HomeMy WebLinkAbout445767 - Scott St 619 & 611tffiilffitffilffiilil]illlffix,T-biilricn Ccurtv, n JllFtll0ll TITLI C0 r ttt l?'t0NO REAL ESTA|IE
E(CISE T$( REOUIBED
.FFFTNSON TREA$URER
BY:
Mary A.Winters, of counsel,
Harris, Mericle & Wakayama, P.L.L.c.
213 Taylor Street
Port Townsend, WA 98368
Document Title(s) (or transactions therein):
Granto(s) (last, fnst, middle initial):
6rant€e(s) (last, fust, middle initial):
Legal Desciption (abbreviated) :
Full Legal Description on Page(s):
Assessor's Tax Parcel Number(s)
Reference Numbers(s) of
Document(s) Assigned or Released:
S
Sewer Easement
Hayden, Stephen, D.
Simpson,
South % of
6 ..A")
969
and 3 125, Mabel Addition
The AudltorlRecorder wtll rely on the i4lomotlon provlded not read the documenl lo verify the accuracy or completeness
of the lnd*lng t4formation.
AGREEMENT
This among Stephen Hayden, his heirs, successors and assigns
("Grantor'), and successors and assigns ("Grantee").
For and in consideration of One Dollar ($l.OO;, the receipt of
which is and other good and valuable consideration, and in consideration of
s adverse po$session claim against Grantee as resolved by the lot line
through the City of Port Townsend and recorded at Auditor's File No.
Grantor hereby conveys and grants to the Crrantee a perpetual, non-
I
the
exclusive easement under, over, through and across the property described in Exhibit "A" (Parcel
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A) which is attached hereto and incorporated by reference, for the existing sewer line now in place
at the location described in Exhibit "C'(which includes awritten desmipion and map, refened to
herein as the 'oeasement area'') , which is attached hereto and incorporated by this and for
sewer lines hereafter repaired, constnrcted or relosated purzuant to this
grant of easement is for the sole benefit of Parcel B, described in Exhibit
SUBJECT TO THE FOLLOWING:
1. Right of Entry. Grantee shall have the right to described in
Exhibit A attached hereto for the purposes of repairing, or
reconstructing, the sewer line. Grantee shall exercise onty in accordance with
such reasonable rules as Orantor may specifr. If of the sewer line lies outside the easement
areabut within three (3) feet of the boundaries area as originally defined in Exhibit
C, the parties shall amend this of the easement area conforms to
the location of the sewer line,shall not be required to incur any expense or
liability in connection with a portion of the sewer line lies outside the easement
area and more than boundaries of the easement ar€a as originally defined in
Exhibit C, turless to by Grantoro that portion ofthe sewer line shall be relocated
so that it lies of the easement area as originally defined in Exhibit C, provided
that, except for with the n'sommon line" as defined in paragraph 2, Grantor
shall incur any expense or liability in connection with such relocation. Grantee
shall ingress or egress to any portion of Parcel A except the easement area without
of Grantor, or in the case of an emergency as defined in paragraph 4, and any
such entry shall be subject to the provisions of this Agreement,
Sewer Easement Agreement: Page 2 of 6
This
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2, Costs. Any and all costs associated with the inspection, maintenance, improvement,
repair, construction, or reconstnrction of the sewer line from the boundary line between the Parcels
to the point at which the Parcel B sewer line joins the line from the Parcel A house they do not
join, where the Parcel B sewer line joins the city sewer on Clay Street, shall Grantee.
Any and all costs associated with the location or relocation of the be by
Grantee. Provided, however, that if there is a portion of the sewer line A and Patcel
B (the'bommon line'), costs of repair, maintenance or relocation of be sbared
equally by the Parcels' owners, consistent with the 3,4 and 5 below.
3. Wgrk Standards. All work must be done a careful and workmanlike
rnarner, using methods that will result in to the landscaping and improvements
of the easement area, including provision and plant roots and stf,uctures of all
landscaping. Further, upon removal, repair or replacement of
the sewer line, the Grantee shall and restore the swface of the property to the
condition it was in at the worh at the sole cost and expense of Grantee, or
on a pro rata basis as with paragraph 2 above.
to any alteratioq replacement or removal of Grantee's4.
sewer line or to the
Grantee shall
or any other substantial activity by Grantee on Grantor's property,
notice of such plans and Grantee shall not commence work
nnitten approval for the proposed plansn which approval shall not be
Provided, however,that in the event of an emergency requiring immediate
for the protection of its facilities or of persons or properly, Grantee may take such
without
action upon notice to Grantor that is reasonable under the circumstances.
Sewer Easement Agreement: Page 3 of 6
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5. Relpqa$oq of,sewer Line. Notwittrstanding any other provision of this Easement
Agreement, any relocation whatsoever of the sewer line existing at the time of the gant of this
Easernent shall be allowed only at the sole discretion of Grantor, and with the witten
and against any and all claims, demands, loss, damages, expense,
description and for any damage to or loss or destruction of property
Grantor's heirs, successors and assignsn because of
removal, relocation and/or maintenance of the sewet
interest that may be used and e4ioyed without
are reseived to the Grantor.
permission of the Grantor.
6. Gru-r.tmS-Indemnification. The Gtantee shall protect and from
and kind and
by Grantor,
replacement,
All right, title and
the easement rights herein conveyed
run with the land, and shall burden Parcel A
heirs, successors and assigns.
7
8. Bjnding Efffect. This
and benefit Parcel B, and be
Sewer Easement Agreement Page 4 of 6
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ofJu(rdzoolDATED this zE- day
GRA}{TOR:
STATE OF WASHINGTON
COI.'NTY OF JEFFERSON
I certi& that I know or have satisfaotory Hayden is the person who
appeared before me, and acknowledged that he this and acknowledged it to be his
free and voluntary act for the uses and in the instrument
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ss.
DATED this /91*auy oWzaot
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(Print
NOTARY PUBLIC in State of
Washington, residing at
My appointmentexpfue*1,--t9- D {-,
It
Sewer Easement Agreement: Page 5 of 6
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ACCEPTED:
David
STATE OF WASHINGTON
COUNTY OF JEFFERSON
I certify that I know or have satisfactory
appeared before me, and acknowledged that he signed
free and voluntary act for the uses and purposes
Simpson is the person who
acknowledged it to be his
State of
ss,
)
)
)
DATED tnis:'Xlo uv or?#looI
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(Print
NOTARY PUBLIC
Washington, residing at
My appointment expires €,/r4f
Sewer Easement Agreemcnt Page 6 of 6
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EXHIBIT A
Legal Description of Parcel A (611 Scott St')
The south half of lots 1 and 3, together with the southerly nine
half (9.5) fe
City of Port
page 12.
et of the north half of said lots, block 125, Mabel to the
Townsend, according to the plat recorded in ats,
one
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EXHIBIT B
Legat Description of Parcel B (619 Scott Street)
The north half of lots 1 and 3, excepting theref rom the southerlY nine and
one half (9.5)feet of the north half of said lots, and together with e
southerly five (5)feet of the south half of lots 2 and 4, all in bl
Mabel Addition to the city of Port Townsend, according to
recorded in volume 2 of plats, page 12
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EXHIBIT C
Description of easement locrtion:
A four (4) foot width having as its center a line thax crosses the north
point appoximately forty-six feet eight inches (46'8") westward of
of the lot and runs diagonally to the southwest, exiting Parcel A
seven feet(27') eastward of the Southwest comerof the lot.
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