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Home My WebLink AboutWave Business Solutions - Utility Easement Rotary Park Return Address: ATTN: Wave Business Solutions, LLC 3700 Monte Villa Parkway Bothell, WA 98021 UTILITY EASEMENT AGREEMENT Grantor(s): City of Port Townsend Grantee:Wave Business Solutions, LLC Abbreviated Legal: Portion of Tax Lot 20, Block 13,Volume 1, Page 1 Assessor's Parcel No::989701302 (portion of) Reference Nos. of Documents Assigned or Releases: N/A This Utility Easement Agreement (this "Agreement") is made and entered into as of this e2L day of - �_^, 2020 (the "Effective Date"), by and between City of Port Townsend, a Wash gton Municipal Corporation (the "Grantor"), and WAVE BUSINESS SOLUTIONS, LLC, a Washington limited liability company("Wave"). Background Grantor owns certain real property located in Jefferson County, Washington, commonly known as Rotary Park, Port Townsend, WA 98368, as more particularly described on Schedule 1 to this Agreement(the "Property"). Wave provides its customers with a variety of telecommunications, high speed data transmission, broadband Internet access and other similar services. Grantor desires to grant Wave a utility easement allowing Wave to install and maintain certain guy wires,fiber optic cable and associated equipment and facilities (collectively, the "Network Facilities") over a portion of the Property. Agreement For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Wave now agree as follows: 1. Grant of Easement and Ri lit f Access. Grantor hereby grants and conveys to Wave a perpetual, non-exclusive easement in gross (the "Easement") over, under, upon and across the following portion of the Property(the "Easement Area"): That portion of the herein described property being a strip of land 5 feet in width,2%feet on either side of the telecommunications facilities as staked and to be permanently installed following the approximate centerline alignment as described on Exhibit A and depicted on Exhibit B attached hereto and incorporated by this reference. UTILITY EASEMENT AGREEMENT WAVE BUSINESS SOLUTIONS,LLC pg.1 04/22/2015 Wave may use the Easement Area solely for anchoring and installing their Network Facilities (the "Permitted Use"). In connection with the Easement,Grantor also grants to Wave a continuing right of access (the "Access Right") over, across, upon and through those portions of the Property that are reasonably necessary for Wave to access in order to reach the Easement Area and perform the Permitted Use. 2. Ownership of the Network Facilities. The Network Facilities are and shall at all times be and remain the sole and exclusive property of Wave and subject to Wave's sole and exclusive management and control,and neither Grantor nor any subsequent owner(s)of the Property or any part thereof shall acquire any right,title,or interest in any Network Facilities. Wave shall keep and maintain the Network Facilities in good condition and repair. 3. Covenants and Re resentations of the Parties. Wave covenants and agrees to use its commercially reasonable efforts to promptly remediate any damage to the Property proximately resulting from Wave's use of the Easement Area. Grantor covenants and agrees that Grantor: (i) shall not grant to any other individual or entity,any easements, licenses or other rights in or to the Property that could materially and adversely interfere with Wave's Permitted Use of the Easement Area and Wave's Network Facilities installed on the Easement Area; (ii)shall in no way disturb, alter or move any part of the Network Facilities or otherwise interfere with Wave's rights and obligations as provided under this Agreement; and (iii) shall not install any improvements in the Easement Area that will need to be damaged in order for Wave to perform regular maintenance on the Network Facilities or that would otherwise hinder or make unduly difficult Wave's ability to engage in the Permitted Use. Wave will move the Network Facilities within sixty days at Wave's expense should the Grantor's reasonable commercial use of the Property change. Each of the parties represents and warrants to the other that it has all necessary power and authority to enter into and perform the terms of this Agreement. 4. Easement Bans With the Land. The Easement and Access Right granted to Wave by this Agreement are intended to touch and concern the Property, and shall run with the Property and be binding on Grantor's successors in title to the Property in perpetuity. Wave shall hold the rights and benefits granted by this Agreement in gross, and Wave's rights under this Agreement shall be freely assignable. 5. Miscellaneous. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed and acknowledged by the parties hereto. This Agreement shall be governed and construed in accordance with the laws of the State in which the Property is located. This Agreement may be executed in multiple counterparts,and all counterparts shall collectively constitute a single agreement. IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, have duly executed this Agreement for the purposes and consideration expressed in it and delivered this Agreement as of the date first written above. UTILITY EASEMENT AGREEMENT pg 2 WAVE BUSINESS SOLUTIONS,LLC 04/22/2015 GRANTOR: WAVE: City of Port Townsend,a Washington Municipal Wave Business Solutions, a CorporationW Washington limited liability company Y ` 3® ® Name. �1 � � Title: STATE OF WASHINGTON ss,. COUNTY OF JEFFERSON g Pubiic On this �` day of CJ2D before e,the,undersigned, a Notary in and for the State of Washington, duly commissioned and sworn, personally appeared aa kics a ,to me known to be the person who signed as of City of Port Townsend, a Washington Municipal Corporation, the company t at executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said company for the uses and purposes therein mentioned, and on oath stated that he/she was duly elected, qualified and acting as said officer of the company, and that he/she was authorized to execute said instrument. GIVEN UNDER my hand and official seal hereto affixed the day and year in this certificate first above written. wM�.fl,k144fl41 tldN Pp fl d � '".'a,gyp � (Su re ofNota 'Y4�9 A�Vc pue p (Print or stamp name of Notary) orPVV � NOTARY PUBLIC in and fort State of Washington, residing atm . My appointment expires: UTILITY EASEMENT AGREEMENT Pg 3 WAVE BUSINESS SOLUTIONS,LLC 04/22/2015 STATE OF WASHINGTON )ss. COUNTY OF KING On this a day of ........... 2020,,2020, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed asR o g ,.. AKA of WAVE BUSINESS SOLUTIONS, LLC, the company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said company for the uses and purposes therein mentioned, and on oath stated that he/she was duly elected, qualified and acting as said officer of the company, and that he/she was authorized to execute said instrument. GIVEN UNDER my hand and official seal hereto affixed the day and year in this certificate first above written. (Signat re of Notary) Notary Public State Of Washington (Print or stamp n me of Notary) Tammy Rux Commission No.158802 NOTARY PUBLIC in and for the State Commission Expires 03-18-2024 of Washington, residing at My appointment expires: 3-1 [The remainder of this page is intentionally left blank.] UTILITY EASEMENT AGREEMENT pg.4 WAVE BUSINESS SOLUTIONS,LLC 04/22/2015 Schedule 1 to Utility Easement Agreement Legal Description of Prope Tax Lot 20, Block 13, Map of the Town of Port Townsend according to the Plat recorded in Volume 1 of Plats, Page 1 records of Jefferson County,Washington. Situate in the County of Jefferson,State of Washington. [The remainder of this page is intentionally left blank.] UTILITY EASEMENT AGREEMENT pg 5 WAVE BUSINESS SOLUTIONS,LLC 04/22/2015 EXHIBIT A WAVE UTILITY EASEMENT LEGAL DESCRIPTION: /\strip oFland 5feet inwidth lying two and uhalf feet oneach side ofocenterline uxitruns over, under and uoroua o portion of vacated Harrison Street, lying South of Water Street, within the Northeast Quarter o[the Northeast Quarter ofSection ||, Township 3ONorth, Range l West, W.M, City ofPort Townsend, Jefferson County, Washington, said centerline more particularly described oo fb||opa: Beginning oithe intersection of the South Right o[Way Line o[Water Street and East line o[said vacated Harrison Street, Thence South 30'28'45" East along the East line of said vacated Harrison Street, udisiunuo o[24.55 feet to the True PoinioyBogioning; Thence South 30,35'U|" West, mdistance of8&.56feet tnupoint |Sfeet perpendicular iothe West line u[said vacated Harrison Street; Thence South 3O'%Q'45" East, parallel toand |3feet hnnusaid West line o[vacated Harrison Street, a distance o[ |4!.67feet iothe end ofthis centerline description. Sidelines are lengthened orshortened nwneeded. Containing 1,051 square feet more o, less, The above described lZasonneot is depicted on the accompanying map labeled Exhibit B, which is attached herevvithinand made part ofthis legal description. END OF DESCRIPTION 05/06/2020 99£96 VM 'ONIV"01 1NOd I1tf f89(}Sf) XYd* 9fif fgg(pgf) 7NQNd QNV81)V0d8 tiV4G UN31110 Rm*'VA' WYa*LSL1f08'0'd ° $ Nf-W4-69'6 'N'd'V N510dN1 g r tNSWSSV3.4jilUn 20VA ,R ONWOHE u JNlt3Adns 83'I7VNbn trStx9 3 z ® J w I (ROW) xl Oil I I e " 1 8 WEST50'T.L,#68 I I 5�30-"28'45"E 24.55 5 PORT TOWNSEND HARRISON ST, ARM 969.701.302 _ _ Ito VA CATEQ N 3078'45" W -_ .S 3078'45 E 1 `"- 209 01 I N I EASEMENT CL 3 W �p� I (R0 v) I 0 ^w TL.DISTRICT 70 } I W. ZS� CWU' U>1 `y �"L'. Z V I,7jSJS1''rS2z SL..� �rn pm ~LQ, �cc �? r Z�Z 9 K ¢ < O��Wtn Sarno oo¢dw Qyo 0 y �i"JmQ row N 2�z W mho py 9 ZISIHXa