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HomeMy WebLinkAboutRose Incorporated - Utility Easement 568030 PGS : S EASE 06/19/2012 02:56 PM $66.00 CITY OF PORT TOWNSEND Jefferson County WA Auditor's Office - Donna Eldridge, Auditor mill KMAIOIK hr's W1 W III'IKJialum"111 I11 John Watts,City Attorney City of Port Townsend City Hall 250 Madison, Suite#2 �d0 RrAL ESTATE Port Townsend, WA 98368 E'CISE TAX I, U RED JEf=FERSO.N'' C NTY 7RLASURER � p BY: L J UTILITY EASEMENT REFERENCE DOCUMENTS: - Brief Legal Description of Property: PORT TOWNSEND O.T. , BLK 40 LOTS 2 & 4 (TAX 98), ENLG BY TAX 184 (BOUND BY: LLA#89066) JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NOs. 989-704-002 (Grantor); 949-100-001 (Grantee) GRANTOR: Rose, Incorporated, a Washington corporation GRANTEE: David Hero and Alison Perry Hero, each as their separate estate FOR AND IN CONSIDERATION OF mutual benefits, Rose Incorporated, a Washington corporation, ("Grantor")hereby conveys and warrants, in perpetuity,to David Hero and Alison Perry Hero, each as their separate estate, ("Grantee), and their successors, and assigns, a perpetual, non-exclusive easement over,through, and across the following described property situated in Jefferson County, Washington, subject to and together with the Purpose and Terms of Easement set forth in this instrument: Legal Description of Property Subject to Easement The south 74 feet 9 inches of Lot 2, less the south 22'/2 feet thereof, and the east %2 of the south 74 feet 9 inches of Lot 4, less the south 22%2 feet thereof, together with that portion of the west %2 of Lot 4 commencing at the southeasterly corner of said west 1/2 of Lot 4, thence northerly with the east line of said west %2 of said Lot 4, ten feet to the true point of beginning; thence northwesterly 35 feet along said east line of said west 1/2; thence southwesterly at right angles to said east line 16 feet; thence southeasterly parallel to said east line 35 feet; thence northeasterly 16 feet to the true point of beginning. Subject to alley way agreement under instrument recorded April 3, 1890 in Volume 28 of Deeds, pages 295 and 296 and the revocable license regarding the alley way agreement. Subject to easements of record UTILITY EASEMENT—Page 1 Legal Description of Easement("Easement"or"Easement Area"): See attached Exhibit A Purpose and Terms of Easement. This Utility Easement is for the purpose of granting the Grantee a utility easement for the location of electrical lines and related equipment over,through, and across the described property in perpetuity for the benefit of Grantee's property shown on Exhibit A(T.P.N. 949-100-001). THE EASEMENT IS SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the described Easement Area for the propose of making allowed utility improvements, inspections and maintaining utility allowed improvements, including but not limited to, inspecting, maintaining, improving, repairing, constructing, reconstructing, locating and relocating allowed utility lines. This is subject to paragraph 2 below, and to the Grantee giving 5 days 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 their successors and assigns, and binding on (and benefit) the Grantee and its successor and assigns, and constitutes a covenant running with the land. 4. Structures that interfere with the easement are prohibited. 5. Grantor reserves the right to relocate the utility easement so long as its function and purpose are maintained. Any relocation of Grantee's improvements shall be done at Grantor's expense. IN WITNESS WHEREOF,this Underground Utility Easement is executed this da of Y "it , 2012. GRANTOR: Rose,Incorporated. By c Its: UTILITY EASEMENT—Page 2 STATE OF WASHINGTON ) 9 . ss. J t County of On this,/Aay of c.a 2012 before me personally appeared-y"1 1-,/W / J to me known to be the�/�°,��;��-�`�G/�"r' ✓�.���:v- of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,and on oath stated that authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. 40 LIBUVG n __. ls', /' p `a Notary ublic in and for the State of Washington, �TF°• -03- OF WA Residing at %/� ✓ � 11'7t=' mac- My Appointment Expires 0 S /� UTILITY EASEMENT—Page 3 EXHIBIT A UTILITY EASEMENT PARCEL NO. 989 704 002 LEGAL DESCRIPTION: A utility easement over, under and across the East 10 feet of the North 42.25 feet of the South 64.75 feet of Lot 2, Block 40, of the Original Townsite of Port Townsend as recorded in Volume 1 of Plats, Page 1, records of Jefferson County,Washington. All situate in the Southeast quarter of the Southeast quarter of Section 2, Township 30 North, Range 1 West, Willamette Meridian, County of Jefferson, State of Washington. The above described Easement is depicted on the accompanying map labeled Exhibit B, which is attached herewithin and made part of this legal description. END OF DESCRIPTION DATE OF FlELD SURVEY EXHIBIT B NOVEMBER, 2011 SHOWING UTILITY EASEMENT EQUIPMENT THROUGH TAX PARCEL #989 704 002 TRIMBLE S6 2" ROB071C TOTAL STATION WITHIN BLOCK 40, ORIGINAL TOWNSITE OF PORT TOWNSEND TRIMBLE TSC2 DATA COLLECTOR CITY OF PORT TOWNSEND, JEFFERSON COUNTY, WASHINGTON WAWAUTON STREET S 5927'33" W o(14 °9' SIDEWALK SIDEWALK S 5927'33" W ELKS BU/LDW CONDOMINIUM T.P.N.549100 001 36.5' 36.5' BLDQ 22 (ROW) (ROW) F&LD01 OWNERSHIP LINE _N 59'27'54" E_ n 10' WIDE 10' z UTILITY I m EASEMENT o y LOT 2 w n n 0 a A T.P.N.989 704 002 ti ti p BLDQ 23 v xi m OWNERSHIP LINE m rcA _N 592754" E I BLDG 16 d cn z I N wo co 0 o N N m _ __ D N 59 27'54' E LOT LINE I HORIZONTAL DATUM: WASHINGTON COORDINATE SYSTEM OF 1983, ADJUSTMENT 1991, NORTH ZONE, NORTH AMERICAN TRN 989 704 001 I DATUM (NAD 83191) PER VOL. 19 &Da 24 n OF SURVEYS PAGES 61-70. 36.5' 36.5' I LOT (ROW) I (ROW) I 'en*,,. �. LEGEND:(EXCEPT AS OTHERWISE INDICATED) _...STREET RIGHT OF WAY °j R -----------------LOT LINE 1� _______...OWNERSHIP LINE ...UTILITY EASEMENT 36986 qT� ...BUILDING LINE �'s'�oECt3TE4 gp� A'AL LAN9 Sccle 1 " = 30' 0 30' 60' 90' DATE: _ °m 11TLE SHOWINGEXHIBIT UT�TY EASEMENT m VAN ALLER SURVEYING THROUGH TAX PARCEL #989 704 002 $ P.O.BOX 75*CARLSBORG,WA.*98324 CLIENT: CITY OF PORT TOWNSEND -� 250 MADISON STREET PHONE: (360)683-3438 *FAY. 360 ( )683-3241 PORT TOWNSEND, WA 98368