HomeMy WebLinkAboutLastovica; Stanlick; Nichols - Utility & Non-Motorized Trail Easement 648860 PGlS : 8 EASE
10/21/2021 09:29 AM $210,50 KOSTELEC LAW OFFICE
Jefferson County WA Auditor's Office — Rose Ann Carroll, Auditor
milli FNI A V1111ful
When recorded, return to:
City of fort"Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
Prepared by:
Kostelce Law Office NO REAL ESTATE
110 Box 866 EXISE TA REQUIRED
Port'i ownscrid, WA 98368 JEFFERS Y TRESRE�
By
u,n1xrY AND NON-MOTORIZED TRAIL F',ASEMENT
Grantors: 1_0GAN Cl IASE 1,AS'I'OVICA and MARY A,VP,RY PIP11R I,,AS`V0V1CA, a
inar-ried coupic; 'Fl IOMAS J. S'FANUCK and MARGA RI,"I' C. S'I'ANI.,ICK, a
married couple; and KYI,E BRE"N't"'NICHOLS and (jAI,ADRl1'A, SAVANNAI I
NICI-101-,S, a married couple
Grantee: CHY 0l` P0R'IV0WNS1.,.ND, a municipal carpe i-ation
Abbr. Legal Ptn vacated Shelman Street abutting:
Descriptions: lots 9 thl-OLIgh 14, 131ock 1; and Lot 3 (less the SOLItli Cr feet) and 1,ots 4 thl-011gh 8,
Block 2; all in Janes I1. I lussey's Addition., VI Pg 26
Tax Pat-eels: 961-200-209; 961-200-104; 961-2000-1 10 961-200-111, 961-200-112;
961-200-1 l 3; 961-2010-1 14; 961-200-203
lZelated Al'N 511,
Documents: (Stipulated Findings ofFact, C011CILISions, ol"I,aw and Judgment)
RFVFFALS
A. WHERF"AS, Grantors filed a QUiet 'fitle Action against .Jefferson County and the City ol'
Port 'I'ownsend to r-ecognize the statutory vacation oftlic Sherman Street right-ot-way
I
abutting each of Grantors' properties (.Jefferson County Superior C01111 Case No. 21-2-
00
1-2-
00104-16); and
B. WI IE',RL,:AS, the parties to that laVvStlit stipulated to entry o1 judgment; and
C, WFIFIRFIAS, as part ofthe stipulation entered into by the, parties to that lawsuit,
Grantors/plaintiffs agreed to grant the City o('Port 'I'owiiscnd a noneXCIL[SiVC Utility/11011-
motorized trail easement along the centerline ofthe vacated Sherman Sti-ect right-of-way;
and
UTILITY and NON-NIOTORIZED TRAIL 1-1ASFMFNT PAGE I of 8
D. WHEREAS, in exchange for the grant of a utility/non-motorized trail easement,
Grantee/Defendant City of Port Townsend agreed to waive the definitions of"lot line"
and"lot area"as adopted in Ordinance 2913, §§2 and 3 (and as codified under Port
Townsend Municipal Code §17.16.030.0 and §17.08.040, respectively)as applied to
Grantor/plaintiffs' properties; and
E. WHEREAS,the Jefferson County Superior Court has now entered Stipulated Findings of
Fact, Conclusions of Law and Judgment formally recognizing the statutory vacation of
the Sherman Street right-of-way abutting Grantors/plaintiffs' properties;
NOW THEREFORE, for and in consideration of the recitals above and the other mutual
benefits derived from the Stipulated Findings of Fact, Conclusions of Law and Judgment
referenced above, and the terms contained herein, Grantors Logan Chase Lastovica and Mary
Avery Piper Lastovica,Thomas J. Stanlick and Margaret C. Stanlick,and Kyle Brent Nichols
and Galadriel Savannah Nichols hereby grant and convey to Grantee City of Port Townsend
a nonexclusive 30-foot wide easement over, under, along, across and through an area 15 feet
wide on each side of the centerline of the now-vacated Sherman Street right-of-way abutting,
and now made a part of, Grantors' respective properties(hereinafter"the Easement Area",
described more fully in Exhibit A,attached) for the following purposes and subject to the
following conditions:
1. Purpose. Grantee shall have the right to construct, use,maintain, repair, and replace
utilities and appurtenances within the Easement Area. Further, Grantee may use the
Easement Area for construction, maintenance, and repair of a non-motorized trail
easement within the Easement Area.
2. Grantors Use of Easement Area. Grantors shall have the right to use the Easement
Area for any purpose not inconsistent with Grantee's rights, including but not limited to
construction, maintenance,and repair of driveway(s)or utilities to serve Grantors'
respective properties.
3. Measurement of Setbacks,Minimum Yard Areas and Lot Areas. In exchange for the
grant of this Easement,Grantee hereby waives the definition of"lot line"under PTMC
§17.16.030.0(Ord. 2913 §2)which would otherwise have required setbacks and
minimum yard areas on Grantors' properties to be measured from the original platted
property boundaries. Grantee also hereby waives the definition of"lot are under
PTMC §17.08.040(Ord. 2913 §3), which would otherwise have excluded the statutorily
vacated right-of-way from the measured"lot area". Instead, Grantee acknowledges and
agrees that setbacks and minimum yard areas for each of Grantors' respective properties
shall henceforth be measured from the centerline of the now-vacated Sherman Street
right-of-way and Grantors' "lot area" shall include the portion of the now-vacated
Sherman Street right-of-way which has attached to each of Grantors' properties by
operation of law.
4. Notice. Grantee shall provide Grantor reasonable notice prior to entry into the Easement
Area for the purposes of exercising Grantee's rights under this Easement, except in the
UTILITY and NON-MOTORIZED TRAIL EASEMENT PAGE 2 of 8
case of an emergency, in which case Grantee shall provide notice to Grantors as soon as
reasonably practicable.
S. Restoration. Grantee shall promptly restore any portion of Easement Area disturbed by
work performed under this Easement to its pre-existing condition (i.e., its condition prior
to the entry and work by Grantee).
6. Indemnity. Grantee agrees to indemnify Grantors from and against liability incurred by
Grantors as a result of Grantee's negligence in the exercise of the rights herein granted to
Grantee,but nothing herein shall require Grantee to indemnify Grantors for that portion
of any such liability attributable to the negligence of Grantors or the negligence of others.
7. Run with the Land. Grantors and Grantee intend that this Easement,and the rights,
benefits,obligations and indemnity provisions contained herein, shall run with the land
and shall be binding upon and inure to the benefit of Grantors and Grantee and their
heirs, successors and assigns.
8. Non-severability. If the waivers by the City of Port Townsend as described in Paragraph
3 above are ever found to be invalid by a court of competent jurisdiction,this Easement
shall terminate. In such case, any then-existing City-owned utilities in the Easement
Area may be maintained, repaired and replaced, but no additional utilities may be
installed by Grantee without Grantors' express permission and any non-motorized trail
constructed by the City in the Easement Area shall be promptly removed/
decommissioned and the ground surface restored.
9. Attorney Fees. If any party to this Easement brings a legal proceeding to enforce or
obtain a declaration of its rights under this Easement the prevailing party in such legal
proceeding shall be entitled to recover its reasonable attorney's fees and costs from the
non-prevailing party, whether incurred in mediation or arbitration, at trial or on appeal, or
in any bankruptcy proceeding.
10. Governing Law. This Easement shall be governed and construed under the laws of the
State of Washington.
11. Counterparts. This Easement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall be deemed to be one and the same
Easement.
12.Titles. The titles used in this Easement area used for convenience only and are not to be
considered in construing or interpreting this Easement.
IN WITNESS WHEREOF,the parties have agreed to and executed this Easement to be
effective upon the recording of this instrument.
[Signatures on.following pages]
UTILITY and NON-MOTORIZED TRAIL EASEMENT PAGE 3 of 8
GRANTORS LASTOVICA:
_7
7
-z-
1.0� "has 4, "i'vica Date
Mary AVT PipcKlastovica, Date
STATE, OF `w
) ss
(�'01,)N'I'YOff" JI,,1:1,'I-"RSON )
I certify that I know or have satisfactory evidence that Logan Chase Lastovica,and Mary
Avery Piper L.astovica are the pet-sons who appeared beffire talc, and said persons acknowledged
that they signed dais instrurnentand acknowledged it to be their Free and voluntary act for the
uses and PLII-POSCS mentioned in the instrument.
given my hand and official seal this day of'. 2021 .
..............
I COLETTE KOSTELEC ��"1`ARY PUBLIC in and f(.)r the State of Washington
Notary Public reiding at.
State off Washington
Commission# i8o599 My commission expirLS:
My Comm. Expires Sep 76, 2023
m
UT11,1TY and NON-MOTORIZE'l)'FRAII, EAS)I,'II'vII PA(if,"4 ofg
GRANTORS STANIACK:
0,
I C I as�J ,-i, I i C lk Date
lm ',,aret C. Stanlick Date
STATE, OFWASI IINGTON
) ss
COUNTY Of' JEFFERS(. N )
I certify that I know or have satisfactory evidence thatThonias J. Stanlick and Margaret
C. Stantick are the persons who appeared bel'ore rne, and said persons acknowledged that they
signed this instrument and acknowlcdgCd it to be their free and VOILIntary :act lor the uses and
PLII-POSCS, mentioned in the instrument.
Given under my hand and official seal this (lay of'_ 2021,
COLETTE KOSTELEC
.......... ...............
Notary Public NOTARY PLJ 31AC in and fbi-the State of`Washin toil
State of Washington residing at nr+-
Commission# 180599
My Comm. Expires Sep 26, 2023 My commission expires:
UTILITY and NON-NIOTORIZ1,A)TRAlt, EASF'N/l1INT PAGE 5 ot'8
GRANTORS NICHOLS:
.,,,,.�~ °' �" �""' � "� r•- l...M- ,, ___„�,„. ;� ate° P
KyIraXBrent Nichols Date
.f
r
Galadr iel Savannah Nichols Irate
STATFOF WASHINGTON
SS
I certify that I know or have satisfactory evidence that Kyle Brent Nichols and Galadriel
Savannah Nichols are the persons who appeared before nae, and said persons acknowledged that
they signed this instrument and acknowledged it to be their free and vcaluntary act fear the uses
and purposes mentioned in tlae instrument.
4;iver� under nay hand and official seal this tip dory cab a ' ✓ ` 021,
COLETTE KOSTELEC
Notary Public
Skate of Washington ._
Commission# 180559 NOTARY PLJ ..IC in and for the, State ofWashington
Noy Comm. Expires Sep 26, 2023 residing at /.V & W
My ccantnIiSSi an expires:__
UTILITY and l” ON-N1("t'I 4)Ri: -A)"t RAIts laA;SLIVIt;1'T PAGE 6 of'8
GItNNTEE CITY OF PORTTOWNSEND:
Date
Print Name:
STATH. OFWAS I I INGTON
ss
COUNTY (N- JEFT'l-RSON
I ccrtilj that I know or have satisfactory evidence that r e 6 'Wk.. is
the person who appeared bellore me, and said person acknowledged that said person signed this
instrument, on oath state that she/he was authorized to execute the instrument and acknowledge
it as t9 e r O�� 'o r Y")e 0 "" L,
state
__ cal City ol'PortTownscild, to be the firee and
voluntary ',let cab such Darty 60r tho ises and PLU-POSeS mentioned in this instrument.
G iVCn under my hand and official seat this 1 day o f. a 0 2 1
C3
..........
IUBIAC in and 6or tile Sta ofWashington
NOTA R
0),
residing at
IFp �C My commission expires: i _
UTILITY and NON-N40TORIZEL)TRAIL., F1*ASENIE1NT PACIF 7 of 8
EXHIBIT A
Legal Description of Easement Area on each of Grantors' Properties
Lastovica:
The west 15 feet of that portion of the vacated Sherman Street right-of-way
abutting and made a part of. Lot 3, less the South 6 feet, and Lots 4, 5, and 6, in
Block 2 of James Hussey's Addition to the City of Port Townsend, as per plat
recorded in Volume 1 of Plats,on page 26,records of Jefferson County,
Washington.
Stanlick:
The east 15 feet of that portion of the vacated Sherman Street right-of-way
abutting and made a part of Lots 9 through 14, inclusive, Block 1 of James
Hussey's Addition to the City of Port Townsend,as per plat recorded in Volume 1
of Plats, on page 26,records of Jefferson County, Washington.
Nichols:
The west 15 feet of that portion of the vacated Sherman Street right-of-way
abutting and made a part of Lots 7 and 8 in Block 2 of James Hussey's Addition
to the City of Port Townsend,as per plat recorded in Volume 1 of Plats,on page
26,records of Jefferson County, Washington.
UTILITY and NON-MOTORIZED TRAIL EASEMENT PAGE 8 of 8