HomeMy WebLinkAboutCity/Finney - Mutual Right of Way and Drainage EasementAFTER RECORDING RETURN TO:
City of Port Townsend
City Attorney
250 Madison Street Suite 2
Port Townsend, WA 98368
60? PGS; EASE
08/021 $7700, C11 1PORT TOWNSEND
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Document Title: Mutual ROW and Drainage Easement
Grantor(s): City of Port Townsend, Washington and M. Melissa Finney
Grantee(s): City of Port Townsend and M. Melissa Finney
Abbreviated Legal Description:_Lots 2 azid 4, Block 138_of IlicITOrjgiiiaITlITIT� �wtisite of fort `I'owtasend,
refer to Lot Linem Adjust. ent LUP 15-069
Assessor's Tax Parcel Number(s): µw ww 489-713-802 .......IT
Reference Number: I. UP 1.5-069 and SDP 16-005
CITY OF PORT TOWNSEND
MUTUAL RIGHT OF WAY AND DRAINAGE EASEMENT
IN THE MATTER OF �ni� gaud ,; ra tile, u� tcy trcet i �l of U_ (SDP No. 16-005, hereinafter
referred to as the "project").
M. Melissa lA itin r ("`OwaJ'x'"), and the City of Port Townsend, Washington ("City") -for and in
consideration of mutual benefits, the receipt of which is hereby acknowledged, warrants and conveys to
each other a RIGHT OF WAY AND DRAINAGE EASEMENT over, upon, and across the following
described real property, situated in the City of Port Townsend, Jefferson County, State of Washington, to -
wit:
Lots 2 and 4, Block 13 8 of the Original Townsite of Port Townsend, according to the Plat thereof, filed in
Volume 1 of Plats at Page 1, records of Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
The City grants to the Owner a non -perpetual easement to use the portion of the ROW shown on Exhibit
A (the "easement area") to install a rain garden stormwater overflow facility.
The Owners grant a Drainage Easement over the easement area to the City and to the public for drainage
purposes, including but not limited to allowing stormwater drainage and/or runoff over and across the
easement area, including but not limited to disposal into a drainage facility located within the same
above-described real property.
The City agrees not to obstruct, artificially collect or discharge the flow across or adjacent to the above-
described real property.
The Owners or their successors in interest agree that the City has no responsibility for constructing or
maintaining this Easement.
The Owners or their successors in interest agree that this easement will be revoked at the City's sole
discretion of the City needs the easement area for motorized or non -motorized transportation purposes.
The Owners or their successors in interest hereby release the City, and all of its officers, employees and
agents from any responsibility or liability for any damage whatsoever, including but not limited to inverse
condemnation by or to any and all persons or property arising out of or in any way incident to or
attributable to the stormwater drainage and/or runoff within this Easement.
This Easement and the agreements and duties provided for herein shall run with the land and shall be
binding on, and shall inure to the benefit of the parties referenced herein, their heirs; successors and
assigns. No modification of the boundaries of this Easement can be made without prior approval of the
City.
IN WITNESS Wl lI REOF, the undersigned has caused this instrument to be executed on this
day of ' k ; ..._., 20 -LT
�.....................
City: .._........ Owners,,,. �r
By:�
Title: °` _ Title:
STATE OF WASHINGTON )
ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that M. Melissa Finney, Grantor,
is the individual who appeared before me, and who 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.
Dated this ................ date of 120 f
STATE OF WASHINGTON
ss.
COUNTY OF JEFFERSON
NOTARY PLA 'A,, in and for the State of Washington,
Resicling at d
My appointment expires: J _:.a+' mmm m... ...m
I certify that I know or have satisfactory evidence that David G. Timmons, City Manager, is the person
who appeared before me, and said person acknowledged that he executed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned.
Dated this [._._. _ date of f i , 20
�..
=EMSLIENG
ton l YrARYPUBLICin and for then°tate of Washington,
xpires8 Residing
My appointment expires: ----------
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EXHIBIT A
Legal Description For Rain Garden in Quincy Street Right -of -Way
That portion of the Quincy Street Right -of -Way adjacent to Block 138, Port Townsend Original
Townsite recorded in Volume 1 of Plats, Page 1, records of Jefferson County, Washington
described as follows:
Beginning at the northeast corner of Lot 2 of said Block 138, Port Townsend Original Townsite;
Thence South 300 32'09" East along the east line of said Block 138, a distance of 68.01 feet to
the true point of beginning of this legal description;
Thence North 590 27'51" East, a distance of 22.00 feet;
Thence South 30° 32'09" East, a distance of 25.00 feet;
Thence South 59° 27'51" West, a distance of 22.00 feet to the said east line of Block 138;
Thence North 30° 32'09" West, a distance of 25.00 feet along said east line to the true point of
beginning.
Containing 550 Square feet more or less
End Of Legal Description