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HomeMy WebLinkAboutLife Design Homes, LLC - Water & Storm Drainage EasementReturn Address: City of Port Townsend 250 Madison St. Suite 2 Port Townsend, WA 98368 613 PGS : 5 EASE 01/26/20181 O 66 PAN $79.00 CITY OF PORT TOWNSEND Jefferspn County NA Auditor's Office - Rose Ann Carroll, Auditor mill' KIM,IVARI10 0 dl IWI JUANA,Ilowk 11111 Above this line reserved for recording information. WATER AND STORM DRAINAGE EASEMENT Reference # (if applicable): N/A Grantor: Life Design Homes, LLC Grantee: City of Port Townsend Legal Description/STR: PORT TOWNSEND O.T. BLK 37 LOTS 5 & 7 TAX 8(E 1/,.) T.L. DIST 103 Assessor's Tax Parcel ID#: 989-703-702 For and in consideration of the mutual benefits to be derived by the Grantor, Life Design Homes, LLC, Grantor, a Washington limited liability company, hereby conveys and warrants to the City of Port Townsend, Grantee, a municipal corporation of Jefferson County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property ("Easement Area") for the purpose of laying and installing two storm drainage catch basins, and associated storm drainage pipes, and appurtenances thereof, said Easement Area being a portion of the above -designated Tax Parcel ("Parent Parcel") and described as follows: SEE EXHIBIT A (Parent Parcel) AND EXHIBIT B (Easement Area), ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the right, at times as may be necessary, for immediate entry upon said Easement Area for the purpose of construction of the above improvements without incurring any legal obligation or liability for said entry that is not caused by the Grantee's negligence. Said Grantor shall not in any way block, restrict or impede full use of the real property within the above-described Easement Area by said Grantee for the above-described purposes. No building, wall, rockery, fence, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said Easement Area in such a manner as to interfere with the function of the catch basins, without the express written consent of the City. Water and Storm Drainage Easement Page 1 of 5 Without the written approval of the Grantee, the Grantor shall make no excavation within three (3) feet of said water or storm service facilities or change the surface level of the ground from the current elevation. The Grantee shall not unreasonably withhold such approval. Grantor grants to the City the right of ingress and egress to the Easement Area over and across all paved, graveled, or otherwise improved driveways or parking lots within the Parent Parcel to inspect the improvements. If direct access to the Easement Area is not available from such driveways or parking lots, the City's right of ingress and egress shall include such other areas within the Parent Parcel as the City determines are necessary to access the Easement Area from such: driveways and parking lots or from the Parent Parcel's boundaries. In the case of any damage or disruption of the Parent Parcel, the City shall return the property to a condition as good as or better than it existed immediately before entry and/or work was made thereon by the City or its agents. Grantor additionally grants to the City the use of such additional area immediately adjacent to said Easement Area as shall be required for the construction, reconstruction, maintenance and operation of said water or storm facilities. The use of such additional area shall be held to a reasonable minimum and in the case of any damage or disruption of the Parent Parcel, the City shall return the property to a condition as good as or better than its condition immediately before entry and/or work was made thereon by the City or its agents. In addition to the other restrictions herein, Grantor shall not convey to a third party any easement or other right of usage in the Parent Parcel that would impair or limit the City's use of the Easement Area. Grantor agrees to accept run-off of surface water onto the parent property from City rights-of-way. Grantee agrees to not obstruct,„ or artificially collect or discharge the now of water onto Granter's property. Grantor further agrees that it will be responsible for on-going maintenance and any repairs of all components from the pointof connection with the City's storm drainage system, including under the public sidewalk, back to the Grantor's property. [Remainder of page intentionally left blank] Water and Storm Drainage Easement Page 2 of 5 The parties intend that the benefits, burdens, and obligations set forth in this Easement shall run with the Parent Parcel and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHEREOF, said corporation has c ,used this instrument to be executed by its proper officer(s) this ZZ— day of _ 2018. Authorized Signator STATE OF WASHINGTON) )ss. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that Michelle Sandoval is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged as the (position) i 1 . of Life Design Homes, LLC, a Washington fimited-fiabifity company, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated"~" , t T m r Water and Storm Drainage Easement Page 3 of 5 ii D-CIOL ki Notary � uablic forthState W� � ingt��n My appointment expires 10 1 Exhibit A Parent Parcel Legal Description Lots 5 And 7, Block 37, Original Townsite of the City of Port Townsend, according the Plat recorded in Volume 1 of Plats, Page 1, and tidelands District No. 103. Together with vacated portion of Harrison Street vacated under Ordinance 1190 of the City of Port Townsend, that attach by operation of law. Situate in Jefferson County, Washington Water and Storm Drainage Easement Page 4 of 5 Exhibit B Easement Area Diagram 16 LF OF 6" @ 0..48% CB#6 A 124-95.50, 45.25' 1...T CATCH BASIN TYPE PVC RM 13,84 CONNECT EXISTING P'IPE INTO CATCH BASIN IE K12.33± (6" NW) IF ft 12,33±: (6" NE) IE OUT: 12,33± (6" SE) Water and Storm Drainage Easement Page 5 of 5 CB#9 A 13.4-12,00, 45.25 LT CATCH BASIN TYPE PVC RIM: 13,77 11 0 12.41 (6" `SW) -1 ----------- CATCH BASIN -EASEMENT WNDERNERE 1210 WArER ST Tel. qp ILI . ........... . .. . ...... ..... ..... Department of Revenue Washrngten State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if artalsa.le indicate /a1 sold. List crocnta eofownershipaetluir^ednexttoeachname. . ......... p,_.,.._._._.._x._._.� ....... ........ F.�......... .._..... ........ ...... Name._Uf1p..ReSiQn FlomR__...._............. m. Name X�%2f PDft TrJwnS II ...._....m_..,................ u _---------- ....m_....,m..._...... ..... w n Mailing Address 686 ROOSBV01t Street r F Mailing Address 250 Madison 'Jtre2t w� City/Statelzip Port Townsend. WA 98368 ma City/State/Zip Port Townsend, WA 98368 ........................_ Phone No, (including area code) Phone No.. (including area code). ... ........................ Send all property tax correspondence to ❑ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers — check box if personal property Name Life Design Homes LLC 989!703702 ._.........m.........--------- 0, ,819,905 ........................................ Mailing Address c/o Michelle Sandoval, 686 Roosevelt St. . ....... ... .... .... ............ City/Statelzip Port Townsend, WA 98368 __._... ..................mm... Phone No. (including area code) Street address of property; 1220, Water Street _ This property is located in Port Townsend ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) Lots 5 And 7, Block 37, Original Townsite of the City of Port Townsend, according the Plat recorded in Volume 1 of Plats, Page 1, and tidelands District No. 103. Together with vacated portion of Harrison Street vacated under Ordinance 1190 of the City of Port Townsend, that attach by operation of law. p. Select Land Use Code(s): List all personal property (tangible and intangible) included in selling 63 - Business services price. enter any additional codes: N/A (See back of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferral under ❑ 0 chapters 8436, 84.37, or 84.38 RCW (nonprofit organization, senior citizen, or disabled person, homeowner with limited income)? ® YES NO Is this property designated as forest land per chapter 84.33 RCW? ❑ Q Is this property classified as current use (open space, farm and ❑ 0 agricultural, or limber) land per chapter 84.34 RCW? Is this property receiving special valuation as historical property ❑ per chapter 84.26 RCW? if any answers are yes, complete as instructed below. 0) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or classification it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land []does ❑ does not qualify for continuance DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNFR(s):'To continue special valuation ashistoric property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCI , shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME I CERTIFY UNDER PENALTY Signature of Grantor or Grantor's Name (print)„ Mlohell Date & city of signing: If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) N/A Reason for exemption N/A Type of Document Water and Storm Drainage Easement Date of Document �I 1 � .__ ............mm........... Gross Sellin Price $ 1,836.00 g *Personal Property (deduct) $ __.. Exemption Claimed (deduct) $ Taxable Selling Price $ 1,836.00 Excise Tax : State S 23^50 00050 I Local S_----- 9.18 *Delinquent Interest: State Local $ *Delinquent Penalty $ Subtotal *State Technology Fee $ _ 5.00 *Affidavit Processing Fee $.................. _ 0.00 Total Due $ 37.68 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS THAT IE FOREGOING IS TRUE AND Ir'nature of antee or Grantee's Agent,_ N` 43nw: (print) _, Date & city of Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by _a fine in anmnt fixed by, the court of not more than five thousand dollars�$S,0t7Q.00��or b�P both im�r soi?rt�nt and fine (]w (,- W REV 84 0001a (09/06/17) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER