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Home My WebLink AboutMcLean, Christen and Long, Kevin R.John Watts, City Attorney City of Port Townsend Waterman & Katz Bldg. 181 Quincy Street, #201 Port Townsend, WA 98368 493572 Mill p&qe: 1 of 4 01107/2006 11:12A Jefferson CountY, WA CITY OF PORT TOWNSEN EASE 22.00 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUNTY TREASURER UNDERGROUND UTILITY EASEMENT REFERENCE DOCUMENTS: • Deed. of Trust from Christen McLean and Kevin R. Long to Seattle Savings Bank dated February 10, 2004, Auditor's File No. 481189 GRANTORS: Christen McLean and Kevin R. Long, both single persons, as Joint Tenants GRANTEE: City of Port Townsend, a Washington municipal corporation JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 999 - 400 -006 FOR AND IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Christen McLean and Kevin R. Long ( "Grantors "), hereby convey and warrant, 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: Lots 17, 18 and 19, Woodland Addition to the City of Port Townsend, as per Plat recorded in Volume 1 of Plats, Page 99, Records of Jefferson County, Washington. Legal Description of Easement ( "Easement" or "Easement Area "): Southern 5 feet of Lot 17 of the above - described property as shown on Exhibit A. This Underground Utility Easement is for the purpose of granting the City of Port Townsend underground utility easement rights over, through, under and across the described property in perpetuity for sewer and storm water lines. This Easement supercedes and terminates any existing prescriptive right in the City to maintain a utility line on the Property. 493572 Page: 2 of 4 01/07/2005 11:12A J�ff�rson County WA CITY OF PORT TOWNSEN EASE 22.00 SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the described Easement Area for the purpose of inspections and maintaining the property, including but not limited to inspecting, maintaining, improving, repairing, constructing, reconstructing, locating, and relocating any utility lines. Grantee may enter the area immediately adjacent to the Easement Area if it is strictly necessary in order to do work in the Easement Area, for example, if it is necessary to cross over a couple of feet onto the adjacent area in order to operate a backhoe generally within to excavate in the Easement Area. There is no right to the Grantee to use the adjacent area to park or store equipment of any kind. This is subject to paragraphs 2 and 5 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. Grantee shall restore the property (Easement Area and any immediately adjacent area) to as good a condition as the property was in prior to any work on the easement. '-'l IN WITNESS WHEREOF, this Underground Utility Easement is executed this day of l�t��v°' , 2004. GRANTORS: Address: 936 25t" Street Port Townsend, WA 98368 Christen McLean Kevin R. Long Address: 936 25t" Street Port Townsend, WA 98368 4935%2 Pao@: 3 of 4 01/07/2005 11:12A Jefferson County, WA CITY OF PORT TOWNSEN EASE 22.00 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year last written below. STATE OF WASHINGTON ) ) SS. COUNTY. OF JEFFERSON ) On this 5 1^4 day of 2004, before me the undersigned, a Notary Public duly commissioned and sworn, personally appeared Christen McLean, known to be the individual that executed the foregoing Underground Utility Easement, and acknowledge 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. STATE OF WASHINGTON ) ) SS. COUNTY. OF JEFFERSON ) On this day of , 2004, before me the undersigned, a Notary Public duly commissioned and sworn, personally appeared Kevin R. Long, 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 hereto affixed the year and date in this certificate above written. =cn 99. [print name] 1 . / �CAs1/ ' a w NOTARY PUBLIC in and for the State of � A L1 ' A `� Q� Washington, County of Jefferson, residing in �3\ °\e� ''' /�► +11t" ° °° My appointment expires: 12 IZZ 0 493572 Pap.: 4 of 4 01/07/2006 11:12A Jefferson County WA CITY OF PORT TOWNSEN EASE 22.00 APPROVED: CITY OF PORT TOWNSEND, a Washington Mun° ipal Corporation David *Timm ns, City Manager Attest: 911121 Pam Kolacy, City Clerk Approved as to Form: John Watts, City Attorney