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Home My WebLink AboutWinter, Denise - Declaration of Easement 609/47839 PGS : 4 EASE 16/2021 11:38 AM $206.50 DENISE WINTER Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor Return To: mill MIAMA ICA X.M.1 M.RnVikwik 11111 D.Winter 1307 481h Street Port Townsend,WA 98368 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUNTY TREASURER By: � DECLARATION OF EASEMENT Related Documents: AFN# Grantor: Denise Winter, an unmarried person Grantee: Denise Winter, an unmarried person Legal Desc. Parcel A= Lots 3 & 4, Block 9, First Addition of H.L. Tibbals Jr. to the City of Port Townsend, as per Plat thereof recorded in Volume 1 of Plats, page 43, records of Jefferson County, Washington State. TOGETHER WITH that portion of Grant Street adjacent thereto, as vacated under Ordinance No. 2001 of the City of Port Townsend that would attach by operation of law. All situated in Jefferson County, Washington State. Parcel B: Lot 5, Block 9, First Addition of H.L. Tibbals Jr. to the City of Port Townsend, as per Plat thereof recorded in Volume 1 of Plats, page 43, records of Jefferson County, Washington State. TOGETHER WITH that portion of Grant Street adjacent thereto, as vacated under Ordinance No. 2001 of the City of Port Townsend that would attach by operation of law. All situated in Jefferson County, Washington State. Parcel#: Parcel A= PTN998-800-901 Parcel B: PTN998-800-901 RECITALS WHEREAS, Denise Winter (the "Grantor" and the "Grantee") is the owner of the real property described herein; and WHEREAS, said real property is currently held as a single tax parcel; and Easement Page 1 of 4 Faber Feinson PLLC 800 Polk St.Ste.B Port Townsend,WA 98368 (360)379-4110 WHEREAS, the Grantor has applied to the City of Port Townsend (the "City") to separate the real property into the Parcel A and Parcel B, as described; and WHEREAS, the City has approved the Grantor's application pursuant to that Certification of Conformance & Recognition of Lots of Record File No. LUP21-048 (the "LUP"), records of the City of Port Townsend, Washington State; and WHEREAS, the LUP requires the Grantor to create an easement across and upon said Parcel B to the benefit of said Parcel A; and WHEREAS, despite the Grantor owning both Parcel A and Parcel B, the Grantor intends that this Declaration of Easement and the easement created hereby to not be eliminated by the doctrine of merger and that the easement be referenced in any future instrument of conveyance, and that the easement created hereby shall be created immediately and shall also spring into existence or otherwise be renewed upon the conveyance of either Parcel A or Parcel B to any third-party; NOW, THEREFORE, the Grantor and Grantee do hereby declare and agree as follows: (1) Grant & Conveyance of Easement. Grantor, as owner of record of Parcel B, does hereby declare the creation of an easement (the "Easement") for ingress, egress, and utilities across, upon, and through the eastern 30 feet of Parcel B, which is coterminous and consistent with that portion of Grant Street adjacent to Parcel B, as vacated under Ordinance No. 2001 of the City of Port Townsend that would attach by operation of law.As used herein, the term"utilities" shall include but not be limited to access and service for(a)potable water; (b) wastewater; (c) electricity; (d) telecommunications, including cable, telephone, internet, and any other means of electronic communication or media; and (e) any other services reasonably associated with the term "utility". (2) Limitations. The Grantor shall retain the beneficial use of the Easement for any purpose that does not constructively defeat the Grantee's rightful use of the Easement for ingress, egress, and utilities. Neither the Grantor nor the Grantee shall not construct or permit to be constructed any permanent improvements within the area of the Easement other than any improvements and structures necessary to reasonably provide ingress, egress, and utilities. "Improvements and structures necessary to reasonably provide ingress, egress, and utilities to Parcel A" shall be construed to include, but not be limited to: (a) the construction & maintenance of paved access road or driveway; (b) swales or other stormwater mitigation facilities or any other facilities as may reasonably be required or useful to maintaining any such access road or driveway; and (c) pipes, conduits, wires, transformers, poles, and any other utility service equipment. (3) Maintenance&Repair. The Grantee shall be solely responsible for the costs of construction, maintenance, and repair of any improvements situated within the area of the Easement and serving Parcel A. Notwithstanding the foregoing, the Grantor shall contribute to such costs of construction, maintenance, and repair of any such improvements that shall serve Parcel B or be used by the Grantor. Easement Page 2 of 4 Faber Feinson PLLC 800 Polk St.Ste.B Port Townsend,WA 98368 (360)379-4110 (4) Vegetation Management. Grantor and Grantee may each individually or jointly manage any vegetation located within the area of the Easement. Grantee may enter upon the area of the Easement and may cut and remove brush, trees, and/or other vegetation that shall present a reasonable hazard to any improvements within the Easement or to Grantee's reasonable use of the Easement. (5) Runs 'with the Land. The Easement and all rights, duties, and obligations hereunder this Declaration shall be perpetual, and shall touch, concern, be appurtenant and run with the land of Parcel A and Parcel B. (6) Other Terme. The following additional terms shall apply to this Declaration and the Easement: (a) Common-Owner;Vesting. Notwithstanding Grantor and Grantee being a common-owner of Parcel A and Parcel B, the parties hereto intend that the Easement granted herein shall survive such common ownership and shall not be extinguished by the doctrine of merger. The Grantor and Grantee further direct that this easement shall vest in all future owners of Parcel A and Parcel B, and shall be referenced in any future instrument of conveyance with regard to either Parcel A or Parcel B. (b) Binding Effect. The Easement and this Declaration shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective successors, heirs, assigns, agents, invitees, and personal representatives and all persons claiming by, through, or under the parties hereto. (c) Applicable Law. The Easement and this Declaration shall be governed by and construed in accordance with the laws of the State of Washington. Original jurisdiction and venue of any suit arising out of or related to this Agreement shall be exclusively in the courts of Jefferson County, Washington State. (d) No Waiver. The waiver by a party of a breach of any provision of this Easement Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. (e) Attorneys' Fees. In the event that any suit or other proceeding is instituted by any person claiming a right under this Declaration, including but not limited to filing suit or requesting an arbitration, mediation, or other alternative dispute resolution process (collectively, "Proceedings"), and appeals and collateral actions relative to such Proceedings, the substantially prevailing party as determined by the court or in such Proceedings shall be entitled to recover said party's reasonable attorneys'fees and all costs and expenses incurred relative to such suit or Proceedings from the substantially non-prevailing party, in addition to such other relief as may be awarded. Easement Page 3 of 4 Faber Feinson PLLC 800 Polk St.Ste.B Port Townsend,WA 98368 (360)379-4110 IN WITNESS WHEREOF, this Declaration is signed on 15 September 2021. By Grantor: By Grantee: enis Winter "Milise 'Tater STATE OF WASHINGTON ) COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that Denise Winter appeared before me on the date indicated below and said person acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Under my hand and official seal on September 2021.. �� Fq z NN „ ....,., Notal° "� o� A. _ � cand e State of Washington . Residingat 1 or "76wns lid Commission Expires 11 June 2022 P 8 ��✓� OF � III Easement Page 4 of 4 Faber Feinson PLLC 800 Polk St.Ste.B Port Townsend,WA 98368 (360)379-4110