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Home My WebLink AboutPacific Funding Corporation; FPH Land LLC; Winchester Investment Corporation - Temporary Easement 0 •4 56 EASE 12/28/2018 08:43 RM $102.00 MARK ZENGER Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor mill NFIFIN31111NWIWIV 10FlUbOI NIA 11111 Pacific Funding Corp,FPH Land LLC,Winchester Investment Corp. P.O.Box 1449 Edmonds,WA 98020 NO PFAL FSTATE E C._.E TA-' RFU'J!i?f D JE_FFERSGN COU TYIREASURER BY: TEMPORARY EASEMENT GRANTOR(S): Pacific Funding Corporation, a Washington corporation FPH Land LLC, a Washington Limited Liability Corporation Winchester Investment Corporation, a Washington corporation. GRANTEE: City of Port Townsend, a Washington municipal corporation Brief Legal Description of Property: SW 1/4 of the SE 1/4, Sec. 9, T30N, R1W, W.M. JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NOs. 001-094-006 REFERENCE DOCUMENTS: -PT 20 Short Plat, AFN , 2_1564 FOR AND IN CONSIDERATION OF ONE DOLLAR($1.00), and other good and valuable consideration including partial fulfillment of approval conditions for the PT 20 Short Plat, Pacific Funding Corp. FPH Land LLC and Winchester Investment Corp. ("Grantor") hereby conveys and warrants to the City of Port Townsend ("Grantee"or"City"), its governmental successors, and assigns, a temporary, non-exclusive easement over,through, under and across the following described property situated in Jefferson County, Washington, subject to and together with the Purpose and Terms of Easement set forth in this instrument: 1. Legal Description of Property Subject to Easement ("Grantor's Property") See attached Exhibit A 2. Legal Description of Easement("Easement" or "Easement Area"): That portion of the SW 1/4 of the SE 1/4 lying southerly of State Highway 20 in Section 9, Township 30 North, Range 1 West, W.M., Jefferson County, Washington, except the east 300.00 feet thereof, described as follows: Beginning at the intersection of the west line of said East 300.00 feet and the southerly margin of said State Highway 20; thence South 01' 47' 47"West along the West line of said East 300.00 feet a distance of 267.54 feet to the true point of beginning; thence continuing South 01' 47' 47" West along said West line, a distance of 91.00 feet,thence North 88° 12' u. 13" West, a distance of 40.00 feet; thence North 01' 47' 47"East, a distance of 91.00 feet; thence South 88° 12' 13"East, a distance of 40.00 feet to the true point of beginning. 3. Purpose and Terms of Easement. This Temporary Easement conveys and grants to the City, and the public in general, a temporary vehicle turnaround and underground utility easement through, under and across the easement area described in Section 2, above. Grantor has constructed a paved vehicle turnaround and underground utility consistent with City-adopted standards in partial fulfillment of conditions related to Grantor's adjoining PT 20 Short Plat, referenced above. Per these conditions, the Temporary Easement is to remain in place until the new internal public roadway dedicated by the PT 20 Short Plat(Evans Vista) is extended westward. 4. The Temporary Easement is subject to the following: a. This Temporary Easement shall be binding upon Grantors and their successors and assigns, and binding on the Grantee and its governmental successor and assigns, and constitutes a covenant running with the land. b. Structures and/or permanent storage within the Temporary Easement Area are prohibited. This does not apply to signage and/or other City approved traffic control devices (such as,but not limited to, end of road barriers)which are permitted. Private utility lines are allowed in the easement so long as they do not interfere with Grantee's facilities and are separated as required by applicable law and regulation. c. Grantee shall have the right at all times to enter the Temporary Easement Area for the purpose of maintaining the vehicle turnaround and underground City utility improvements, including but not limited to, inspecting, maintaining, improving, repairing, constructing, reconstructing, locating,relocating any utility lines, and removing trees, shrubs or brush as necessary to accomplish these purposes and protect the vehicle turnaround and underground utility. d. So long as this Temporary Easement remains in effect, all costs associated with inspection, maintenance, repair, construction and/or reconstruction of the improvements built by Grantor within the Temporary Easement Area shall be borne by Grantee. At such time as the Temporary Easement is extinguished (see paragraph 4.f, below), Grantee's responsibility for maintenance of the completed improvements will continue for only those portions which remain inside a replacement public easement and/or public right-of-way dedication that is acceptable to the City. e. No trees shall be planted in the Temporary Easement Area without Grantee's advance permission. Grantee has the right to remove vegetation or trees that in Grantee's judgment endanger or increase the costs to maintain, repair or reconstruct Grantee's improvements. f. This Temporary Easement may be terminated only upon either: (a)written approval of the City of Port Townsend Development Services Department(which Grantor may request once a year in writing); or(b) Grantor obtaining a ruling from any competent authority finding that its purpose has been reasonably met by other improvements or recordings. Termination of the Temporary Easement must be made in writing in a form acceptable to the City Attorney and be recorded with the Jefferson County Auditor. All costs associated with preparation and rescission of this Temporary Easement are the responsibility of the Grantor and/or Grantor's assigns. IN WITNESS WHEREOF,this Temporary Easement is executed this 261"day of 2018. GRANTOR(S): (see signatures on following page.) SIGNATUtI ' -- PACIFIC FUNDING CORPORATION Date 11 1.1 I.AN. LCThe Date WINCHESTER INV I TMENT CORPORATION Date STATE OF WASHINGTON ) )ss. COUNTY OF tIn Ibis J910...day of ...... ......m.. °20I$, beliarc me the undersigned,a Notary Public(ILIly com"nissioned"uid sworn, personally appeared George E.Barber,President of Pacific Funding Corporation,who signed and acknowledged this instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said instrument. Given under my hand and official seal this I& day of 14..... __, .mm -,2018. + '46 °�i,�iC I rn"t Name . rt4Ot � A Pl BLI w in and for the 5...... �.,.....m. tate of Washington, -siding at: o < y NN u y appointment expires C^f,4__1_0 . SI'ATF'Oh W ASI IING I"ON ) ��r �1 . COUNTY Ct1 `I l WAS ._ I I I I l l\\v,\ � \ On this day of +018,before me the undersigned, a Notary Public duly commissioned and sworn, personally apear ped Robert.A. Mathwig, M-it Tager of FPFI Land LLC, who signed and acknowledged this instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Given under n"fy hand and official w al this ��day of ., _ :.2018. l'ri"t .in .y„"t41k1 : 1 1'I C i and for the Sta�"I" ashin toll, a a ti t Jost rr"g at. ��._ w.• nti M a� art.ex ues m. Y"I p o�ntnt P STATE Ol WASIIING'1'C1N P v un COUNTY day o 1 � m � ��” � � ' rr� o °w4Jt",�� Oil this ("',� be .... lore rrre the undersigned, a Notary Public duly commissioned and sworn, personally appeared Mark Zenger, President of Winchester Investment Corporation, who signed and acknowledged said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Given under my hand and official seal this day of, 2018. N�l.•,��',�1t111111 �� 1 � �� T Nt 11I (Print Name) NOTARY PUBLICin and f7or ttt�r the Staic of Washington, +� �► � ,.� Residing at...LVi"Ikl My a ointnient ea "r � ' v N1 1A AGB L\G ,19 . -w"` �'prI OF WASt* `"