HomeMy WebLinkAboutPTBP, LLC - Utility Easement Heidi Greenwood, City Attorney
City of Port Townsend
250 Madison,Suite 2
Port Townsend,WA 98368
UTILITYEASEMENT -,.�................. ...........................�....................................�.
REFERENCE DOCUMENTS: •Planned Unit Development Agreement, Auditor's File No.
374303 and Record of Survey, Auditor's File No. 374303
Brief Legal Description of Property: Lots 15 & 17, of Survey recorded in Vol 16 of Surveys,
page 33, Auditor's File No. 374303 Jefferson County Washington.
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NOS. 989-800-015 (Lot 15); 989-
800-017 (Lot 17)
GRANTOR: PTBP LLC,a Washington Limited Liability Corporation
GRANTEE: City of Port Townsend, a Washington municipal corporation
FOR AND IN CONSIDERATION good and valuable consideration, the receipt of which
is hereby acknowledged, PTBP LLC, a Washington Limited Liability 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:
Legal Description of Property Subject to Easement
Lots 15 &17, of Survey recorded in Vol 16 of Surveys, page 33; Auditor's No. 374303
Legal Description of Easement("Easement" or "Easement Area"):
That area of the Property which is the eastern twelve and one half feet (12.5) of Lots 17,
and 15 which is adjacent to and east of the Secondary road on the east side of the Port
Townsend Business Park
SUBJECT TO THE FOLLOWING:
1. Grantee shall have the right at all times to enter the described Easement Area for the
purpose of making utility improvements, inspections and maintaining utility improvements,
including but not limited to, inspecting, maintaining, improving, repairing,constructing,
reconstructing, locating, and relocating any utility lines,and removing trees, shrubs or brush as
necessary to accomplish these purposes and protect the 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.
2. 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.
3. This Agreement shall be binding upon the Grantors and Grantee and their successors and
assigns, and constitutes a covenant running with the land.
4. Structures and/or permanent storage within the above-described Easement Area are
prohibited. This does not apply to fences, which are permitted.
5. 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.
6. In connection with any inspection, maintenance, improvement, repair or construction or
reconstruction, Grantee shall restore the property (Easement Area and any immediately adjacent
area) to rough grading, but is not responsible for any restoration or repair of landscaping,
vegetation, fences, or any improvements within the Easement Area.
7. This Easement is for the benefit of the City of Port Townsend, its successors and assigns.
IN WITNESS WHEREOF, this Utility Easement is executed this day of
w4m_b,90 , 2021.
GRANTORS:
V*D _ L.C. '�5 M-)rOa-3ar
STATE OF WASHINGTON
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COUNTY OF AL
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(fat this day of , 2021, bet"o ., thne undersigned, a Notary Public duly
commissioned and sworn, personally appeared _w_ known to be the individual that
executed the foregoing Public Utility Easement, a d acknowledge said instrument to be his/her free and
voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute said instrument.
WITNESS my hand andttseal hereto affixed t eaps11 �ate in this certificate above
written � �
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APPROVED:
CITY OF PORT TOWNSEND,
a Washington Municipal Corporation
John rR.o, City Nfag�i - '_..
7
Date: 0.{
Attest:
Joanna Sanders, City Clerk
Approved as to Form:
............
is i Green°v god, Cit Attorney