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Home My WebLink AboutPTBP LLC - Partial Release of Sewer EasementS: 4 MULTI 121/112017 03:21 PM $151 0 gEFFEE�R ON TULLA GO 5��9��I qY Bitarll raf ll w4csI &M? J51W Will 1114 tt�rr Filed at the request of, and when recorded return to: NO 6 =.. ESTATE PTBP LLC EXCI` 1 a,1'4' RE(�l.IiRED P. O. Box 1449 JEFFERSO 1iTY TREASURER Edmonds, WA 98020 A PARTIAL RELEASE 'FFRMINATION RFIAN (ASI!INIENT AND VACATION OF SEWER EASEMENT Grantor(s): PTBP LLC, and its successors, heirs and assigns as to Lot 69 and/or Lot 70, Port Townsend Business Park. Grantee(s): CITY OF PORT TOWNSEND Abbreviated Legal: NE4/SE4 of S9, T30N, RIW, W.M. Additional Legal on page: 3 Assessors Tax Parcel Number(s): 001-094-069, 001-094-070 Whereas, the CITY OF PORT TOWNSEND was granted a sewer easement across a portion of Port Townsend Business Park, as recorded under Auditor's File No. 326184 recorded November 17, 1989 (hereinafter the "Sewer Easement"); and Whereas, that portion of the Sewer Easement improvements originally located on Lots 69 and 70 of the Port Townsend Business Park have been replaced by new improvements constructed by Grantee in N. Park Avenue and E. Park Avenue; and Whereas, Grantor and Grantee wish to document the partial release, termination, relinquishment and vacation of the Sewer Easement; Now, Therefore, in consideration of the mutual promises contained in this Partial Release, Grantee hereby releases the portion of the Sewer Easement located solely on Lots 69 and 70 of the Port Townsend Business Park, as described on Exhibit A (and as depicted on Exhibit B), subject to the terns and conditions contained in this Partial Release, Termination, Relinquishment And Vacation Of Sewer Easement Agreement. 1. MISCELLANEOUS (a) Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Washington. The venue of any action shall be Jefferson County, Washington. (b) Benefit. This Agreement shall be binding upon each of the parties and their respective heirs, successors, and assigns; the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective heirs, successors and assigns. (c)MLvcr or Moch It _kktt rn,. Each of the parties has the right to waive the other party's compliance with any obligation of this Agreement, but a waiver by any party of any obligation will not be deemed a waiver of compliance with any other obligation or of its rights to seek redress for any breach of any obligation on any subsequent occasion, nor will any waiver be deemed effective unless in writing and signed by all parties. This Agreement may be amended at any time and from time to time only by a written instrument executed by the parties hereto, their successors and assigns; and recorded in the office of the Jefferson County Auditor. (d) LntJre Alar u'c'rtic'flt. This Agreement, together with all schedules and exhibits (if any), contains the entire agreement of the parties hereto and supersedes all negotiations, agreements, and understandings between the parties with respect to the subject matter hereof. Dated an of than...... _.. fi4 day of --.44- 2017 GRANTEE: CITY OF PORT TOWNSEND GRANTOR: PTBP LLC, By Its Manager, Tarboo Traders LLC BY � BY _. - W._ R David G. Timmons, City Manager It aortagcr STATE OF WASHINGTON ) ) ss. COUNTY OF 1 l 1 l.RSON � � On this day of"l �tG N 7„ persosa lly� appeaA�ed l��cf'orc �mc 1)avid G. Timmons, Known to me to lie the CityManager of the City of Port Townsend, the entity that executed the foregoing instrument as Grantor, and aackno wwledgAhc said instrument to be the free and voluntary act and deed of said entity for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal on the date set forth above in this certificate. AMBER EMSLIE LONG Notary Public State of Washington My Commission Expires June 19, 2018 STATE OF WASHINGTON) Notary Public in and for tl4r-SSVAIL_�al"'Washington, residing at 1.. My commission expires,G f I �• tin khu . �_.._ day a l� •rr ' 017, personally appeared before me Mark Zenger, known to me to be the Manager of Tarboo Traders LLC, the entity that executed the foregoing instrument as Grantee, and acknowledge the said instrument to be the free and voluntary act and deed of said entity for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal on the date set forth above in this certificate. z * 4 + Ift 0 m r � i 2018 a tea+" ;X."WAS err+�w++• rw gym" -foe ...................... Notary Public in and for the State of Washington, residing at., iMy commission expires mmmmmmm mm u EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA BEING RELEASED, TERMINATED, RELINQUISHED, AND VACATED FROM SEWER EASEMENT PER AFN 326184 Any and all portions of the Sewer Easement recorded on November 17, 1989 (under Auditor's File No. 326184) in favor of the City of Port Townsend, a municipal corporation in Jefferson County, Washington; lying within the boundaries of the following described Property: Lots 69 and 70 of that certain survey recorded in Volume 18 of Surveys, Page 6, under Auditor's File No. 392169, being a re-recording of Volume 16 of Surveys, Pages 33 and 141, underAuditor's File Nos. 374303 and 379077, all records of Jefferson County, State of Washington; known as Port Townsend Business Park, Planned Unit Development, being a portion of Government Lot 2, Section 9, Township 30 North, Range 1 West, W.M., Jefferson County, Washington (the "Property"); Situate in the County of Jefferson, State of Washington. EXHIBIT B SKETCH OF EASEMENT AREA BEING RELEASED, TERMINATED, RELINQUISHED, AND VACATED FROM SEWER EASEMENT PER AFN 326184 22 -- Cr , ° STA.1+5.00 BO' PROVIDE ESMNT'S AS REQ -D, 10' EITHER SIDE OF kd" CONSTRUCTED_ SEWER PIPE�� im . qy � �� 20'6" SS C 2.01 25 — C_ Li} SSMN #18 O STA 15+06.04 O e 5 RT , STA 14,7(; 40 bI f °his N M CI N" CONSTRUCT PER "LOOP" PROFILE BELOW .....� '�-c 2017-10-20: SANITARY SEWER EASEMENT TO BE I U. Ll RELINQUISHED (10a EITHER SIDE OF PIPE �• �� NOTE: SSMN #20 �. 13 SADDLE MH ON EXISTING SANITARY SEWER MAINJ.._- ABANDON FXISTINrp' DOWNSTREAM " i Y � ISI a TO SSMH #2,� PTiER TESTING AI�II� APPROVAL"`�O�NEW SANITARY q, t SEWR. FOR THIS PROJECT ABiINDOMEN SMALL BE BY COM'PLE'TE R MOVAL OF iMANHOL 'S & PIPES. a