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Home My WebLink AboutJefferson County - Stormwater Utility & Maintenance Easement 637970 PGS EASE , emkCAM . fpR �n1CaJe , rsonCOy WA Rud!tor'sOfice- og. "., , kiaacll k.aa Heidi Greenwood,City Attorney City of Port Townsend 250 Madison,Suite 2 Port Townsend,WA 98368 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUNTY TREASURER n` STORMWATER UTILITY AND MAINTENANCE EASEMENT Brief Legal Description of Property: S16& 15 T30N Rl W TRAIL TAX 59(SEC 16)& TRAIL TAX 18(SEC 15)PTN.LARRY SCOTT TRAIL Jefferson County Assessor's Tax Parcel No.:001-161-004 GRANTOR: Jefferson County,a Washington municipal corporation GRANTEE: City of Port Townsend,a Washington municipal corporation For valuable consideration,receipt of which is hereby acknowledged,Jefferson County, a Washington municipal corporation("Grantor")hereby conveys and warrants,in perpetuity,to Grantee,the City of Port Townsend,a Washington municipal corporation,its successors and assigns,a perpetual,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: Full legal description of property subject to easement: Situated in the County of Jefferson,State of Washington, That portion of the Briggs Donation Land Claim in Sections 15 and 16,Township 30 North,Range 1 West of the Willamette Meridian and that portion of Tideland District 113,First Class Tidelands abutting said Section 15,described as follows: That portion of the former Port Townsend and Puget Sound Railroad Right-of-Way as shown on the Port Townsend Paper Company survey recorded March 16, 1995 in Volume 16 of Surveys,Page 153-155,Records of Jefferson County,Washington lying within said Sections 15 and 16,and said Tideland District 113,except any portion,if any, lying within the city limits of the City of Port Townsend. Containing an area of 12.8 acres more or less;less existing right of way. The legal description of the easement("Easement"or"Easement Area")is shown on Exhibit A. 1 Purpose and Terms of Easement: This Stormwater Utility and Maintenance Easement is for the purpose of granting the City of Port Townsend easement rights through,under,and across the above-described property in perpetuity for a flow dispersal trench and catch basin,36 LF of 15"PVC pipe,a section of emergency overflow spillway,a rock sump outfall,and a section of maintenance road. After construction is complete,a stormwater maintenance agreement will be signed by the parties hereto and recorded with the Jefferson County Auditor. THIS EASEMENT IS SUBJECT TO THE FOLLOWING: 1. Grantee shall construct stormwater improvements in the easement area in accordance with the project Plans by AHBL ,dated 311912020 ,and professionally stamped by Doreen, Gavin.PE . Grantee shall not alter or add to stormwater infrastructure in the easement area without written approval from the Grantor. 2. Grantee shall have the right at all times to enter the described Easement Area for the purpose of making stormwater inspections and maintaining stormwater improvements,including but not limited to,inspecting,maintaining,repairing,reconstructing,locating,and relocating any utility lines,and removing trees,shrubs or brush as necessary to accomplish these purposes and protect the stormwater utility. This is subject to paragraphs 2 and 6 below,and to the City giving 24-hours'notice except in the case of an emergency. 3. Grantee's use of the easement area shall not interfere with the operation of the Larry Scott Trail except as expressly allowed by the Grantor. Grantor will allow short duration closures of the Trail to facilitate Grantee's construction or maintenance activities. Grantee will be responsible for placement of signage or other measures Grantor deems necessary to notify the public of temporary closures or detours. 4. Any costs associated with inspection,maintenance,improvement,repair,construction, reconstruction,and improvements upon the property undertaken by the Grantee shall be borne by the Grantee. 5. This Agreement shall be binding upon the Grantor and Grantee and their successors and assigns,and constitutes a covenant running with the land. 6. Structures and/or permanent storage within the above-described Easement Area are prohibited. This does not apply to fences,which are permitted. 7. No trees shall be planted in the easement area. 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. 8. In connection with any inspection,maintenance,improvement,repair or construction or reconstruction,Grantee shall restore the property to equivalent or better condition within the Easement Area. 9. This Easement is for the benefit of the City of Port Townsend,its successors and assigns. 2 Indemnification: The City,and its successors and assigns,shall protect,indemnify,defend and hold Jefferson County,and its successors and assigns,harmless from and against any and all losses, costs,claims,suits,liabilities,causes of action,and expenses of any kind or nature(including reasonable attorneys'fees)arising out of,related to,or incurred by reason of the rights granted hereunder. IN WITH ESS WHEREOF,this Stormwater Utility and Maintenance Easement is executed this day of t" ,,r 2020. GRANTOR: JEFFERSON COUNTYBOARD OF COMMISSIONERS therton,Chair Approved as to form: Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this ` day of 2020,before me the undersigned,a Notary Public duly commissioned and swom,personally appeared Greg Brotherton,known to be the chair of the Jefferson County Board of Commissioners and who executed the foregoing Stormwater Utility and Maintenance Easement,and acknowledged said instrument to be the free and voluntary act and deed of the Jefferson County Board of Commissioners,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the year and date in this certificate above written. w"°" ltt� r GAL4 NOTARY PUBLIC f9i and for the State of W hmato � Jefferson,residing in ,, :n (uua of cty"e, My appointment 0 m � � tra`' - _� expires: " APPROVED BY GRANTEE: CITY OF PORT TOWNSEND -517'' _--.............. ....w Date: //.`9` John aro,�ity w-ager— Attest: ....... Joanna:'anders,City Clerk,MMC Approved as to form: e: r Crrcenwo d,Cityhomey 4 EXHIBIT A STORM WATER UTILITY AND MAINTENANCE EASEMENT LEGAL DESCRIP'T'ION: A storm water utility and maintenance easement over,under and across a portion of the North half of Section 16,Township 30 North,Range 1 West,W.M.,City of Port Townsend,Jefferson County,Washington,more particularly described as follows: Beginning at the North quarter comer of said section 16,thence South 02°01'48"West along the North-South centerline of said Section 16,a distance of 365.48 feet to a point on the north margin of Larry Scott Memorial Trail as shown on Volume 16 of Surveys,page 153,records of Jefferson County,Washington,said point being the True Point of Beginning of this legal description and the beginning of a non tangent curve concave to the Southeast having a radius of 1195.85 feet, the center of which bears South 16°05'11"East; Thence Southwesterly along said curve and said north margin of Larry Scott Memorial Trail, through a central angle of 03'14'02",a distance of 67.50 feet to the east margin of Mill Road; Thence South 41'18'05"East along said east margin of Mill Road,a distance of 108.65 feet to the south margin of said Larry Scott Memorial Trail and the beginning of a non tangent curve concave to the Southeast having a radius of 1095.85 feet,the center of which bears South 17°11'37"East; Thence Northeasterly along said curve and said south margin of Larry Scott Memorial Trail, through a central angle of 06°16'27",a distance of 120.00 feet; Thence North 10'55'10"West,a distance of 100.00 feet to said north margin of Larry Scott Memorial Trail and the beginning of a non tangent curve concave to the Southeast having a radius of 1195.85 feet,the center of which bears South 10'55'10"East; Thence Southwesterly along said curve and said north margin of Larry Scott Memorial Trail, through a central angle of 05°10'01",a distance of 107.84 feet to the True Point of Beginning. Containing 14,773 square feet more or less. The above described Easement is depicted on the accompanying map labeled Exhibit B,which is attached herewithin and made part of this legal description. END OF DESCRIPTION r, / V Raj' , 0 89 861 3aLLS3NOSIGVW 09Z tactl4Bs( ror 9aoesRlYJ L(x(>a nam o t-- N35Nmo� lad-40 A.L0 UN3110 � 1N3YY3SV3 33NVN3LN/VW ONV w ,unun a3Lvm YYaols oNlmoHs 9NIA3AYns&311V NVA z 8 I JGIHX3 :TULL � vs ' M � o I Q � w I I t1 •r N 4 Q WQ: F.o Z \wLo �OF � c,°Z Z cwp I Oco I WQ Q a v' c' I co I aM E.w0ft I �° I m;-EUzzw o I as II Q TLAJ ��05CLCL a I Kq I Q w (Mob) 3� I �¢ CoZ a� I oot7a I Z �o Lo 00 W W tl W O z CD 1 1 100.001 � q r- s o W 3 x ozLo o UI `°``0 0 m _ c4m0.% LQL. Q� 0ia ' Vim s�•s�ss •pis�'�'�� ..� s��y�3p"�� 'c, \ rr c CL LU o tai / R co Uj ci �D � 0 Co 00 cc 0 Qy� z 0q �OPP / / L'6 QL8U W 2 � OWy C90 CO ' ZZ per CL Lu CL C3, �f 0�� o Zci q v