HomeMy WebLinkAboutJefferson County - Irving Park AdditionJohn Watts, City Attorney
City of Port Townsend
City Hall
250 Madison, 4201
Port Townsend, WA 98368
567696 PGS :7 EASE
06/01/2012 02:36 PM $68.00 CITY OF PORT TOWNSEND
Jefferson County WA Auditor's Office - Donna Eldridge, Auditor
mill F16 RAN 1I CINIIt W111410lkh 11111
NO REAL ESTATE
EXCISE T! -'\X REQUIRED
JEFFERS N COUNTY TREASURER
BY:
UNDERGROUND UTILITY EASEMENT
REFERENCE DOCUMENTS:
Brief Legal Description of Property:
IRVING PARK ADDITION, BLK 29, LOTS 4 THRU 8 (ALL), PTN 3(RR/RW)
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NOs. 963302902
GRANTOR: Jefferson County, a Washington municipal corporation p;
GRANTEE: City of Port Townsend, a Washington municipal corporation
For valuable consideration receipt of which is hereby acknowledged, Jefferson County,
a Washington municipal corporation ( "Grantor ") hereby conveys and warrants, 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
IRVING PARK ADDITION (Volume 1 of Plats, Page 42), BLK 29, LOTS 4 THRU 8 (ALL),
PTN 3(RR/RW) and Larry Scott Memorial Trail all in the SE 1/4, Section 17, T30N, R1 W,
W.M., Jefferson County, Washington.
Page 1 of 7
Legal Description of Easement ( "Easement" or "Easement Area "):
A ten (10) foot wide, five (5) foot either side of the following centerline description, within
Irvine Park Addition (Volume 1 of Plats, Page 42) and Larry Scott Memorial Trail all in the SE
1/4, Section 17, T30N, R1W, W.M., Jefferson County, Washington.
Beginning at the intersection of Maple Street and 6th Street thence along the centerline of Maple
Street S87 °58'03 "E a distance of 9.79 feet to the true point of beginning of this centerline
description; thence N15 °34'07E a distance of 47.98 feet; thence N26 °49'07 "E a distance of
33.33 feet; thence N30 °36'52 "E a distance of 49.55 feet; thence N23 °23'13 "E a distance of
103.04 feet; thence N58 °6'05 "E a distance of 11.75 feet to the south line of One Hawkeye Park
per Volume 16 of Plats, Page 145 and the end of this centerline description.
The location of the easement is depicted on the diagram, attached and incorporated by reference,
as Exhibit A.
Purpose and Terms of Easement.
This Underground Utility Easement is for the purpose of granting the City of Port
Townsend underground utility easement rights for a public waterline through, under and across
the described property in perpetuity for underground utilities.
There are no rights to any surface uses except as specifically provided in this Easement
for access for the purpose of making utility improvements, inspections and maintenance as set
forth below.
THE EASEMENT IS 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, 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 5 below, and to the Grantee giving 7 days notice to Grantor 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.
Page 2 of 7
4. Structures and /or permanent storage within the above - described Easement Area are
prohibited.
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 the exercise of any rights set forth in paragraph 1, the following
applies:
a. Grantee shall restore the property to previous grade.
b. The Grantee is not responsible for any restoration or repair of landscaping, vegetation, or
any improvements within the Easement Area, except the City shall restore landscaping
and right of way as required by the Jefferson County Utility Permit(s) and seed (or re-
seed) in a manner that the Grantee 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 Grantee, the Grantee shall restore the fence
to the same condition as the fence was in before the Grantee's work.
d. The Grantee shall repair any damage to existing driveways, fences, aprons, roadways,
trails or buildings that the City damages.
e. The Grantee shall use reasonable efforts to preserve existing vegetation, so long as the
cost of any work by the Grantee on or for the utility is not increased.
Page 3 of 7
7. This Easement is for the benefit of the City of Port Townsend, its governmental
successors, and assigns.
IN WITNESS WHEREOF, this Underground Utility Easement is executed this a1_`
day of t v , 201�I`
GRANTOR:
JEFFERSON COUNTY BOARD OF COMMISSIONERS
(�'t Lj>
J n Austin, Chair
r X C -GL S Ca -C tLw'L C C..
Phil Johnson, Member
David W. Sullivan, Member
Approved as to form only:
David Alvarez
Chief Civil Deputy Prosecuting Attorney
i -q2-0i1
Date
Page 4 of 7
GRANTEE:
Approved By:
CITY OF PORT TOWNSEND
a Washington Municipal Corporation
David G. Timmons, /City Manager
Attest:
Pam Kolacy, City Clerk
Approved as to form:
John Watts, City Attorney
Page 5 of 7
Date/
/S
D to
Dates
GRANTOR'S ACKNOWLEDGEMENT
STATE OF WASHINGTON )
) SS.
COUNTY OF
On this ;z 9 �-4 day of 201d' before me personally appeared44 ��, David W.
Sullivan and John Austin, to me aiow to be the entire body of the Board of Jefferson County
Commissioners that executed the foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said, county for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute the said instrument and that the seal affixed is the county seal of
said county.
Witness my hand and seal affixed the day and year first above written._
GIVEN under my hand and official seal this Y" day of 201,Y.
��1�41t1tq!l�,����
�
•' *CANS
[print name]��
' a NOTARY PUBLIC in and for the State of
(. , 0 U'` Washington, County of Jefferson, residing at
Z�d�Od�® My Commission expires:
Bttil
CITY OF PORT TOWNSEND ACKNOWLEDGEMENT
STATE OF WASHINGTON )
) SS.
COUNTY OF e )
THIS IS TO CERTIFY that on this day, before me the undersigned Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared David G. Timmons, to me know to be
the City Manager of the City of Port Townsend that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument.
Witness my hand and seal this day of M&kA 201 V.
EXHIBIT A /
UTLRYEASEU9ff
IMTHIN IRVINE PARK ADDITION (VOL. 1 OF / \
PLATS, PAGE 42) AND LARRY SCOTT / ti
MEMORIAL TRAIL
Os ASR,
/ LOT 23
ONE HAWEVE PARK
/ VOL. 16 OF PLATS, PAGES 145 /
I _ _ S 89'01'02" W _ _
3r - -- 173.90' \
ONE HA OWMW PARK '
Lo
\ EDGE OF RIGHT vi c6 VOL. 16 OF PLATS, PAGES 145
\ OF WAY
RIGHT OF WAY \ `S6 W / ��' OF
\CENTERLINE \ \ �G \ \ duo �51k5
10' WIDE UTILITY
$ 6 EASEMENT �/ Jg S4 23.
0 3 60 / \
\ h� ?3p,. N58106'05\ \
2'
11.75' \
\ N 233'13" E EASEMENT CENTERLINE \ \
T 103.04' 4.,- APN- 963302902
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33.33 �
Zi BLOCK 29
— ARVWG PARK ADD.
/ L VOL. 1 OF PLATS PAGES 42
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47.96' MAPLE STREET
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