HomeMy WebLinkAboutCity to Pacific Funding, et al. - Easement6195916 PGS . 5 EASE
0912812018 11 .29, Aft 1?3 �dA� Fil? T' Afd Rel Ahs TITLE
,Jef fersen ca raky IIR Ruedlt r ° s' Office — Rose Ann 0arrol l n Auditor
mill WITIAVAN, A LAIN0,17,11 AAMU41 III III
When recorded return to:
City Attorney
City of Port Townsend
250 Madison Street
Port Townsend, WA 98368
NO REgL ESTATE
EXCI;--,N E TA _X RLQUIRED
'n JEFFERSOI-�OUIVIY 1 HEASURER
�d EASEMENT BY:
Grantor: City of Port Townsend
Grantees: Pacific Funding Corporation, FPH Land L.L.C., and Winchester Investment Corporation
Abbreviated Legal: S16 T30N R1W Tax 49 (less Tax 63)
Assessor's Tax Parcel Number(s): 001-162-017
This Easement is made as of the last date signed below, by and between the City of Port Townsend, a
Washington municipal corporation ("Grantor") and Pacific Funding Corporation, a Washington profit
corporation; FPH Land L.L.C., a Washington limited liability company; and Winchester Investment
Corporation, a Washington profit corporation (collectively, "Grantees").
RECITALS
1. Grantor is the owner of certain real property located in Jefferson County, Washington, namely
parcel number 001-162-017, which is legally described on Exhibit A (the "Property"); and
Grantees are the owners of certain real property located in Jefferson County, Washington, namely
tax parcel numbers 001-094-006 and 001-094-002; and
3. Grantor provides access to Grantees across parcel 001162017 for ingress, egress, and utilities for
the benefit of the properties identified as parcels 001-094-006 and 001-094-002.
NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Non -Exclusive Easement. Grantor grants and reserves a perpetual, non-exclusive easement over,
under, across and through parcel 001-162-017, which easement shall be a forty (40) foot wide
strip of land parallel to and immediately south of the northerly boundary line of the Property. The
easement is granted and reserved for the benefit of, and appurtenant to parcels 001-094-006 and
001-094-002, for ingress and egress and for the construction, operation, maintenance, and repair
of utilities.
2. Access. Grantees shall have the right of access to the right-of-way, over and across the easement
area of the Property, to enable Grantees to exercise their rights hereunder.
3. Grantor's Use of Easement. Grantor reserves the right to use the easement area for any purpose
not inconsistent with the rights herein granted, provided that Grantor shall not construct or
maintain any building or other structure on the easement area or conduct any other activity on the
easement area that would interfere with Grantees' exercise of the rights herein granted.
4. Grantees' Use of Easement. Grantees shall not construct or maintain any building or other
structure on the easement area or conduct any other activity on the easement area that would
interfere with Grantor's use of the Property.
5. Vehicles or Equipment. No vehicles or equipment shall be parked in the easement area, except
for vehicles or equipment necessary for the temporary construction or maintenance of facilities in
the easement shall be allowed so long as they do not interfere with access rights of parcel owners.
6. Term of Easement. The rights herein granted shall continue in perpetuity and shall run with and
encumber perpetually the affected Property and shall be appurtenant to tax parcel numbers
001094006 and 001094002 and successor parcels.
7. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of
and be binding upon their respective agents, employees, successors, and assigns.
Entire Agreement. This instrument contains the entire agreement of Grantor and Grantee
relating to the easement on tax parcel number 001-162-017 and supersedes all prior or
contemporaneous oral or written agreements or any understandings, statements, representation, or
promises made between Grantor and Grantee or between either party and any prior owners of tax
parcel numbers 001-162-017, 001-094-006, or 001-094-002 related to an easement across tax
parcel number 001-162-017.
9. Indemnification. Each party shall indemnify, hold harmless, and defend the other party or its
officers, agents, or employees from and against all claims for injuries and/or damages suffered by
any person that may be caused by or may directly or indirectly arise out of any act or omission of
the party, its officers, agents, or employees. Each party shall indemnify, hold harmless, and
defend the other party to the extent of damages, costs, and/or losses to third parties arising from
their negligent acts or omissions or that of their officers, agents, or employees.
Dated as of the date last signed below.
GRANTOR:
1'Port Tonsend
David Timmons, C° y Manager
Date:
GRANTEES:
Pacific 1 &3arlbiter
"ation
By: aeorg
Its: President
Date: ... g
2
Approved as to form:
{-wc
li (are nlod, Citi
1.cw � Att
FPH 1. cl L.L.C.
By: Robert C. Mathwig
Its: Manager
Date: 9-"
Winchester Investment Corporation
By. Mark O. Zenger
Its: President
Date: Ifizo
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON
On this 4-taly of' of the Cit; 2018, before me personally appeared David Timmons, to me
known to be (lie: City Manager Port Townsend, the municipality that executed the foregoing
instrument and acknowledged it to be the free and voluntary act and deed of the municipality, for the uses
and purposes mentioned in the instrument, and on oath stated that he is authorized to execute the
p,,strunienf he
X0011111it on behalf otpmvni,cipality.
E to
I Of 4c
4t 4�44! X [Print name:]
'0A 0S
0 '0
Notary Public in and for the State of Washingtoii,
1P
residing at
My commission expires:
OF
40 1 fit 111100000
STATE OF WASHINGTON
ss.
COUNTY OF.1 H10 M-" a�M
I certify that I know or have satisfactory evidence that George E. Barber 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 President of Pacific Funding
Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
,"-MON [Print name: c—
An
0 I'A Notary Public in and for theState. of Washington,
.(j residing at
% % My commission expires: 2- 2-
A
3
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that Robert C. Mathwig 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 Manager of FPH Land L.L.C., to be the
free and voluntary act of such party for the uses and purposes mentioned in this it strument.
M
Dated:
"C AN r)
0"'
STATE OF WASHINGTON )
o ) ss.
COUNTY OF ` )
NAaay Njbl.c i 114 the State eaI ashington,
residing at
w oq
My coninii cion expires:
I certify that I know or have satisfactory evidence that Mark O. Zenger 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 President of Winchester Investment Corporation, to
be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.
'e�,.
[Print name:] "'"c,,.
Notary Public in and for the State of Washington,
residing at
My commission expires: ®
4
Exhibit A
LEGAL DESCRIPTION:
That portion of the following described property lying Easterly of the right of way for Glen Cove
Road (otherwise known as Mill Road),
Beginning at the Northeast corner of the Northwest 1/4 of Section 16, Township 30 North,
Range 1 West, W.M.,
thence South 1251 feet;
thence West 1387 feet;
thence North 1251 feet;
thence East 1387 feet to point of beginning;
EXCEPT the following described property:
That portion of the Northeast 1/4 of the Northwest 1/4 of Section 16, Township 30 North, Range
1 West, W.M., Jefferson County, Washington being more particularly described as follows:
Commencing at the North 1/4 corner of Section 16;
thence South 02° 01'25" West along the East line of the Northwest 1/4 of Section 16 for a
distance of 361.76 feet to the Point of Beginning;
thence continuing South 02° 01' 25" West along said line 100.31 feet to the Easterly right of
way line of Mill Road;
thence North 40° 41' 03" West along said Easterly right of way line 102.32 feet;
thence Easterly along a curve to the right having a radial rearing of South 19° 38' 44" East, a
central angle of 03° 31' 34" and a radius of 1199.49 feet, for a distance of 73.82 feet; to the Point
of Beginning.
SUBJECT TO a 40 -foot easement that touches and runs with the land for ingress, egress, and
utilities for the benefit of the adjacent properties identified as tax parcel numbers 001-094-006
and 001-094-002. The location of the easement is parallel to and immediately south of the
northerly boundary line of the above-described parcel, a width of 40 feet.
Situate in the County of Jefferson, State of Washington.