquired title as Safe Harbor Recovery Center, Inc., 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 Seven Hundred
Twenty-Six and 00/100ths Dollars ($726.00).
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.
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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 T day of d , 20 f
Safe Harbor Recovery Center, Inc.
By: �i , W�"j'
Gleeford Ke ler, Jr., President '
Date: /0 — 5-- Z,E'
Accepted by the City of Port Townsend Approved as to form:
By: By:
Printed ame: 'F1m4,cvvS Printed Name: r
Title: .0
Date: Title: City Attorney
Date: ).
STATE OF WASHINGTON }
ss.
County of }
I certify that I know or have satisfactory evidence that Gleeford Kessler, Jr., is the person
who appeared
,,before,me, and said person acknowledged that he signed this instrument,
on oath stat° dmi thorized to execute the instrument and acknowledged it as
the Pre 0�,a.t•,afiS Recovery Center, Inc. to be the free and voluntary act of
such pirfy.foi'th es��i6grposes mentioned in this instrument.
N `ITT, N.
DATE6: =I
Cynthia . Whelpley
NOTARY PUBLIC in and for the State of Washingto
Residing at Oak Harbor, WA
My appointment expires: November 3, 2016
3
EXIMITA
City of Port Townsend Howard Street Extension project
Legal Description For Temporary Construction Easement(A.P N.997 800 502)
That portion of the east 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 southwest corner of said east half of Block 5,Swan Park;
Thence South 88'30'10"East along the south line of said Block 5,a distance of 77.80 feet to the
True Point of Beginning of this description;
Thence North 18°04'56"West,a distance of 140.41 feet;
Thence North 01°49'19"East,a distance of 157.58 feet to the beginning of a tangent curve to the
right,having a radius of 36.00 feet,the center of which bears South 88'10'41"East;
Thence along the arc of said curve through a central angle of 41°58'43",an arc distance of 26.38 feet;
Thence North 43°48'02"East,a distance of 21.75 feet to the north line of said Block 5;
Thence South 88'30'10"East along said north line of Block 5,a distance of 17.94 feet;
Thence South 02°20'25"East,a distance of 7.34 feet to the beginning of a non tangent curve to the
left,having a radius of 31.00 feet,the center of which bears South 09'42'15"West;
Thence along the arc of said curve through a central angle of 97°52'56",an are distance of 52.96 feet;
Thence South 01'49'19"West,a distance of 170.42 feet;
Thence South 18°04'56"East,a distance of 129.20 feet to the south line of said Block 5;
Thence North 88'30'10"West along said south line of Block 5,a distance of 3.18 feet to the True
Point of Beginning and the end of this description.
Containing 0.04 Acres,1,937 Square feet more or less
VAN
Law
t:.
EXHIBITB(PARCEL NO. 99T 800-502)
SHOWING HOWARD ST.R.0.opt!ACQUISITION
AND ACCOMPANYING
TEMPORARY CONSTRUCTION EASEMENT
LEGEND.UNLESS OTHERMSE NOTED THROUGH THE EAST 1/2,BLOCK 5, SWAN PARK
...RIGHT OF WAY CENTERLINE WITHIN THE NW 1/4, SE 1/4, SECTION 9,
...PARCEL LINE T. 30 N., R. 1 W.., W.M.
...EDGE OF RIGHT OF WAY JEFFERSON COUNTY, WASHINGTON
�lf�Z-Z�Z ...EDGE OF HOWARD ST. DATE OF FIELD SURVEY'
RIGHT OF WAY ACQUIS177ON APRIL 2011 THROUGH JULY, 2014
1�?CXX�iX�C ...EDGE OF HOWARD ST. TEMP.
CONSTRUCTION EASEMENT EQUIPMENT'
TRIMBLE S6 3" ROBOTIC TOTAL STATION
N 88 30'10" W TRIMBLE TSC2 DATA COLLECTOR
N 43:4670-2- E E
211.75.75'1 9TH STREET
N 8830'10" W 139.37'
�5 j�' x 67.66® I
/ 7.34'
o S 0220'25# ECo ,
;o cq a cy 1
(rn � i� d=3T52'S6" 1�
'V2 R=31.00' M
M L=52.96'
/ cc
1
HORIZONTAL DATUM:
<r �} 4 0 1 t1 i WASHINGTON COORDINATE
o O Q v0-> ! W SYSTEM OF 1983,
CL ADJUSTMENT 1991, NORTH
4 666 M c7 ZONE, NORTH AMERICAN
N o vl (, DATUM (NAD 83/91) PER
VOL. 19 OF SURVEYS,
Co 3 PAGES 61-70.
ALL BEARINGS ARE RELATIVE
z N Lu > TO SAID GRID. DISTANCES
REDUCED TO GRID ARE
0.999933 OF HORIZONTAL
GROUND DISTANCE,
I 1
TP.O.B.
(R.O.W.)/�+ 3.18'
f �7 '80, 58.55'
S 8830'10' E 139.53'® {
T.P.O.B.
(EASE.} 7TH STREET
S 8830'10' E LA
Scale 1 " = 60' f
0 60' 120' 180'
DATE: 3-
Co IANALLERSURVEYING
TITLE
HOWARD ST.HRBO.W. ACQUISITION
m o AND ACCOMPANYING TEMP. CONSTRUCTION EASE.
o p O 80X 757*CAKrM WA,*0324 CLIENT: CITY OF PORT TOWNSEND
250 MADISON STREIT
v ro MUE:(360)683-3435 *FAX. (360)683-3241 PORT TOWNSEND, WA 98368