HomeMy WebLinkAboutPacific Funding Corporation; FPH Land LLC; Winchester Investment Corporation - Utility Easement � � �� 8 EA
- Rose Arra Car'res11 Auditor
1212212020' A,42 ACS PGS :
GS 6 Of f i fly PORT TOWN c ,I II I
Jefferson Courts WA Audi
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mill dnAft
Heidi Greenwood,City
Attorney
City of Port Townsend
City Hall
250 Madison,#201
Port Townsend,WA 98368
UTILITY EASEMENT
REFERENCE DOCUMENTS:
Brief Legal Description of Property: S9 T30 R1W Tax 52 Subj/Ease
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NOs. 001-094-006
GRANTOR: Pacific Funding Corporation, a Washington Corporation as to an
undivided 50% interest, FPH Land,LLC, a Washington Limited Liability Company as to an
undivided 25% interest, and Winchester Investment Corporation, as to an undivided 25%
interest
GRANTEE: City of Port Townsend, a Washington municipal corporation
FOR AND IN CONSIDERATION OF One Dollar($1.00), and other good and valuable
consideration, Pacific Funding Corporation, a Washington Corporation as to an undivided 50%
interest, FPH Land,LLC, a Washington Limited Liability Company as to an undivided 25%
interest, and Winchester Investment Corporation, as to an undivided 25% interest, ("Grantor")
hereby conveys and warrants, in perpetuity,to Grantee, the City of Port Townsend, a
Washington municipal corporation, its governmental 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:
Legal Description of Property Subject to Easement: See Attached Exhibit A
Assessor Parcel Number of Property Subject to Easement: 001-094-006
Legal Description of Easement("Easement" or"Easement Area"): See attached Exhibit B
for depiction of utility easement
Purpose and Terms of Easement.
This Utility Easement is for the purpose of granting the City of Port Townsend an utility
easement for the stormwater utility and for other future utilities over,through, under, and across
the described property in perpetuity for the construction, reconstruction, location,relocation,
repair, replacement, and maintenance of stormwater improvements and facilities and access to
those improvements and facilities.
THE EASEMENT IS SUBJECT TO THE FOLLOWING:
1. 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.
2. This Agreement shall be binding upon the 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.
3. Structures and/or permanent storage within the above-described Easement Area are
prohibited although the Grantor may cross the easement area for roads and utility access.
4. 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.
5. Grantee will allow Grantor to access the regional stormwater facility and the property on
which it is located for infiltration of stormwater generated from Grantor's future development
on the encumbered property provided the Grantor pays their proportionate share and on similar
terms as other property owners and provided the system has sufficient capacity to serve
Grantor's development or that the Grantor expands the facilities located on the City property in
order to handle Grantor's stormwater flow contribution.
6. Grantor and Grantee may locate additional utilities in the easement area consistent with
then current health, safety, and engineering standards.
IN WITNESS 'WHEREOF, this Utility Easement is executed this 31 day of
2020. _.
GRANTOR: Pacific Funding Corporation,
a Washington Corporation as to an undivided
50%in' ;Ifg_�Yent
BY rs Authofor Pacific Funding Corporation
Print name: 676 c w
Title for LLC:
Date:�� st2020
GRANTOR: FPH, LLC,
a Washington Limited Liability Company as to an
undivided PeW�Inter•e t
A lelerrt for FPH LLC ,.,
Print name: /�
Title for LLC
Date: 2020
.................................
GRANTOR: Winchester Investment Corporation,
a Washington Corporation as to an undivided
25% interest
Aytliot t regi agent for W c�
T ............ r'
g Investment Corporation
Print name:
Title for LLC: www 611 6 V af-6, R,.N6 a
Date: (YI � ....., w�.......« 2020
STATE OF WASHINGTON )
)SS.
COUNTY tF _. )
On this da
personally appeared
2 undersigned,a Notary Public duly commissioned
and swornersonallyoofHCle,trccl who executed the foregoing Easement, and
1 �,tl, r' nt he
acknowledged said instrument to be freed wtltrntary act
acknowledged said instrument to bledeed of said grantor,for the uses and purposes
therein mentioned, and on oath st t tPlYl)t!h 11 r she is attthoriz t to execute said instrument on behalf of the grantor,
1
WITNESS my ltan ! )�41, q ^ �„�° affixed t a yea and date i thi!�fear;' above wren,
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OTARY PUBL c m and]c r the State
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COUNTY( Ia )
On this e3 r day of %before r me the undersigned,a Notary Public duly commissioned
and sworn,personally appeared who executed the foregoing Easement, and
acknowledged said instrument to e t ]ree and voluntar t and deed of said grantor,for the uses and purposes
therein mentioned,and on oath stated twhatry phey or she is a thor . tlb+execute said instrument on behalf of the grantor.
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STATE OF WASHINGTON )
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COUNTY OII )
On this 25t day of -772-02 etore me the undersigned,a Notary Public duly commissioned
and sworn,personally appeared who executed the foregoing Easement,and
acknowledged said instrument to be �'free and volntar act afdeed of said grantor, for the uses and purposes
therein mentioned,and on oath stated that he or she Isla oriz, to execute said instrument on behalf of the grantor.
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APPROVED:
CITY OF PORT TOWNSEND,
a Washington Municipal Corporation
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, ,.'1���tnttt t
Date: 2020
EXHIBIT A
LEGAL DESCRIPTION
That portion of the Southwest Quarter of the Southeast Quarter of
Section 9, Township 30 North, Range 1 West, W.M., lying
Southerly of the right-of-way for State Highway 20, as conveyed to
the State of Washington by Road Waivers recorded in Volume 1 of
Road Waivers, page 376 and page 396;
EXCEPTING THEREFROM that portion thereof lying Northerly of
a line running 200 feet Southerly of and parallel with the Southerly
boundary of the right-of-way of said State Highway 20, Easterly of
a line 60 feet East of and parallel with the West line of the Southeast
Quarter of Section 9, as aforesaid, and Westerly of a line 300 feet
West of the East line of the Southwest Quarter of the Southeast
Quarter of Section 9, as aforesaid;
ALSO EXCEPTING THEREFROM the Easterly 300 feet of the
Northerly 600 feet of that portion of the Southwest Quarter of the
Southeast Quarter of Section 9, Township 30 North, Range 1 West,
W.M., lying Southerly of the right-of-way for State Highway 20, as
conveyed to the State of Washington by Road Waivers recorded in
Volume 1 of Road Waivers, page 376 and Page 396;
ALSO TOGETHER WITH the Southerly 266 feet of that portion of
Government Lot 1, Section 9, Township 30 North, Range 1 West,
W.M., Jefferson County, Washington, lying West of the boundary
of the Howard Street right-of-way as established in Boundary Line
Adjustment recorded June 25, 1997, under Auditor's File No.
401523, and South of the SR 20/Sims Way right-of-way;
ALSO EXCEPT that portion described as follows:
Commencing at the Southwest corner of the West 1/2 of the
Southeast 1/4; thence North OOE 00' 39" East along the West line of
said West 1/2 of the Southeast '/4, a distance of 84.88 feet to the
TRUE POINT OF BEGINNING; thence North 44E 59' 34" East, a
distance of 42.44 feet; thence North OOE 00' 39" East, a distance of
332.47 feet to a point on a line 100 feet Southerly of the Southerly
right-of-way line of State Highway 20 and the beginning of a non-
tangent curve concave Southerly with a radius of 1759.86 feet, from
which point a radial line bears North 29E 31' 17" West; thence
Westerly along the arc of said curve through a central angle of 01 E
07' 44" for an arc length of 34.68 feet to a point on the West line of
said West 1/2 of the Southeast 1/4; thence South OOE 00' 39" West
along the West line of said West 1/2 of the Southeast 1/4, a distance
of 345.10 feet to the TRUE POINT OF BEGINNING.
TOGETHER WITH the following described portion of the
Southeast 1/4 of the Southwest 1/4 of Section 9, Township 30 North,
Range 1 West, W.M., Jefferson County, Washington:
Beginning at the 1/4 corner common to Sections 9 and 16,
Township 30 North, Range 1 West, W.M.;
thence North OOE 00' 39" East along the East line of said Southeast
1/4 of the Southwest 1/4, a distance of 84.88 feet; thence South 44E
59' 34" West, a distance of 120.07 feet to the South line of said
Southeast 1/4, a distance of 120.07 feet to the South line of said
Southeast 1/4 of the Southwest 1/4; thence North 89E 58' 29" East
along said South line, a distance of 84.88 feet to the POINT OF
BEGINNING;
TOGETHER WITH that remnant of the Southwest 1/4 of the
Southwest 1/4 of the Southeast 1/4 of Section 9, Township 30 North,
Range 1 West, W.M., lying North of the right-of-way for State
Highway 20;
Situate in the County of Jefferson, State of Washington.
EXHIBIT B
UTILITY EASEMENT LEGAL DESCRIPTION:
A strip of land thirty feet in width lying fifteen feet on each side of a centerline as it runs over,under
and across a portion of the South half of Section 9,Township 30 North,Range 1 West,W.M.,City of
Port Townsend,Jefferson County,Washington,said centerline more particularly described as follows:
Beginning at the South quarter corner of said section 9,thence South 8852'55"East along the South
line of said Section 9,a distance of 1067.34 feet;
Thence North 00°53'22"East,a distance of 23.27 feet to the True Point of Beginning of this centerline
description;
Thence North 76°24'13"West,a distance of 245.38 feet;
Thence North 80°58'55"West,a distance of 328.98 feet to the beginning of a tangent curve concave to
the Northeast having a radius of 45.00 feet,the center of which bears North 09°01'05"East;
Thence Northwesterly along said curve,through a central angle of 21°58'10",a distance of 17.25 feet;
Thence North 59°00'45"West,a distance of 421.91 feet to the beginning of a tangent curve concave to
the Southeast having a radius of 40.00,the center of which bears South 30'59'15"West;
Thence Southwesterly along said curve,through a central angle of 118°57'49",a distance of 83.05 feet;
Thence South 02°01'26"West,a distance of 204.33 feet to the beginning of a tangent curve concave to
the Northwest having a radius of 45.00 feet,the center of which bears North 8758'34"West;
Thence Southwesterly along said curve,through a central angle of 44°57'35",a distance of 35.31 feet;
Thence South 46°59'01"West,a distance of 52.13 feet to the beginning of a tangent curve concave to
the Southeast and having a radius of 60.00 feet,the center of which bears South 43°00'59"East;
Thence Southwesterly along said curve,through a central angle of 34°01'58",a distance of 35.64 feet
to the end of this centerline description and a point on the South line of said Section 9,said point being
North 88°00'55"West,a distance of 11.45 feet from said South quarter corner of section 9 and the point
of beginning.
Sidelines are lengthened or shortened as needed.
Containing 42,719 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
359684
OA TF: 05/20/20
LEGEND: UNLESS OTHERWISE NOTED EXH/B/TB LANE TABLE
SHOW/NG UT/L/TYEASEMENT NUMBER DIRECTION DISTANCE
...AFFECTED PARCEL LINE WITHIN A.P.N. 001-094-006 Ll S 4659'01"" W 52.T3'
...UNAFFECTED PARCEL LINE JEFFERSON COUNTY, WASHINGTON L2 N 88.00"55" W 11.45"
——————
— ...EDGE RIGHOF WAY CITY PREPARED FOR OF PORT TOWNSEND L3 S 88 00'55 E 84.88"
----------- --- L4 S 4700 21` W 162.52EDGE OF 30' WIDE T- L5 S 0217126' W 332.47'
U71DTY EASEMENT S R•20— L6 S 02101'26" W 115.77'
i
17 S 0210126" W 122z4l,
LBS 005322' W 208.52' 2
p01 '021 DRAINAGE p p
-/ EASEMENT PER d
G6m
81 55" W A.F.N. 543098 N hVR ZCNTAL DATM.
WASHINGTON COORDINATE SYSTEM
lid, 004 94-002 a OF 1983, ADJUSTMENT 1991, NORTH m�g 22 W 3
' Ae1 I i ZONE, NORTH AMERICAN DATUM k 2 3
(NAD 83/91) PER VOL. 19 OF W Z a y
/ 1653 36 001-09 -OOfr d SURVEYS, PAGES 61-70. ted �2
/ a„do fi PACIFIC FUNDING 1 3ALL BEARINGS ARE RELATIVE TO �? hZ
30' WIDE UTILITY DRAINAGE o SAID GRID. DISTANCES REDUCED p4 03
C5 r d a Q
00?'-0908' 1 f
�' ^» EASEMENT EASEMENT� 2 TO GRID ARE 0.999936 OF �
! �' + 42,719 SQ. FT. dI HORIZONTAL GROUND DISTANCE. p�
UNd
y `w C7
EDGE OF 30' WIDE d 540.70 1
(p d1.193-020 +w UTILITY EASEMENT EXISTING DRAINAGE vmc
EASEMENT
co
PER A.F.N. 543098
4
N .88"00 5,5' WV "" 106'Z34' 336'"55 W 3
� ��
L2 795-2"5_9%_E___ 14�0J.89 x j
23.27'
co
111-1s2r1 ,� �
SOUTH 1/4 COR. SEC. 9 N 005322' E
CITYOFPORT C.O.P.T. CTRL. PT. 10011621 � v
TOWNSEND Q x
f 01 -FT OD2 CURVE TABLE _ $
PORT TOWNSEND PAPER CORP. NUMBER DELTA ANGLE RADIUS JARC LENGTH 1 Q
S c o I e 1 " 200* Cl 2158'10" 45.00 17.25O�
C2 118'57'49' 40.00 83.05
0 200' 400' 600' c3 4457'35' 45.00 35.31 JOB
C4 34171'58` 60.00 35.64 00726
DISTANCES SHOWN HEREON ARE GRID DISTANCES C5 01107'44- 1759.88 34.68 iRET;
MULTIPLY BY 1.000064 TO OBTAIN GROUND DISTANCES C6 02'0519'° 1859.87 67.80 DATE. 05/20/20 ' q