HomeMy WebLinkAboutMoore, Jonathan P., Galpin, Judy Kay and Raymond - Underground Utility 561303 PGS : 4 EASE
07/27/2011 12:33 PM $65.00 CITY OF PORT TOWNSEND
Jefferson County WA Auditor's Office - Donna Eldridge, Auditor
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John Watts, City Attorney
City of Port Townsend
City Hall
250 Madison,#201 NO REAL ESTATE
Port Townsend, WA 98368 EXCISEE TAX REQUIRED
JEFFERE30N NTY-FREASURER
BY: C
UNDERGROUND UTILITY EASEMENT
REFERENCE DOCUMENTS: SWD (at AFN 54629 1)
Brief Legal Description of Property: Lots 1,2, 9 and 10 (Tax 73) IRVING PARK ADDITION
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 963303002
GRANTORS: Jonathan P.Moore, an unmarried individual,and Judy Kay Galpin
and Raymond R. Galpin, husband and wife
GRANTEE: City of Port Townsend,a.Washington municipal corporation
FOR AND IN CONSIDERATION OF One Dollar($1.00), and other good and valuable
Consideration, Jonathan P. Moore, an unmarried individual, and Judy Kay Galpin and Raymond
R. Galpin, husband and wife("Grantors") hereby convey and warrant, in perpetuity, to Grantee,the
City of Port Townsend,a Washington municipal corporation, its governmental successors, and assigns, a
perpetual,non-exclusive easement over,through, under 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
Lots 1,2, 9 and 10 (Tax 73), IRVING PARK ADDITION as per plat recorded in Vol. 1 of Plats,
page 42, records of Jefferson County Washington,
Together with that portion of vacated Maple Sheet and Irving Avenue adjoining or abutting
thereon, which upon vacation by Resolution No. 32-94, recorded April 1, 1994 under Recording
No. 370286, attached to said premises by operation of law.
Legal Description of Easement("Easement"or"Easement Area"):
An easement twenty feet in width adjacent to and lying east of the centerline of platted 6"'(Irving
Avenue), IRVING PARK ADDITION as per plat recorded in Vol. I of Plats, page 42, records of
Jefferson County Washington,
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Purpose and Terms of Easement.
This Underground Utility Easement is for the put-pose of granting the City of Port Townsend an
underground utility easement for public and private utilities through, under and across the described
property in perpetuity.
THE EASEMENT IS SUBJECT TO THE FOLLOWING:
I. Grantee shall have the right at all times to enter the described Easement Area for the purpose of
malting allowed utility improvements, inspections and maintaining utility allowed improvements,
including but not limited to, inspecting, maintaining, improving, repairing, constructing, reconstructing,
locating, relocating allowed 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 5 below, and to the City 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 the Grantee and its governmental successor 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 that could adversely affect the utility line 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 the exercise of any rights set forth in paragraph 1,the following applies:
a. Grantee shall restore the property to previous grade .
b. The City is not responsible for any restoration or repair of landscaping, vegetation, or any
improvements within the Easement Area, except the City steal I seed (or re-seed)in a manner that
the City would impose on itself or contractors engaged in similar utility work in City easements
or rights of way).
c. If there is a perimeter fence disturbed by the City, the City shall restore the fence to the same
condition as the fence was in before the City work.
d. The City shall repair any damage to existing driveways, fences, aprons, roadways or buildings
that the City damages.
c. The City shall use reasonable efforts to preserve existing vegetation, so long as the cost of any
work by the City on or for the utility is not increased.
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7. This Easement is for the benefit of the City of Port Townsend, its governmental successors, and
assigns.
IN WITNE HEREOF, this Underground Utility Easement is executed this day of
)GRAN 11.
ore,an unmarried individual
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ate:
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By
Raymo Galpin
Date:
STATE OF WASHINGTON )
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COUNTY OF,Y e Q. Sc f, )
On this I 11'fday of 2011, before me the undersigned, a Notary Public duly
commissioned and sworn, pees Wally appeared Jonathan P. Moore, an unmarried individual, and
Judy Kay Galpin and Raymond R. Galpin, husband and wife known to be the individual that
executed the foregoing Underground Utility Easement, and acknowledge said instrument to be his free
and voluntary act and deed,for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute said instrument.
WITNESS my hand and official seal her to aff d the ye r and date in this certificate above
written. ��
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�® r fit [print name]
� 9 ° ra ®f NOTARY PUBLIC in and for tile State of
�� ,�����t Washington, County of Jefferson, residing in
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APPROVED:
CITY OF PORT TOWNSFND,
a Washington Municipal Corporation
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David G. Timmons, ity Manager
Date: `7 200V
t:
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Pam Kolacy, City Clerk
Approved as to Form:
John Watts, City Attorney
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