HomeMy WebLinkAboutAtwell, Jewell ClineJohn Watts, City Attorney
City of Port Townsend
Waterman & Katz Bldg.
181 Quincy Street, #201
Port Townsend, WA 98368
493481
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Jefferson County, WA MICHAEL ANDERSON MULTI 42.00
NO REAL ESTATE
EXCISE TAX REQUIRED
JEFFERS LINTY TREASYRER
BY:
ti
DECLARATION of EASEMENT and COVENANT
REFERENCE DOCUMENTS: • Quit Claim Deed AFN
GRANTOR: Jewell Cline Atwell
GRANTEE: City of Port Townsend, a Washington municipal corporation
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 931 402 904
FOR AND IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, Jewell Cline Atwell ( "Grantors "),
hereby covenants, declares, conveys and warrants, in perpetuity, to Grantee, the City of Port
Townsend, a Washington Municipal corporation, its successors and assigns, a perpetual,
exclusive easement over, through, under and across the following described property situated in
Jefferson County, Washington:
Legal Description of Property:
Lots 1 and 3, Block 29, Webster's Addition to City of Port Townsend,
TOGETHER WITH that Thirty (30) foot wide strip contiguous to said Lots 1 and 3,
Block 29, Webster's Addition to City of Port Townsend, being a portion of the street
right of way for "C" Street as shown on said Webster's Addition.
Legal Description of Easement ( "Easement" or "Easement Area "): The Northerly fifteen
(15) feet of the above described property.
The legal descriptions are generally depicted on a map attached as Exhibit A.
This Easement is for the purpose of granting the City of Port Townsend an easement
over, through, under and across the described property in perpetuity for public purposes,
including but not limited to, sewer and storm water lines, and for purposes of maintaining open
space, as defined in this instrument.
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SUBJECT TO THE FOLLOWING CONDITIONS AND COVENANTS:
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 or other improvements. This is subject to paragraphs 2 and 5 below, and to the City
giving 24 hours notice to Grantor (or successor) except in the case of an emergency. Grantee
shall keep the Easement Area in open space. Grantee may plant plantings, shrubs, and trees that
in Grantee's opinion is in keeping with maintaining or improving the Easement Area in open
space.
2. Any costs associated with inspection, maintenance, improvement, repair, construction,
reconstruction, improvements or plantings upon the Easement Area undertaken by the Grantee
shall be borne by the Grantee.
3. This Easement shall be binding upon the Grantors and Grantee and their successors and
assigns, and constitutes a covenant running with the land.
4. Grantor shall have no right to place any fences, structures or improvements within the
Easement Area, or use the Easement Area for storage. Subject to Grantee's permission, which
shall not be unreasonably withheld, Grantor shall have the right to plant and garden within the
Easement Area.
5. Grantee shall restore the property to as good a condition as the property was in prior to
any work on or within the easement.
5. Unless pursuant to an exception hereto granted by the City, Grantor agrees that applicable
setbacks for future construction, remodeling, restorations or replacement of structures shall be
calculated from the southern boundary of the Easement Area.
7. The restrictions set forth in this instrument affect and restrict the land, together with the
property described above and depicted on Exhibit A, and said restrictions are and shall be
construed as covenants running with the land binding upon Atwell and all subsequent owners of
the land or any interest in or part thereof, it being the intent of Atwell that the restrictions in this
instrument shall bind and restrict the land, its grantees, successors, heirs, personal
representatives, successors and assigns of any nature and description.
8. This instrument does not amend or modify, nor is it intended to amend or modify any
other requirements of the respective ordinances and codes of the City or any other law or
regulation dealing with the use of land or construction of improvements upon lands as now or
hereafter amended, but rather operates as additional covenants and agreements for the purposes
herein set forth.
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Jefferson County, WA MICHAEL ANDERSON MULTI 42.00
9. THIS EASEMENT AND COVENANT MAY NOT BE RELEASED, MODIFIED,
OR TERMINATED WITHOUT CONSENT OF THE CITY IN WRITING SIGNED BY
THE CITY MANAGER, AND THE CURRENT OWNER OF THE LAND.
10. Grantee within its legislative authority may at any time release its rights in this
instrument, and if so, shall notify the current owner of the adjacent Lot 1 of its action.
IN WITNESS WHEREOF, this Easement is executed this 3044" day of
2004.
Je 1 Cline Atwell
Address: 319 Fir Street
Port Townsend, WA 98368
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 304�day of , 2004, before me the undersigned, a Notary Public
duly commissioned and sworn, personally appeared Jewell Cline Atwell, known to be the
individual that executed the foregoing 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.
WITNESS my hand and official seal hereto affixed the year and date in this certificate
above written.
[print name] i�A��2�A J , .� �s�c -NSA M.
0., OTA NOTARY PUBLIC in and for the State of
DEC, 22, 2007 0 Z = Washington, County of Jefferson, residing in
Sea ouk W4
Y My appointment expires: ill I ®'l
Page 3 of 4
STATE OF WASHINGTON )
) SS.
COUNTY. OF JEFFERSON )
APPROVED:
CITY OF PORT TOWNSEND,
a Washington Municipal Corporation
David G. Timmons] City Manager
Attest:
an�
Pam Kolacy, City Clerk
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Jefferson County, A MICHAEL RNDERSON MULTI 42.00
Approved as to Form
John Watts, City Attorney
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