HomeMy WebLinkAboutBoire, JanineHeidi Greenwood, City Attorney
City of Port Townsend
250 Madison, Suite 2
Port Townsend, WA 98368
12/29/2022 02.39 PM $206.50 CITY OF PORT TOWNSEND
Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor
mill NFAM4710,RINA111AA VA011111
NO REAL ESTATE 5�
EXCISE TAX REQUIRED
JEFFERSON COUNTY TREASURER
UTILITY EASEMENT
REFERENCE DOCUMENTS: -City of Port Townsend Ordinance Nos 1764 and 1769 recorded
respectively under AFN 283101 and 283103.
Brief Legal Description of Property: Vacated Fir Street adjacent to Block 90 of Pettygrove's
Second Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, Page
17, records of Jefferson County, Washington, within the Southwest quarter of the Southeast
quarter, Section 35, Township 31 North, Range 1 West, W.M., Jefferson County, Washington.
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 985-209-001
GRANTOR: Janine Boire, a married woman, as her separate estate
GRANTEE: City of Port Townsend, a Washington municipal corporation
FOR AND IN CONSIDERATION good and valuable consideration, the receipt of which is
hereby acknowledged, Janine Boire, a married woman, as her separate estate ("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
Vacated Fir Street adjacent to Block 90 of Pettygrove's Second Addition to the City of Port
Townsend, as per plat recorded in Volume 2 of Plats, Page 17, records of Jefferson County,
Washington, within the Southwest quarter of the Southeast quarter, Section 35, Township 31
North, Range 1 West, W.M., Jefferson County, Washington
Legal Description of Easement ("Easement" or "Easement Area"):
Beginning at the intersection of the centerline of said vacated Fir Street and the south right of
way margin of V Street, thence South 77'51'40" East along the said south right of way margin of
V Street, a distance of 9.82 feet;
Thence South 14'53'05" West, a distance of 37.95 feet;
Thence South 12'08'06" West, a distance of 24.45 feet;
Thence South 04'47'31" West, a distance of 23.89 feet;
Thence South 01'13'11" East, a distance of 19.57 feet
Thence North 77'51'40" West, a distance of 15.57 feet to the centerline of said vacated Fir
Street;
Thence North 12*08'06" East along said vacated Fir Street, a distance of 105.10 feet to the point
of beginning.
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 area is for the benefit of the City of Port Townsend, its successors, and
assigns.
8. This Easement defines the width of the Easement area maintained by the City of Port
Townsend when vacating Fir Street pursuant to City of Port Townsend Ordinances 1764 and
1769 which ordinances reserved an easement but did not define the width.
IN WI NESS WHEREOF, this Utility Easement is executed this f 2Aday of
. 2022.
RAN R-
STATE OF WASHINGTON
) SS.
COUNTY OF JEFFERSON)
On this day of a , 2022, before me the undersigned, a Notary Public duly
commissioned and sworn, personally appeared Janine Boire, a married woman as her separate
estate known to be the individual that executed the foregoing Public Utility Easement, and
acknowledged said instrument to be her free and voluntary act and deed, for the uses and purposes
therein mentioned, and on oath stated that she is authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the year and date in this certificate above
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written,
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APPROVED:
CITY OF PORT TOWNSEND,
a Washington Municipal Corporation
i
�n Mauro, City M—riana—ag—er
Date:. %2•42-r 0 2022
Attest:
Alyssa Rodrigues, City Clerk
Approved as to Form:
Heidi Greenwood, ity Attorney